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HomeMy WebLinkAbout14-2977 Supreme Cou to ,Pennsylvania COUP O ,Cdjh t1CloA,Pleas For Prothonotary Use Only: G v � o er S �6et T!t, Docket No: si.t t CtaY ' erland'" ,. �'L/ Q 7 County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. T Commencement of Action: k11 Complaint , Writ of Summons El Petition S x(� Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Loretta E. Lewis, as Attorney-in-Fact for Hazel E. Lewis Golden Gate National Senior Care, LLC et al. 1T Dollar Amount Requested: ©within arbitration limits (y��� Are money damages requested? 0 Yes No (check one) outside arbitration limits t V N Is this a Class Action Suit? n Yes 0 No Is this an MDJAppeal? E3 Yes 0 No 3 A Name of Plaintiff/Appellant's Attorney: Andrei Govorov, Esquire © Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your y PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS i ® Intentional © Buyer Plaintiff Administrative Agencies l Q Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment © Motor Vehicle n Debt Collection:Other ® Board of Elections n Nuisance Q Dept.of Transportation ©i Premises Liability Statutory Appeal:Other S ® Product Liability(does not include Employment Dispute: E mass tort) 0Slander/Libel!Defamation Discrimination ® ® Other: Employment Dispute:Other Q Zoning Board � Other: ,r I M Other: o MASS TORT El Asbestos N © Tobacco ® Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Ejectment Common Law/Statutory Arbitration B Other: 0 Eminent Domain/Condemnation Q Declaratory Judgment Ground Rent ll Mandamus 0 Landlord/Tenant Dispute E3 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order + PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Q Quo Warranto ® Dental 171 Partition 0 Replevin ® Legal Q Quiet Title Other: ® Medical ® Other: Other Professional: Nursing Home Negligence Updated 11112011 WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchugh.com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, NO.. I'Y _4Z9-y'7 -vs- GOLDEN GATE NATIONAL SENIOR CARE,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER—CAMP HILL 46 Erford Road Camp Hill, Pennsylvania 17011 —� and GPH CAMP HILL III, LP cin -t 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 n GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 /6 3 . In Plano, Texas 75024 y and e{� (c'L e(9(o� GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 s and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. PRAECIPE FOR WRIT OF SUMMONS (Medical Professional Liability Action) TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Summons in the above case. Writ of Summons shall be issued and forwarded to Attorney/Sheriff. (Please Circle Choice) Dated: �� ��/Af Signature of Attorney Print Name: Andrei Govorov, Esquire Address: Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Telephone No.: 215-972-0811 Supreme Court ID No.: 209365 LIST OF ALL NAMED DEFENDANTS GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER—CAMP HILL 46 Erford Road Camp Hill, Pennsylvania 17011 GPH CAMP HILL III, LP 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GGNSC HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 r' WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorov@a wilkesmchu hg com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS { 629 Fourth Street CUMBERLAND COUNTY,PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, r - vs-GOLDEN GATE NATIONAL SENIOR CARE,LLC 7160 Dallas Parkway, Suite 400 c-, Plano, Texas 75024 and MCD 1 GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER—CAMP cnC`' HILL 1 46 Erford Road ' ' n Camp Hill, Pennsylvania 17011 CD�= and GPH CAMP HILL III,LP 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and ' GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC. 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY,RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER,NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: NICHOLAS MAHLER, NHA YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division f Date: WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchu hg com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, NO.. /41 — Q977 -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and `= GGNSC CAMP HILL III,LP d/b/a -� - --o GOLDEN LIVING CENTER–CAMP HILL Cn -� 46 Erford Road )> r-:z Camp Hill, Pennsylvania 17011CD lip CD; and �r , GPH CAMP HILL III,LPX '?' 7160 Dallas Parkway, Suite 400 t Plano, Texas 75024 ._ and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II,LLC y 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER,NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: DEFENDANT GOLDEN GATE NATIONAL SENIOR CARE, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: aovorovnwilkesmchugh.com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, NO.: / -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 C-,, Plano, Texas 75024 ``' '73 and t t: GGNSC CAMP HILL III, LP d/b/a - -� V; GOLDEN LIVING CENTER—CAMP -<> sem ' j s HILL cMOW 46 Erford Road MC) Camp Hill, Pennsylvania 17011 D CD �?> and -< GPH CAMP HILL III, LP f 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: DEFENDANT GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER— CAMP HILL YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: S/! � WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorov a,wilkesmchu h.com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER— CAMP HILL 46 Erford Road ' Camp Hill, Pennsylvania 17011', -�� r}�r- an rTi GPH CAMP HILL III, LP csa c� 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and > GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 ' and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: DEFENDANT, GPH CAMP HILL I1I, LP YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division t " Date: , r' �J WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchu hg com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, d1ut NO.: �� — �g'�' -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER—CAMP HILL c 46 Erford Road Fi i Camp Hill, Pennsylvania 17011 and o Y GPH CAMP HILL III,LP - 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and �. GGNSC CAMP HILL III GP, LLC " 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 - ' and GGNSC CLINICAL SERVICES,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER,NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: GGNSC CAMP HILL III GP, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division t x �. Date: .y K• m .. ••tom.. Y . t ii WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1, 601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchu h� Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY,PA Culpeper, Virginia 22701 CIVIL DIVISIONgr�►ry Plaintiff, �ll�c (� NO.. — -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a - a 1= _-j GOLDEN LIVING CENTER–CAMP z rn ;�fi z -4 HILL co 46 Erford Road r-n ` ' C' ' Camp Hill, Pennsylvania 17011E5 and =C:' E5 CD E5 `r3 GPH CAMP HILL III,LP 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 r t and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: GGNSC EQUALITY HOLDINGS, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. ' r Prothonotary/Clerk, Civil ivision i WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchu h com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, ry Lc7�p�-vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 , and ' GGNSC CAMP HILL III, LP d/b/a , CZ) GOLDEN LIVING CENTER—CAMP z� HILL C 46 Erford Road r _C:) Camp Hill, Pennsylvania 17011 o and GPH CAMP HILL III,LP --- 7160 Dallas Parkway, Suite 400 s; Plano, Texas 75024 and GGNSC CAMP HILL III GP,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 ' and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER,NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: GGNSC EQUALITY HOLDINGS II, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. 71)j� '. i - ]� i ► Prothonotary/Clerk, Civil Division Date: - f � r WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchu h com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY,PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, NO.: T" �] I -vs- GOLDEN GATE NATIONAL SENIOR CARE,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 c') N , and C: GGNSC CAMP HILL III, LP d/b/a y� -n. GOLDEN LIVING CENTER-CAMP z::o -.< - �'- HILL x 46 Erford Road <C� Camp Hill, Pennsylvania 17011 and = CD GPH CAMP HILL III,LP —t ro =`f 7160 Dallas Parkway, Suite 400 -f Plano, Texas 75024 and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY,RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER,NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: GGNSC ADMINISTRATIVE SERVICES, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: " WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovkwilkesmchu hg com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY,PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, NO.: /�/ —• l.!CSC / -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a r° c z GOLDEN LIVING CENTER–CAMP Z:::o --r - HILL 46 Erford Road Camp Hill, Pennsylvania 17011 X� } and 5;c GPH CAMP HILL III,LP 7160 Dallas Parkway, Suite 400 4 a �' Plano, Texas 75024 and GGNSC CAMP HILL III GP,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY,RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: GGNSC CLINICAL SERVICES, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division a Date: �• .K s WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchu hg_com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, NO.. 141 —o27 77 �lCJc G 4 / -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 �.., Plano, Texas 75024 and x' , GGNSC CAMP HILL III, LP d/b/a , ,,r GOLDEN LIVING CENTER–CAMP �y CD' HILL r 46 Erford Road Camp Hill, Pennsylvania 17011 c ES and ry GPH CAMP HILL III,LP 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III GP,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY,RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: GGNSC HOLDINGS, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: L. . WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorov(a wilkesmchu hg com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY, PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 c and rn M-- GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER—CAMP HILL y. ' 3M* o_ 46 Erford Road Camp Hill, Pennsylvania 17011 and GPH CAMP HILL III,LP 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 Aand GGNSC CLINICAL SERVICES,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY,RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: GOLDEN GATE ANCILLARY, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: i , WILKES & McHUGH, P.A. THIS IS NOT AN ABRITRATION By: Andrei Govorov, Esquire CASE. ASSESSMENT OF DAMAGES Attorney Identification No. 209365 IS REQUIRED; JURY TRIAL DEMANDED. 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Counsel for Plaintiff, Loretta E. Lewis, Email: agovorovgwilkesmchu hg_com Attorney-in-Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney-in-Fact COURT OF COMMON PLEAS for HAZEL E. LEWIS 629 Fourth Street CUMBERLAND COUNTY,PA Culpeper, Virginia 22701 CIVIL DIVISION Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a � GOLDEN LIVING CENTER—CAMP HILL i� 46 Erford Road -tet> c Camp Hill, Pennsylvania 17011 > � -• a and C' GPH CAMP HILL III,LP 7160 Dallas Parkway, Suite 400 .-f N) Plano, Texas 75024 and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS II,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 . and GGNSC CLINICAL SERVICES,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS,LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and DENISE CURRY, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 and NICHOLAS MAHLER, NHA 17 Magnolia Drive Elizabethtown, Pennsylvania 17022 Defendants. WRIT OF SUMMONS TO: DENISE CURRY, RVP YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: _ B f S !L✓'. �. i, JIM 23 PN 12: 34 CUMBERLAND CCUNT`r PENNSYLVANIA FOX ROTHSCHILD LLP BY: Jacqueline M. Carolan,Esquire IDENTIFICATION NO. 52576 ATTORNEYS FOR DEFENDANTS, 2000 MARKET STREET,TWENTIETH FLOOR GGNSC Camp Hill III GP, LLC; PHILADELPHIA,PA 19103-3222 GGNSC Equity Holdings, LLC; (215)299-2000 GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC;Golden Gate Ancillary, LLC;GPH Camp Hill Ill, LLC; and Denise Curry LORETTA E. LEWIS, as Attorney-in-Fact for : COURT OF COMMON PLEAS HAZEL E. LEWIS, : CUMBERLAND COUNTY, PA Plaintiff, : : CIVIL DIVISION v. : NO. 14-2977 GOLDEN GATE NATIONAL SENIOR CARE, LLC, GGNSC CAMP HILL III, LP • d/b/a GOLDEN LIVING CENTER—CAMP : HILL, GPH CAMP HILL III, LP, GGNSC CAMP HILL III GP, LLC, • • GGNSC EQUITY HOLDINGS, LLC, • GGNSC EQUITY HOLDINGS II, LLC, • GGNSC ADMINISTRATIVE SERVICES, • LLC, GGNSC CLINICAL SERVICES, LLC, : GGNSC HOLDINGS, LLC, GOLDEN GATE : ANCILLARY, LLC, DENISE CURRY, RVP, . and NICHOLAS MAHLER,NHA, Defendants. : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of GGNSC Camp Hill III, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC: GGNSC Holdings, LLC: Golden Gate Ancillary, LLC, GPH Camp Hill III, LLC; and Denise Curry RVP, defendants in the above-captioned matter. i ikCQ ELINE M. CAROLAN, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103 (215) 299-2863 Attorneys for the Defendants, GGNSC Camp Hill III, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC: GGNSC Holdings, LLC: Golden Gate Ancillary, LLC, GPH Camp Hill III, LLC; and Denise Curry RVP Dated: June 19, 2014 FOX ROTHSCHILD LLP BY: Jacqueline M.Carolan,Esquire IDENTIFICATION NO. 52576 ATTORNEYS FOR DEFENDANTS, 2000 MARKET STREET,TWENTIETH FLOOR GGNSC Camp Hill III GP, LLC; PHILADELPHIA, PA 19103-3222 GGNSC Equity Holdings, LLC; (215)299-2000 GGNSC Equity Holdings 11, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services,LLC; GGNSC Holdings, LLC;Golden Gate Ancillary, LLC;GPH Camp Hill III, LLC; and Denise Curry LORETTA E. LEWIS, as Attorney-in-Fact for : COURT OF COMMON PLEAS HAZEL E. LEWIS, : CUMBERLAND COUNTY, PA Plaintiff, : : CIVIL DIVISION v. : NO. 14-2977 GOLDEN GATE NATIONAL SENIOR CARE, LLC, GGNSC CAMP HILL III, LP • d/b/a GOLDEN LIVING CENTER—CAMP : HILL, GPH CAMP HILL III, LP, GGNSC CAMP HILL III GP, LLC, • GGNSC EQUITY HOLDINGS, LLC, • GGNSC EQUITY HOLDINGS II, LLC, • GGNSC ADMINISTRATIVE SERVICES, • LLC, GGNSC CLINICAL SERVICES, LLC, : GGNSC HOLDINGS, LLC, GOLDEN GATE : ANCILLARY, LLC, DENISE CURRY, RVP, : and NICHOLAS MAHLER, NHA, Defendants. : CERTIFICATE OF SERVICE I, Jacqueline M. Carolan, Esquire, hereby certify that on this 19th day of June 2014 I have served a true and correct copy of the foregoing Entry of Appearance via First Class mail upon: Andrei Govorov, Esquire Wilkes & McHugh, PA 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Attorney for Plaintiff Loretta E. Lewis, as Attorney-in-Fact for Hazel E. Lewis f/,cs . 