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Home My WebLink About13-0102 ~~~~~~ G~? C Q ~+ ' W »-- s ~~.~! ~ 'r't C... SCHMIDT KRAMER PC ~~~.. ~ ~~,~' BY: CHARLES E. SCHMIDT, JR., ESQUIRE "~ t'""~= ''C'am ~ ~ ~-r7 I.D. #19198 mac': zs ~ o -ra ~~ 209 State Street ~~ .' ~ ~~-, Harrisburg, PA 17101 .,~ ~,,, (717) 232-6300 .,~; cT cschmidt~u.sschmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, IN THE COURT OF COMMON PLEAS and as the Administrator of the CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, PENNSYLVANIA Deceased, . Plaintiff HCR MANORCARE, MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L. P. Defendants MEDICAL PROFESSIONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT s -~~03.~~5 po an'/ c~aaya~ ,~a8~9~o OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. 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 OR CANNOT AFFORD ONE, 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 LWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 717-249-3166 SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 for Plaintiffo PAUL DOUGHERTY, Individuallp, aad as the Administrator of the Estate of LOI$ DOUGHERTY, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. HCR MANORCARE,MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., aad CARLYLE MC PARTNERS, L. P. Defendants No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Paul Dougherty, individually and as the Administrator of the Estate of Lois Dougherty, deceased, by and through his attorneys, Schmidt Kramer PC, and respectfully sets forth as follows: 1. The Plaintiff, Paul Dougherty, is an adult individual residing at 400 Norman Road, Camp Hill, PA 17011, and is the duly appointed personal ~» C ~ Y representative for his deceased wife, Lois Dougherty, who died on September 14, 2011. 2. Defendant, ManorCare Health Services-Carlisle is the fictitious name registered to Manor Care of Carlisle PA, LLC, and owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 3. Defendant, Manor Care of Carlisle PA, LLC is a limited liability company organized in Delaware which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 4. Defendant, HCR ManorCare Properties, LLC, is a limited liability company organized in Delaware which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 5. Defendant, HCR ManorCare is the fictitious name registered to Health Care and Retirement Corporation (hereinafter ManorCare Defendants), which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. '~ D 'r 6. Defendant, HCR Healthcare, LLC is a limited liability company organized in Delaware which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 7. Defendant, HCR II Healthcare, LLC is a limited liability company organized in Delaware which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 8. Defendant, HCR III Healthcare, LLC is a limited liability company organized in Delaware which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 9. Defendant, ManorCare, Inc., is a Delaware corporation which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 10. Defendant, HCR ManorCare, Inc. is a Delaware corporation which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom ',, ~ ' t Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 11. Defendant, Carlyle Partners V MC, L.P., is a Delaware limited partnership which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 12. Defendant, Carlyle MC Partners, L. P., is a Delaware limited partnership which owns and/or operates a facility licensed by the Commonwealth of Pennsylvania, Department of Health, doing business at 940 Walnut Bottom Road, Carlisle, PA 17015. A professional liability claim is being made against this Defendant. 13. All Defendants, collectively, shall hereafter be identified throughout the complaint as ManorCare Defendants, and includes all defendants unless specifically identified. 14. At all times relevant to the Plaintiff's cause of action, Defendants acted through unidentified agents, servants, employees, contractors, sub- contractors, staff and representatives acting within the scope of their employment for the Defendants. 15. At all times relevant to the Plaintiff's cause of action, Lois Dougherty was a resident at the Defendants' facility located at the above address. ,' • t .'' OPERATIVE FACTS 16. On September 6, 2011, Lois Dougherty was admitted to the Defendants' Carlisle, PA facility, following hip surgery at the Holy Spirit Hospital, Camp Hill, PA. 17. At the time of her admission, the Defendants, individually and/or through their agents, employees, servants, contractors, subcontractors, staff, and representatives assessed the needs of Plaintiff's decedent and promised they would adequately care for her needs and protect her from further harm. 18. She was admitted for occupational therapy and for evaluation and treatment and self-care/ADCs, therapeutic exercise, therapeutic activities, as well as wheelchair management. 19. At all times relevant, Defendants held themselves out as specialists in post-surgical rehabilitation and as capable of providing assisted living, nursing care, and total healthcare, akin to a hospital, and assumed responsibility for Lois Dougherty's total healthcare, including care planning and the provision of medication, medical care and treatment, therapy, nutrition, hygiene, and all activities of daily living. 20. During the course of her residency, at ManorCare, Lois Dougherty was incapable of independently providing for all of her daily care and personal needs without reliable assistance. In exchange for monies, she was admitted to Defendants' care to obtain such care and protection. '. ~ r 21. At the time of the admission, Lois Dougherty suffered from early stage dementia with confusion. 22. As part of her admission, Defendants' agents, servants, and employees assessed Lois Dougherty as a fall risk. 23. In addition, Lois Dougherty required two persons to assist with all transfers. 24. At the time of her admission to Defendant's facility, Lois Dougherty was on Coumadin 5mg, which was increased to 5.5mg by order of Dr. Guistwite, on September 8, 201 1. 25. On September 12, 2011, Lois Dougherty was found on the floor on her knees. 26. Lois Dougherty was believed to have fallen on at least one other occasion. 27. On September 13 at approximately 16:00 the Plaintiffs wife, Lois Dougherty, fell at a nurse's station striking her head. 28. She later became combative, for approximately two and a half hours, and then was unresponsive. 29. At 22:30 hours, Lois Dougherty was assessed as unresponsive, left pupil non-reactive, right pupil irregular. 30. Thereafter, at 22:40, she was taken emergently to Hershey Medical Center, and admitted to the ICU. In the Hershey Medical Center she was diagnosed with a complex cerebellar hematoma, a contusion affecting lateral pons and mid-brain, and a subdural hematoma over the frontal parietal and occipital lobes. 31. Lois Dougherty died on September 14, 2011, from complications of injuries suffered from her fall on September 13. 32. Plaintiff believes and avers Defendants were a vertically integrated corporation controlled by the same board of directors, who were, at times material hereto, responsible for the operation, planning, management, and quality control of facility in which Lois Dougherty lived after her surgery, ManorCare Carlisle. 33. At all times material hereto, the control exercised over the ManorCare facility in which Lois Dougherty resided, included: budgeting, marketing, human resource management, training, staffing, and the creation and implementation of all policy and procedure manuals used by ManorCare Carlisle. 34. Defendants also exercised control over reimbursement, quality care assessment and compliance, licensure, certification, and all financial, tax, and accounting issues through control of the fiscal policies of ManorCare Carlisle. 35. Defendants, by and through their board of directors and corporate officers, received and utilized survey results and quality indicators to monitor the care being provided at their nursing home and assisted living facilities, including ManorCare Carlisle. .,~ 36. Defendants exercised ultimate authority over all budgets and had final approval over the allocation of resources to their nursing and assisted living facilities, including, ManorCare Carlisle. 37. As a part of their duties and responsibilities, Defendants had an obligation to establish policies and procedures that addressed the needs of the residents of ManorCare Carlisle, including Lois Dougherty, with respect to the recognition and/or treatment of medical conditions, such as those experienced by Plaintiffs decedent, so as to ensure timely and appropriate care was provided within ManorCare Carlisle or obtained from outside medical providers. 