Loading...
HomeMy WebLinkAbout14-7367 Supreme Co.,"' floffg,ennsylvania I Coup {ICO�tTit1NQ ]eas For Prothonotary Use Only: Cl< il z�ver�Sheet Docket No: CUMEERNb' COUIlt}' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S IM Complaint © Writ of Summons ® Petition ® Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Dona Sulpizio,as Administratrix for the Estate of Zopito Golden Gate National Senior Care, LLC T Dollar Amount Requested: ®within arbitration'limits I Are money damages requested? 0 Yes 0 No (check one) ®x outside arbitration limits Q N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? [3 Yes IM No A, Name of Plaintiff/Appellant's Attorney: Andrei Govorov, Esquire ® Check here if you have no attorney(are a Self-Represented CPro Ser Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your 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 0 Intentional © Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment ® Motor Vehicle ®Debt Collection:Other ® Board of Elections Nuisance E] Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S E3Product Liability(does not include mass tort} ® Employment Dispute: E Discrimination ® Slander/Libell Defamation C ® Other: ® Employment Dispute:Other Q Zoning Board T, Other: x © Other: 0 MASS TORT ® Asbestos N [3Tobacco © Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Q Ejectment ® Common Law/Statutory Arbitration ® Other: ® Eminent Domain/Condemnation Declaratory Judgment ® Ground Rent ® Mandamus © Landlord/Tenant Dispute ©Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Qua Warranto ® Dental ®Partition ®Replevin ® Legal ®Quiet Title ©Other: ® Medical ® Other: El Other Professional: Nursing Nome Negligence Updated 1/1/2011 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 Counsel for Plaintiff, Dona Sulpizio, 215-972-0580 (fax) Administratrix for the Estate of Zopito John Email: agovorov@wilkesmchugh.com Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administratrix for The CIVIL DIVISION Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, , NO.: -vs- COMPLAINT IN CIVIL ACTION GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER— CD WEST SHORE; GPH CAMP HILL WEST ,. -a SHORE, GPH CAMP HILL WEST SHORE LP; GGNSC CAMP HILL WEST SHORE GP, 76, = LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC _T�, ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY LLC; and --+ BEVERLY FRY,N.H.A. Defendants. JURY TRIAL DEMANDED �11s•75,� IN THE COURT OF COMMON PLEAS OF'CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administratrix for The CIVIL DIVISION Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, NO.: -vs- COMPLAINT IN CIVIL ACTION GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER— WEST SHORE; GPH CAMP HILL WEST SHORE,.GPH CAMP HILL WEST SHORE LP; GGNSC CAMP HILL WEST SHORE GP, LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY,N.H.A. Defendants. 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. 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 Counsel for Plaintiff, Dona Sulpizio, 215-972-0580 (fax) Administratrix for the Estate of Zopito John Email: agovorov@wilkesmchugh.com Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,. PENNSYLVANIA DONA SULPIZIO, as Administratrix for CIVIL DIVISION The Estate of ZOPITO JOHN SULPIZIO, deceased NO.: 222 Hamilton Street Harrisburg, Pennsylvania 17102 Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC CAMP HILL WEST SHORE LP d/b/a GOLDEN LIVING CENTER—WEST SHORE 770 Poplar Church Road Camp Hill, Pennsylvania 17011 and GPH CAMP HILL WEST SHORE LP 1000 Fianna Way Fort Smith, AR 72919 and GGNSC CAMP HILL WEST SHORE GP, LLC 1000 Fianna Way Fort Smith, AR 72919 and GGNSC HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and GGNSC EQUITY HOLDINGS, 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 GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 and BEVERLY FRY, NHA 770 Poplar Church Road Camp Hill, Pennsylvania 17011 Defendants. COMPLAINT IN CIVIL ACTION (The Complaint Includes a Medical Professional Liability Action) Plaintiff, Dona Sulpizio, Administratrix for The Estate of Zopito John Sulpizio, deceased, 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. Zopito John Sulpizio, an adult individual, was a resident at the skilled nursing facility commonly known as Golden Living Center - West Shore (hereinafter "the Facility") for a period of time that ended on November 15, 2013. 2. Dona Sulpizio, sister of Zopito John Sulpizio, is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 222 Hamilton Street, Harrisburg, Pennsylvania 17102. 2 3. Dona Sulpizio was appointed Administratrix for the Estate of Zopito John Sulpizio, deceased, on August 8, 2014 by the Register of Wills of Dauphin County. B. Defendants, Golden Gate National Senior Care, LLC; GGNSC Camp Hill West Shore, LP d/b/a Golden Living Center—West Shore, GPH Camp Hill West Shore, LP; GGNSC Camp Hill West Shore GP, LLC; GGNSC Holdings, LLC; GGNSC Equity Holdings, LLC; GGNSC Administrative Services,LLC; GGNSC Clinical Services, LLC; Golden Gate Ancillary,LLC; and Beverly Fry, N.H.A. 4. Defendant, Golden 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 - West. Shore, 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 Zopito John Sulpizio and in the operation of the Facility. 6. Defendant, GGNSC Camp Hill West Shore, LP d/b/a Golden Living Center - West Shore, is a corporation, duly licensed, organized and existing under and by virtue of the 3 laws of Pennsylvania, with offices and a place of business located at 770 Poplar Church Road, Camp Hill, Pennsylvania 1.7011. 