0744 _ ineM. Carolan WILKES &McHUGH, P.A. Andrei Govorov, Esquire THIS IS NOT AN ARBITRATION CASE; Attorney Identification No. 209365 AN ASSESSMENT OF DAMAGES IS Three Parkway REQUIRED; JURY TRIAL DEMANDED 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Counsel for Plaintiff, Loretta E. Lewis, Tel No. (215) 972-0811 Attorney-in-Fact for Hazel E. Lewis Fax: (215) 972-0580 Email: agovorovkwilkesmchu he LORETTA E.LEWIS, as COURT OF COMMON PLEAS Attorney-in-Fact for HAZEL E. LEWIS CUMBERLAND COUNTY, PA Plaintiffs, vs. NO. 14-2977 Civil Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center—Camp Hill; GPH Camp Hill 1II, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings Il,LLC; c GGNSC Administrative Services LLC; GGNSC Clinical Services,LLC; GGNSC Holdings, LLC; v Golden Gate Ancillary, LLC; Denise Curry, RVP, and " -, Nicholas Mahler, NHA r , Defendants. = ' r� ACCEPTANCE OF SERVICE I, Jacqueline M. Carolan, Esquire, Attorney for Denise Curry, RVP, hereby accept service of the Writ of Summons as to Denise Curry, RVP, which was filed with the Cumberland County Court of Common Pleas on May 19, 2014 and I certify that I am authorized to do so. Date: `� w l ` ajAe M. Carolan, Esquire Attorney for Defendant, Denise Curry, RVP WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; GOLDEN GATE ANCILLARY, LLC; DENISE CURRY, RVP; and NICHOLAS MAHLER, NHA Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL DIVISION NO.: 14-2977 AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I hereby certify that I served Defendant, GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill with a Writ of Summons previously filed on May 19, 2014 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) Cumberland County Sheriff's Department, which was received as evidenced by a copy of the Order of Service attached hereto as Exhibit "A". I hereby certify that I served Defendant, Nicholas Mahler, NHA with a Writ of Summons previously filed on May 19, 2014 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) by deputized service to the Lancaster County Sheriffs Department, which was received as evidenced by a copy of the Order of Service attached hereto as Exhibit "B". I hereby certify that I served a true and correct copy of a Writ of Summons previously filed on May 19, 2014 with the Cumberland County Court of Common Pleas, which was received as evidenced by a copy of the Acceptance of Service attached hereto as Exhibit "C". Denise Curry, RVP 503 Vilsack Road Glenshaw, Pennsylvania 15116 I further hereby certify that I served a true and correct copy of a Writ of Summons previously filed on May 19, 2014 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via United States Postal Service, Certified Mail Return Receipt Requested on the following Defendants: Golden Gate National Senior Care, LLC 7160 Dallas Parkway, Suite 400 Plano, TC 75024 Return Receipt No. 7012 3460 0003 7679 3752, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "D". GPH Camp Hill III, LP 7160 Dallas Parkway, Suite 400 Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3769, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "E". GGNSC Camp Hill III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3776, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "F". GGNSC Equity Holdings, LLC 7160 Dallas Parkway, Suite 400 Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3783, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "G". GGNSC Equity Holdings II, LLC 7160 Dallas Parkway, Suite 400 Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3790, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "H". GGNSC Administrative Services, LLC 7160 Dallas Parkway, Suite 400 Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3806, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "I". GGNSC Clinical Services, LLC 7160 Dallas Parkway, Suite 400 Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3813, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "J". GGNSC Holdings, LLC 7160 Dallas Parkway, Suite 400 Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3820, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "K". Golden Gate Ancillary, LLC 7160 Dallas Parkway, Suite 400 • Plano, TX 75024 Return Receipt No. 7012 3460 0003 7679 3837, which was received as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "L". Dated: WILKES & McHUGH, P.A. Andrei Govorov, Esquire Attorney for Plaintiff EXHIBIT "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Loretta E Lewis vs. Golden Gate National Senior Care, LLC (et al.) Case Number 2014-2977 SHERIFF'S RETURN OF SERVICE 05/22/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Denise Curry, RVP, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Writ of Summons according to law. 05/22/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nicholas Mahler, NHA, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff.of Lancaster, Pennsylvania to serve the within Writ of Summons according to law. 05/29/2014 01:41 PM - The requested Writ of Summons served by the Sheriff of Lancaster County upon Barbara Murphy. Mother in law, who accepted for Nicholas Mahler, NHA, at 17 Magnolia Drive, Elizabethtown, PA 17022. Mark S. Reese; Sheriff, Return of Service attached to and made part of the within record. 05/30/2014 10:58 AM - Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be. Cindy Walk, Office Supervisor, who accepted as "Adult.Person in Charge" for GGNSC Camp Hill III LP d/b/a Golden. Living Center - Camp Hill at 46 Erford Road, East Pennsboro, Camp Hill, PA 1701 IrILLIAM CLINE, DEPUTY 06/23/2014 The Sheriff of Allegheny County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Denise Curry, RVP, but was unable to locate the Defendant in his bailiwick. The Allegheny County Sheriff therefore returns the within requested Writ of Summons as "Not Served" at 503 Vilsack Road, Glenshaw, PA 15116. SHERIFF COST: $78.00 SO ANSWERS, RONNY R ANDERSON, SHERIFF June 23, 2014 Mark S. Reese Sheriff Marc Lancaster Chief Deputy SHERIFF'S OFFICE OF LANCASTER COUNTY 0 Brad Harris Solicitor Charles Hamilton Lieutenant LORETTA E LEVVIS Case Number vs. NICHOLAS MAHLER, NHA 2014-2977 SHERIFF'S RETURN OF SERVICE 05/29/2014 01:41 PM - SERVED THE WRIT OF SUMMONS (WOSM) BY HANDING A COPY TO BARBARA MURPHY (MOTHER IN LAW), WHO ACCEPTED FOR NICHOLAS MAHLER, NHAAT 17 MAGNOLIA DRIVE, ELIZABETHTOWN, PA 17022. SO ANSWERS: DEPUTY KERRY GEIB, DEPUTY SHERIFF OF LANCASTER COUNTY, PA ACCEPTANCE OF SERVICE SIGNED AND COMPLETED. SHERIFF COST. $50.66 May 30, 2014 '".uir4PietIAltzKAFartlins??M;;'4:.twit.',.r,617„/Ma:Al'iMs&:Alga.-- ' • DATE CATEGORY MEMO 05/27/2014 Advance Fee 05/27/2014 Receiving, Docketing & Return 05/27/2014 Service 05/27/2014 Affidavit 05/27/2014 Deputy Time 05/29/2014 Service Mileage 05/30/2014 Refund KERRY'GEIE; DEPUTr.. SO ANSWERS, MARK S. REESE, SHERIFF "I+T.vv.-4*')ZI1144qk . -;rgatogal CHK # DEBIT CREDIT Advance Fee 674967 $0.00 $150.00 $9.00 $0.00 $9.00 $0.00 $2.50 $0.00 $10.00 $0.00 $20.16 $0.00 $99.34 $0.00 tiffAtt ..... . otney ES .&-AnCtlUGH NE- 1314Y (c) CountySuite Sheriff; Teleasoft, Inc BALANCE: $150.00 $150.00 $0.00 :11:300TAItn EXHIBIT "C" WILKES & McHUGH, P.A. Andrei Govorov, Esquire Attorney Identification No. 209365 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Tel No. (215) 972-0811 Fax: (215) 972-0580 Email: agovorov@wilkesmchugh.com 'MIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS : Plaintiffs, VS. Golden Gate National Senior Care, LLC; : GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; • GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; Golden Gate Ancillary, LLC; Denise Curry, RVP, and Nicholas Mahler, NHA Defendants. : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 14-2977 Civil 77, rn t:.73 ACCEPTANCE OF SERVICE I, Jacqueline M. Carolan, Esquire, Attorney for Denise Curry, RVP, hereby accept service of the Writ of Summons as to Denise Curry, RVP, which was filed with the Cumberland County Court of Common Pleas on May 19, 2014 and certify that I am authorized to do so. Date: Atto e M. Carolan, Esquire ey for Defendant, Denise Curry, RVP SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: CA0J-c. Cert( Cav,t- L.A-C ()cal ea,tc,,sicti, 24-. LJ(.) • —CX ±S0? -4 COMPLETE THIS SECTION ON DELIVERY ythecgived by (Printed Fame) g/r 0 Addressee , • C,_fgate of Delivery 11( D. Is delivery address different from item 1? — es If YES, enter delivery address below; 0 No 3. Servirype E-6ertifled Mall° 0 Priority Mail Express 0 Registered 0 Return Receipt for Merchandise o Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ; 7012 34.60. 0003.7679 3752: (Transfer from service _ • • PS P&p fp,811i July 201i3 DTrestic Return Receipt EXHIB SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE •THIS SECTION ON DELIVERY.. A. Signat X 1. Article Addressed to: 641-4 i r i, (400 IPtcww, t. >C -q-502 Agent 0 Addressee .ate of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Serroi.5.9.,TIpe entified Mail® ❑ Registered ❑ Insured Mail ❑ Priority Mail Express"" ❑ Retum Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) 2. Article Number (rransferfrorom service label) 701,2.3460.0003 7679 3769 0 Yes PS For 3811, 4u1142b13 11111 Domestic Return Receipt EXHIBIT "E" SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: NISCCx LL m60 Pc.ikc, S. 400 P(.0.1,0 , COMPLETE THIS SECTION ON DELIVERY A. Signa X gent "11-----P/0%— 0 Addressee B.Received by (Printed Name Vate of Deily ry yit D. Is delivery address different from item 1? 0 -Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Registered 0 Insured Mail D Priority Mail Express" O Return Receipt for Merchandise 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransferYrefm seritke labW : 70123460A3012.7679 3776, 1 i=?S Piortri 3f31,1„puije 2013 nomestic Return Receipt EXHIBIT "F" SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. in Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: &GIIJStr -Th-S02-4 COMPLETE THIS SECTION ON DELIVERY A. Signature X /'0 Agent 0 Addressee Date of Delivery 2 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Servic ype edified Maiie 0 Priority Mail Express" 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number , (Transfer from seNlce`labeO 7012, .3460 0003. 767,9 3783 lqs Fprni, 3811R,tJuty IDdmerstic Return Receipt EXHIBIT "G" SEN DER: COMPLETE THIS SECTION II Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: €cuvok3 1-10 t -t -C '4--‘ 00.ti_cs 40D 0a..„, (13( '302.1/4-A COMPLETE THIS SECTION ON DELIVERY A. Si X na B. Deceived by (Printed Name) 14-01,/ D. Is delivery address different from item If YES, enter delivery address below: .e.gent 0 Addressee Date of Delivery --274 ? 0 Yes 0 No 3. Serv19,eType B<ertified Mail's' 0 Priority Mail Express'" 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? ra Fee) 0 Yes 2. Article Npmbet: , (Transfer from service label) 3460 pcm 7679 379P IPS Form 3811,1 f; ,J,ly 2013 11111 Don!iestic Return Receipt EXHIBIT "H" SENDER i COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: CnC,,fJC. LA -c Tht 6 o Pattc,s 54-24° e(c4,-) 1-507-4 COMPLETE THIS SECTION ON DELIVERY • A. Signatu, X Received by tinted Name) 12//1— 4.)4 .2<gent 0 Addressee ate of De ive D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No . Service ype -ftifir ed Ma 0 Registered 0 Insured Mail 0Priority Mail Express- o Return Receipt for Merchandise 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article ilumber (Transfer from service labeO .70.12H346-0 ao,oq 7679 3806 • rs'Fiorm 318,11 July 20113,i Retum Receipt 11 EXHIBIT "I" SENDER: COMPLETE TI -IIS SECTION ▪ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. 01 Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 6:c f' q-k()0.NWN-4 ce.S L -LC quo 1-soz4 COMPLETE THIS SECTION ON DELIVERY A. Signatu X prAgent 0 Addressee C. IDate of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No . Servje1ype dified Mail 0 Registered 0 Insured Mail 0 Priority Mall Express' o Retum Receipt for Merchandise 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number H7,012:3613 '7679138,1. (Transferfrom service labeb I . • 1 F ; • s r :1PS Form 3811, July:2013 • i Domestic Return Receipt 111 1 1 11 11 1 111111 1111 EXHIBIT "J" SENDER: COMPLETE. THIS EECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: G►G Is -CC qutolitfrns , Li. C 5U, 4v� Q�o•Y.vj -(k --4_502.,1 COMPLETE THIS SECTION ON DELIVERY • A. Signature X B.-eceived by (P1r/iinte Name) Air diver v'`4./Q&a� Agent 0 Addressee . Fate of Delive D. Is delivery address different from item 1? 0 es If YES, enter delivery address below: 0 No 3. Service ype entified Mail° 0 Priority Mail Express'" ❑ Registered 0 Retum Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number } t I a (Transfer from seryrce label) 7012 ;34;60. 0003 7679.3820: PS ro'rm 38111;, July, ?913 1 ` Dome'sfic Return Receipt EXHIBIT "K" SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 6.0W-eA, 61.2J -e— A-,-,c4't ar u�c -1-1. 6 Vcatas 0 , -11( I-- So2M COMPLETE THIS SECTION ON DELIVERY .' A. Signa x�� C J gent 0 Addressee ate of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type P.M -riffled Maim ❑ Registered ❑ Insured Mail ❑ Priority Mail Express' ❑ Retum Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transferifrom service label) .7012.3460: 000:3 7679; 3:83?: PS Form 3811; July 2013 • � 1 1 11 Hi 1 Iti i , Domestic Return Receipt EXHIBIT "L" LORETTA E. LEWIS, as Attorney -in -Fact : COURT OF COMMON PLEAS for HAZEL E. LEWIS, : CUMBERLAND COUNTY, PA Plaintiff, : CIVIL DIVISION v. NO. 14-2977 GOLDEN GATE NATIONAL SENIOR CARE, LLC, GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER - CAMP HILL, GPH CAMP HILL III, LP, GGNSC CAMP HILL III GP, LLC, GGNSC EQUITY HOLDINGS, LLC, GGNSC EQUITY HOLDINGS II, LLC, GGNSC ADMINISTRATIVE SERVICES, LLC, GGNSC CLINICAL SERVICES, LLC, GGNSC HOLDINGS, LLC, GOLDEN GATE ANCILLARY, LLC, DENISE CURRY, RVP, and NICHOLAS MAHLER, NHA, Defendants. STIPULATION It is hereby stipulated and agreed by the undersigned counsel that defendants, Denise Curry, RVP and Nicholas Mahler, NHA, are hereby dismissed, without prejudice, from the above -captioned matter 41" WILLIAM P. MU t fir. , III, ESQUIRE WILKES & McH , P.A. Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Attorneys for Plaintiff, Loretta E. Lewis, as Attorney -in -Fact for Hazel E. Lewis Dated: JulyJ/, 2014 -ca N c.Fr r— : -j C. LINE M. CAROLAN, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103 Attorneys for the Defendants, GGNSC Camp Hill III, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC: GGNSC Holdings, LLC: Golden Gate Ancillary, LLC, GPH Camp Hill III, LLC; and Denise Curry RVP APPROVED BY J. o»A s`t.solc‘ Q , `iasa0 WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov c ,wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 COMPLAINT IN CIVIL ACTION 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 in Civil Action and Notice to Defend are served, by entering a written appearance personally or by attorney and filing 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE THE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street I Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 1 Fax: 717-249-2663 2 WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorovc wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS 629 Fourth Street Culpeper, Virginia 22701 Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL 46 Erford Road Camp Hill, Pennsylvania 17011 and GPH CAMP HILL III, LP 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and CIVIL DIVISION NO.: 14-2977 GGNSC EQUITY HOLDINGS II, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 Defendants. COMPLAINT IN CIVIL ACTION (The Complaint Includes a Medical Professional Liability Action) Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis, by and through undersigned counsel, Wilkes & McHugh, P.A., files the instant Complaint in Civil Action, and in support thereof avers the following: I. PARTIES A. Plaintiff 1. Hazel E. Lewis, an adult individual, was a resident at the skilled nursing facility commonly known as Golden Living Center - Camp Hill (hereinafter "the Facility") for a period of time that ended on November 16, 2012. 2. Loretta E. Lewis, daughter of Hazel E. Lewis, is an adult individual and citizen of the Commonwealth of Virginia, residing at 629 Fourth Street, Culpeper, Virginia 22701. 2 3. Loretta E. Lewis is the duly authorized Attorney -in -Fact for Hazel E. Lewis. B. Defendants, Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 4. Defendant, Golden Gate National Senior Care, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 5. Defendant, Golden Gate National Senior Care, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 6. Defendant, GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Pennsylvania, with offices and a place of business located at 46 Erford Road, Camp Hill, Pennsylvania 17011. 3 7. Defendant, GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 8. Defendant, GPH Camp Hill III, LP, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 9. Defendant, GPH Camp Hill III, LP, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted 4 privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 10. Defendant, GGNSC Camp Hill III GP, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 11. Defendant, GGNSC Camp Hill III GP, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 12. Defendant, GGNSC Equity Holdings, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 5 13. Defendant, GGNSC Equity Holdings, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 14. Defendant, GGNSC Equity Holdings II, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 15. Defendant, GGNSC Equity Holdings II, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and 6 practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 16. Defendant, GGNSC Administrative Services, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 17. Defendant, GGNSC Administrative Services, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 18. Defendant, GGNSC Clinical Services, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 7 19. Defendant, GGNSC Clinical Services, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 20. Defendant, GGNSC Holdings, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 21. Defendant, GGNSC Holdings, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and 8 practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 22. Defendant, Golden Gate Ancillary, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 23. Defendant, Golden Gate Ancillary, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 24. At all times material hereto, Defendants individually and collectively owed duties, some of which were non -delegable, to the residents of the Facility, including to Hazel E. Lewis, such duties being conferred by statute, existing at common law, and/or being voluntarily assumed by each Defendant. 9 25. At all times material hereto, Defendants individually and collectively, and/or through a joint venture, owned, operated, managed and controlled the Facility, and are individually and collectively engaged in the business of providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care services to the general public. II. JURISDICTION AND VENUE 26. Jurisdiction and venue are proper in this Honorable Court in so far as Defendants regularly conduct business in Cumberland County, Pennsylvania and this cause of action arose, at least in part, in this county and/or this action is being brought in any county in which venue may be laid against any Defendant. See Pa. R.C.P. 1006(a.1) and 2179. III. FACTUAL BACKGROUND A. Conduct of the Defendants 27. Prior to her discharge on November 16, 2012, Hazel E. Lewis was a resident of the Defendants' facility.' 