38. Defendants, acting through their administrators, various boards, committees, and individuals, were responsible for the standard of professional practice by members of their staff at ManorCare Carlisle. 39. Defendants had an obligation to employ competent, qualified staff so as to ensure that proper treatment was rendered to individuals having medical problems, presenting as did Lois Dougherty as previously set forth. 40. At all times relevant, Defendants made a conscious decision to operate and/or manage ManorCare Carlisle so as to maximize excess revenues/ profits at the expense of the care required and needed by their residents, including Lois Dougherty. 41. In their efforts to maximize excess revenues/profits, Defendants negligently, intentionally, and/or recklessly reduced staffing levels below the level necessary to provide adequate care to residents, which demonstrated a •. ~, failure to comply with the applicable regulations and standards for assisted living and nursing home facilities. 42. Defendants recklessly and/or negligently disregarded the consequences of their actions, and/or negligently caused staffing levels at ManorCare Carlisle to be set at a level such that the personnel on duty at any given time could not reasonably tend to the needs of their assigned residents, including Lois Dougherty. 43. Over the past several years, and at all times relevant, Defendants have intentionally increased the census at ManorCare Carlisle, and their other facilities, with residents who suffer from greater health problems requiring more complex medical care. 44. Defendants knew, or should have known, that this increase in the acuity of resident population would substantially increase the need for staff, services, and supplies for the new resident population. 45. Defendants failed to provide the necessary resources, including but not limited to supplies, equipment, and sufficient staff to meet the needs of the residents, including Lois Dougherty. 46. Defendants knowingly established staffing levels that recklessly created high resident to staff ratios, including high resident to nurse ratios. 47. Defendants knowingly disregarded patient acuity levels while making staffing decisions; and also knowingly disregarded the minimum time required by the staff to perform essential day to day functions and treatments. .' 48. The acts and omissions by Defendants were motivated by the desire to increase excess revenues/profits of their assisted living facilities and nursing homes, including ManorCare Carlisle by knowingly, recklessly, and with total disregard for the health and safety of their residents, reducing expenditures for needed staffing, training, supervision, and care to levels that would inevitably lead to severe injuries, such as those suffered by Plaintiff's decedent. 49. The actions of Defendants were designed to increase reimbursements by governmental programs, which Plaintiff believes and avers, are the primary source of income for ManorCare Carlisle. 50. The aforementioned acts and omissions directly caused injury to Lois Dougherty and were known by Defendants prior to her injury and death. 51. During Lois Dougherty's residency at ManorCare Carlisle, Defendants knowingly sacrificed the quality of care received by all residents, including Lois Dougherty, by failing to manage, care, monitor, document, chart, prevent, diagnose, and/or treat the injuries and illnesses suffered by Lois Dougherty, as described herein, which included dementia, falls, risk of falls, and two person assistance. 52. The theories of negligence in this matter involve both direct liability and vicarious liability. The incidents aforementioned were caused solely and exclusively by reason of the negligence, carelessness, and recklessness of the Defendants, their agents, servants, contractors, subcontractors, staff, and/or employees and was due in no part to any act or omission of Lois Dougherty. 53. During the time period in which Plaintiff s decedent was a resident at ManorCare Carlisle, Defendants continued to act for fail to act to mismanage, understaff and fail to train which directly caused the serious events involving Lois Dougherty and led to her death. SURVIVAL ACTION 54. Plaintiff brings this claim under the authority of 42 Pa. C.S. ~ 8302. 55. Lois Dougherty did not bring any action against Defendants during her lifetime, and no other action has been commenced on her behalf, aside from this case. COUNT I NEGLIGENCE/ RESPONDEAT SUPERIOR of ALL DEFENDANTS 56. Paragraphs 1 through 46 are incorporated herein as if set forth in full. 57. The death of the resident was caused solely by the negligence of the Defendants and their unnamed servants, agents, and employees, acting within the scope of their employment. 58. The negligence of Defendants, acting through physicians, physicians' assistants, nurses, CNAs, and office staff who examined, treated and/or communicated the condition of Lois Dougherty consisted of the following acts and omissions in the care and treatment of Lois Dougherty after assessing the resident as a fall risk on September 6, 2011 and then: ,~ a. failing to prevent a fall on September 13, 2011; b. failing to update the care plan after at least two prior falls; c. failing to assign a one on one monitor for the resident; d. failing to use personal alarms; e. failing to decrease time alone in the resident's room; f. failing to use interventions to address resident's restlessness; g. failing to make accurate, complete, and consistent documentation and avoid fraudulent documentation; h. failing to ensure Ms. Dougherty did not develop serious and permanent injuries to her body and accelerate the deterioration of her health, physical and mental condition, and more particularly to ensure Plaintiff's decedent did not fall, when Defendants knew or should have known she was at risk for the same; i. failing to respond in a timely manner with appropriate medical care when Lois Dougherty was injured, including when she fell, became combative, and then was unresponsive, when Defendants knew or should have known of the serious nature of ahead injury with her condition at the time of admission, and as her condition changed through her residency; j. failing to immediately report all alleged violations involving mistreatment, neglect, or abuse to the administrator of ,~ ManorCare Carlisle and to other officials in accord with state law through established procedures; k. failing to undertake and/or implement the instructions provided by physicians and notify the physicians of changes in Ms. Dougherty's condition; 1. failing to refer Plaintiffs decedent to the necessary medical specialists in a timely manner who would have instructed Defendants on how to properly care for and protect Lois Dougherty from injury; m. failing to provide a safe, functional, sanitary, and comfortable environment for residents and the public; n. failing to treat Lois Dougherty with human decency and respect; o. failing to assess the resident's need to void/defecate; p. failing to communicate to Mr. Dougherty and his family, the changes in Lois Dougherty; q. failing to communicate to Lois Dougherty's family the various deficiencies issued against ManorCare Carlisle by the Department of Health, and r. failing to provide adequate assessment for closed head injury following a change in the medical condition of Lois Dougherty. 59. As a sole result of the Defendant's negligence, the resident endured pain and suffering from the time of her fall up to, and including, the time of her death on September 14, 2011. WHEREFORE, the Plaintiff, Paul Dougherty, individually and on behalf of the Estate of Lois Dougherty, deceased, demands compensatory and consequential damages from Defendants in excess of the compulsory arbitration limits of Cumberland County. COUNT II NEGLIGENCE/OMNIBUS BUDGET RECONCILIATION ACT jOBRA) AND THE FEDERAL NUR8ING HOME REFORM ACT 60. Paragraphs 1 through 50 are incorporated herein as if set forth in full. 61. Defendants are bound generally by the 1987 Omnibus Budget Reconciliation Act and the Federal Nursing Home Reform Act, which was contained within the 1987 OBRA. See 42 U.S.C. 1396r; 42 U.S.C. 1396a, et seq.; Defendant is also generally bound by the OBRA/ FNHRA implementing regulations found at 42 C.F.R. ~ 483 et seq., which served to define specific statutory rights set forth in the above mentioned statutes. 