Elder Justice Prosecutor Samples
Requests Court grant motion because: buyers had a duty to investigate sellers' representations; plaintiffs had control over their investment; defendants did not take or appropriate plaintiffs' money or property; plaintiffs failed to make pre-litigation demand
Alleges: First Claim - Elder Financial Abuse; Second Claim - Conversion
Recommends Court enter judgment in the amount of triple damages plus prejudgment interest and attorney fees because: decedent was vulnerable person; financial indebtedness to decedent was not disclosed in probate proceeding; decedent lacked contractual capacity to make financial transfers; decedent was unduly influenced to make "loans"
Charges: 15 Counts - criminal mistreatment in the first degree (2009)
Recommends Court impose: 60 day jail sentence; 36 months probation; financial crimes package; no care or contact with victim, elderly or dependent persons; drug evaluation, treatment and counseling; compensatory fine to victim (2007)
Alleges Mary Reagan v. Genesis Healthcare, LLC,; 227 Evergreen Road Operations, LLC d/b/a Sanatoga Court
Argues Court must overrule preliminary objections and order defendants file answer to plaintiff's complaint because: fraudulent documentation allegations are sufficient; citations and references are pertinent and sufficiently specific; negligence per se allegations are set forth properly; complaint complies with delineation of claims pleading rules; negligence allegations are sufficiently specific; sufficient facts are pled to justify punitive damages' award
Alleges: Count One - Estate of Thomas F. Newman, deceased v. Select Medical Corporation, et al.; Count Two - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of the Older Adults Protective Services Act (OAPSA); Count Four - Estate of Thomas F. Newman, deceased v. Hospitals East, LLC et al.; Count Five - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Six - Negligence Per Se for Violations of the OAPSA; Count Seven - Estate of Thomas F. Newman, decesed v. Select Medical Corporation, et al.; Count Eight - Estate of Thomas F. Newman, deceased v. Select Speciality Hospital, et al.
Argues Court must overrule preliminary objections and order defendants file answer to plaintiff's complaint because: allegations are material, pertinent and sufficiently specific; negligence per se causes of action are legally sufficient; negligence per se claims are pled with requisite specificity
Alleges: Count One - Teresa Stone v. Northern Health Facilities, Inc., et al.; Count Two - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of Older Adults Protective Services Act (OAPSA); Count Four - Teresa Stone v. Northern Health Facilities, Inc., et al.; Count Five - Teresa Stone v. Manor Care of Yardley PA LLC, et al.; Count Six - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Seven - Negligence Per Se for Violations of OAPSA; Count Eight - Teresa Stone, deceased v. Manor Care of Yardley PA LLC, et al.
Alleges: Count One - King v. Manor Care of Pottstown PA, LLC, et al.; Count Two - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of Older Adults Protective Services Act (OAPSA); Count Four - King v. GGNSC Phoenixville LP, et al.; Count Five - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Six - Negligence Per Se for Violations of OAPSA
Alleges: Count One - Negligence Pursuant to Survival Act (Direct and Vicarious Liability); Count Two - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of Older Adults Protective Services Act; Count Four - Wrongful Death
Alleges: Count One - George Eli Roberts v. GGNSC Lancaster LP, et al.; Count Two - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of the Older Adults Protective Services Act
Alleges: Count One - Jane L.Hahn v. 5501 Perkiomen Avenue Operations, LLC, et al.; Count Two - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of Older Adults Protective Services Act
Alleges: Count One - Michael Tazik v. Extendicare, Inc., et al.; Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of the Older Adults Protective Services Act
Alleges: Count One: Stover v. Wilmac Health Care, Inc., et al.;Count Two - Negligence Per Sefor Violations of Older Adults Protective Services Act (OAPSA); Count Three - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Four - Stover v. Manor Care of Lancaster PA, LLC, et al.; Count Six [sic] - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Seven [sic] - Negligence Per Sefor Violations of OAPSA; Count Eight - Stover v. Manor Care of Lancaster PA, LLC, et al.; Count Nine [sic] - Stover v. Manor Care of Lancaster PA, LLC, et al.
Alleges: neglect of care-dependent person; wrongful death; breach of duties; carelessness; recklessness; negligence (2013)
Alleges: negligence per se; neglect of care-dependent person; wrongful death; breach of duties; carelessness; recklessness (2013)
Argues Court must overrule preliminary objections because: alternative dispute resolution agreement is invalid; pre-dispute arbitration agreement is inappropriate; pre-dispute alternative resolution agreements are inappropriate; a knowing and voluntary waiver of jury trial right is not established; corporate negligence allegations are proper; negligence per se allegations are legally sufficient; facts and claims are sufficiently stated; complaint does not contain impertinent matter
Recommends Court deny motion because: court has jurisdiction; corporate negligence claim is valid; punitive damages claim is valid; negligence per seclaim is valid
Alleges: Count One - Administratrix of Estate of Richard MacPherson, deceased v. The Magee Memorial Hospital for Convalescence, et al.; Count Two - Executor of Estate of Richard MacPherson, deceased v. The Magee Memorial Hospital for Convalescence, et al.; Count Three - Administratrix of Estate of Richard MacPherson, deceased v. Manor Care of Yeadon PA, LLC, et al.; Count Four - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Five - Executor of Estate of Richard MacPherson, deceased v. Manor Care of Yeadon PA, LLC, et al.; Count Six - Executor of Estate of Richard MacPherson, deceased v. Manor Care of Yeadon PA, LLC, et al.
Recommends Court issue discovery and briefs' arbitration scheduling order, overrule preliminary objections and order defendants file answer to plaintiff's amended complaint because: arbitration agreement is invalid; waiver of right to jury trial has not been established; factual record must be created; venue is proper; punitive damages and negligence per seclaims are pled sufficiently; amended complaint does not contain impertinent references
Recommends Court overrule preliminary objections and order defendants file answer to amended complaint because: alleged arbitration agreement is invalid; arbitration agreement violates Pennsylvania contract defenses
Alleges: Count One - Shirley Cramer v. Manor Care of Lancaster Pa LLC, et al.; Count Two - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Three - Negligence Per Se for Violations of Older Adults Protective Services Act (OAPSA); Count Four - Shirley Cramer v. GGNSC Lancaster, L.P., et al.; Count Five - Negligence Per Se for Violations of Neglect of a Care-Dependent Person; Count Six - Negligence Per Se for Violations of OAPSA
Requests Court overrule preliminary objections and order defendants file answer to complaint because: facts are pled with requisite specificity to justify negligence per se; facts justify punitive damages award