28. Hazel E. Lewis was incapable of independently providing for all of her daily care and personal needs without reliable assistance. In exchange for financial consideration, she was admitted to Defendants' Facility to obtain such care and protection. 29. The Defendants, through advertising, marketing campaigns, promotional materials and information sheets, held out themselves and the Facility as being able to provide medical, skilled nursing, rehabilitation, therapy and custodial care services to elderly and frail individuals, including Hazel E. Lewis. 30. Defendants assumed responsibility for Hazel E. Lewis's total healthcare, including the provision of nutrition, hydration, activities of daily living, medical, skilled nursing, Plaintiff is not bringing any claims pursuant to 62 P.S. §1407(c) and nothing in the Complaint in Civil Action should be interpreted as an attempt to recover damages pursuant to that Statute. 10 rehabilitation, and therapy. 31. Defendants further assumed responsibility to provide Hazel E. Lewis with ordinary custodial and hygiene services. 32. Defendants exercised complete and total control over the healthcare of all residents of the Facility, including Hazel E. Lewis. 33. Defendants were vertically integrated organizations that were controlled by their respective members, managers and/or boards of directors, who were responsible for the operation, planning, management and quality control of the Facility. 34. The control exercised over the Facility by the Defendants included, inter alia: cash management; cost control; setting staffing levels; budgeting; marketing; maintaining and increasing census; supervision of the Facility administrator and director of nursing; supervision and oversight of the staff; development and implementation of nursing staff in -services; development and implementation of all pertinent policy and procedures; monitoring customer satisfaction; performing mock surveys; risk management; corporate and regulatory compliance; quality of care assessment; licensure and certification; controlling accounts payable and receivable; development and implementation of reimbursement strategies; retaining contract management, physician, therapy and dietary services; dictating census and payor source quotas for admissions to the facility; and employing the Facility -level, regional and corporate staff who together operated the Facility. 35. Defendants, by and through their respective members, managers, board of directors and corporate officers, utilized survey results and various other reports, including quality indicators, to monitor the care being provided at their nursing homes, including the Facility. 11 36. Defendants exercised ultimate authority over all budgets and had final approval over the allocation of resources for staffing, supplies, and operations of their nursing homes including the Facility. 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 the Facility, including Hazel E. Lewis, with respect to the recognition and/or treatment of medical conditions, such as those experienced by Hazel E. Lewis, so as to ensure that timely and appropriate care was provided for such conditions whether within the Facility, or obtained from other medical providers. 38. Defendants, acting through their administrators, members, managers, board of directors and corporate officers, were responsible for supervising the standard of professional practice by the members of their staff at the Facility, including regarding the conduct at issue herein. 39. Defendants had an obligation to employ competent, qualified and trained staff so as to ensure that proper care, treatment and services were rendered to individuals having medical, nursing and/or custodial needs, such as those presented by Hazel E. Lewis as set forth herein. 40. As a part of their duties and responsibilities, Defendants had an obligation to maintain and manage the Facility with adequate staff and sufficient resources to ensure the timely recognition and appropriate treatment of the medical, nursing and/or custodial needs of the residents, such as Hazel E. Lewis, whether within the Facility, or obtained from other medical care providers. 41. Defendants made a conscious decision to operate and/or manage the Facility so as to maximize profits at the expense of the care required to be provided to their residents, 12 including Hazel E. Lewis. 42. In their efforts to maximize profits, Defendants negligently, intentionally and/or recklessly mismanaged and/or reduced staffing levels below the level necessary to provide adequate care to the residents. 43. Despite their knowledge of the likelihood of harm due to insufficient staffing levels, and despite complaints from staff members about insufficient staffing levels, Defendants recklessly and/or negligently disregarded the consequences of their actions, and/or negligently caused staffing levels at the Facility to be set at a level such that the personnel on duty could not and did not meet the needs of the Facility's residents, including Hazel E. Lewis. 44. Defendants intentionally increased the number of sick, elderly and frail residents with greater health problems requiring more complex medical care. 45. Defendants knew that this increase in the acuity care levels of the resident population would substantially increase the need for staff, services, and supplies necessary for the new resident population. 46. Defendants knew, or should have known, that the acuity needs of the residents in their nursing homes increased and, therefore, the required resources also increased, including the need for additional nursing staff in order to meet the needs of the residents, including Hazel E. Lewis. 47. Defendants failed to provide the resources necessary, including sufficient staff, to meet the needs of the residents, including Hazel E. Lewis. 48. Defendants knowingly established staffing levels that created recklessly high resident to staff ratios, including high resident to nurse ratios and high resident to nurse aide ratios. 13 49. 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. 50. The acts and omissions of the Defendants were motivated by a desire to increase the profits of the nursing homes they own, including the Facility, by knowingly, recklessly, and with total disregard for the health and safety of the residents, reducing expenditures for needed staffing, training, supervision, and care to levels that would inevitably lead to severe injuries, such as those suffered by Hazel E. Lewis. 51. The actions of the Defendants were designed to increase reimbursements by governmental programs, which, upon information and belief, are the primary source of income for the Facility. 52. The aforementioned acts directly caused injury to Hazel E. Lewis and were known by the Defendants. 53. Defendants knowingly sacrificed the quality of care received by all residents, including Hazel E. Lewis, by failing to manage, care, monitor, document, chart, prevent, diagnose and/or treat the injuries and illnesses suffered by Hazel E. Lewis, as described herein, which included a fall, urinary tract infections, poor hygiene, and severe pain. 54. At the time and place of the incidents hereinafter described, the Facility whereupon the incidents occurred was individually, collectively, and/or through a joint venture, owned, possessed, controlled, managed, operated and maintained under the exclusive control of the Defendants. 55. At all times material hereto, the Defendants were operating personally or through their agents, servants, workers, employees, contractors, subcontractors, staff, and/or principals, 14 who acted with actual, apparent and/or ostensible authority, and all of whom were acting within the course and scope of their employment and under the direct and exclusive control of the Defendants. 56. The aforementioned incidents 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 failure to act on the part of Hazel E. Lewis. 57. Defendants, their agents, servants, contractors, subcontractors, staff and/or employees are/were, at all times material hereto, licensed professionals/professional corporations and/or businesses and the Plaintiff is asserting professional liability claims against them. 58. In addition to all other claims and demands for damages set forth herein, Plaintiff is asserting claims for ordinary negligence, custodial neglect and corporate negligence against the Defendants herein, as each of the entities named as Defendants herein are directly and vicariously liable for their independent acts of negligence, for their acts of general negligence, and for their acts of general corporate negligence. B. Injuries to Hazel E. Lewis at the Facility 59. Upon admission to the Facility and during the relevant time period, Hazel E. Lewis was dependent upon the staff for her physical, mental, psycho-social, medical, nursing and custodial needs, requiring total assistance with activities of daily living, and she had various illnesses and conditions that required evaluation and treatment. 60. Hazel E. Lewis was at risk for future illnesses and injuries, including, falls, infection, and severe pain. 61. Defendants engaged in a pattern of care replete with harmful and injurious 15 commissions, omissions and neglect as described herein. 62. Defendants deprived Hazel E. Lewis of adequate care, treatment, food, water and medicine and caused her to suffer numerous illnesses and injuries, which included a fall, urinary tract infections, poor hygiene, and severe pain. 63. The severity of the negligence inflicted upon Hazel E. Lewis by the Defendants, accelerated the deterioration of her health and physical condition, and resulted in physical and emotional injuries that caused her severe pain, suffering and mental anguish, together with unnecessary hospitalizations. 64. These injuries, as well as the conduct specified herein, caused Hazel E. Lewis to suffer a loss of personal dignity, together with degradation, anguish and emotional trauma. 65. Upon admission to Facility, Ms. Lewis had a history of falls, and was at risk for falls with bilateral lower extremity weakness. 66. On August 1, 2012 she suffered a urinary tract infection positive for Citrobacter koseri. 67. Her urine on August 17, 2012 grew Klebsiella pneumoniae. 68. On October 21, 2012 she was lowered to the floor by a CNA when her knees weakened while ambulating with walker. 69. Ms. Lewis was discharged on November 16, 2012. 70. Defendants accepted Hazel E. Lewis as a resident fully aware of her medical history and understood the level of nursing care she required. 71. Hazel E. Lewis's chart includes and evidences missing and incomplete documentation. 72. The severity of the negligence inflicted upon Hazel E. Lewis by the Defendants' 16 mismanagement, improper/under-budgeting, understaffing of the Facility and lack of training or supervision of the Facility's employees, failure to provide adequate and appropriate health care; engaging in incomplete, inconsistent and fraudulent documentation; failure to develop an appropriate care plan; failure to ensure the highest level of physical, mental and psychosocial functioning was attained; failure to provide proper medication; and failure to provide sufficient food and water, causing Hazel E. Lewis to suffer a fall, urinary tract infections, poor hygiene, and severe pain. 73. As a result of the negligence, carelessness and recklessness of the Defendants herein described, Hazel E. Lewis was caused to suffer serious and permanent injuries as described herein, to, in and about her body and possible aggravation and/or activation of any pre- existing conditions, illnesses, ailments, or diseases she had, and/or the accelerated deterioration of her health, physical and mental condition, and a loss of the ordinary pleasures of life, a loss of dignity, humiliation, and more particularly, a fall, urinary tract infections, poor hygiene, and severe pain, along with other body pain and damage, as well as anxiety, reaction and injury to her nerves and nervous system, some or all of which were permanent, together with other medical complications. IV. COUNT ONE Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis v. Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 74. Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 17 75. Upon accepting Hazel E. Lewis as a resident at the Facility, Defendants individually and jointly assumed direct, non-delegable duties to Hazel E. Lewis to provide her with adequate and appropriate healthcare, as well as basic custodial and hygiene services, as set forth herein. 76. If Defendants were unable or unwilling to meet the needs of Hazel E. Lewis, they had an affirmative duty and legal obligation to discharge Hazel E. Lewis from the Facility. 77. Defendants had the ultimate responsibility of ensuring that the rights of the residents, including Hazel E. Lewis, were protected. 78. Defendants owed a non-delegable duty to provide adequate and appropriate medical, skilled nursing, rehabilitation, therapy and custodial care services and supervision to Hazel E. Lewis and other residents, such as reasonable caregivers would provide under similar circumstances. 79. Defendants each owed a non-delegable duty to the Facility's residents, including Hazel E. Lewis, to hire, train, and supervise their employees so as to ensure that the Facility was operated and services were provided to Defendants' residents in a safe and reasonable manner. 80. Defendants, by and through their agents, employees, and/or servants each owed a duty of care to Hazel E. Lewis to exercise the appropriate skill and care of licensed physicians, nurses, nurse aides, directors of nursing, and/or nursing home administrators. 81. Defendants each owed a duty and responsibility to furnish Hazel E. Lewis with appropriate and competent medical, skilled nursing, rehabilitation, therapy and custodial care services. 82. Defendants each owed and failed to fulfill the following duties to Hazel E. Lewis: the duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; 18 to select, train and retain only competent staff; to oversee and supervise all persons who practiced nursing, medical and/or skilled healthcare within the Facility; to staff the facility with personnel sufficient both in number and in training to provide the care and services required by the Facility's residents; to ensure that the Facility's residents were treated with dignity and respect; to maintain sufficient funding, staffing and resources for the Facility so that its residents were provided with the care and services they required; to formulate, adopt, and enforce rules, procedures and policies to ensure quality care and healthcare for all residents, and to update the same as required by the applicable standards of care; to take adequate measures to rectify known problems in the delivery of hygiene and custodial services as well as in the delivery of medical, skilled nursing, rehabilitation, and therapy care; to warn residents, their family and/or representatives of the Defendants' inability to provide adequate care and services when Defendants knew or should have known of their deficiencies in providing such care and services; to refuse admission to residents to whom they knew or should have known they could not provide reasonable care and services; to not admit more residents than to whom Defendants could safely provide adequate care and services; to keep the Facility's residents free from physical and mental abuse and neglect; to provide a safe, decent and clean living environment for the Facility's residents; and to assist the residents in retaining and exercising all of the Constitutional, civil and legal rights to which they are entitled as citizens of the United States and of the Commonwealth of Pennsylvania. 83. In addition to the direct acts and omissions of the corporate Defendants, the Defendants also acted through their agents, servants and employees, who were in turn acting within the course and scope of their employment under the direct supervision and control of the Defendants. 19 84. Defendants each authored, produced and/or received frequent reports detailing the number and types of injuries, illnesses, and infections sustained by Hazel E. Lewis and the residents in the Facility. 85. Despite being made aware of the types and frequency of injuries, illnesses, and/or infections, many of which were preventable, sustained by the residents of the Facility, including those suffered by Hazel E. Lewis, Defendants failed to take steps to prevent the occurrence of said injuries, illnesses, and/or infections. 86. The Defendants knew, or should have known, of the aforementioned problems that were occurring with the care of Hazel E. Lewis, as they were placed on actual and/or constructive notice of said problems, through Defendants' own reports and through governmental/state surveys. 