62. The Defendant is in derogation of the above statute and regulations and, as a custom and policy, failed to comply with the aforementioned regulations as follows: a. By failing, as a custom and policy, to care for patients, including Lois Dougherty, in a manner that promoted maintenance or enhancement of her quality of life as required by 42 C. F. R. ~ 483.15 and 42 U.S.C. 1396r (b)(1)(A); b. By failing, as a custom and policy, to develop a comprehensive care plan for patients, including Lois Dougherty, as required by 42 C.F.R. ~ 483.20 and 42 U.S.C. 1396r (b)(2); c. By failing, as a custom and policy, to periodically review and revise a patient or resident's written plan of care by an interdisciplinary team after each of the resident's or patient's assessments as described within 42 U.S.C. 1396r (b)(3)(A) as required by 1396r (b)(2)(c); d. By failing, as a custom and policy, to conduct an assessment of a patient or resident, such as Lois Dougherty, as per 42 U.S.C. 1396r (b) (3) (a) promptly after a significant change in the patient's physical and/or mental condition as required by 42 U.S.C. 1396r (b)(3)(c)(i); e. By failing, as a custom and policy, to use the results of the assessments required as described above in developing, reviewing and revising the resident's care plan for residents such as Lois Dougherty as required by ~ 1396r (b)(3)(D); f. By failing, as a custom and policy, to provide sufficient nursing staff to provide nursing and related services that would allow patients or residents, including Lois Dougherty, to attain or maintain the highest practicable physical, mental, psychosocial wellbeing as required by 42 C.F.R. ~ 483.30 and 42 U.S.C. 1396r (b)(4)(A), et seq. ; g. By failing, as a custom or policy, to ensure that Defendant Manorcare's facility was administered in a manner that enabled it to use it's resources effectively and efficiently to allow patients or residents including, Lois Dougherty to maintain or attain their highest practicable level of physical, mental, and psychosocial wellbeing as required by 42 C.F.R. ~ 483.75, 42 U.S.C. ~ 1396r (d)(A) and 42 U.S.C. 1396r (b)(1)(C); h. By failing, as a custom and policy, to ensure that the administrator of the HCR Manorcare met the standards established under 42 U.S.C. 1396r (fl(4) as required by 42 U.S.C. 1396r (d)(1)(C); i. By failing, as a custom and policy, to ensure that the HCR Manorcare administrator was complying with federal, state, local laws and accepted professional standards which apply to professionals providing services to residents, including Lois Dougherty, and in operating such a facility as HCR Manorcare as required by 42 U.S.C. 1396r (d)(4)(A); j. By failing, as a custom and policy, to ensure that the HCR Manorcare administrator and director of nursing properly monitored and supervised subordinate staff thereby failing to ensure the health and safety of residents or patients, including Lois Dougherty, in derogation of 42 C.F.R. ~ 483.75, 42 U.S.C. § 1396 (a)(w). 63. The statutes and regulations mentioned above intended to protect a specific group of people, namely nursing home and personal care residents, they apply to the operator of the facility in this case, the statutes and regulations were violated by ManorCare, and the violations were a significant cause of the harm to Plaintiff's decedent. 64. Plaintiffs decedent was a member of the class which the statutes and regulations intended to protect. 65. As a sole result of the Defendant's negligence, the Plaintiff's decedent endured great pain and suffering from the time of her fall until the time of her death on September 14, 2011. WHEREFORE, the Plaintiff, Paul Dougherty, individually and on behalf of the Estate of Lois Dougherty, deceased, demands compensatory and consequential damages from the Defendant in excess of the compulsory arbitration limits of Cumberland County. COUNT IIIA NEGLIGENCE PER SE, based on Pa. Statute I S PA. C. S.A. ~ 2713 66. Paragraphs 1-56 are incorporated herein as if set forth in full. 67. At all relevant times, 18 Pa. C.S.A. ~ 2713 was in effect, as a criminal statute in Pennsylvania titled, Neglect of Care Dependent Person, and sets forth the penal consequences for neglect of a care dependent person. 68. 18 Pa. C.S.A. ~ 2713 "Neglect of Care Dependent Person," expresses the fundamental public policy of the Commonwealth of Pennsylvania that elders are not to be abused or neglected, particularly in health care facilities or by persons holding themselves out as trained professionals, and that if such abuse or neglect causes injury, either physical or mental, then such conduct is actionable. 69. At all relevant times, Lois Dougherty was a care dependent person and resident of Defendants and thus fell within the class of persons intended for protection by 18 Pa. C.S.A. ~ 2713, "Neglect of Care Dependent Person;" thereby allowing Plaintiff to adopt the statute as the standard of care for measuring Defendants' conduct. 70. Defendants were responsible for Lois Dougherty's care at all times relevant. 71. Defendants failed to provide treatment, care, goods or services necessary to preserve the health, safety or welfare of Lois Dougherty as more specifically set forth in this Complaint. 72. As a direct and proximate cause of Defendants' violation of the standard of care set forth in 18 Pa. C.S.A. ~ 2713, Plaintiff's decedent sustained serious personal injuries leading to death. 73. Defendants conduct in violation of the statute, and as more specifically set forth throughout this Complaint was outrageous, and grossly outside the norms accepted by Pennsylvanians, and warrants punitive damages. WHEREFORE, the Plaintiff, Paul Dougherty, individually and on behalf of the Estate of Lois Dougherty, deceased, demands compensatory, consequential, and punitive damages from the Defendant in excess of the compulsory arbitration limits of Cumberland County. COUNT IIIB NEGLIGENCE PER SE, based oa Pa. Statute 35 P.8. ~ 10225.101, ET. SEQ. 74. Paragraphs 1-64 are hereby incorporated as if set forth in full. 75. At all relevant times, 35 P.S. X10225.101, et seq. a statute titled "Pennsylvania Older Adults Protective Services Act," and setting forth civil penalties, administrative penalties, and other consequences for abuse of an older person. 76. 35 P.S. X10225.101, et seq., expresses the stated public policy of the Commonwealth of Pennsylvania, as follows: ...older adults who lack the capacity to protect themselves and are at imminent risk of abuse, neglect, exploitation or abandonment shall have access to and be provided with services necessary to protect their health, safety and welfare. It is not the purpose of this act to place restrictions upon the personal liberty of incapacitated older adults, but this act should be liberally construed to assure the availability of protective services to all older adults in need of them. Such services shall safeguard the rights of incapacitated older adults whiles protecting them from abuse, neglect, exploitation and abandonment. It is the intent of the Cxeneral Assembly to provide for the detection and reduction, correction or elimination of abuse, neglect, exploitation and abandonment, and to establish a program of protective services for older adults in need of them. 77. At all relevant times, Lois Dougherty was an older adult who lacked the capacity to protect herself and was a resident of Defendants and thus fell within the class of persons intended for protection by 35 P.S. X10225.101, et seq., "Pennsylvania Older Adults Protective Services Act," thereby allowing Plaintiff to adopt the statute as the standard of care for measuring Defendants' conduct. 78. Defendants were responsible for Lois Dougherty's care at all times relevant. 79. During her residency, it was negligence per se for Defendants to have reasonable cause to suspect that Lois Dougherty was the victim of abuse and neglect, and failing to report its findings to the appropriate agency and law enforcement officials. 80. As a direct and proximate cause of Defendants' violation of the standard of care set forth in 35 P.S. X10225.101, et seq., Plaintiff's decedent sustained serious personal injuries leading to death. 81. Defendants conduct in violation of the statute, and as more specifically set forth throughout this Complaint was outrageous, and grossly outside the norms accepted by Pennsylvanians, and warrants punitive damages. WHEREFORE, the Plaintiff, Paul Dougherty, individually and on behalf of the Estate of Lois Dougherty, deceased, demands compensatory, consequential, and punitive damages from the Defendant in excess of the compulsory arbitration limits of Cumberland County. ,' COUNT IV CORPORATE NEGLIGENCE OF ALL DEFENDANTS 82. Paragraphs 1 through 72 are incorporated herein as if set forth in full. 83. Defendant ManorCare Carlisle is a licensed nursing facility and has anon-delegable duty to ensure quality care at its facility. 