7. Defendant, GGNSC Camp Hill West Shore, LP d/b/a Golden Living Center - West Shore, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - West Shore, 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 Zopito John Sulpizio and in the operation of the Facility. 8. Defendant, GPH Camp Hill West Shore LP, 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 1000 Fianna Way, Fort Smith, Arkansas 72919. 9. Defendant, GPH Camp Hill West Shore LP, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - West Shore, 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 4 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 Zopito John Sulpizio and in the operation of the Facility. 10. Defendant, GGNSC Camp Hill West Shore 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 1000 Fianna Way, Fort Smith, Arkansas 72919. 11. Defendant, GGNSC Camp Hill West Shore GP, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - West Shore, 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 Zopito John Sulpizio and in the operation of the Facility. 5 12. 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. 13. Defendant, GGNSC Holdings, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - West Shore, 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 Zopito John Sulpizio and in the operation of the Facility. 14. 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. 15. Defendant, GGNSC Equity Holdings, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - West Shore, 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, 6 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 Zopito John Sulpizio 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 - West Shore, 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 Zopito John Sulpizio and in the operation of the Facility. 7 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. 19. Defendant, GGNSC Clinical Services, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - West Shore, 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 Zopito John Sulpizio and in the operation of the Facility. 20. 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. 21. Defendant, Golden Gate Ancillary, LLC, is engaged in the business of owning, operating and/or managing nursing homes, including Golden Living Center - West Shore, 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, 8 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 Zopito John Sulpizio and in the operation of the Facility. 22. Defendant, Beverly Fry, is an individual, who resides at 770 Poplar Church Road, Camp Hill, Pennsylvania 17011. Upon information and belief at all relevant times herein, Beverly Fry was the licensed Nursing Home Administrator of the Facility during the residency of Zopito John Sulpizio, and is therefore personally, jointly and vicariously liable, among other things, for the acts and omissions of herself and her agents, employees, servants, contractors, staff, and/or partners and all other Defendants, played a role in the care provided to Zopito John Sulpizio and in the operation of the Facility. 23. 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 Zopito John Sulpizio, such duties being conferred by statute, existing at common law, and/or being voluntarily assumed by each Defendant. 24. 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. 9 II. JURISDICTION AND VENUE 25. 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. M. FACTUAL BACKGROUND A. Conduct of the Defendants 26. Prior to his discharge on November 15, 2013, Zopito John Sulpizio was a resident of the Defendants' facility.] 27. Zopito John Sulpizio was incapable of independently providing for all of his daily care and personal needs without reliable assistance. In exchange for financial consideration, he was admitted to Defendants' Facility to obtain such care and protection. 28. 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 Zopito John Sulpizio. 29. Defendants assumed responsibility for Zopito John Sulpizio's total healthcare, including the provision of nutrition, hydration, activities of daily living, medical, skilled nursing, rehabilitation, and therapy. 30. Defendants further assumed responsibility to provide Zopito John Sulpizio with ordinary custodial and hygiene services. 31. Defendants exercised complete and total control over the healthcare of all 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 residents of the Facility, including Zopito John Sulpizio. 32. 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. 33. 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. 34. 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. 35. 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. 36. As a part of their duties and responsibilities, Defendants had an obligation to 11 establish policies and procedures that addressed the needs of the residents of the Facility, including Zopito John Sulpizio, with respect to the recognition and/or treatment of medical conditions, such as those experienced by Zopito John Sulpizio, so as to ensure that timely and appropriate care was provided for such conditions whether within the Facility, or obtained from other medical providers. 37. 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. 38. 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 Zopito John Sulpizio as set forth herein. 39. 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 Zopito John Sulpizio, whether within the Facility, or obtained from other medical care providers. 40. 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, including Zopito John Sulpizio. 41. In their efforts to maximize profits, Defendants negligently, intentionally and/or recklessly mismanaged and/or reduced staffing levels below the level necessary to provide 12 adequate care to the residents. 