87. Defendants, as the corporate members, managers, owners, and/or directors of the Facility, breached their duties and were, therefore, negligent, careless and reckless in their obligations to Hazel E. Lewis. 88. The corporate conduct of the Defendants was independent of the negligent conduct of the employees of the Facility, and was outrageous, willful, and wanton, and exhibited a reckless indifference to the health and well-being of the residents, including Hazel E. Lewis. 89. The breaches of duties, general negligence, professional negligence, corporate negligence, carelessness and recklessness of the Defendants, individually, vicariously and/or acting by and through their officers, directors, members, managers, physicians, physicians' assistants, nurses, nurses aides, regional and corporate staff who examined, treated and/or communicated the condition of Hazel E. Lewis, and through the administrative personnel responsible for hiring, retaining and/or dismissing staff, staff supervision and policy-making and 20 enforcement, as well as any agents, servants, employees, contractors, subcontractors and/or consultants of the Defendants were exhibited in the following acts and omissions in the care and treatment of Hazel E. Lewis: a. failure to hire, utilize, train and retain sufficient staff to meet the residents' needs, including those of Hazel E. Lewis, which caused Hazel E. Lewis to suffer a fall, urinary tract infections, poor hygiene, and severe pain; b. failure to provide adequate hygiene to prevent infection, to keep Hazel E. Lewis clean and to preserve her dignity; c. failure to keep Hazel E. Lewis free from falls and accidents; d. failure to provide Hazel E. Lewis with adequate supervision and assistive devices to prevent falls and accidents; e. failure to develop, implement and administer to Hazel E. Lewis appropriate infection control policies, procedures and techniques; f. failure to ensure that Hazel E. Lewis did not needlessly suffer from preventable and treatable pain; g. failure to ensure that Hazel E. Lewis received her physician -ordered medications in accordance with her physicians' orders; h. failure to ensure that Hazel E. Lewis received her physician -ordered treatments in accordance with her physicians' orders; J. failure to timely and appropriately notify Hazel E. Lewis's physician(s) and consulting specialists when she experienced significant changes in her condition, contributing to Hazel E. Lewis's injuries and illnesses, including a fall, urinary tract infections, poor hygiene, and severe pain; failure to obtain new or modified physician orders when Hazel E. Lewis's changes in condition required the same; k. failure to timely and appropriately notify Hazel E. Lewis's family and personal representatives when she experienced significant changes in her condition, contributing to Hazel E. Lewis's injuries and illnesses, including a fall, urinary tract infections, poor hygiene, and severe pain; 1. failure to accurately and consistently document Hazel E. Lewis's needs and the care and services provided to her in response to such needs; 21 m. failure to prevent fraudulent documentation and allowing the Defendants' staff to chart that they provided care to Hazel E. Lewis on non-existent days, on days when the charting staff member was not actually at work, and/or on days when Hazel E. Lewis was not even in Defendants' Facility; n. failure to ensure that Hazel E. Lewis did not develop serious and permanent injuries to, in and about her body and possible aggravation and/or activation of any pre-existing conditions, illnesses, ailments, or diseases she had, and/or accelerated the deterioration of her health, physical and mental condition, and more particularly, when she suffered a fall, urinary tract infections, poor hygiene, and severe pain; o. failure to respond in a timely manner with appropriate medical, nursing and custodial care when Hazel E. Lewis was injured, including when she experienced a fall, urinary tract infections, poor hygiene, and severe pain, when Defendants knew or should have known that Hazel E. Lewis was at risk for the same; p• q. failure to ensure that each resident, including Hazel E. Lewis, received, and that the Facility provided, the necessary care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being, in accordance with the comprehensive assessment and plan of care; failure to ensure that the Defendants used the results of its assessments to develop, review and revise Hazel E. Lewis's comprehensive plan of care, r. failure to develop, implement and administer to Hazel E. Lewis an appropriate, comprehensive and individualized care plan that included measurable objectives and timetables to meet her medical, nursing, custodial, mental and psychosocial needs that are identified in the comprehensive assessment, describing the services that were to be furnished to attain or maintain her highest practicable physical, mental, and psychosocial well-being, causing Hazel E. Lewis to suffer a fall, urinary tract infections, poor hygiene, and severe pain; s. failure to ensure that the Facility had sufficient nursing staff to provide nursing and custodial care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, including Hazel E. Lewis, as determined by the residents' assessments and individual plans of care, and the failure to provide services by sufficient number of each of the required types of personnel on a twenty-four hour basis to provide nursing care to all residents, including Hazel E. Lewis, in accordance with the residents' care plans; t. failure to administer the Facility in a manner that enabled it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; u. failure to ensure that the services provided or arranged by the Facility were 22 provided by qualified persons in accordance with each resident's written plan of care; v. failure to oversee and supervise all persons who practiced nursing and/or skilled healthcare in the Facility who failed to provide adequate and appropriate health care to prevent Hazel E. Lewis from suffering from a fall, urinary tract infections, poor hygiene, and severe pain; w. failure to formulate, adopt and enforce adequate rules, procedures and policies to prevent Hazel E. Lewis from suffering a fall, urinary tract infections, poor hygiene, and severe pain; x. failure to refer Hazel E. Lewis to the necessary medical specialists in a timely manner who would have properly diagnosed and/or treated her condition; y. failure to provide Hazel E. Lewis with the necessary care and services to allow her to attain or maintain the highest practicable physical, mental and psychological well-being; z. failure to implement a budget that properly funded the Facility and allowed the Facility to provide adequate and appropriate healthcare to Hazel E. Lewis, including adequate staff and supplies; aa. grossly understaffing the Facility; bb. failure to take appropriate steps to remedy continuing problems at the Facility that Defendants knew were occurring with Hazel E. Lewis's care, which included the need to increase the number of employees, hiring skilled and/or trained employees, adequately training the current employees, monitoring the conduct of the employees, and/or changing the current policies and procedures to improve resident care; cc. failure to maintain compliance with the governmental regulations to which Defendants' delivery of care is compared as part of the annual and complaint state survey process performed by the Pennsylvania Department of Health; and, dd. in committing the acts and omissions herein, acting in a grossly negligent manner, with reckless indifference to the rights and safety of Hazel E. Lewis. 90. Upon information and belief, Defendants' owners, officers, directors, partners, members and managers were made aware of governmental/state survey results and placed on notice of the status of their nursing homes, including the Facility. 91. Upon information and belief, the Defendants, including their owners, officers, 23 directors, partners, members, managers and employees, knew that they had been cited by governmental units regarding Golden Living Center - Camp Hill on September 17, 2009 for failure to serve food under sanitary conditions, failure to have a discharge summary and a physician order for discharge, failure to document the disposition of discontinued and unused medications; on March 3, 2010 for failure to ensure that the abuse policies and procedures were implemented, failure to ensure that required regulatory forms were accurately completed as required within the appropriate time -frames, failure to ensure that food was stored, distributed and served under sanitary conditions, failure to provide a safe, clean and homelike environment, failure to develop a comprehensive care plan to meet residents' medical, nursing, and mental and psychosocial needs, failure to ensure that the resident rooms remained as free of accident hazards as is possible; on April 11, 2011 for failure to ensure that nursing standards were met for transcription of physician's orders for medications, failure to maintain an infection control program designed to promote a safe, sanitary and comfortable environment to help prevent the development and transmission of disease and infection, failure to prepare, distribute and serve food under sanitary conditions, failure to ensure that the residents' environment remained free from accident hazards, failure to provide the necessary care and services as ordered by the physician, failure to consult with the physician regarding a change in condition; on March 8, 2012 for failure to ensure the facility was free of a medication error rate of 5% or greater, failure to prevent the spread of infection, failure to ensure personal privacy and confidentiality of residents' personal records, failure to promote care for residents in a manner and environment that maintains residents' dignity, failure to provide timely and necessary care and services; and on October 17, 2012 for failure to provide the necessary care and services as ordered by the physician. 24 92. As a direct and proximate result of the Defendants' acts and omissions, and their breach of the duty of care, negligence, carelessness and recklessness, Hazel E. Lewis suffered (a) severe permanent physical injuries resulting in pain, suffering, disfigurement, (b) mental anguish, embarrassment, humiliation, degradation, emotional distress, and loss of personal dignity, (c) loss of capacity for enjoyment of life, and (d) expense of otherwise unnecessary hospitalizations and medical care. 93. In causing the aforementioned injuries, the Defendants knew, or should have known, that Hazel E. Lewis would suffer such harm. 94. The conduct of the Defendants was intentional, outrageous, willful and wanton, and exhibited a reckless indifference to the health and well-being of Hazel E. Lewis. 95. The conduct of the Defendants was such that an award of punitive damages is justified. WHEREFORE, Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis, respectfully requests that judgment be entered in her favor, and against Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other relief that this Honorable Court deems appropriate given the circumstances. A jury trial is demanded. V. COUNT TWO NEGLIGENCE PER SE FOR VIOLATIONS OF NEGLECT OF A CARE -DEPENDENT PERSON, 18 Pa.C.S.A. § 2713 Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis v. Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings Il, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 25 96. Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 97. At all times pertinent hereto, there was in full force and effect 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person," which set forth penal consequences for neglect of a care - dependent person. 98. 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" expresses the fundamental public policy of the Commonwealth of Pennsylvania that elders, like children, 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. 99. At all times pertinent hereto, Hazel E. Lewis was a care dependent resident of the Defendants' Facility, Golden Living Center - Camp Hill, and thus fell within the class of persons 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" was intended to protect, thus entitling Plaintiff to adopt 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" as the standard of care for measuring the Defendants' conduct. 100. Additionally, 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" is directed, at least in part, to obviate the specific kind of harm which Hazel E. Lewis sustained. 101. The Defendants, in accepting the responsibility for caring for Hazel E. Lewis as aforesaid, were negligent "per se" and violated 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" in that they: a. failed to provide treatment, care, goods and services necessary to preserve the health, safety or welfare of Hazel E. Lewis for whom they were responsible to provide care as specifically set forth in this Complaint; 26 102. As a direct result of the aforesaid negligence "per se" of the Defendants, Hazel E. Lewis was caused to sustain serious personal injuries and damages as aforesaid. 103. The conduct of the Defendants, and each of them, as specifically set forth in this Complaint, was outrageous, inconsistent with and intolerable given the norms of modern society and as such, Plaintiff requests punitive damages in addition to all other damages as aforesaid. WHEREFORE, Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis, respectfully requests that judgment be entered in her favor, and against Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other relief that this Honorable Court deems appropriate given the circumstances. A jury trial is demanded. VI. COUNT THREE NEGLIGENCE PER SE FOR VIOLATIONS OF THE PENNSYLVANIA OLDER ADULTS PROTECTIVE SERVICES ACT, 35 P.S. §10225.101, et seq. Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis v. Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 104. Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 105. At all times pertinent hereto, there was in full force and effect 35 P.S. §10225.101, et seq., "Pennsylvania Older Adults Protective Services Act," which sets forth civil penalties, administrative penalties and other consequences for abuse of a care -dependent person. 106. 35 P.S. §10225.102, expresses the policy of the Commonwealth of Pennsylvania that: 27 ...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 while protecting them from abuse, neglect, exploitation and abandonment. It is the intent of the General 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. 107. At all times pertinent hereto, Hazel E. Lewis was an older person who was a resident of Defendants' Facility, Golden Living Center - Camp Hill, who lacked the capacity to protect herself and thus fell within the class of persons 35 P.S. § 10225.101, et seq. was intended to protect, thus entitling Plaintiff to adopt 35 P.S. §10225.101, et seq. as the standard of care for measuring the Defendants' conduct. 108. Additionally, the Pennsylvania Older Adults Protective Services Act is directed, at least in part, to obviate the specific kind of harm which Hazel E. Lewis sustained. 109. In addition to the aforesaid negligence, which said negligence is specifically incorporated herein, the Defendants, in accepting the responsibility for caring for Hazel E. Lewis as aforesaid, were negligent "per se" and violated 35 P.S. §10225.101, et seq. in that they had reasonable cause to suspect that Hazel E. Lewis was the victim of abuse or neglect and failed to report said abuse and neglect to the appropriate agency and law enforcement officials. 110. As a direct result of the aforesaid negligence "per se" of the Defendants, Hazel E. Lewis was caused to sustain serious personal injuries and damages as aforesaid. 111. The conduct of Defendants, and each of them, as specifically set forth in this Complaint, was outrageous, inconsistent with and intolerable given the norms of modern society and as such, Plaintiff requests punitive damages in addition to all other damages as aforesaid. 