84. At the time of admission, Defendants were on notice of Lois Dougherty's past medical history. 85. Over the course of her residency, Defendants engaged in a pattern of care which showed neglect as described herein. 86. Defendants were aware of problems at ManorCare Carlisle, because they had been cited by the Department of Health following an inspection on July 25, 2011. DOH found ManorCare Carlisle failed to ensure that staff provided adequate supervision for fall risk patients, and that it failed to implement its policies and procedures for abuse, neglect, and misappropriation of residents' property. During its investigation, DOH informed ManorCare Carlisle that increased supervision had not been provided to a resident who had recently displayed unsafe behaviors to ensure that the resident was safe from falls. In fact, in its plan of correction which it committed to the Commonwealth's Department of Health would be completed by August 30, 2011, included, "residents identified as fall risk, have been reviewed to validate appropriate interventions are in place to minimize their risk of injury. Residents will be reviewed for appropriate transfer status and use of mechanical lifts... Nursing staff will be re-educated on fall management guidelines...resident events for falls and bruises will be audited to validate resident safety, supervision, and appropriate interventions were in place;" all of which occurred shortly before Lois Dougherty fell, hit her head, and died. 87. Defendants knew or should have known Lois Dougherty would fall and injure herself. 88. Defendants deprived Lois Dougherty of the adequate care, proper treatment, appropriate level of fall protection, assessments, and required treatment planning which directly led to her falling, hitting her head, and dying. 89. As detailed herein, the severity of the recurrent negligence inflected upon Lois Dougherty, while in the care of Defendants during her residency at ManorCare, accelerated the deterioration of her health and physical condition, and resulted in physical and emotion injuries that caused her severe pain, suffering, and eventually her demise. 90. At all times relevant, Defendants owed anon-delegable duty to provide adequate and appropriate custodial care and supervision for Lois Dougherty and other residents, such as reasonable caregivers would provide under similar circumstances. 91. Despite being made aware of deficiencies in their fall protection programs, policies, procedure, and delivery of services, which caused injury to residents at ManorCare Carlisle, Defendants failed to take steps to prevent the occurrence of more injuries of that type, including the fall suffered by Lois Dougherty. 92. Defendants knew, or should have known, of the aforementioned problems that were occurring with the care of residents like Lois Dougherty as they were placed on actual and/or constructive notice of said problems. 93. Defendants, as the corporate owners, board members and/or managers of ManorCare Carlisle, breached their duties and were therefore, negligent, careless, and acted with a reckless disregard for the safety of residents who were at risk for falls, including Lois Dougherty. 94. The corporate conduct of Defendants was independent of the negligent conduct of the employees of ManorCare Carlisle, and was outrageous, willful, and wanton, exhibiting a reckless indifference to the health of residents, including Lois Dougherty. 95. The injuries, and conduct specified herein, caused Plaintiff's decedent to suffer a loss of personal dignity, together with degradation, anguish, and emotional trauma. 96. Defendants' negligence through the officers, board members, and through the administrative personnel responsible for hiring, retaining and/or dismissing staff, staff supervision, and policy-making and enforcement, as well as any agents, servants, employees, contractors, subcontractors and/or consultants of the Defendants consisted of: a. Failing to select and retain well-trained and knowledgeable personnel to care for Plaintiff's decedent; b. Failing to provide competent agents, servants, workmen and/or employees who would perform the duties required by law of the Defendants; c. Acting with reckless disregard for the rights and safety of residents at ManorCare Carlisle, including Lois Dougherty; d. Failing to establish policies, procedures, and protocols to protect apatient/resident with known fall risk presentation; e. Failing to develop and employment written policies and procedures that prohibit mistreatment, neglect, and abuse of residents; f. Failing to promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality; g. Failing to properly train and supervise nursing and other staff to follow established policies, procedures, and protocols to protect patient/ resident with known fall risk presentation; h. Failing to comply with representations of quality of care; i. Failing to warn of limitations of care provision at the facility; j. Failing to provide proper resources for staff in order to meet the needs of residents; k. failing to ensure accurate, complete, and consistent documentation and avoid fraudulent documentation; 1. failing to ensure that all alleged violations involving mistreatment, neglect, or abuse were reported immediately to the administrator of ManorCare Carlisle and to other officials in accord with state law through established procedures; m. failing to provide a safe, functional, sanitary, and comfortable environment for residents, staff, and the public; n. failing to administer ManorCare Carlisle in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; o. failing to train and supervise Lois Dougherty's caretakers to undertake and/or implement the instructions provided by physicians and notify the physicians of changes of Ms. Dougherty's condition; p. failing to train and supervise Lois Dougherty's caretakers to refer Plaintiff's decedent to the necessary medical specialists in a timely manner who would have instructed Defendants on how to properly care for and protect Lois Dougherty from injury; q. failing to implement a budget that would allow ManorCare Carlisle to provide adequate and appropriate healthcare to Lois Dougherty including the required staff and supplies; r. failing to evaluate the quality of resident care and efficiency of services, identify strengths and weaknesses, set in place measures for improvements where necessary, and, evaluate progress and institute follow-up activities; s. failing to hold department heads (such as the Administrator and Director of Nursing) accountable for the performance of their respective departments; t. failing to maintain clear open lines of communication with the governing body, department heads, ManorCare Carlisle's staff and its residents to ensure resources were properly allocated and that resident care was maintained at a high level; u. failing to have a procedure or mechanism in place for the board to learn of potential risks to residents; v. failing to ensure that a formal program was in place to provide for the recruitment, hiring, and development of competent department managers and other staff at ManorCare Carlisle; w. failing to respond to documented signs and symptoms of pain and suffering during Ms. Dougherty's residence; x. grossly understaffing ManorCare Carlisle; and y. Failing to ensure enforcement of its own care plan. 97. The conduct of the Defendants was intentional, outrageous, willful and wanton, and exhibited a reckless indifference to the health and well being of Lois Dougherty. 98. Defendant's conduct warrants punitive damages. WHEREFORE, the Plaintiff, Paul Dougherty, individually and on behalf of the Estate of Lois Dougherty, deceased, demands compensatory, consequential, and punitive damages from the Defendant in excess of the compulsory arbitration limits of Cumberland County. WRONGFUL DEATH 99. Paragraphs 1 through 89 are incorporated herein as if set forth in full. 100. Plaintiff brings this claim under the authority of 42 Pa. C.S. 8301. 101. At the time of her death, Plaintiff's decedent was survived by the following: her husband, Paul Dougherty, and her son, Charles Dougherty. 102. As a sole result of Defendants' negligence the beneficiaries have suffered a pecuniary loss and a loss of Lois Dougherty's support, companionship, and comfort. 103. As a sole result of Defendants' negligence, Plaintiff has incurred medical bills. 