Preview
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 1 of 16 Trans ID: LCV20232504324
42437.00106 -LNN
MARSHALL DENNEHEY, P.C.
BY: Lynne N. Nahmani, Esquire - NJ Attorney ID #: 016711989
15000 Midlantic Drive, Suite 200, PO Box 5429, Mt. Laurel, NJ 08054
856-414-6000 856-414-6077  lnnahmani@mdwcg.com
Attorney for Defendant(s), Aristacare at Cherry Hill, LLC (Improperly named as Aristacare at Cherry
Hill)
ANN MAY KELLY, Executor of the ESTATE SUPERIOR COURT OF NEW JERSEY
OF JAY A. CIESLA LAW DIVISION
CAMDEN COUNTY
Plaintiff(s),
DOCKET NO.: CAM-L-1566-23
vs.
CIVIL ACTION
ARISTACARE AT CHERRY HILL
(NURSING HOME); ARISTACARE AT ANSWER ON BEHALF OF ARISTACARE
CHERRY HILL, LLC. (OWNER); AT CHERRY HILL, LLC (Improperly
JOHN/JANE DOE ADMINISTRATOR 1-100; named as Aristacare at Cherry Hill) TO
JOHN/JANE DOE DIRECTOR OF PLAINTIFF'S COMPLAINT, SEPARATE
NURSING 1-100; JOHN/JANE DOE NURSE DEFENSES, DEMAND FOR
1-100; JOHN/JANE DOE CAN 1-100; STATEMENT OF DAMAGES, DEMAND
JOHN/JANE DOE MANAGEMENT FOR DISCOVERY, DEMAND FOR
COMPANY 1-100; JOHN/JANE DOE AFFIDAVIT(S) OF MERIT,
MEDICAL DIRECTOR 1-100; JOHN/JANE CROSSCLAIMS, ANSWERS TO
DOE CORPORATION 1-100; individually, CROSSCLAIMS, DESIGNATION OF
jointly, severally and/or in the alternative TRIAL COUNSEL, AND JURY DEMAND
Defendant(s).
Defendant, Aristacare at Cherry Hill, LLC (Improperly named as Aristacare at Cherry Hill)
(hereinafter, "Answering Defendant") by and through it’s attorneys, Marshall, Dennehey, P.C., responds
to Plaintiff's Complaint as follows:
1. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
2. Admitted in part; denied in part. It is admitted that Plaintiff so states. To the extent the
allegation is a conclusion of law it is denied as such. It is further denied to the extent the allegations are
directed to Defendants other than the answering Defendant.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 2 of 16 Trans ID: LCV20232504324
3. Denied and Plaintiff is left to her proofs. It is further denied to the extent the allegations are
directed to Defendants other than the answering Defendant.
4. Denied and Plaintiff is left to her proofs. It is further denied to the extent the allegations are
directed to Defendants other than the answering Defendant.
FIRST COUNT – NEGLIGENCE & GROSS NEGLIGENCE, GENERALLY
1. Denied as stated. It is admitted only that Jay Ciesla was a resident for varying periods of
time at Aristacare at Cherry Hill, LLC. It is further admitted that the facility is located at 1399 Chapel
Avenue West, Cherry Hill, NJ. The remaining allegations are denied as conclusions of law and Plaintiff is
left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the
answering Defendant.
2. Denied as stated. It is admitted only that Jay Ciesla was a resident of the facility at varying
times in 2021 and 2022. It is further denied to the extent the allegations are directed to Defendants other
than the answering Defendant.
3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 3 of 16 Trans ID: LCV20232504324
8. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
9. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
10. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
11. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
12. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
13(a-z). Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied
to the extent the allegations are directed to Defendants other than the answering Defendant.
14. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
15. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
SECOND COUNT – NEGLIGENCE AND GROSS NEGLIGENCE
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 4 of 16 Trans ID: LCV20232504324
2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
3(a-k). Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
THIRD COUNT – NEGLIGENCE AND GROSS NEGLIGENCE – SUPERVISION &
MONITORING
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 5 of 16 Trans ID: LCV20232504324
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
FOURTH COUNT – NEGLIGENCE AND GROSS NEGLIGENCE – NEGLIGENT HIRING OF
STAFF & NEGLIGENT HIRING MONITORING/MANAGEMENT/SUPERVISION BY
SUPERVISORS
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
FIFTH COUNT – PUNITIVE DAMAGES
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 6 of 16 Trans ID: LCV20232504324
2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
SIXTH COUNT – VIOLATIONS OF NURSING HOME RESIDENTS RIGHTS
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
8. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 7 of 16 Trans ID: LCV20232504324
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
SEVENTH COUNT – MEDICAL DIRECTOR
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
3. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
4. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
5. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
6. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
7. Denied as a conclusion of law. It is further denied as directed to Defendants other than the
answering Defendant such that no further response is required of the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 8 of 16 Trans ID: LCV20232504324
EIGHT COUNT – ADMINISTRATOR
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
3. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
4. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
5. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
6. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the
extent the allegations are directed to Defendants other than the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
NINTH COUNT – DIRECTOR OF NURSING
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 9 of 16 Trans ID: LCV20232504324
2. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
3. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
4. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
5. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
6. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
7. Denied as a conclusion of law to which no further response is required of the answering
Defendant. It is further denied to the extent the allegations are directed to Defendants other than
answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
TENTH COUNT – NURSES, DIRECTLY
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
3. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 10 of 16 Trans ID: LCV20232504324
4. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
5. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied as the
allegations are directed to Defendants other than the answering Defendant.
7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied as the
allegations are directed to Defendants other than the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
ELEVENTH COUNT – CNAs, DIRECTLY
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
3. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
4. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
5. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 11 of 16 Trans ID: LCV20232504324
6. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied as the
allegations are directed to Defendants other than the answering Defendant such that no further response is
required.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
TWELFTH COUNT – FICTITIOUSLY NAMED DEFENDANTS
1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every
response to any and all allegations of all previous paragraphs and incorporates them by reference as if
fully set forth herein at length.
2. Denied as directed to Defendants other than the answering Defendant such that no further
response is required of the answering Defendant.
WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the
Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant.
SEPARATE DEFENSES
1. Answering Defendant denies the negligence alleged.
2. Answering Defendant, its agents, servants, workman and employees, performed each and
every duty required.
3. Answering Defendant, its agents, servants, workman and employees breached no duties to
Plaintiff.
4. The occurrences complained of were neither intended by Answering Defendant,
foreseeable, nor preventable by the exercise of reasonable care.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 12 of 16 Trans ID: LCV20232504324
5. At all times relevant hereto, Answering Defendant was in compliance with local, state, and
federal statutes, rules, regulations, and ordinances.
6. Answering Defendant denies that there were any deviations from the applicable standards
of medical/long term care.
7. The occurrences described in the Complaint were caused wholly or partly by the
negligence or intentional acts of Plaintiff, and Plaintiff is barred from recovery or the recovery is reduced
thereby.
8. Plaintiff’s damages, if any, were the direct result of the negligence of others, over whom
Answering Defendant did not exercise any right of control.
9. Answering Defendant is not responsible for the intentional or reckless acts of others.
10. Plaintiff’s injuries are due to his existing and/or pre-existing physical conditions.
11. The injuries complained of were not proximately caused by Answering Defendant.
12. Plaintiff’s claims against Answering Defendant is eliminated and/or reduced by the
applicable provisions of the New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et seq.
13. Plaintiff’s claims are barred by the Doctrines of Laches, Estoppel, Unclean Hands, and
Waiver.
14. Plaintiff’s claims are barred by reason of the Doctrines of Res Judicata and/or Collateral
Estoppel.
15. Plaintiff has failed to comply with the provisions of N.J.S.A. 2A:15-3.
16. Plaintiff’s claims are governed by N.J.S.A. 2A:53A-26, et seq.
17. Damages recovered on the Complaint, if any, are to be reduced by any benefits from
collateral sources pursuant to N.J.S.A. 2A:15-97.
18. Plaintiff has failed to mitigate damages.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 13 of 16 Trans ID: LCV20232504324
19. Plaintiff is barred from recovery pursuant to the applicable Statute of Limitations.
20. Plaintiff’s claims are barred by Plaintiff’s failure to timely assert same in accordance with
the requirements of the Entire Controversy Doctrine.
21. Plaintiff’s Complaint fails to state a cause of action upon which relief may be granted
against Answering Defendant and Answering Defendant reserves the right to move at the time of Trial or
prior thereto to dismiss Plaintiff’s Complaint.
22. Plaintiff’s claims may be barred in whole or in part by any and all applicable releases.
23. Plaintiff’s claims are barred by the Workers' Compensation Statute.
24. Plaintiff’s claims are barred because Answering Defendant is not amenable to the
jurisdiction of this Court as there is no personal jurisdiction, venue is improper, service was insufficient
and process was insufficient.
25. Plaintiff’s claims are barred by the Charitable Immunity Statute.
26. Answering Defendants hereby raise a separate defense that Plaintiff’s claims and damages
recovered on the Complaint if any are barred and/or limited by the Affordable Care Act.