28 WHEREFORE, Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis, respectfully requests that judgment be entered in her favor, and against Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other relief that this Honorable Court deems appropriate given the circumstances. A jury trial is demanded. Dated: `%��O//L Respectfully Submitted, WILKES & McHUGH, P.A. BY:o,�•-f---- Andrei Govorov, Esquire Attorney for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis 29 VERIFICATION The undersigned, having read the attached pleading, verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of signer. Signer verifies that signer has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pieading are not that of signer, signer has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification of authorities. Dated: July 2, 2014 Loretta E. Lewis, as Attorney -in -Fact for Hazel E. Lewis CERTIFICATE OF SERVICE I, Andrei Govorov, attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Plaintiffs Complaint in Civil Action and Notice to Defend was served via First Class Mail on counsel for defendant: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 CERTIFICATE OF MERIT AS TO DEFENDANT GPH CAMP HILL III, LP x 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 defendant 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 x 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 rt 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 o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Dated: 7� �7 Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) Date: 7 30By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 CERTIFICATE OF MERIT AS TO DEFENDANT GOLDEN GATE NATIONAL SENIOR CARE, LLC x 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 defendant 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 x 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. Dated: 7/5.0C/, Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 C) :1> CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL x 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 defendant 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 x 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. Dated: � Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Date: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) Wilkes & McHugh, P.A. By: Andrei Govorov, Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: a ovorov wilkesmchu IN THE COURT OF COMMON PLEAS OF CUMI3ERLAND COUNTY PENNSYLVANIA h.co THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC. ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 z CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC CAMP HILL III, GP LLC x 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 defendant 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 x 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. Dated: 7�3n��y Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 W L D > -H OD CERTIFICATE OF MERIT AS TO DEFENDANT GOLDEN GATE ANCILLARY, LLC x 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 defendant 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 x 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. Dated: -7 /y Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC HOLDINGS, LLC x 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 defendant 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 x 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. Dated: ?/ Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC CLINICAL SERVICES, LLC x 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 defendant 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 x 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 o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Dated: 7/30 �y Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Date: 7 30 /5' Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -VS- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER – CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC ADMINISTRATIVE SERVICES, LLC x 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 defendant 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 x 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. Dated: %/ Andrei Govorov, Esquire Attorney for Plaintiff 1 CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) Date: % 3S5, By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC EQUITY HOLDINGS II, LLC x 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 defendant 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 x 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. Dated: Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) Date: 7 14Y - By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 p-1 CA) CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC EQUITY HOLDINGS, LLC x 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 defendant 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 x 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. Dated: Andrei Govorov, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrei Govorov, hereby certify that a true and accurate copy of the foregoing Certificate of Merit was served upon the Defendant on the date listed below at the following address: Date: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff FOX ROTHSCHILD LLP BY: Jacqueline M. Carolan, Esquire IDENTIFICATION NO. 52576 2000 MARKET STREET, TWENTIETH FLOOR PHILADELPHIA, PA 19103-3222 (215) 299-2000 LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS, v. E ryD{�- 0 rI C E OF1 f L i iO T HOMO TAR Y 2014 AUG -8 PM I : 40 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEYS FOR DEFENDANTS, GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings 11, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; Golden Gate Ancillary, LLC; GPH Camp Hill 111, LLC; Golden Gate National Senior Care, LLC; and GGNSC Camp Hill III, LP d/b/a Golden Living Center— Camp Hill : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff, : : CIVIL DIVISION NO. 14-2977 GOLDEN GATE NATIONAL SENIOR CARE, LLC, GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL, GPH CAMP HILL III, LP, GGNSC CAMP HILL III GP, LLC, GGNSC EQUITY HOLDINGS, LLC, GGNSC EQUITY HOLDINGS II, LLC, GGNSC ADMINISTRATIVE SERVICES, LLC, GGNSC CLINICAL SERVICES, LLC, GGNSC HOLDINGS, LLC, and GOLDEN GATE ANCILLARY, LLC, Defendants. : CERTIFICATE OF SERVICE I, Jacqueline M. Carolan, Esquire, hereby certify that on this 5th day of August, 2014 I have served a true and correct copy of the foregoing Entry of Appearance via First Class mail upon: Andrei Govorov, Esquire Wilkes & McHugh, PA 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Attorney for Plaintiff, Loretta E. Lewis, as Attorney -in -Fact for Hazel E. Lewis on -t ne M. Carolan • FOX ROTHSCHILD LLP BY: Jacqueline M. Carolan, Esquire IDENTIFICATION NO. 52576 2000 MARKET STREET, TWENTIETH FLOOR PHILADELPHIA, PA 19103-3222 (215) 299-2000 LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS, Plaintiff, : v. GOLDEN GATE NATIONAL SENIOR CARE, LLC, GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL, GPH CAMP HILL III, LP, GGNSC CAMP HILL III GP, LLC, GGNSC EQUITY HOLDINGS, LLC, GGNSC EQUITY HOLDINGS II, LLC, GGNSC ADMINISTRATIVE SERVICES, LLC, GGNSC CLINICAL SERVICES, LLC, GGNSC HOLDINGS, LLC, and GOLDEN GATE ANCILLARY, LLC, Defendants. ATTORNEYS FOR DEFENDANTS, GGNSC Camp Hill 111 GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; Golden Gate Ancillary, LLC; GPH Camp Hill 111, LLC; Golden Gate National Senior Care, LLC; and GGNSC Camp Hill 111, LP d/b/a Golden Living Center Camp Hill; COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL DIVISION NO. 14-2977 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Golden Gate National Senior Care, LLC and GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill, defendants in the above -captioned matter. ELINE M. CAROLAN, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103 (215) 299-2863 Attorneys for the Defendants, Golden Gate National Senior Care, LLC, GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill, GPH Camp Hill III, LP, GGNSC Camp Hill III GP, LLC, GGNSC Equity Holdings, LLC, GGNSC Equity Holdings II, LLC, GGNSC Administrative Services, LLC, GGNSC Clinical Services, LLC, GGNSC Holdings, LLC, and Golden Gate Ancillary, LLC Dated: August 5, 2014 FOX ROTHSCHILD LLP BY: Jacqueline M. Carolan Eric E. Reed Scott C. Oberlander IDENTIFICATION NO(S). 52576, 204692, 311750 2000 MARKET STREET, TWENTIETH FLOOR PHILADELPHIA, PA 19103-3222 ATTORNEYS for Defendants : COURT OF COMMON PLEAS LORETTA E. LEWIS, as Attorney -in -Fact for : CUMBERLAND COUNTY, PA HAZEL E. LEWIS, : CIVIL DIVISION Plaintiff, : Docket No. 14-2977 v. GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. NOTICE OF FILING NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Defendants Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC, by and through their counsel, Fox Rothschild LLP, hereby give notice that the attached Notice of Removal (Exhibit A, without exhibits) was filed on August 8, 2014 in the United States District Court for the Middle District of Pennsylvania. J. eline l' arolan, Esquire Eric E. Reed, squire Scott C. Oberlander, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Date: August 8, 2014 Attorneys for Defendants CERTIFICATE OF SERVICE I, Eric E. Reed, counsel for Defendants, do hereby certify that on August 8, 2014, I caused to be served upon the below listed counsel of record, a true and correct copy of the foregoing Notice of Filing Notice of Removal, via First -Class Mail: Andrei Govorov, Esquire Wilkes & McHugh, P.A. 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Eric . ' -ed, �e Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS, Plaintiff, v. GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants : CIVIL ACTION : NO. Removed from the Court of Common Pleas, Cumberland County, Pennsylvania, No. 14-2977 NOTICE OF REMOVAL Defendants' hereby submit this notice of removal pursuant to 28 U.S.C. §§ 1332, 1441 and 1446. As grounds for removal, Defendants state as follows: ' Defendants are Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC (collectively, "Defendants") Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 2 of 8 1 On July 30, 2014, Plaintiff Loretta E. Lewis filed a Complaint in the above -captioned matter, No. 14-2977, in the Court of Common Pleas of Cumberland County ("the State Court Action"). 2. Plaintiff served the Defendants with the Complaint and related case initiation documents in the State Court Action on August 1, 2014. Pursuant to 28 U.S.C. § 1446(a), copies of the relevant process, pleadings, and orders served upon Defendants are attached hereto as Exhibit "A". 3. This notice of removal is timely pursuant to 28 U.S.C. § 1446(b) as it is being filed within thirty (30) days after Defendants were served with Plaintiff's Complaint. 4. This is a civil action over which this Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a) in that there is complete diversity of citizenship between the parties, and the amount in controversy exceeds $75,000.00, exclusive of interests and costs. Diversity Jurisdiction 5. Plaintiff Loretta E. Lewis resides at 629 Fourth Street, Culpeper, VA 22701, and is a Virginia citizen. 6. Defendants are citizens of Delaware and California. In particular: a. Golden Gate National Senior Care LLC is a Delaware limited liability company. Its sole member is GGNSC Holdings LLC; 2 Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 3 of 8 please see paragraph 6(i) herein. Therefore, Golden Gate National Senior Care LLC is a citizen of Delaware and California. b. GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill is a limited partnership.2 Its sole general partner is GGNSC Camp Hill III GP, LLC; please see paragraph 6(d) herein. Its sole limited partner is GGNSC Equity Holdings LLC; please see paragraph 6(e) herein. Therefore, Defendant GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill is a citizen of Delaware and California. c. GPH Camp Hill III, LP is a limited partnership. Its sole general partner is GPH Camp Hill III GP, LLC. It sits under GGNSC Equity Holdings LLC; please see paragraph 6(e) herein. d. GGNSC Camp Hill III GP, LLC is a Delaware limited liability company. Its sole member is GGNSC Equity Holdings, LLC; please see paragraph 6(e) below. Therefore, GGNSC Camp Hill III GP, LLC is a citizen of Delaware and California. 2 In determining citizenship of a limited partnership, the court must look to the citizenship of the partners, including each of the limited partners. Carlsberg Resources Corp. v. Cambria Savings and Loan Assoc., 554 F.2d 1254 (3d Cir. 1977). The rationale is that a limited partnership is an unincorporated association and its citizenship is deemed to be that of the members composing the association. Trent Realty Assoc. v. First Federal Savings & Loan Assoc., 657 F.2d 29, 32 (3d Cir. 1981) (citation omitted). 3 Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 4 of 8 e. GGNSC Equity Holdings LLC is a Delaware limited liability company. Its sole member is Golden Gate National Senior Care LLC; please see paragraph 6(a) herein. Therefore, GGNSC Equity Holdings LLC is a citizen of Delaware and California. f. Despite being named in the Complaint by Plaintiffs, GGNSC Equity Holdings II, LLC is no longer in existence. g. GGNSC Administrative Services, LLC, is a Delaware limited liability company. Its sole member is GGNSC Holdings, LLC; please see paragraph 6(i) herein. Therefore, GGNSC Administrative Services, LLC is a citizen of Delaware and California. h. GGNSC Clinical Services, LLC is a Delaware limited liability company. Its sole member is Golden Gate National Senior Care, LLC; please see paragraph 6(a) above. Therefore, GGNSC Clinical Services, LLC is a citizen of Delaware and California. GGNSC Holdings LLC is a Delaware limited liability company. Its sole member is Drumm Corp.; please see paragraph 6(k) herein. Therefore, GGNSC Holdings LLC is a citizen of Delaware and California. 4 Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 5 of 8 j. Golden Gate Ancillary, LLC is a Delaware limited liability company. The sole member of Golden Gate Ancillary, LLC is GGNSC Holdings LLC; please see paragraph 6(i) above. Therefore, GGNSC Holdings LLC is a citizen of Delaware and California. k. Drumm Corp. is a Delaware corporation with its principal place of business and nerve center in San Francisco, California. Therefore, Drumm Corp. is a citizen of Delaware and California. 7. Accordingly, there is diversity of citizenship between the parties. 28 U.S.C. § 1332(a)(1). 8. The amount in controversy is generally decided from the complaint itself, and the court may rely on its own judgment as to the reasonable value of the rights being litigated. Angus v. Shiley, Inc., 989 F.2d 142, 146 (3d Cir. 1993) (amount in controversy is measured by a reasonable reading of the value of the rights being litigated) (citations omitted); Corwin Jeep Sales Services, Inc. v. Am Motors Sales Corp., 670 F.Siipp. 591, 596 (M.D.Pa. 1986) (when complaint does not contain demand for specific monetary amount, court may look to petition for removal to make independent appraisal of the value of the claim). 5 Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 6 of 8 9. In her Complaint, Plaintiff alleges that as a result of the Facility's conduct, Hazel E. Lewis suffered numerous serious and permanent injuries. See Exhibit A at ¶¶ 59-73. 10. The Complaint also demands punitive damages. 11. Thus, while Defendants deny any liability to Plaintiff, a reasonable reading of the Complaint establishes that Plaintiff seeks damages which exceed this Court's jurisdictional minimum of $75,000.00. 12. Defendants reserve the right to amend or supplement this notice of removal. 13. Venue is proper in this district under 28 U.S.C. §§ 1391(b)(2) and 1441(a). 14. Defendants are providing notice of filing this notice of removal to Plaintiff commensurate with this filing, and will also file a notice of filing notice of removal with the Court of Common Pleas of Cumberland County, Pennsylvania promptly following the filing of the notice of removal with this Court as required by 28 U.S.C. § 1446(d). 6 Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 7 of 8 WHEREFORE, Defendants hereby remove this action from the Court of Common Pleas of Cumberland County, Pennsylvania, to the United States District Court for the Middle District of Pennsylvania. Respectfully Submitted, August 8, 2014 7 /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Scott C. Oberlander, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Case 1:14-cv-01558-JEJ Document 1 Filed 08/08/14 Page 8 of 8 CERTIFICATE OF SERVICE I, Eric E. Reed, counsel for Defendants, do hereby certify that on August 8, 2014, I caused to be served upon the below listed counsel of record, a true and correct copy of the foregoing Notice of Removal and Disclosure Statements, via First -Class Mail: Andrei Govorov, Esquire Wilkes & McHugh, P.A. 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 /s/ Eric E. Reed Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants 8 JS 44 (Rev. 12/12) Case 1:14-cv-01558 aigEtimetitglititil, 08/08/14 Page 1 of 2 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or othcr papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF TI-JIS FORM) 1. (a) PLAINTIFFS LORETTA E. LEWIS, as Attorney -in -Fad for HAZEL E LEWIS (b) County of Residence of First Listed Plaintiff Culpeper, VA (EXCEPT IN US. PLAINTIFF CASES) SC) Attorneys (Firm Name, Address, and Telephone Number) Wilkes & McHugh, P.A. 1601 Cherry Street, Suite 1300 Philadelphia, PA 19103 DEFENDANTS GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL II1, LP d/b/a GOLDEN LIVING CENTER – CAMP HILL; GPH CAMP HILL 111, LP; GGNSC CAMP HILL I11 GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC County of Residence of First Listed Defendant San Francisco, CA (IN US. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (Ijf�Known) Fox RothschildyLLP 2000 Market Street, 20th Floor Philadelphia, PA 19103 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) O 1 U.S. Government O 3 Federal Question Plaintiff (U.S. Government Not a Party) D 2 U.S. Government I!9 4 Diversity Defendant (Indicate Citizenship of Parties in Item 111) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) Citizen of This State Citizen of Another State PTF DEF PTF DEF D 1 D 1 Incorporated or Principal Place O 4 0 4 of Business In This State Qll 2 D 2 Incorporated and Principal Place D 5 X 5 of Business In Another State Citizen or Subject of a D 3 Foreign Country D 3 Foreign Nation D 6 D 6 IV. NATURE OF SUIT (Place an "X" in One Box Onl CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I D 110 Insurance D 120 Marine D 130 Miller Act D 140 Negotiable Instrument D 150 Recovery of Overpayment & Enforcement of Judgment D 151 Medicare Act O 152 Recovery of Defaulted Student Loans (Excludes Veterans) D 153 Recovery of Overpayment of Veteran's Benefits D 160 Stockholders' Suits D 190 Other Contract D 195 Contract Product Liability D 196 Franchise PERSONAL INJURY PERSONAL INJURY D 310 Airplane D 365 Personal Injury - D 315 Airplane Product Product Liability Liability D 367 Health Care/ D 320 Assault, Libel & Pharmaceutical Slander Personal Injury D 330 Federal Employers' Product Liability Liability D 368 Asbestos Personal D 340 Marine Injury Product D 345 Marine Product Liability Liability PERSONAL PROPERTY D 350 Motor Vehicle D 370 Other Fraud D 355 Motor Vehicle D 371 Truth in Lending Product Liability D 380 Other Personal D 360 Other Personal Property Damage Injury ID 385 Property Damage M 362 Personal Injury - Product Liability Medical Malpractice D 625 Drug Related Seizure of Property 21 USC 881 D 690 Other O 422 Appeal 28 USC 158 D 423 Withdrawal 28 USC 157 D 375 False Claims Act D 400 State Reapportionment D 410 Antitrust D 430 Banks and Banking D 450 Commerce D 460 Deportation D 470 Racketeer Influenced and Corrupt Organizations D 480 Consumer Credit D 490 Cable/Sat TV D 850 Securities/Commodities/ Exchange D 890 Other Statutory Actions D 891 Agricultural Acts D 893 Environmental Matters D 895 Freedom of Information Act D 896 Arbitration O 899 Administrative Procedure Act/Review or Appeal of Agency Decision D 950 Constitutionality of State Statutes PROPERTY RIGHTS D 820 Copyrights D 830 Patent D 840 Trademark LABOR SOCIAL SECURITY D 710 Fair Labor Standards Act D 720 Labor/Management Relations D 740 Railway Labor Act D 751 Family and Medical Leave Act D 790 Other Labor Litigation D 791 Employee Retirement Income Security Act D 861 HIA (13956) D 862 Black Lung (923) D 863 DIWC/DIWW (405(g)) D 864 SSID Title XVI D 865 RSI (405(g)) REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS D 210 Land Condemnation ID 220 Foreclosure D 230 Rent Lease & Ejectment ID 240 Torts to Land D 245 Tort Product Liability D 290 All Other Real Property D 440 Other Civil Rights D 441 Voting D 442 Employment D 443 Housing/ Accommodations D 445 Amer. w/Disabilities - Employment D 446 Amer. w/Disabilities - Other D 448 Education Habeas Corpus: D 463 Alien Detainee D 510 Motions to Vacate Sentence D 530 General D 535 Death Penalty Other: D 540 Mandamus & Other D 550 Civil Rights D 555 Prison Condition D 560 Civil Detainee - Conditions of Confinement D 870 Taxes (U.S. Plaintiff or Defendant) D 871 IRS—Third Party 26 USC 7609 - IMMIGRATION D 462 Naturalization Application D 465 Other Immigration Actions V. ORIGIN (Place an "X" in One Box Only) D 1 Original 18( 2 Removed from O 3 Remanded from Proceeding State Court Appellate Court D 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Reopened Another District Litigation (specify) VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you arc filing (Do not cite jurisdictional statures unless diversity): 28 U.S.C. § 1332(a) Brief description of cause: Removal to Federal Court based on diversity of citizenship VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY CHECK IF THIS IS A CLASS ACTION DEMAND $ UNDER RULE 23, F.R.Cv.P. Over $75 000 CHECK YES only if demanded in complaint: JURY DEMAND: 1 Yes D No (See instructions): JUDGE DOCKET NUMBER 14-02977 (CCP Cumberland) DATE 08/08/2014 SIGNATURE OF ATTORNEY OF RECORD /s/ Eric E. Reed FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE JS44Reverse (Rev. 12/12) Case 1:14-cv-01558-JEJ Document 1-1 Filed 08/08/14 Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: 1.(a) Plaintiffs -Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) I1I. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 1 of 34 Exhibit A Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 2 of 34 WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov(@,wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC EQUITY HOLDINGS II, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants. CIVIL DIVISION NO.: 14-2977 COMPLAINT IN CIVIL ACTION JURY TRIAL DEMANDED Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 3 of 34 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 in Civil Action and Notice to Defend are served, by entering a written appearance personally or by attorney and filing 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE THE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street 1 Carlisle, Pennsylvania 17013 Telephone: 717-249-31661 Fax: 717-249-2663 2 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 4 of 34 WILKES & McHUGH, P.A. By: Andrei Govorov, Esquire Attorney Identification No. 209365 1601 Cherry Street, Suite 1300 Philadelphia, Pennsylvania 19102 215-972-0811 215-972-0580 (fax) Email: agovorov@wilkesmchugh.com THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED. Counsel for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for HAZEL E. LEWIS 629 Fourth Street Culpeper, Virginia 22701 Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL 46 Erford Road Camp Hill, Pennsylvania 17011 and GPH CAMP HILL II1, LP 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL III GP, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and CIVIL DIVISION NO.: 14-2977 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 5 of 34 GGNSC EQUITY HOLDINGS Il, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 Defendants. COMPLAINT IN CIVIL ACTION (The Complaint Includes a Medical Professional Liability Action) Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis, by and through undersigned counsel, Wilkes & McHugh, P.A., files the instant Complaint in Civil Action, and in support thereof avers the following: I. PARTIES A. Plaintiff 1. Hazel E. Lewis, an adult individual, was a resident at the skilled nursing facility commonly known as Golden Living Center - Camp Hill (hereinafter "the Facility") for a period of time that ended on November 16, 2012. 2. Loretta E. Lewis, daughter of Hazel E. Lewis, is an adult individual and citizen of the Commonwealth of Virginia, residing at 629 Fourth Street, Culpeper, Virginia 22701. 2 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 6 of 34 3. Loretta E. Lewis is the duly authorized Attorney -in -Fact for Hazel E. Lewis. B. Defendants, Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill I1I GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 4. Defendant, Golden Gate National Senior Care, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 5. Defendant, Golden Gate National Senior Care, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 6. Defendant, GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Pennsylvania, with offices and a place of business located at 46 Erford Road, Camp Hill, Pennsylvania 17011. 3 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 7 of 34 7. Defendant, GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 8. Defendant, GPH Camp Hill III, LP, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 9. Defendant, GPH Camp Hill III, LP, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted 4 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 8 of 34 privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 10. Defendant, GGNSC Camp Hill III GP, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 11. Defendant, GGNSC Camp Hill III GP, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 12. Defendant, GGNSC Equity Holdings, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 5 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 9 of 34 13. Defendant, GGNSC Equity Holdings, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 14. Defendant, GGNSC Equity Holdings II, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 15. Defendant, GGNSC Equity Holdings II, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and 6 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 10 of 34 practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 16. Defendant, GGNSC Administrative Services, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 17. Defendant, GGNSC Administrative Services, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 18. Defendant, GGNSC Clinical Services, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 7 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 11 of 34 19. Defendant, GGNSC Clinical Services, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 20. Defendant, GGNSC Holdings, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024. 21. Defendant, GGNSC Holdings, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and 8 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 12 of 34 practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 22. Defendant, Golden Gate Ancillary, LLC, is a corporation, duly licensed, organized and existing under and by virtue of the laws of Delaware, with offices and a place of business located at 7160 Dallas Parkway, Suite 400, Plano, Texas 75024, 23. Defendant, Golden Gate Ancillary, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - Camp Hill, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to the public in Cumberland County, Pennsylvania; and was at all times material hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to the public as competent and skillful healthcare providers and practitioners of medicine; and which is personally, directly and vicariously liable, among other things for the acts and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the care provided to Hazel E. Lewis and in the operation of the Facility. 24. At all times material hereto, Defendants individually and collectively owed duties, some of which were non -delegable, to the residents of the Facility, including to Hazel E. Lewis, such duties being conferred by statute, existing at common law, and/or being voluntarily assumed by each Defendant. 9 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 13 of 34 25. At all times material hereto, Defendants individually and collectively, and/or through a joint venture, owned, operated, managed and controlled the Facility, and are individually and collectively engaged in the business of providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care services to the general public. II. JURISDICTION AND VENUE 26. Jurisdiction and venue are proper in this Honorable Court in so far as Defendants regularly conduct business in Cumberland County, Pennsylvania and this cause of action arose, at least in part, in this county and/or this action is being brought in any county in which venue may be laid against any Defendant. See Pa. R.C.P. 1006(a.1) and 2179. III. FACTUAL BACKGROUND A. Conduct of the Defendants 27. Prior to her discharge on November 16, 2012, Hazel E. Lewis was a resident of the Defendants' facility.' 28. Hazel E. Lewis was incapable of independently providing for all of her daily care and personal needs without reliable assistance. In exchange for financial consideration, she was admitted to Defendants' Facility to obtain such care and protection. 29. The Defendants, through advertising, marketing campaigns, promotional materials and information sheets, held out themselves and the Facility as being able to provide medical, skilled nursing, rehabilitation, therapy and custodial care services to elderly and frail individuals, including Hazel E. Lewis. 30. Defendants assumed responsibility for Hazel E. Lewis's total healthcare, including the provision of nutrition, hydration, activities of daily living, medical, skilled nursing, Plaintiff is not bringing any claims pursuant to 62 P.S. §1407(c) and nothing in the Complaint in Civil Action should be interpreted as an attempt to recover damages pursuant to that Statute. 10 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 14 of 34 rehabilitation, and therapy. 31. Defendants further assumed responsibility to provide Hazel E. Lewis with ordinary custodial and hygiene services. 32. Defendants exercised complete and total control over the healthcare of all residents of the Facility, including Hazel E. Lewis. 33. Defendants were vertically integrated organizations that were controlled by their respective members, managers and/or boards of directors, who were responsible for the operation, planning, management and quality control of the Facility. 34. The control exercised over the Facility by the Defendants included, inter alia: cash management; cost control; setting staffing levels; budgeting; marketing; maintaining and increasing census; supervision of the Facility administrator and director of nursing; supervision and oversight of the staff; development and implementation of nursing staff in -services; development and implementation of all pertinent policy and procedures; monitoring customer satisfaction; performing mock surveys; risk management; corporate and regulatory compliance; quality of care assessment; licensure and certification; controlling accounts payable and receivable; development and implementation of reimbursement strategies; retaining contract management, physician, therapy and dietary services; dictating census and payor source quotas for admissions to the facility; and employing the Facility -level, regional and corporate staff who together operated the Facility. 35. Defendants, by and through their respective members, managers, board of directors and corporate officers, utilized survey results and various other reports, including quality indicators, to monitor the care being provided at their nursing homes, including the Facility. 11 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 15 of 34 36. Defendants exercised ultimate authority over all budgets and had final approval over the allocation of resources for staffing, supplies, and operations of their nursing homes including the Facility. 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 the Facility, including Hazel E. Lewis, with respect to the recognition and/or treatment of medical conditions, such as those experienced by Hazel E. Lewis, so as to ensure that timely and appropriate care was provided for such conditions whether within the Facility, or obtained from other medical providers. 38. Defendants, acting through their administrators, members, managers, board of directors and corporate officers, were responsible for supervising the standard of professional practice by the members of their staff at the Facility, including regarding the conduct at issue herein. 39. Defendants had an obligation to employ competent, qualified and trained staff so as to ensure that proper care, treatment and services were rendered to individuals having medical, nursing and/or custodial needs, such as those presented by Hazel E. Lewis as set forth herein. 40. As a part of their duties and responsibilities, Defendants had an obligation to maintain and manage the Facility with adequate staff and sufficient resources to ensure the timely recognition and appropriate treatment of the medical, nursing and/or custodial needs of the residents, such as Hazel E. Lewis, whether within the Facility, or obtained from other medical care providers. 41. Defendants made a conscious decision to operate and/or manage the Facility so as to maximize profits at the expense of the care required to be provided to their residents, 12 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 16 of 34 including Hazel E. Lewis. 42. In their efforts to maximize profits, Defendants negligently, intentionally and/or recklessly mismanaged and/or reduced staffing levels below the level necessary to provide adequate care to the residents. 43. Despite their knowledge of the likelihood of harm due to insufficient staffing levels, and despite complaints from staff members about insufficient staffing levels, Defendants recklessly and/or negligently disregarded the consequences of their actions, and/or negligently caused staffing levels at the Facility to be set at a level such that the personnel on duty could not and did not meet the needs of the Facility's residents, including Hazel E. Lewis. 44. Defendants intentionally increased the number of sick, elderly and frail residents with greater health problems requiring more complex medical care. 45. Defendants knew that this increase in the acuity care levels of the resident population would substantially increase the need for staff, services, and supplies necessary for the new resident population. 46. Defendants knew, or should have known, that the acuity needs of the residents in their nursing homes increased and, therefore, the required resources also increased, including the need for additional nursing staff in order to meet the needs of the residents, including Hazel E. Lewis. 