104. As a sole result of Defendants' negligence, Plaintiff has incurred final expenses and the costs of administering the decedent's estate. 105. Plaintiff claims all damages available under the Wrongful Death statute, including damages for emotional injury from the loss of wife and mother. WHEREFORE, the Plaintiff, Paul Dougherty, individually and on behalf of the Estate of Lois Dougherty, deceased, demands compensatory and consequential damages from the Defendant in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, _.. SC I K ER PC r E By: -~~ Charles E. Schmidt, J Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff r. , Esquire SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt~a,schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, and as the Administrator of the Estate of LOI8 DOUGHERTY, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. HCR MANORCARE, MANORCARE HEALTH 8ERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L. P. Defendants No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HCR MANORCARE I, Charles E. Schmidt, Jr., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ® the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, PC By: Charles E. Schmidt,~Jr., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a~schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, aad as the Administrator of the Estate of LOIS DOUGHERTY, Deceased, Plaintiff v. IN THE COURT OF COMMON PLEA8 CUMBERLAND COUNTY, PENNSYLVANIA No. HCR MANORCARE, MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L. P. Defeadaats MEDICAL PROFE88IONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO MANORCARE HEALTH SERVICES-CARLISLE I, Charles E. Schmidt, Jr., certify that: ~.an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, KRAMER PC '.~ L...~C~~In ~ Charles E. Schmidt,'Jr., Esquire Attorney I.D. # 1919 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a),schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, IN THE COURT OF COMMON PLEAS and as the Administrator of the CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, PENNSYLVANIA Deceased, Plaintiff v. HCR MANORCARE, MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L.P. No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT A3 TO MANORCARE OF CARLISLE PA, LLC I, Charles E. Schmidt, Jr., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, ,-~.. S MI K MER PC 1 ~, ~~~ ~ By: Charles E. Schmi t, Jr., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt~,schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, IN THE COURT OF COMMON PLEAS and as the Administrator of the CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, PENNSYLVANIA Deceased, Plaintiff v. HCR MANORCARE, MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L.P. No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HCR MANORCARE PROPERTIES, LLC I, Charles E. Schmidt, Jr., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, 3C ER PC By: Charles E. Schmidt, Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a~schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Iadividually, IN THE COURT OF COMMON PLEAS and as the Administrator of the CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, PENNSYLVANIA Deceased, Plaintiff v. HCR MANORCARE, MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., aad CARLYLE MC PARTNERS, L. P. No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HCR III HEALTHCARE, LLC I, Charles E. Schmidt, Jr., certify that: Xn an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, PC r `mss. Charles E. Schmidt, ~Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a~schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, IN THE COURT OF COMMON PLEAS aad as the Administrator of the CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, PENNSYLVANIA Deceased, Plaintiff v. HCR MANORCARE, MANORCARE HEALTH 8ERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L. P., and CARLYLE MC PARTNERS, L. P. No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HCR II HEALTHCARE, LLC I, Charles E. Schmidt, Jr., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ® the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, Charles E. ~chmidtrlJr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a),schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, IN THE COURT OF COMMON PLEAS aad as the Administrator of the CUMBERLAND COUNTY, Estate of LOI8 DOUGHERTY, PENNSYLVANIA Deceased, . Plaiatiff v. HCR MANORCARE, MANORCARE HEALTH BERVICEB-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L. P. No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HCR HEALTHCARE, LLC I, Charles E. Schmidt, Jr., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt~a,schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, IN THE COURT OF COMMON PLEAS and as the Administrator of the CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, PENNSYLVANIA Deceased, Plaintiff v. HCR MANORCARE, MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L. P., and CARLYLE MC PARTNERS, L. P. No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO MANORCARE, INC. I, Charles E. Schmidt, Jr., certify that: ~ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, 3CHMIDT KR~VIER PC Charles E. Schmidt, ~Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs . ~ . SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a),schmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, Iadividually, and as the Administrator of the Estate of LOIS DOUGHERTY, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. HCR MANORCARE, MANORCARE HEALTH 3ERVICEB-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., aad CARLYLE MC PARTNERS, L.P. Defendants No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO MANORCARE, INC. I, Charles E. Schmidt, Jr., certify that: ~ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ® the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, PC \~k-~ Charles E. S'~hmidt, Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs .# SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt.~a,schmidtkramer com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, aad as the Administrator of the Estate of LOIS DOUGHERTY, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. HCR MANORCARE,MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L. P. Defendants No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HCR MANORCARE INC I, Charles E. Schmidt, Jr., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR .~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, KRAMER r Charles E. Schmidt Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs ~A SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a)schmidtkramer com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, : and as the Administrator of the , Estate of LOIS DOUGHERTY, , Deceased, _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , v. No. HCR MANORCARE, MANORCARE HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L. P. Defendants MEDICAL PROFESSIONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARLYLE PARTNERS V MC L. P. I, Charles E. Schmidt, Jr., certify that: ~~ an appropriate licensed professional has supplied a written statement to the lzndersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that i;s the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; '~ AND/OR ® the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, Charles E. Schmidt, r., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs SC I K ER PC I By: SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a~schmidtkramer com Attorneys for Plaintiffs PAUL DOUGHERTY, Individually, IN THE COURT OF COMMON PLEAS and as the Administrator of the CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, PENNSYLVANIA Deceased, , Plaintiff _ v. HCR MANORCARE,MANORCARE HEALTH 3ERVICEB-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L. P. Defendants No. MEDICAL PROFESSIONAL LIABILITY ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARLYLE MC PARTNERS L.P. I, Charles E. Schmidt, Jr., certify that: ~ an appropriate licensed professional has supplied a written statement to the ~ tndersigned that there is a basis to conclude that the care, skill or knowledge Exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards ~tnd that such conduct was a cause in bringing about the harm; AND/OR ~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, SC T K ER PC y ``~ Charles E. Schmidt, Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs ., Esquire r I SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D.