42. 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 Zopito John Sulpizio. 43. Defendants intentionally increased the number of sick, elderly and frail residents with greater health problems requiring more complex medical care. 44. 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. 45. 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 Zopito John Sulpizio. 46. Defendants failed to provide the resources necessary, including sufficient staff, to meet the needs of the residents, including Zopito John Sulpizio. 47. 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. 48. 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. 13 49. 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 Zopito John Sulpizio. 50. 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. 51. The aforementioned acts directly caused injury to Zopito John Sulpizio and were known by the Defendants. 52. Defendants knowingly sacrificed the quality of care received by all residents, including Zopito John Sulpizio, by failing to manage, care, monitor, document, chart, prevent, diagnose and/or treat the injuries and illnesses suffered by Zopito John Sulpizio, as described herein, which included incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage 11 right buttock pressure ulcer, C. diff colitis,poor hygiene, severe pain and ultimately death. 53. 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. 54. At all times material hereto, the Defendants were operating personally or through their agents, servants, workers, employees, contractors, subcontractors, staff, and/or principals, who acted with actual, apparent and/or ostensible authority, and all of whom were acting within 14 the course and scope of their employment and under the direct and exclusive control of the Defendants. 55. 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 Zopito John Sulpizio. 56. 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. 57. 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 Zopito John Sulpizio at the Facility 58. Plaintiff is not seeking damages for the portions of Zopito John Sulpizio's residency that fall outside of the applicable statute of limitations, as ultimately construed by this Court. However, Plaintiff asserts that, pursuant to Pa.R.E. §404(b), evidence of prior injuries and negligence of the Defendants which pre-dates the applicable damages period are still relevant for determining Defendants' knowledge, notice, habit, routine, pattern, practice, and absence of mistake. 59. Upon admission to the Facility and during the relevant time period, Zopito John Sulpizio was dependent upon the staff for his physical, mental, psycho-social, medical, nursing 15 and custodial needs, requiring total assistance with activities of daily living, and he had various illnesses and conditions that required evaluation and treatment. 60. Zopito John Sulpizio was at risk for future illnesses and injuries, including, incontinence, infections, and severe pain. 61. Defendants engaged in a pattern of care replete with harmful and injurious commissions, omissions and neglect as described herein. 62. Defendants deprived Zopito John Sulpizio of adequate care, treatment, food, water and medicine and caused him to suffer numerous illnesses and injuries, which included incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death. 63. The severity of the negligence inflicted upon Zopito John Sulpizio by the Defendants, accelerated the deterioration of his health and physical condition, and resulted in physical and emotional injuries that caused him severe pain, suffering and mental anguish, together with unnecessary hospitalizations, and death. 64. These injuries, as well as the conduct specified herein, caused Zopito John Sulpizio to suffer a loss of personal dignity, together with degradation, anguish and emotional trauma. 65. On October 19, 2013, Mr. Sulpizio was noted with yellow emesis with coughing, an elevated temperature of 102 degrees. A chest X-ray revealed multifocal pneumonia. 66. Thereafter, Mr. Sulpizio was hospitalized on October 20, 2013, with pneumonia, and an infected PICC line positive for Enterobacter aerogenes bacteremia. 16 67. On October 29, 2013, Mr. Sulpizio was noted at 1:30 am to be bleeding from his newly placed VAS catheter site and was sent to Harrisburg Hospital ER when heavy bleeding continued and returned to the Facility at 11:30 am. 68. On November 5, 2013, a Wound Care Nurse met with Mr. Zopito. His skin was slightly reddened, blanchable at testicles, with mild denuding present around the anus. 69. On November 15, 2013,. Mr. Sulpizio was noted to have worsening denuding on his sacral area. 70. Later on November 15, 2013, Mr. Sulpizio was noted to suffer a change in condition due to an episode with emesis and with blood in his stool. Thereafter, Mr. Sulpizio was sent to the emergency room. 71. On November 15, 2013, Mr. Sulpizio's skin was assessed and the hospital's Integumentary Documentation noted two Stage II pressure ulcers to Mr. Sulpizio's buttocks and a Stage III-IV pressure ulcer to Mr. Sulpizio's sacrum. 72. On November 16, 2013, Mr. Sulpizio was admitted to the hospital where he was found to have incontinence-associated dermatitis (perianal), a pressure ulcer to his sacrum measuring 0.4 x 0.2 cm with a pink/red base and serous drainage noted as a Stage II, and a pressure sore to his right buttock measuring 0.2 x 0.3 cm noted as a Stage 1, and was positive for C. diff colitis infection. Mr. Sulpizio did not return to the Facility. 