47. Defendants failed to provide the resources necessary, including sufficient staff, to meet the needs of the residents, including Hazel E. Lewis. 48. Defendants knowingly established staffing levels that created recklessly high resident to staff ratios, including high resident to nurse ratios and high resident to nurse aide ratios. 13 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 17 of 34 49. 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. 50. The acts and omissions of the Defendants were motivated by a desire to increase the profits of the nursing homes they own, including the Facility, by knowingly, recklessly, and with total disregard for the health and safety of the residents, reducing expenditures for needed staffing, training, supervision, and care to levels that would inevitably lead to severe injuries, such as those suffered by Hazel E. Lewis. 51. The actions of the Defendants were designed to increase reimbursements by governmental programs, which, upon information and belief, are the primary source of income for the Facility. 52. The aforementioned acts directly caused injury to Hazel E. Lewis and were known by the Defendants. 53. Defendants knowingly sacrificed the quality of care received by alt residents, including Hazel E. Lewis, by failing to manage, care, monitor, document, chart, prevent, diagnose and/or treat the injuries and illnesses suffered by Hazel E. Lewis, as described herein, which included a fall, urinary tract infections, poor hygiene, and severe pain. 54. At the time and place of the incidents hereinafter described, the Facility whereupon the incidents occurred was individually, collectively, and/or through a joint venture, owned, possessed, controlled, managed, operated and maintained under the exclusive control of the Defendants. 55. At all times material hereto, the Defendants were operating personally or through their agents, servants, workers, employees, contractors, subcontractors, staff, and/or principals, 14 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 18 of 34 who acted with actual, apparent and/or ostensible authority, and all of whom were acting within the course and scope of their employment and under the direct and exclusive control of the Defendants. 56. The aforementioned incidents 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 failure to act on the part of Hazel E. Lewis. 57. Defendants, their agents, servants, contractors, subcontractors, staff and/or employees are/were, at all times material hereto, licensed professionals/professional corporations and/or businesses and the Plaintiff is asserting professional liability claims against them. 58. In addition to all other claims and demands for damages set forth herein, Plaintiff is asserting claims for ordinary negligence, custodial neglect and corporate negligence against the Defendants herein, as each of the entities named as Defendants herein are directly and vicariously liable for their independent acts of negligence, for their acts of general negligence, and for their acts of general corporate negligence. B. injuries to Hazel E. Lewis at the Facility 59. Upon admission to the Facility and during the relevant time period, Hazel E. Lewis was dependent upon the staff for her physical, mental, psycho -social, medical, nursing and custodial needs, requiring total assistance with activities of daily living, and she had various illnesses and conditions that required evaluation and treatment. 60. Hazel E. Lewis was at risk for future illnesses and injuries, including, falls, infection, and severe pain. 61. Defendants engaged in a pattern of care replete with harmful and injurious 15 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 19 of 34 commissions, omissions and neglect as described herein. 62. Defendants deprived Hazel E. Lewis of adequate care, treatment, food, water and medicine and caused her to suffer numerous illnesses and injuries, which included a fall, urinary tract infections, poor hygiene, and severe pain. 63. The severity of the negligence inflicted upon Hazel E. Lewis by the Defendants, accelerated the deterioration of her health and physical condition, and resulted in physical and emotional injuries that caused her severe pain, suffering and mental anguish, together with unnecessary hospitalizations. 64. These injuries, as well as the conduct specified herein, caused Hazel E. Lewis to suffer a loss of personal dignity, together with degradation, anguish and emotional trauma. 65. Upon admission to Facility, Ms. Lewis had a history of falls, and was at risk for falls with bilateral lower extremity weakness. 66. On August I, 2012 she suffered a urinary tract infection positive for Citrobacter koseri. 67. Her urine on August 17, 2012 grew Klebsiella pneumoniae. 68. On October 21, 2012 she was lowered to the floor by a CNA when her knees weakened while ambulating with walker. 69. Ms. Lewis was discharged on November 16, 2012. 70. Defendants accepted Hazel E. Lewis as a resident fully aware of her medical history and understood the level of nursing care she required. 71. Hazel E. Lewis's chart includes and evidences missing and incomplete documentation. 72. The severity of the negligence inflicted upon Hazel E. Lewis by the Defendants' 16 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 20 of 34 mismanagement, improper/under-budgeting, understaffing of the Facility and lack of training or supervision of the Facility's employees, failure to provide adequate and appropriate health care; engaging in incomplete, inconsistent and fraudulent documentation; failure to develop an appropriate care plan; failure to ensure the highest level of physical, mental and psychosocial functioning was attained; failure to provide proper medication; and failure to provide sufficient food and water, causing Hazel E. Lewis to suffer a fall, urinary tract infections, poor hygiene, and severe pain. 73. As a result of the negligence, carelessness and recklessness of the Defendants herein described, Hazel E. Lewis was caused to suffer serious and permanent injuries as described herein, to, in and about her body and possible aggravation and/or activation of any pre- existing conditions, illnesses, ailments, or diseases she had, and/or the accelerated deterioration of her health, physical and mental condition, and a loss of the ordinary pleasures of life, a loss of dignity, humiliation, and more particularly, a fall, urinary tract infections, poor hygiene, and severe pain, along with other body pain and damage, as well as anxiety, reaction and injury to her nerves and nervous system, some or all of which were permanent, together with other medical complications. IV. COUNT ONE Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis v. Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 74. Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 17 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 21 of 34 75. Upon accepting Hazel E. Lewis as a resident at the Facility, Defendants individually and jointly assumed direct, non -delegable duties to Hazel E. Lewis to provide her with adequate and appropriate healthcare, as well as basic custodial and hygiene services, as set forth herein. 76. If Defendants were unable or unwilling to meet the needs of Hazel E. Lewis, they had an affirmative duty and legal obligation to discharge Hazel E. Lewis from the Facility. 77. Defendants had the ultimate responsibility of ensuring that the rights of the residents, including Hazel E. Lewis, were protected. 78. Defendants owed a non -delegable duty to provide adequate and appropriate medical, skilled nursing, rehabilitation, therapy and custodial care services and supervision to Hazel E. Lewis and other residents, such as reasonable caregivers would provide under similar circumstances. 79. Defendants each owed a non -delegable duty to the Facility's residents, including Hazel E. Lewis, to hire, train, and supervise their employees so as to ensure that the Facility was operated and services were provided to Defendants' residents in a safe and reasonable manner. 80. Defendants, by and through their agents, employees, and/or servants each owed a duty of care to Hazel E. Lewis to exercise the appropriate skill and care of licensed physicians, nurses, nurse aides, directors of nursing, and/or nursing home administrators. 81. Defendants each owed a duty and responsibility to furnish Hazel E. Lewis with appropriate and competent medical, skilled nursing, rehabilitation, therapy and custodial care services. 82. Defendants each owed and failed to fulfill the following duties to Hazel E. Lewis: the duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; 18 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 22 of 34 to select, train and retain only competent staff; to oversee and supervise all persons who practiced nursing, medical and/or skilled healthcare within the Facility; to staff the facility with personnel sufficient both in number and in training to provide the care and services required by the Facility's residents; to ensure that the Facility's residents were treated with dignity and respect; -to maintain sufficient funding, staffing and resources for the Facility so that its residents were provided with the care and services they required; to formulate, adopt, and enforce rules, procedures and policies to ensure quality care and healthcare for all residents, and to update the same as required by the applicable standards of care; to take adequate measures to rectify known problems in the delivery of hygiene and custodial services as well as in the delivery of medical, skilled nursing, rehabilitation, and therapy care; to warn residents, their family and/or representatives of the Defendants' inability to provide adequate care and services when Defendants knew or should have known of their deficiencies in providing such care and services; to refuse admission to residents to whom they knew or should have known they could not provide reasonable care and services; to not admit more residents than to whom Defendants could safely provide adequate care and services; to keep the Facility's residents free from physical and mental abuse and neglect; to provide a safe, decent and clean living environment for the Facility's residents; and to assist the residents in retaining and exercising all of the Constitutional, civil and legal rights to which they are entitled as citizens of the United States and of the Commonwealth of Pennsylvania. 83. In addition to the direct acts and omissions of the corporate Defendants, the Defendants also acted through their agents, servants and employees, who were in turn acting within the course and scope of their employment under the direct supervision and control of the Defendants. 19 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 23 of 34 84. Defendants each authored, produced and/or received frequent reports detailing the number and types of injuries, illnesses, and infections sustained by Hazel E. Lewis and the residents in the Facility. 85. Despite being made aware of the types and frequency of injuries, illnesses, and/or infections, many of which were preventable, sustained by the residents of the Facility, including those suffered by Hazel E. Lewis, Defendants failed to take steps to prevent the occurrence of said injuries, illnesses, and/or infections. 86. The Defendants knew, or should have known, of the aforementioned problems that were occurring with the care of Hazel E. Lewis, as they were placed on actual and/or constructive notice of said problems, through Defendants' own reports and through governmental/state surveys. 87. Defendants, as the corporate members, managers, owners, and/or directors of the Facility, breached their duties and were, therefore, negligent, careless and reckless in their obligations to Hazel E. Lewis. 88. The corporate conduct of the Defendants was independent of the negligent conduct of the employees of the Facility, and was outrageous, willful, and wanton, and exhibited a reckless indifference to the health and well-being of the residents, including I-Iazel E. Lewis. 89. The breaches of duties, general negligence, professional negligence, corporate negligence, carelessness and recklessness of the Defendants, individually, vicariously and/or acting by and through their officers, directors, members, managers, physicians, physicians' assistants, nurses, nurses aides, regional and corporate staff who examined, treated and/or communicated the condition of Hazel E. Lewis, and through the administrative personnel responsible for hiring, retaining and/or dismissing staff, staff supervision and policy-making and 20 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 24 of 34 enforcement, as well as any agents, servants, employees, contractors, subcontractors and/or consultants of the Defendants were exhibited in the following acts and omissions in the care and treatment of Hazel E. Lewis: a. failure to hire, utilize, train and retain sufficient staff to meet the residents' needs, including those of Hazel E. Lewis, which caused Hazel E. Lewis to suffer a fall, urinary tract infections, poor hygiene, and severe pain; b. failure to provide adequate hygiene to prevent infection, to keep Hazel E. Lewis clean and to preserve her dignity; c. failure to keep Hazel E. Lewis free from falls and accidents; d. failure to provide Hazel E. Lewis with adequate supervision and assistive devices to prevent falls and accidents; e. failure to develop, implement and administer to Hazel E. Lewis appropriate infection control policies, procedures and techniques; f. failure to ensure that Hazel E. Lewis did not needlessly suffer from preventable and treatable pain; g. failure to ensure that Hazel E. Lewis received her physician -ordered medications in accordance with her physicians' orders; h. failure to ensure that Hazel E. Lewis received her physician -ordered treatments in accordance with her physicians' orders; J. failure to timely and appropriately notify Hazel E. Lewis's physician(s) and consulting specialists when she experienced significant changes in her condition, contributing to Hazel E. Lewis's injuries and illnesses, including a fall, urinary tract infections, poor hygiene, and severe pain; failure to obtain new or modified physician orders when Hazel E. Lewis's changes in condition required the same; k. failure to timely and appropriately notify Hazel E. Lewis's family and personal representatives when she experienced significant changes in her condition, contributing to Hazel E. Lewis's injuries and illnesses, including a fall, urinary tract infections, poor hygiene, and severe pain; 1. failure to accurately and consistently document Hazel E. Lewis's needs and the care and services provided to her in response to such needs; 21 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 25 of 34 m. failure to prevent fraudulent documentation and allowing the Defendants' staff to chart that they provided care to hazel E. Lewis on non-existent days, on days when the charting staff member was not actually at work, and/or on days when Hazel E. Lewis was not even in Defendants' Facility; n. failure to ensure that Hazel E. Lewis did not develop serious and permanent injuries to, in and about her body and possible aggravation and/or activation of any pre-existing conditions, illnesses, ailments, or diseases she had, and/or accelerated the deterioration of her health, physical and mental condition, and more particularly, when she suffered a fall, urinary tract infections, poor hygiene, and severe pain; o. failure to respond in a timely manner with appropriate medical, nursing and custodial care when Hazel E. Lewis was injured, including when she experienced a fall, urinary tract infections, poor hygiene, and severe pain, when Defendants knew or should have known that Hazel E. Lewis was at risk for the same; P. failure to ensure that each resident, including Hazel E. Lewis, received, and that the Facility provided, the necessary care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being, in accordance with the comprehensive assessment and plan of care; q. failure to ensure that the Defendants used the results of its assessments to develop, review and revise Hazel E. Lewis's comprehensive plan of care, r. failure to develop, implement and administer to Hazel E. Lewis an appropriate, comprehensive and individualized care plan that included measurable objectives and timetables to meet her medical, nursing, custodial, mental and psychosocial needs that are identified in the comprehensive assessment, describing the services that were to be furnished to attain or maintain her highest practicable physical, mental, and psychosocial well-being, causing Hazel E. Lewis to suffer a fall, urinary tract infections, poor hygiene, and severe pain; s. failure to ensure that the Facility had sufficient nursing staff to provide nursing and custodial care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, including Hazel E. Lewis, as determined by theresidents' assessments and individual plans of care, and the failure to provide services by sufficient number of each of the required types of personnel on a twenty-four hour basis to provide nursing care to all residents, including Hazel E. Lewis, in accordance with the residents' care plans; t. failure to administer the Facility in a manner that enabled it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; failure to ensure that the services provided or arranged by the Facility were 22 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 26 of 34 provided by qualified persons in accordance with each resident's written plan of care; v. failure to oversee and supervise all persons who practiced nursing and/or skilled healthcare in the Facility who failed to provide adequate and appropriate health care to prevent Hazel E. Lewis from suffering from a fall, urinary tract infections, poor hygiene, and severe pain; w. failure to formulate, adopt and enforce adequate rules, procedures and policies to prevent Hazel E. Lewis from suffering a fall, urinary tract infections, poor hygiene, and severe pain; x. failure to refer Hazel E. Lewis to the necessary medical specialists in a timely manner who would have properly diagnosed and/or treated her condition; y. failure to provide Hazel E. Lewis with the necessary care and services to allow her to attain or maintain the highest practicable physical, mental and psychological well-being; z. failure to implement a budget that properly funded the Facility and allowed the Facility to provide adequate and appropriate healthcare to Hazel E. Lewis, including adequate staff and supplies; aa. grossly understaffing the Facility; bb. failure to take appropriate steps to remedy continuing problems at the Facility that Defendants knew were occurring with Hazel E. Lewis's care, which included the need to increase the number of employees, hiring skilled and/or trained employees, adequately training the current employees, monitoring the conduct of the employees, and/or changing the current policies and procedures to improve resident care; cc. failure to maintain compliance with the governmental regulations to which Defendants' delivery of care is compared as part of the annual and complaint state survey process performed by the Pennsylvania Department of Health; and, dd. in committing the acts and omissions herein, acting in a grossly negligent manner, with reckless indifference to the rights and safety of Hazel E. Lewis. 