#209519 CUMBERLAND 209 State Street 6,01 . Harrisburg, PA 17101 ENN5YLVANIA (717) 232-6300 jchapman(irschmidtkramer.com Attorneys for Plaintiff PAUL DOUGHERTY, Individually, : IN THE COURT OF COMMON PLEAS and as the Administrator of the : CUMBERLAND COUNTY, Estate of LOIS DOUGHERTY, : PENNSYLVANIA Deceased, Plaintiff V. No. 13-0102 HCR MANORCARE, MANORCARE MEDICAL PROFESSIONAL LIABILITY HEALTH SERVICES-CARLISLE, ACTION - LAW MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE, INC., CARLYLE PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L.P. Defendants JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of Plaintiff in the above-captioned action. Respectfully submitted, 7KRA ER PSCHMI By: David Joseph Ch Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, I, David Joseph Chapman, Esquire, hereby certify that I have, on this .51 " day of April 2013, served the foregoing document via hand delivery on: John M. Skrocki, Esquire Burns White 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 SCHMIDT KRAMER PC i David Joseph Ch an, Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff nM PAUL DOUGHERTY, Individually, and as the Administrator of the Estate of LOIS DOUGHERTY, Deceased, �� r ,., nizt Plaintiffs de •rte �r► V. IN THE COURT OF COMMON PLEAS HCR MANORCARE, MANORCARE OF THE NINTH JUDICIAL DISTRICT HEALTH SERVICES-CARLISLE, MANOR CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR 2013-00102 CIVIL TERM HEALTHCARE, LLC, MANORCARE INC., HCR MANORCARE, INC., CARLYLE PARTNERS VMC, L.P., and CARLYLE MC PARTNERS, L.P., MEDICAL PROFESSIONAL Defendants RESPONSIBILITY ACTION IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT BEFORE GUIDO, EBERT and PLACEY, J.J. ORDER OF COURT AND NOW, this 5th day of July 2013, upon consideration of the Preliminary Objections of Defendants to Plaintiff's Complaint, Plaintiff's response thereto, argument held on the issues, and the record in its entirety, the preliminary objection relating to Pennsylvania Rule of Civil Procedure 1028(a)(6) is SUSTAINED, as a Voluntary Arbitration Agreement was signed by Paul E. Dougherty,' who held a valid and enforceable Durable Power of Attorney for Lois M. Dougherty at the time of signing.2 1 The Voluntary Arbitration Agreement clearly delineates that the agreement applies to"[a]II claims arising out of or relating to this Agreement, the Admission Agreement or any and all past or future admissions of the Patient ...." and is binding upon "successors, spouses, children, next of kin, guardians, administrators, and legal representatives." Preliminary Objections of Defendants to Plaintiffs' Complaint, Ex. B, ¶¶ 1, 9, filed 29 Jan. 2013. . 2 The Power of Attorney provided Plaintiff Paul E. Dougherty with the power to, inter alia, "enter into, perform, modify, extend, cancel, compromise, enforce, or otherwise act with respect to any contract of any sort whatsoever." Plaintiff's Response to Preliminary Objections, Ex. A, If 24, filed 14 Feb. 2013. It is The agreement to arbitrate is a straightforward contract matter that stands on equal footing with any other contract and is entitled to enforcement of its terms. The claims are DIRECTED to the arbitral process as outlined the arbitration agreement. Thoma 11. Placey C.P.J. Distribution: /Charles Schmidt, Jr., Esq. rico c— rT... rr c _� =-A,- r° - 7. John M. Skrocki, Es wr- t ..{-. Esq. -<> CA o r < rv . P'tc5 th4;1.41 7/5/13 =c, _ _ apparent from the language that this Durable Power of Attorney provided Plaintiff with the power to sign the Voluntary Arbitration Agreement on behalf of Lois M. Dougherty, waiving the right to a jury trial for him along with all heirs and assigns. IJr f SCHMIDT KRAMER PC r a 3 '" ® ,d � , r1: 19 BY: CHARLES E. SCHMIDT, JR., ESQUIRE ; ;,4°;` f "ND COUNTY I.D. #19198 PLC ISYLvANIA 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidt(a�schmidtkramer.corn Attorneys for Plaintiffs PAUL DOUGHERTY, : IN THE COURT OF COMMON Individually, and as the : PLEAS Administrator of the Estate of : CUMBERLAND COUNTY, LOIS DOUGHERTY, Deceased, : PENNSYLVANIA Plaintiff v. : No. 13-0102 • HCR MANORCARE, : MEDICAL PROFESSIONAL MANORCARE HEALTH : LIABILITY ACTION - LAW SERVICES-CARLISLE, MANOR : CARE OF CARLISLE PA, LLC, HCR MANORCARE PROPERTIES, LLC, HCR III • HEALTHCARE, LLC, HCR II • HEALTHCARE, LLC, HCR • HEALTHCARE, LLC, MANOR . CARE, INC., HCR MANORCARE, INC., CARLYLE . PARTNERS V MC, L.P., and CARLYLE MC PARTNERS, L.P. • Defendants : JURY TRIAL DEMANDED PETITION TO APPROVE WRONGFUL DEATH/SURVIVAL SETTLEMENT AND NOW comes the Plaintiff, Paul Dougherty, who asks the Court to approve settlement and allocation of proceeds in accordance with 20 Pa. C.S.A. § 3323 based on the following: 1. The Petitioner, Paul Dougherty is the surviving spouse of the Decedent, Lois Dougherty, who died on September 14, 2010. 2. The Petitioner is the duly appointed Executor of the Estate of Lois Dougherty, deceased. (See attached Exhibit A) 3. Plaintiff's decedent, Lois Dougherty, died as a result of a head injury sustained in a fall while a patient at Defendants' facility in Carlisle. 4. Without admitting fault, Defendants have offered, and Plaintiff has agreed to accept, the sum of One Hundred Fifty- Five Thousand Dollars ($155,000.00) as a settlement in the above matter. 5. The Plaintiff is the sole beneficiary under his wife's Will. (See attached Exhibit B) 6. In addition, Plaintiff is the only family member with a Wrongful Death Claim as a surviving spouse. 7. No inheritance tax is due to a spouse, See 72 P.S. §9116(a)(1.1)(ii). See attached letter from Pennsylvania Department of Revenue (Exhibit C) 8. Plaintiff wishes to allocate the entire settlement to the Wrongful Death Action in order to avoid probate costs. 9. There are no other creditors of the Estate, and the funeral bill has been paid. 2 10. Plaintiff requests that the Court grant permission to sign the attached Release. (See attached Exhibit D) WHEREFORE, the Plaintiff requests that this honorable Court enter an Order attached to the Petition approving the Compromise Settlement and allocating the proceeds as set forth herein and authorizing him to sign the attached Release. Respectfully submitted, S MID K ' MER PC C By. _ Charles E. 'hmidt Jr. Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff 3 ATTORNEY VERIFICATION I, Charles E. Schmidt, Jr., Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. } N Date: 0( gQ (C)1. c_z.9jC Charles E. Schmidt, Jr Esquire 4 cç REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY �\ GRANT OF LETTERS PENNSYLVANIA t Ar,-t ,.'"'I`k - 1 . = No. 2012- 01138 PA No. 21- 12- 1138 •■ Estate Of: LOIS MARTINE DOUGHERTY (First,Middle,Last) ■ Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY ,,',, SSocialeSecurity No: 182-22-8596 d _ , ''' WHEREAS, on the 24th day of October 2012 an instrument dated June 1st 2010 was admitted to probate as the last will of LOIS MARTINE DOUGHERTY (First,Middle,Last) late of LOWER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 14th day of September 2011 an WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: PAUL E DOUGHERTY who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 24th day of October 2012. )19 (ndO_ c -t,i(a 166 1, 54_ Re 9 ester of Wi l'i/c(f,) i-i_at, ai , htitot-it Deputy (7/ **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) \V') - / L. C7 -' :D LAST WILL AND TESTAl NT co-12 _.'4 7r1 I OF ='' N) G:cr LOIS M. DOUGHERTY c)c cn `o fin I, LOIS M. DOUGHERTY, of Lower Allen Township, Cumberlanci4'ounty, Pennsylvania, declare this to be my last will and revoke any will previ- ously made by me . ITEM I : I devise and bequeath all of my estate of every nature and wherever situate to my spouse, PAUL E. DOUGHERTY, if he survives me. ITEM "II : Should my spouse, PAUL E. DOUGHERTY, fail to survive me, I hereby devise and bequeath all of my estate, of every nature and wherever situate, to my son, CHARLES E. DOUGHERTY. ITEM III : I appoint my spouse, PAUL E. DOUGHERTY, Executor of this my last will . Should my spouse, PAUL E. DOUGHERTY, fail to qualify or cease to act as Executor, I appoint my son, CHARLES E . DOUGHERTY, Execu- tor of this my last will . ITEM IV: No fiduciary acting hereunder shall be required to post bond or enter security for the faithful performance of his or her duties in any jurisdiction . IN WITNESS WHEREOF, I, LOIS M. DOUGHERTY, have hereunto set my hand and seal this / I day of. �� , 2010 . • LOIS M. DOUGHERTY Page 1 of 3 SIGNED, SEALED; PUBLISHED and DECLARED by LOIS M. DOUGHERTY, the Testatrix above named, as and for her Last Will and Testament, and in the presence of us, who at her request, in her presence and in the presence of ea . h other, have subscribed our names as witnesses . -;; 414 Bridge St . , New Cumberland PA ,' ' tne..s-s Address .