73. Mr. Sulpizio passed away on November 17, 2013. Mr. Sulpizio's Death Certificate notes a cause of death as Sepsis secondary to Clostridium difficile infection 74. Defendants accepted Zopito John Sulpizio as a resident fully aware of his medical history and understood the level of nursing care he required. 75. Zopito John Sulpizio's chart includes and evidences missing and incomplete 17 documentation. 76. The severity of the negligence inflicted upon Zopito John Sulpizio by the Defendants' 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 Zopito John Sulpizio to suffer incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death. 77. As a result of the negligence, carelessness and recklessness of the Defendants herein described, Zopito John Sulpizio was caused to suffer serious and permanent injuries as described herein, to, in and about his body and possible aggravation and/or activation of any pre- existing conditions, illnesses, ailments, or diseases he had, and/or the accelerated deterioration of his health, physical and mental condition, and a loss of the ordinary pleasures of life, a loss of dignity, humiliation, and more particularly, incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C diff colitis, poor hygiene, severe pain and ultimately death, along with other body pain and damage, as well as anxiety, reaction and injury to his nerves and nervous system, some or all of which were permanent, together with other medical complications. 18 IV.COUNT ONE Dona Sulpizio, Administratrix for The Estate of Zopito John Sulpizio, deceased V. Golden Gate National Senior Care, LLC; GGNSC Camp Hill West Shore, LP d/b/a Golden Living Center—West Shore, GPH Camp Hill West Shore, LP; GGNSC Camp Hill West Shore GP, LLC; GGNSC Holdings,LLC; GGNSC Equity Holdings, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; Golden Gate Ancillary, LLC; and Beverly Fry, N.H.A. 78. Plaintiff incorporates herein by reference the preceding paragraphs as though the same were more fully set forth at length herein. 79. Upon accepting Zopito John Sulpizio as a resident at the Facility, Defendants individually and jointly assumed direct, non-delegable duties to Zopito John Sulpizio to provide him with adequate and appropriate healthcare, as well as basic custodial and hygiene services, as set forth herein. 80. If Defendants were unable or unwilling to meet the needs of Zopito John Sulpizio, they had an affirmative duty and legal obligation to discharge Zopito John Sulpizio from the Facility. 81. Defendants had the ultimate responsibility of ensuring that the rights of the residents, including Zopito John Sulpizio, were protected. 82. Defendants owed a non-delegable duty to provide adequate and appropriate medical, skilled nursing, rehabilitation, therapy and custodial care services and supervision to Zopito John Sulpizio and other residents, such as reasonable caregivers would provide under similar circumstances. 83. Defendants each owed a non-delegable duty to the Facility's residents, including Zopito John Sulpizio, 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 19 reasonable manner. 84. Defendants, by and through their agents, employees, and/or servants each owed a duty of care to Zopito John Sulpizio to exercise the appropriate skill and care of licensed physicians, nurses,nurse aides, directors of nursing, and/or nursing home administrators. 85. Defendants each owed a duty and responsibility to furnish Zopito John Sulpizio with appropriate and competent medical, skilled nursing, rehabilitation, therapy and custodial care services. 86. Defendants each owed and failed to fulfill the following duties to Zopito John Sulpizio: the duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; 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 20 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. 87. 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. 88. Defendants each authored, produced and/or received frequent reports detailing the number and types of injuries, illnesses, and infections sustained by Zopito John Sulpizio and the residents in the Facility. 89. 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 Zopito John Sulpizio, Defendants failed to take steps to prevent the occurrence of said injuries, illnesses, and/or infections. 90. The Defendants knew, or should have known, of the aforementioned problems that were occurring with the care of Zopito John Sulpizio, as they were placed on actual and/or constructive notice of said problems, through Defendants' own reports and through governmental/state surveys. 91. 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 Zopito John Sulpizio. 21 92. 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 Zopito John Sulpizio. 93. 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 Zopito John Sulpizio, and through the administrative personnel responsible for hiring, retaining and/or dismissing staff, staff supervision and policy-making and enforcement, as well as any agents, servants, employees, contractors, subcontractors and/or consultants of the Defendants were exhibited in the following acts and omissions in the care and treatment of Zopito John Sulpizio: a. failure to hire, utilize, train and retain sufficient staff to meet the residents' needs, including those of Zopito John Sulpizio, which caused Zopito John Sulpizio to suffer incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death; b. failure to provide adequate hygiene to prevent infection, to keep Zopito John Sulpizio clean and to preserve his dignity; C. failure to turn and reposition Zopito John Sulpizio at least once every two hours, and more often if and when required; d. failure to consistently provide Zopito John Sulpizio