90. Upon information and belief, Defendants' owners, officers, directors, partners, members and managers were made aware of governmental/state survey results and placed on notice of the status of their nursing homes, including the Facility. 91. Upon information and belief, the Defendants, including their owners, officers, 23 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 27 of 34 directors, partners, members, managers and employees, knew that they had been cited by governmental units regarding Golden Living Center - Camp Hill on September 17, 2009 for failure to serve food under sanitary conditions, failure to have a discharge summary and a physician order for discharge, failure to document the disposition of discontinued and unused medications; on March 3, 2010 for failure to ensure that the abuse policies and procedures were implemented, failure to ensure that required regulatory forms were accurately completed as required within the appropriate time -frames, failure to ensure that food was stored, distributed and served under sanitary conditions, failure to provide a safe, clean and homelike environment, failure to develop a comprehensive care plan to meet residents' medical, nursing, and mental and psychosocial needs, failure to ensure that the resident rooms remained as free of accident hazards as is possible; on April 11, 2011 for failure to ensure that nursing standards were met for transcription of physician's orders for medications, failure to maintain an infection control program designed to promote a safe, sanitary and comfortable environment to help prevent the development and transmission of disease and infection, failure to prepare, distribute and serve food under sanitary conditions, failure to ensure that the residents' environment remained free from accident hazards, failure to provide the necessary care and services as ordered by the physician, failure to consult with the physician regarding a change in condition; on March 8, 2012 for failure to ensure the facility was free of a medication error rate of 5% or greater, failure to prevent the spread of infection, failure to ensure personal privacy and confidentiality of residents' personal records, failure to promote care for residents in a manner and environment that maintains residents' dignity, failure to provide timely and necessary care and services; and on October 17, 2012 for failure to provide the necessary care and services as ordered by the physician. 24 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08108114 Page 28 of 34 92. As a direct and proximate result of the Defendants' acts and omissions, and their breach of the duty of care, negligence, carelessness and recklessness, Hazel E. Lewis suffered (a) severe permanent physical injuries resulting in pain, suffering, disfigurement, (b) mental anguish, embarrassment, humiliation, degradation, emotional distress, and loss of personal dignity, (c) loss of capacity for enjoyment of life, and (d) expense of otherwise unnecessary hospitalizations and medical care. 93. In causing the aforementioned injuries, the Defendants knew, or should have known, that Hazel E. Lewis would suffer such harm. 94. The conduct of the Defendants was intentional, outrageous, willful and wanton, and exhibited a reckless indifference to the health and well-being of Hazel E. Lewis. 95. The conduct of the Defendants was such that an award of punitive damages is justified. WHEREFORE, Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis, respectfully requests that judgment be entered in her favor, and against Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other relief that this Honorable Court deems appropriate given the circumstances. A jury trial is demanded. V. COUNT TWO NEGLIGENCE PER SE FOR VIOLATIONS OF NEGLECT OF A CARE -DEPENDENT PERSON, 18 Pa.C.S.A. § 2713 Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis v. Golden Gate National Senior Care, LLC; GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 25 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 29 of 34 96. Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 97. At all tines pertinent hereto, there was in full force and effect 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person," which set forth penal consequences for neglect of a care - dependent person. 98. 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" expresses the fundamental public policy of the Commonwealth of Pennsylvania that elders, like children, 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. 99. At all times pertinent hereto, Hazel E. Lewis was a care dependent resident of the Defendants' Facility, Golden Living Center - Camp Hill, and thus fell within the class of persons 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" was intended to protect, thus entitling Plaintiff to adopt 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" as the standard of care for measuring the Defendants' conduct. 100. Additionally, 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" is directed, at least in part, to obviate the specific kind of harm which Hazel E. Lewis sustained. 101. The Defendants, in accepting the responsibility for caring for Hazel E. Lewis as aforesaid, were negligent "per se" and violated 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" in that they: a. failed to provide treatment, care, goods and services necessary to preserve the health, safety or welfare of Hazel E. Lewis for whom they were responsible to provide care as specifically set forth in this Complaint; 26 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 30 of 34 102. As a direct result of the aforesaid negligence "per se" of the Defendants, Hazel E. Lewis was caused to sustain serious personal injuries and damages as aforesaid. 103. The conduct of the Defendants, and each of them, as specifically set forth in this Complaint, was outrageous, inconsistent with and intolerable given the norms of modem society and as such, Plaintiff requests punitive damages in addition to all other damages as aforesaid. WHEREFORE, Plaintiff, Loretta E. Lewis, Attorney -in -Fact . for Hazel E. Lewis, respectfully requests that judgment be entered in her favor, and against Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other relief that this Honorable Court deems appropriate given the circumstances. A jury trial is demanded. VI. COUNT THREE NEGLIGENCE PER SE FOR VIOLATIONS OF THE PENNSYLVANIA OLDER ADULTS PROTECTIVE SERVICES ACT, 35 P.S. §10225.101, et seq. Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis v. Golden Gate National Senior Care, LLC; GGNSC Camp Hill 1II, LP d/b/a Golden Living Center — Camp Hill; GPH Camp Hill III, LP; GGNSC Camp Hill III GP, LLC; GGNSC Equity Holdings, LLC; GGNSC Equity Holdings II, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; GGNSC Holdings, LLC; and Golden Gate Ancillary, LLC 104. Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 105. At all times pertinent hereto, there was in full force and effect 35 P.S. §10225.101, et seq., "Pennsylvania Older Adults Protective Services Act," which sets forth civil penalties, administrative penalties and other consequences for abuse of a care -dependent person. 106. 35 P.S. §10225.102, expresses the policy of the Commonwealth of Pennsylvania that: 27 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 31 of 34 ...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 while protecting them from abuse, neglect, exploitation and abandonment. It is the intent of the General 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. 107. At all times pertinent hereto, Hazel E. Lewis was an older person who was a resident of Defendants' Facility, Golden Living Center - Camp Hill, who lacked the capacity to protect herself and thus fell within the class of persons 35 P.S. §10225.101, et seq. was intended to protect, thus entitling Plaintiff to adopt 35 P.S. §10225.101, et seq. as the standard of care for measuring the Defendants' conduct. 108. Additionally, the Pennsylvania Older Adults Protective Services Act is directed, at least in part, to obviate the specific kind of harm which Hazel E. Lewis sustained. 109. In addition to the aforesaid negligence, which said negligence is specifically incorporated herein, the Defendants, in accepting the responsibility for caring for Hazel E. Lewis as aforesaid, were negligent "per se" and violated 35 P.S. §10225.101, et seq. in that they had reasonable cause to suspect that Hazel E. Lewis was the victim of abuse or neglect and failed to report said abuse and neglect to the appropriate agency and law enforcement officials. 110. As a direct result of the aforesaid negligence "per se" of the Defendants, Hazel E. Lewis was caused to sustain serious personal injuries and damages as aforesaid. 111. The conduct of Defendants, and each of them, as specifically set forth in this Complaint, was outrageous, inconsistent with and intolerable given the norms of modern society and as such, Plaintiff requests punitive damages in addition to all other damages as aforesaid. 28 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 32 of 34 WHEREFORE, Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis, respectfully requests that judgment be entered in her favor, and against Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other relief that this Honorable Court deems appropriate given the circumstances. A jury trial is demanded. BY: Respectfully Submitted, WILKES & McHUGH, P.A. Andrei Govorov, Esquire Attorney for Plaintiff, Loretta E. Lewis, Attorney -in -Fact for Hazel E. Lewis 29 Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 33 of 34 VERIFICATION The undersigned, having read the attached pleading, verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of signer. Signer verifies that signer has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleading are not that of signer, signer has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification of authorities. Dated: July 2, 2014 Loretta E. Lewis, as Attorney -in -Fact for Hazel E. Lewis Case 1:14-cv-01558-JEJ Document 1-2 Filed 08/08/14 Page 34 of 34 CERTIFICATE OF SERVICE I, Andrei Govorov, attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Plaintiff's Complaint in Civil Action and Notice to Defend was served via First Class Mail on counsel for defendant: Jacqueline M. Carolan, Esquire FOX ROTHSCHILD LLP 2000 Market Street, Twentieth Floor Philadelphia, PA 19103-3222 (Attorney for Defendants) Date: 7 By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, : NO. Plaintiff, v. GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants • DISCLOSURE STATEMENT FORM GOLDEN GATE NATIONAL SENIOR CARE, LLC Please check one box: 0 The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. O The nongovernmental corporate party, Golden Gate National Senior Caret LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attomey-in-Fact for : CIVIL ACTION HAZEL E. LEWIS, Plaintiff, v. : NO. GOLDEN GATE NATIONAL SENIOR CARE, : LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL Please check one box: 0 The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. 0 The nongovernmental corporate party, GGNSC Camp Hill III, LP d/b/a Golden Living Center — Camp Hill, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, Plaintiff, v. : NO. GOLDEN GATE NATIONAL SENIOR CARE, : LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GPH CAMP HILL III, LP Please check one box: 0 The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. 0 The nongovernmental corporate party, GPH Camp Hill III, LP in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 1 0% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. Dated: August 8, 2014 /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, : NO. Plaintiff, v. GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GGNSC CAMP HILL III GP, LLC Please check one box: 0 The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. 0 The nongovernmental corporate party, GGNSC Camp Hill III GP, LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 1 0% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP, 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, Plaintiff, v. : NO. GOLDEN GATE NATIONAL SENIOR CARE, : LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GGNSC EQUITY HOLDINGS, LLC Please check one box: ❑ The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. 0 The nongovernmental corporate party, GGNSC Equity Holdings, LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, NO. Plaintiff, v. GOLDEN GATE NATIONAL SENIOR CARE, : LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GGNSC EQUITY HOLDINGS II, LLC Please check one box: ❑ The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. The nongovernmental corporate party, GGNSC Equity Holdings II, LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, : NO. Plaintiff, v. , GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GGNSC ADMINISTRATIVE SERVICES„ LLC Please check one box: 0 The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. CI The nongovernmental corporate party, GGNSC Administrative Services, LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, Plaintiff, v. : NO. GOLDEN GATE NATIONAL SENIOR CARE, : LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GGNSC CLINICAL SERVICES, LLC Please check one box: 0 The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. 0 The nongovernmental corporate party, GGNSC Clinical Services, LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, : NO. Plaintiff, v. GOLDEN GATE NATIONAL SENIOR CARE, LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GGNSC HOLDINGS, LLC Please check one box: 0 The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. O The nongovernmental corporate party, GGNSC Holdings, LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LORETTA E. LEWIS, as Attorney -in -Fact for : CIVIL ACTION HAZEL E. LEWIS, NO. Plaintiff, v. GOLDEN GATE NATIONAL SENIOR CARE, : LLC; GGNSC CAMP HILL III, LP d/b/a GOLDEN LIVING CENTER — CAMP HILL; GPH CAMP HILL III, LP; GGNSC CAMP HILL III GP, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GGNSC HOLDINGS, LLC; and GOLDEN GATE ANCILLARY, LLC, Defendants DISCLOSURE STATEMENT FORM GOLDEN GATE ANCILLARY, LLC Please check one box: ❑ The nongovernmental corporate party, in the above listed action does not have any parent corporation and publicly held corporation that owns 10% or more of its stock. 0 The nongovernmental corporate party, Golden Gate Ancillary, LLC, in the above listed action has the following parent corporation(s) and publicly held corporation(s) that owns 10% or more of its stock: Drumm Corp., a Delaware corporation, as indicated in the notice herewith. /s/ Eric E. Reed Jacqueline M. Carolan, Esquire Eric E. Reed, Esquire Fox Rothschild LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3291 Attorneys for Defendants Dated: August 8, 2014