__] 414 Bridge St . , New Cumberland, PA Witness Address COMMONWEALTH OF PENNSYLVANIA: SS : COUNTY OF CUMBERLAND I, LOIS M. DOUGHERTY, the Testatrix whose name is signed to the at- tached or foregoing instrument, having been duly qualified according to law do hereby acknowledge that I signed and executed this instrument as my last will; that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein contained. LOIS M. DOUGHERT ,i Sworn to or affirmed to and acknowledged before me by LOIS M. DOUGHERTY the Testatrix, this \S' day of Vk , 2010 . COMMONWEALTH OF PENNSYLVANIA Mi.),); WW63-0 • NOTARIAL SEAL . ` Notary Public KELLY A. BIRDSALL, Notary Public New Cumberland Boro.,Cumberland Co. My Commission Expires June 18,2013 Page 2 of 3 • COMMONWEALTH OF PENNSYLVANIA : SS : COUNTY OF CUMBERLAND We and� �� the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, depose and say that we were present and saw Testatrix sign and execute the instrument as her last will; that Testatrix signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. W ess , • \ • Sworn to or affirmed to and ackno,,,1 dged before me by and � a\. L��VNAA witnesses, this \S\c • day of• , 2010 . n, n COMMONWEALTH OF PENNSYLVANIA _ \ '' n2 �.( ,'(,,\:i.,% NOTARIAL SEAL Notary Public KELLY A. BIRDSALL, Notary Public New Cumberland Boro.,Cumberland Co. My Commission Expires June 18,2013 Page 3 of 3 REGISTER OF WILLS --n CERTIFICATE OF CUMBERLAND COUNTY . GRANT OF LETTERS PENNSYLVANIA 1 - i tl _ No. 2012- 01138 PA No. 21- 12- 1138 %■ ``. Estate Of: LOIS MARTINE DOUGHERTY • (First,Middle,Last( •• • Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY � r�,•'�0 DSocialeSecurity No: 182-22-8596 WHEREAS, on the 24th day of October 2012 an instrument dated June 1st 2010 was admitted to probate as the last will of LOIS MARTINE DOUGHERTY (First,Middle,Last( late of LOWER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 14th day of September 2011 an WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: PAUL E DOUGHERTY who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 24th day of October 2012. ge 0 roc_ lajne A -1-ita 166 it( Register of Wit s Anot-A, ehrk,(0 .1.-nt,Deputy **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) pennsylvania DEPARTMENT OF REVENUE October 24,2013 Charles E. Schmidt,Esquire Schmidt Kramer 209 State Street Harrisburg,PA 17101 Re: Estate of Lois M.Dougherty File Number 2112-1138 Court of Common Pleas Cumberland County Dear Mr. Schmidt, The Department of Revenue received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It was forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition,the year old decedent died as a result of injuries received in a fall. The sole heir to decedent's estate is her spouse. Therefore, any proceeds paid to settle the survival action would pass to decedent's spouse and would be subject to a zero percent inheritance tax rate. 72 P.S. §9116(a)(1.1)(ii). Accordingly,regardless of the allocation of the subject proceeds,there would be no inheritance tax consequences. Please be advised that based upon these facts and for inheritance tax purposes only,this Department has no objection to the proposed allocation of the gross proceeds of this action,$155,000.00 to the wrongful death claim and$0 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and, although subject to the imposition of a zero percent inheritance tax rate in this instance,they must be reported on decedent's Pennsylvania inheritance tax return. 42 Pa.C.S.A. § 8302; 72 P.S. § 9106,9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059(Pa.Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition,an attorney from the Department of Revenue will not be attending the hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. S.,'cerely, a on E.Baker Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes I PO Box 280601 I Harrisburg, PA 17128 1 717.783.5824 I shabaker @pa.gov t f GENERAL RELEASE AND SETTLEMENT AGREEMENT The undersigned, Paul Dougherty, Individually, and as the Administrator of the Estate of Lois Dougherty, Deceased, (hereinafter referred to as the "Releasor"), declares that, for and in consideration of One Hundred Fifty-Five Thousand ($155,000.00) Dollars (hereinafter referred to as the "settlement funds"), the receipt of which is hereby acknowledged on behalf of himself and the Estate of Lois Dougherty, Deceased, its heirs, Administrators, successors and assigns, do forever release and discharge HCR Manorcare, Manorcare Health Services- Carlisle, Manor Care of Carlisle, PA, LLC, HCR Manorcare Properties, LLC, HCR III Healthcare, LLC, HCR II Healthcare, LLC, HCR Healthcare, LLC, ManorCare, Inc. and HCR Manorcare, Inc., their owners, officers, directors, executive staff, managers, agents, servants, nursing staff, employees, insurers, reinsurers, parents, subsidiaries, predecessors, successors and assigns, and all other persons, firms, corporations, associations, partnerships, affiliates, subsidiaries and entities whatsoever, affiliated or associated with the above, whether named above or not (hereinafter collectively referred to as "Releasees"), of and from any and all actions, causes of actions, claims, demands, or damages of whatever kind or nature, including any and all claims which were the subject matter of the lawsuit entitled, Paul Dougherty, Individually, and as the Administrator of the Estate of Lois Dougherty, Deceased v. HCR Manorcare, Manorcare Health Services- Carlisle, Manor Care of Carlisle, PA, LLC, HCR Manorcare Properties, LLC, HCR III Healthcare, LLC, HCR II Healthcare, LLC, HCR Healthcare, LLC, ManorCare, Inc. and HCR Manorcare, Inc., Court of Common Pleas of Cumberland County, No. 13-0102, which shall be dismissed with prejudice in accordance with the Rules of Court. The undersigned hereby declares and represents that all claims which have or may be asserted, including conditions, which were or may have been permanent and indefinite are wholly released, and that in making this Release it is understood and agreed that the undersigned relied wholly upon his judgment, belief, and knowledge of the nature, extent, effect and duration of said injuries or possible injuries and liability therefore, and that this Release is made without reliance upon any statement or representation by the Releasees or their representatives, the making of any such statements or representations being specifically denied. The Releasor and his attorney further agree to satisfy any and all liens, including those asserted by Medicare and Medicaid. In order to do so, the Releasor and his attorney further declare and agree to set aside and hold in trust a sufficient amount from the settlement funds to satisfy any and all liens asserted by Medicare and Medicaid and agree that these funds will not be released to any other person until the liens have been satisfied fully from those funds. The Releasor or his attorney will forward to defense counsel, upon receipt, documentation from the lien holders confirming that the liens have been satisfied. The Releasor further agrees to indemnify, defend and hold harmless Releasees from any and all claims arising from any liens. It is understood and agreed that this paragraph is intended to preclude any further claims or actions against the Releasees seeking reimbursement for liens, and, in the event of any such claims or actions, to make Releasor responsible, legally and financially, for any such claims or actions. It is expressly understood and agreed that this Release and Settlement Agreement is intended to apply to and does apply to not only all now known injuries, losses and damages, but further operates to release, acquit and forever discharge any and all claims or actions for any 2 further losses and damages which arise from or are related to, the occurrence set forth in the lawsuit noted above. It is understood and agreed that this settlement is a compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released, and that said Releasees deny liability and intend merely to avoid litigation and buy their peace. Further, it is understood and agreed that Releasor will file all necessary documents seeking court approval of this settlement, and that no funds will be paid without express approval by a court of competent jurisdiction. It is further understood and mutually agreed and made part hereof, that the Releasor and Releasees acknowledge and agree that the terms, conditions of this settlement, including any payments made hereunder, shall remain strictly confidential and shall not be disclosed or made known to any third person or party unless such disclosure is required by law or to