with adequate pressure- relieving assistive devices, including special mattresses, beds, and seat cushions; e. failure to accurately, adequately and consistently monitor, stage, treat and provide care to Zopito John Sulpizio's pressure sores; f. failure to ensure that Zopito John Sulpizio did not suffer from new pressure sores 22 and failure to ensure that his existing pressure sores did not worsen, as required by the standard of care; g. failure to develop, implement and administer to Zopito John Sulpizio appropriate infection control policies, procedures and techniques; h. failure to ensure that Zopito John Sulpizio did not needlessly suffer from preventable and treatable pain; i. failure to ensure that Zopito John Sulpizio received his physician-ordered medications in accordance with his physicians' orders; j. failure to ensure that Zopito John Sulpizio received his physician-ordered treatments in accordance with his physicians' orders; k. failure to timely and appropriately notify Zopito John Sulpizio's physician(s) and consulting specialists when he experienced significant changes in his condition, contributing to Zopito John Sulpizio's injuries and illnesses, including incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage Il right buttock pressure ulcer, C. diff colitis,poor hygiene, severe pain and ultimately death; 1. failure to obtain new or modified physician orders when Zopito John Sulpizio's changes in condition required the same; in. failure to timely and appropriately notify Zopito John Sulpizio's family and personal representatives when he experienced significant changes in his condition, contributing to Zopito John Sulpizio's injuries and illnesses, including incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis,poor hygiene, severe pain and ultimately death; n. failure to provide adequate and appropriate nutrition and hydration to prevent Zopito John Sulpizio from suffering from weight loss and malnutrition; o. failure to accurately and consistently document Zopito John Sulpizio's needs and the care and services provided to him in response to such needs; P. failure to prevent fraudulent documentation and allowing the Defendants' staff to chart that they provided care to Zopito John Sulpizio on non-existent days, on days when the charting staff member was not actually at work, and/or on days when Zopito John Sulpizio was not even in Defendants' Facility; q. failure to ensure that Zopito John Sulpizio did not develop serious and permanent injuries to, in and about his body and possible aggravation and/or activation of any pre-existing conditions, illnesses, ailments, or diseases he had, and/or 23 accelerated the deterioration of his health, physical and mental condition, and more particularly, when he suffered incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death; r. failure to respond in a timely manner with appropriate medical, nursing and custodial care when Zopito John Sulpizio was injured, including when he experienced incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death, when Defendants knew or should have known that Zopito John Sulpizio was at risk for the same; S. failure to ensure that each resident, including Zopito John Sulpizio, 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; t. failure to ensure that the Defendants used the results of its assessments to develop, review and revise Zopito John Sulpizio's comprehensive plan of care, U. failure to develop, implement and administer to Zopito John Sulpizio an appropriate, comprehensive and individualized care plan that included measurable objectives and timetables to meet his 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 his highest practicable physical, mental, and psychosocial well-being, causing Zopito John Sulpizio to suffer incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage 11 right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death; V. 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 Zopito John Sulpizio, 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 Zopito John Sulpizio, in accordance with the residents' care plans; W. 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; 24 X. failure to ensure that the services provided or arranged by the Facility were provided by qualified persons in accordance with each resident's written plan of care; Y_ 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 Zopito John Sulpizio from suffering from incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death; Z. failure to formulate, adopt and enforce adequate rules, procedures and policies to prevent Zopito John Sulpizio from suffering incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death; aa. failure to refer Zopito John Sulpizio to the necessary medical specialists in a timely manner who would have properly diagnosed and/or treated his condition; bb. failure to provide Zopito John Sulpizio with the necessary care and services to allow him to attain or maintain the highest practicable physical, mental and psychological well-being; cc. failure to implement a budget that properly funded the Facility and allowed the Facility to provide adequate and appropriate healthcare to Zopito John Sulpizio, including adequate staff and supplies; dd. grossly understaffing the Facility; ee. failure to take appropriate steps to remedy continuing problems at the Facility that Defendants knew were occurring with Zopito John Sulpizio'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; ff. 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, gg. in committing the acts and omissions herein, acting in a grossly negligent manner, with reckless indifference to the rights and safety of Zopito John Sulpizio. 