satisfy any and all liens. It is further understood and agreed that this is the complete Release and Settlement Agreement, and that there are no written or oral understandings, or agreements, directly or indirectly connected with this Release and Settlement that are not incorporated herein. Further, this agreement shall be binding upon and inure to the benefit of the successors, assigns, heirs, executors, Administrators, and legal representatives of the Releasor and Releasees. Paul Dougherty, Individually, and as the Administrator of the Estate of Lois Dougherty, Deceased hereby declares that the terms of this Release and Settlement Agreement have been completely read; and has discussed the terms of this settlement with the legal counsel of his choice, Charles E. Schmidt, Jr., Esquire, and that said terms are fully understood and 3 voluntarily accepted for the purpose of making a full and final compromise of any and all claims on account of the damages and losses mentioned above and further for the express purpose of precluding forever any further or additional suits by Releasors. CAUTION, READ BEFORE SIGNING ! ! IN WITNESS WHEREOF,we have hereunto set our hand and seal this 0 day of c t.410 b2-t ,2013. rdr,W Paul Dougherty,In' ividually nd as the Administrator of the Estate of Lois Dougherty, Deceased 1\ On this cJ day of QC- \'72.r , 2013,before me, a Notary Public,personally appeared Paul Dougherty to me known as the person who executed the foregoing Release and who acknowledged to me that he voluntarily executed the same. GlAt J 9-1\_-)l NNOTARIAL SEAL ICHOIE CHRISTINE OLSAKOVSKY NOTARY PUBLIC Notary Public NEWPORT BORO., PERRY COUNTY My Commission Expires Mar 20,2016 4 CERTIFICATE OF SERVICE AND NOW, I, Deborah Dowling Sweigart, hereby certify that I have, this 29th day of October 2013, served a copy of the foregoing Petition to Approve Wrongful Death/Survival Settlement by sending a copy of the same by United States mail, postage prepaid, addressed to: John M. Skrocki, Esquire Burns White 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 Respectfully submitted, SCHMIDT KRAMER PC By: fr Deborah Dowling Sweigart Paralegal Schmidt Kramer 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 cschmidtnschmidtkramer.com Attorneys for Plaintiffs PAUL DOUGHERTY, : IN THE COURT OF COMMON Individually, and as the •• PLEAS Administrator of the Estate of •• CUMBERLAND COUNTY, LOIS DOUGHERTY, Deceased, •▪ PENNSYLVANIA Plaintiff • v. : No. 13-0102 • HCR MANORCARE, •▪ MEDICAL PROFESSIONAL MANORCARE HEALTH •• LIABILITY ACTION - LAW SERVICES-CARLISLE, MANOR • CARE OF CARLISLE PA, LLC, HCR MANORCARE • -= PROPERTIES, LLC, HCR III HEALTHCARE, LLC, HCR II rn m FT-1- `' -X3 HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR • �,- -� CARE, INC., HCR ' • =CD- MANORCARE, INC., CARLYLE co PARTNERS V MC, L.P., and ::w CARLYLE MC PARTNERS, L.P. • Defendants : JURY TRIAL DEMANDED ORDER November AND NOW, this day of September, 2013, it is hereby ORDERED and DECREED as follows: 1. The Petition to approve settlement and allocation of proceeds in accordance with 20 Pa. C.S.A. § 3323 is hereby approved; and further 2. The allocation of the entire proceeds from the settlement to the Wrongful Death action is approved; and further 3. Petitioner is authorized to sign the General Release and Settlement Agreement attached to the Petition as Exhibit D. - COURT: \A Judge Thomas A. Placey Common Pleas Judge C0? Ies /Y.1'LEL 144-ly a ..s AL„ , J, , Rh-L.. JoL Qk 2„c ' BURNS WHITE, LLC By: William J. Mundy, Esquire Attorneys for Defendants,HCR Manorcare, Identification No. 57679 Manorcare Health Services-Carlisle, By: John M. Skrocki, Esquire Manor Care of Carlisle,PA,LLC, Identification No. 49071 HCR Manorcare Properties,LLC, 100 Four Falls, Suite 515 HCR III Healthcare,LLC HCR II Healthcare,LLC, 1001 Conshohocken State Road HCR Healthcare,LLC, West Conshohocken, PA 19428 ManorCare,Inc.,HCR Manorcare,Inc.Carlyle Partners V (484) 567-5700 MC,L.P. and Carlyle MC Partners,L.P. • PAUL DOUGHERTY, Individually, COURT OF COMMON PLEAS and as the Administrator of the • OF CUMBERLAND COUNTY Estate of LOIS DOUGHERTY, Deceased, NO. 13-0102 v. HCR MANORCARE, MANORCARE : Civil Term HEALTH SERVICES-CARLISLE, et al. • Medical Professional Liability Action-Law . Jury Trial Demanded STIPULATION AND NOW this L day , 2013, it is HEREBY STIPULATED y of p o by and between the parties that defendants, Carlyle Partners V MC, L.P. and Carlyle MC Partners, L.P. are DISMISSED, WITH PREJUDICE, from the above-captioned action. C DT • • R, P.C. BURNS WHITE LLC e..4„ 4110 By: Charles E. Schmidt, Jr., E 1auire By: John plcrocki,Esquire Identification No. 19198 Iden' ication No. 49071 209 State Street 100 Four Falls, Suite 515 Harrisburg,PA 17101 1001 Conshohocken State Road (717)232-6300 West Conshohocken, PA 19428 Counsel for Plaintiff (484) 567-5700 Attorneys for Defendants,HCR Manorcare,Manorcare Health Services-Carlisle Manor Care of Carlisle,PA,LLC, HCR Manorcare Properties,LLC HCR III Healthcare,LLC, HCR II Healthcare,LLC,HCR Healthcare,LLC, ManorCare,Inc.,HCR Manorcare,Inc. Carlyle Partners V MC,L.P.and Carlyle MC Partners,L.P. cr t� LV �Q o -E .< Approved: _L.= °— cm>, ca w m0 Cop t'es /yL5 lam. Th as A.Placey • n e. ��t'� Common Pleas Judge 4-k 1" J. 2644.ki n'1 BURNS WHITE, LLC By: William J. Mundy, Esquire Attorneys for Defendants,HCR Manorcare, Identification No. 57679 Manorcare Health Services-Carlisle, By: John M. Skrocki, Esquire Manor Care of Carlisle,PA,LLC, Identification No. 49071 HCR Manorcare Properties,LLC, 100 Four Falls, Suite 515 HCR III Healthcare,LLC HCR II Healthcare,LLC, 1001 Conshohocken State Road HCR Healthcare, LLC, West Conshohocken, PA 19428 ManorCare,Inc.,HCR Manorcare,Inc.Carlyle Partners V (484) 567-5700 MC,L.P.and Carlyle MC Partners,L.P. PAUL DOUGHERTY, Individually, COURT OF COMMON PLEAS and as the Administrator of the • OF CUMBERLAND COUNTY Estate of LOIS DOUGHERTY, Deceased, • NO. 13-0102 v. HCR MANORCARE, MANORCARE : Civil Term HEALTH SERVICES-CARLISLE, et al. • Medical Professional Liability Action-Law Jury Trial Demanded STIPULATION AND NOW, this day of , 2013, it is HEREBY STIPULATED by and between the parties that defendants, Carlyle Partners V MC, L.P. and Carlyle MC Partners, L.P. are DISMISSED, WITH PREJUDICE, from the above-captioned action. • ' • , P.C. BURNS WHITE LLCAI By: Charles E. Schmidt,Jr., E •uire By: John i krocki,Esquire Identification No. 19198 Iden` 'cation No. 49071 209 State Street 100 Four Falls, Suite 515 Harrisburg, PA 17101 1001 Conshohocken State Road (717)232-6300 West Conshohocken,PA 19428 Counsel for Plaintiff (484) 567-5700 Attorneys for Defendants,HCR Manorcare,Manorcare Health Services-Carlisle Manor Care of Carlisle, PA,LLC, HCR Manorcare Properties,LLC HCR III Healthcare, LLC, HCR II Healthcare,LLC,HCR Healthcare, LLC, ManorCare,Inc.,HCR Manorcare, Inc. Carlyle Partners V MC,L.P.and Carlyle MC Partners,L.P. Approved: BY THE COURT: J. BURNS WHITE, LLC By: William J. Mundy, Esquire Attorneys for Defendants,HCR Manorcare, Identification No. 57679 Manorcare Health Services-Carlisle, By: John M. Skrocki, Esquire Manor Care of Carlisle,PA,LLC, Identification No. 49071 HCR Manorcare Properties,LLC, 100 Four Falls, Suite 515 HCR III Healthcare,LLC HCR II Healthcare,LLC, 1001 Conshohocken State Road HCR Healthcare,LLC, West Conshohocken, PA 19428 ManorCare,Inc.,HCR Manorcare,Inc.Carlyle Partners V (484) 567-5700 MC,L.P.and Carlyle MC Partners,L.P. PAUL DOUGHERTY, Individually; COURT OF COMMON PLEAS and as the Administrator of the OF CUMBERLAND COUNTY Estate of LOIS DOUGHERTY, Deceased, : NO. 13-0102 v. HCR MANORCARE, MANORCARE : Civil Term HEALTH SERVICES-CARLISLE, et al. Medical Professional Liability Action-Law . Jury Trial Demanded STIPULATION AND NOW, this day of , 2013, it is HEREBY STIPULATED by and between the parties that defendants, Carlyle Partners V MC, L.P. and Carlyle MC Partners, L.P are DISMISSED, WITH PREJUDICE, from the above-captioned action. C 1 T • 411 K, P.C. , BURNS WHITE LLC _ 1 •ii4LiiL By: Charles E. Schmidt,Jr.,E '•uire By: John :krocki,Esquire Identification No. 19198 Iden` 'cation No. 49071 209 State Street 100 Four Falls, Suite 515 Harrisburg,PA 17101 1001 Conshohocken State Road (717)232-6300 West Conshohocken,PA 19428 Counsel for Plaintiff (484) 567-5700 Attorneys for Defendants,HCR Manorcare, Manorcare Health Services-Carlisle Manor Care of Carlisle,PA,LLC, HCR Manorcare Properties,LLC HCR III Healthcare,LLC, HCR II Healthcare,LLC,HCR Healthcare,LLC, ManorCare,Inc.,HCR Manorcare,Inc. Carlyle Partners V MC,L.P.and Carlyle MC Partners,L.P. Approved: BY THE COURT: J.