94. Upon information and belief, Defendants' owners, officers, directors, partners, 25 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. 95. Upon information and belief, the Defendants, including their owners, officers, directors, partners, members, managers and employees, knew that they had been cited by governmental units regarding Golden Living Center - West Shore on October 21, 2010, for the failure to implement its abuse prevention policies for one licensed nursing employee, failure to ensure that call bells were accessible, failure to ensure that residents who were fed by a gastrostomy tube received the appropriate treatment and services; on January 12, 2011, for failure to notify resident's legal representative of an incident which resulted in an injury, failure to follow their reporting policies for injuries of unknown source; on January 20, 2011 for failure to provide a safe environment; on February 1, 2011, for failure to provide adequate supervision and oversight in a manner that ensured the safety of the residents in the facility; on March 3, 2011, for failure to ensure a resident was free from any significant medication errors; on May 27, 2011, for failure to ensure that clinical records were complete and accurate; on September 29, 2011, for failure to provide a clean, homelike environment, failure to provide timely and necessary care and services, failure to ensure that residents received adequate supervision to prevent accidents and that the environment stayed free from accident hazards as possible, failure to accurately complete an assessment, failure to ensure the privacy of the residents, failure to ensure that each resident's clinical record, upon discharge, contained a discharge summary including final diagnosis and prognosis; on March 30, 2012, for failure to coordinate the necessary care and services in a timely manner; on October 26, 2012, for failure to provide a sanitary environment for the residents, staff and the public, failure to maintain an effective pest control program to ensure the facility is free of pests, failure to notify the physician of changes in 26 condition, failure to update the care plan to reflect needs and interventions, failure to follow physician orders, failure to maintain accurate clinical records; on December 28, 2012, for failure to provide adequate notice prior to a room change, failure to implement physician recommendations in a timely manner; on April 2, 2013, for failure to notify the physician of a resident's change in condition, failure to assess and implement interventions in response to a change in condition, failure to accurately and completely document a change in status; on May 15, 2013, for failure to provide adequate supervision to prevent accidents, failure to maintain an Infection Control Program designed to provide a sanitary environment, failure to maintain accurate clinical records in accordance with accepted professional standards, failure to maintain an effective pest control program, failure to maintain a sanitary environment for residents, staff and the public, failure to fully inform in advance about care and treatments that may affect the resident's well-being, failure to promote care for residents that enhances their dignity; on October 3, 2013 for the failure to provide a clean, safe and comfortable environment with the elimination of institutional odors, failure to maintain an Infection Control Program designed to provide a sanitary environment, failure to provide the necessary care and services as ordered by the physician, failure to serve food under sanitary conditions, and failure to ensure that the drug regimen review recommendation was acted upon; and on October 10, 2013, for the failure to consistently implement interventions designed to prevent pressure sore development and promote optimal healing, failure to prevent a medication error rate of 5% or greater, failure to resolve grievances, failure to investigate an injury of unknown source to ensure that there was no evidence of abuse, failure to follow the restorative nursing program for dining, failure to provide residents with a safe physical environment in order to prevent potential accidents/injuries, failure to ensure that the resident is free from significant medication errors and administer medications 27 a as ordered by the physician, and failure to provide pharmacy services to ensure the accurate acquisition, dispensing and administration of drugs to meet the needs of each resident. 96. As a direct and proximate result of the Defendants' acts and omissions, and their breach of the duty of care, negligence, carelessness and recklessness, Zopito John Sulpizio suffered (a) severe permanent physical injuries resulting in pain, suffering, disfigurement and death, (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. 97. In causing the aforementioned injuries, the Defendants knew, or should have known, that Zopito John Sulpizio would suffer such harm. 98. 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. 99. 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. 100. At all times pertinent hereto, Zopito John Sulpizio was a care dependent resident of the Defendants' Facility, Golden Living Center - West Shore, 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. 28 101. 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 Zopito John Sulpizio sustained. 102. The Defendants, in accepting the responsibility for caring for Zopito John Sulpizio 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 Zopito John Sulpizio for whom they were responsible to provide care as specifically set forth in this Complaint; 103. 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. 104. 35 P.S. §10225.102, expresses the policy of the Commonwealth of Pennsylvania that: ...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. 105. At all times pertinent hereto, Zopito John Sulpizio was an older person who was a resident of Defendants' Facility, Golden Living Center - West Shore, who lacked the capacity to protect himself and thus fell within the class of persons 35 P.S. §10225.101, et seq. was intended 29 to protect, thus entitling Plaintiff to adopt 35 P.S. §10225.101, et seq. as the standard of care for measuring the Defendants' conduct. 106. Additionally, the Pennsylvania Older Adults Protective Services Act is directed, at least in part, to obviate the specific kind of harm which Zopito John Sulpizio sustained. 107. In addition to the aforesaid negligence, which said negligence is specifically incorporated herein, the Defendants, in accepting the responsibility for caring for Zopito John Sulpizio as aforesaid, were negligent "per se" and violated 35 P.S. §10225.101, et seq. in that they had reasonable cause to suspect that Zopito John Sulpizio was the victim of abuse or neglect and failed to report said abuse and neglect to the appropriate agency and law enforcement officials. 108. As a direct result of the aforesaid negligence "per se" of the Defendants, Zopito John Sulpizio was caused to sustain serious personal injuries and damages as aforesaid. 109. The conduct of the Defendants was intentional, outrageous, willful and wanton, and exhibited a reckless indifference to the health and well-being of Zopito John Sulpizio. 110. The conduct of the Defendants was such that an award of punitive damages is justified. WHEREFORE, Plaintiff, Dona Sulpizio, Administratrix for the Estate of Zopito John Sulpizio; deceased, 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. 30 y 7. V. COUNT TWO Dona Sulpizio,Administratrix for The Estate of Zopito John Sulpizio, deceased V. Golden Gate National Senior Care, LLC; GGNSC Camp Hill West Shore, LP d/b/a Golden Living Center—West Shore, GPH Camp Hill West Shore, LP; GGNSC Camp Hill West Shore GP,LLC; GGNSC Holdings,LLC; GGNSC Equity Holdings, LLC; GGNSC Administrative Services,LLC; GGNSC Clinical Services, LLC; Golden Gate Ancillary, LLC; and Beverly Fry, N.H.A. 111. Plaintiff hereby incorporates by reference the preceding paragraphs as though the same were more fully set forth at length herein. 112. Plaintiff, Dona Sulpizio, brings this action on behalf of the decedent's estate under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8302, known as the Survival Statute, to recover all damages legally appropriate thereunder. 113. The following persons are entitled to share under this cause of action in the estate of said decedent, Zopito John Sulpizio: Barbara Sulpizio, spouse; Brian Sulpizio, son; Jenise Sulpizio, daughter. 114. Plaintiff's decedent, Zopito John Sulpizio, did not bring any action during his lifetime, nor has any other action been commenced on behalf of Plaintiff's decedent, Zopito John Sulpizio, against the Defendants herein. 115. Plaintiff, Dona Sulpizio, claims damages for the conscious pain and suffering including mental and physical pain, suffering and inconvenience, loss of life's pleasures and aggravation of pre-existing medical conditions, and expense of otherwise unnecessary hospitalizations undergone by Zopito John Sulpizio, up to and including the time of his death, which was caused by the Defendants' breach of duties, negligence, carelessness and recklessness. 116. Plaintiff, Dona Sulpizio, claims damages for the fright and mental suffering 31 attributable to the peril leading to the physical manifestation of mental injuries, physical injuries, incontinence-associated dermatitis, sepsis, Enterobacter aerogenes bacteremia, pneumonia, a Stage III-IV sacral pressure ulcer, a Stage II right buttock pressure ulcer, C. diff colitis, poor hygiene, severe pain and ultimately death occurring to Zopito John Sulpizio, which was caused by the Defendants' breaches of duties, negligence, carelessness and recklessness. 117. In causing the aforementioned injuries, the Defendants knew, or should have known, that Zopito John Sulpizio would suffer such harm. 118. The conduct of the Defendants was intentional, outrageous, willful and wanton and exhibited a reckless indifference to the health and well-being of Zopito John Sulpizio. 119. The conduct of the Defendants was such that an award of punitive damages is justified. WHEREFORE, Plaintiff, Dona Sulpizio, Administratrix for the Estate of Zopito John Sulpizio, deceased, 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. 32 VI. COUNT THREE Dona Sulpizio,Administratrix for The Estate of Zopito John Sulpizio, deceased V. Golden Gate National Senior Care, LLC; GGNSC Camp Hill West Shore, LP d/b/a Golden Living Center—West Shore, GPH Camp Hill West.Shore, LP; GGNSC Camp Hill West Shore GP, LLC; GGNSC Holdings,LLC; GGNSC Equity Holdings,LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; Golden Gate Ancillary, LLC; and Beverly Fry, N.H.A. 120. Plaintiff hereby incorporates by reference the preceding paragraphs as though the same were fully set forth at length herein. 121. Plaintiff, Dona Sulpizio, bring this action on behalf of the decedent's estate under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8301, known as the Wrongful Death Statute, to recover all damages legally appropriate thereunder. 122. The following persons are entitled to share under this cause of action in the estate of said decedent, Zopito John Sulpizio: Barbara Sulpizio, spouse; Brian Sulpizio, son; Jenise Sulpizio, daughter and Dona Sulpizio, sister (in her capacity as Administratrix for the Estate of Zopito John Sulpizio, deceased). 123. Plaintiff's decedent, Zopito John Sulpizio, did not bring any action during his lifetime, nor has any other action been commenced on behalf of Zopito John Sulpizio, deceased, against the Defendants herein. 124. Plaintiff, Dona Sulpizio, claims damages for the pecuniary loss suffered by the decedent's survivors by reason of the death of Zopito John Sulpizio, deceased, as well as for the reimbursement of hospital, nursing, medical, and funeral expenses, and expenses of administration and other expenses incurred in connection therewith. 125. As a result of the death of Zopito John Sulpizio, deceased, the survivors, as aforesaid, have been deprived of the companionship, comfort, aid, assistance and society that 33 they would have received from said Zopito John Sulpizio, deceased, for the remainder of his natural life. WHEREFORE, Plaintiff, Dona Sulpizio, Administratrix for the Estate of Zopito John Sulpizio, deceased, 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. Respectfully Submitted, WILKES & MMUGH,P.A. Dated: A? BY: e'--�ccz____ Andrei Govorov, Esquire Attorney for Plaintiff, Dona Sulpizio, Administratrix for the Estate of Zopito John Sulpizio, deceased 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 Pa.C.S. Section 4904, relating to unsworn falsification of authorities. DATE: December 15, 2014 Dona Sulpiz' , as Ad inistr ix for the Estate of Zopito John Sulpizio, deceased 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -VS- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL CERTIFICATE OF MERIT AS TO DEFENDANT BEVERLY FRY, NHA 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. 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 via Cumberland County Sheriff at the following address: BEVERLY FRY, NHA 770 Poplar Church Road Camp Hill, Pennsylvania 17011 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL 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: /2 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 via U.S. Certified Mail, Return Receipt Requested at the following address: Date:- /Z/.�/4 GOLDEN GATE ANCILLARY, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 Bv: 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC CLINICAL SERVICES, LLC CD c Ji 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: /2/349A� 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 via U.S. Certified Mail, Return Receipt Requested at the following address: GGNSC CLINICAL SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 Date: /2�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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL 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: /..38=37/�' 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 via U.S. Certified Mail, Return Receipt Requested at the following address: GGNSC ADMINISTRATIVE SERVICES, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 Wilkes & McHugh, P.A. 2 v Date: /2 y By: 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL ---4 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: /2�.3c�/�✓ 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 via U.S. Certified Mail, Return Receipt Requested at the following address: GGNSC EQUITY HOLDINGS, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL 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 o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. 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 via U.S. Certified Mail, Return Receipt Requested at the following address: Date: GGNSC CAMP HILL WEST SHORE GP, LLC 1000 Fianna Way Fort Smith, AR 72919 Wilkes & McHugh, P.A. 30 �y By: 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL CERTIFICATE OF MERIT AS TO DEFENDANT GPH CAMP HILL WEST SHORE 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 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. 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 via U.S. Certified Mail, Return Receipt Requested at the following address: GPH CAMP HILL WEST SHORE LP 1000 Fianna Way Fort Smith, AR 72919 Date: /230% 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL I' n --- CERTIFICATE OF MERIT AS TO DEFENDANT GGNSC CAMP HILL WEST SHORE 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 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 via Cumberland County Sheriff at the following address: GGNSC CAMP HILL WEST SHORE LP d/b/a GOLDEN LIVING CENTER — WEST SHORE 770 Poplar Church Road Camp Hill, Pennsylvania 17011 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, Dona Sulpizio, Administrix for the Estate of Zopito John Sulpizio, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DONA SULPIZIO, as Administrix for The Estate of ZOPITO JOHN SULPIZIO, deceased Plaintiff, -vs- GOLDEN GATE NATIONAL SENIOR CARE; GGNSC CAMP HILL WEST SHORE, LP d/b/a GOLDEN LIVING CENTER — WEST SHORE; GPH CAMP HILL WEST SHORE, GPH CAMP HILL WEST SHORE LP; LLC; GGNSC HOLDINGS, LLC; GGNSC EQUITY HOLDINGS, LLC; GGNSC ADMINISTRATIVE SERVICES, LLC; GGNSC CLINICAL SERVICES, LLC; GOLDEN GATE ANCILLARY, LLC; and BEVERLY FRY, N.H.A. Defendants. CIVIL DIVISION NO.: 14-7367 CIVIL 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: 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 via U.S. Certified Mail, Return Receipt Requested at the following address: GOLDEN GATE NATIONAL SENIOR CARE, LLC 7160 Dallas Parkway, Suite 400 Plano, Texas 75024 By: Wilkes & McHugh, P.A. Andrei Govorov, Esquire Attorney for Plaintiff