27. Answering Defendant raises all rights provided by the admissions contract, including but
not limited to any available arbitration clause.
28. Answering Defendant is entitled to protections of the New Jersey Patient Safety Act.
N.J.S.A. 26:2H-12.23 et al.
29. This matter is barred by the provisions of bankruptcy code 11 U.S.C. Section 1 et seq.
30. Answering Defendant hereby demands Plaintiff promptly advise of any objection to the
credentials of any defense expert proffered.
31. Answering Defendant state all or part of Plaintiff’s claims are barred by the immunities
provided by Governor Murphy’s executive orders, including but not limited to, 112.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 14 of 16 Trans ID: LCV20232504324
REQUEST FOR STATEMENT OF DAMAGES CLAIMED
Pursuant to the provisions of R. 4:5-2, it is hereby requested that within five (5) days of service of
a copy hereof, Plaintiff furnish to Answering Defendants a written statement specifying the amount of
damages claimed herein.
DEMAND TO PRESERVE EVIDENCE
Plaintiff is hereby directed and demanded to preserve all physical and electronic information
pertaining in any way to plaintiff’s cause of action, and any defenses to same, pertaining to any party
including to but not limited to electronic data storage, close circuit TV footages, digital images, computer
images, searchable data, emails, spreadsheets, employment files, memos, text messages, and any and all
online social or work related websites, entries on social networking sites, (including but not limited to
Facebook, Twitter, MySpace, Instagram, etc.), and any other information and/or data and/or things and/or
documents which may be relevant to any claim or defense in this litigation. Failure to do so will result in
separate claims for spoliation of evidence and/or appropriate adverse inferences.
REQUEST FOR ALLOCATION PURSUANT TO R. 4:7-5(C)
Pursuant to R. 4:7-5(c) and Young v. Latta, 123 N.J. 548 (1991), this will serve to apprise Plaintiff
and all defendants, now or hereinafter existing, Answering Defendants will seek at trial, an allocation of the
percentage of negligence by the fact finder against any settling defendant and a credit in favor of Answering
Defendants consistent with such allocation. Answering Defendants will seek such allocation and credit
whether or not it has been formally cross claimed against the settling defendants, and will rely upon all
propounded discovery, examination and cross-examination of any and all witnesses, and all other evidence
presented at the time of trial, in support of this allocation.
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 15 of 16 Trans ID: LCV20232504324
RESERVATION OF DEFENSES AND OBJECTIONS
Answering Defendants hereby reserve the right to interpose such other defenses and objections as
a continuing investigation may disclose.
DEMAND FOR ANSWERS TO INTERROGATORIES
Answering Defendants hereby demand Plaintiff’s responses to Form A and Form A(1) Uniform
Interrogatories.
DEMAND FOR TRIAL BY JURY
Answering Defendants hereby demand a trial by jury, pursuant to R. 1:8-2 and R. 4:35-1.
DESIGNATION OF TRIAL COUNSEL
Pursuant to the provisions of R. 4:25-4, the Court is advised that LYNNE N. NAHMANI,
ESQUIRE is hereby designated as trial counsel.
DEMAND FOR AFFIDAVIT OF MERIT
Pursuant to N.J.S.A. 2A:53A-26, et seq., Answering Defendants hereby demand Plaintiff to
comply with the Affidavit of Merit Statute and provide the necessary Affidavit(s) of Merit to satisfy any
and all claims required in the Affidavit of Merit Statute, including but not limited to nursing, physician,
podiatry, administrative, therapy and accounting/budgetary, whether direct and/or pursuant to a theory of
ostensible agency or vicarious liability.
CERTIFICATION PURSUANT TO R. 4:5-1
I hereby certify that to my knowledge, the matter in controversy is not the subject of any other
action pending in any Court or of a pending Arbitration proceeding, that no other action or Arbitration
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 16 of 16 Trans ID: LCV20232504324
proceeding is contemplated, and that I have no knowledge at this time of the names of any other party
who should be joined in this action.
MARSHALL DENNEHEY, P.C.
__________________________________
Lynne N. Nahmani, Esquire
Attorney for Defendant,
Aristacare at Cherry Hill, LLC (Improperly named as
Aristacare at Cherry Hill)
Date: 9/1/23
LEGAL/155629614.v1
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 1 of 1 Trans ID: LCV20232504324
9/1/23
CAM-L-001566-23 09/01/2023
CAM-L-001566-23 09/01/202310:37:36
10:35:08AM
AM Pg 1 of 2 Trans
TransID:
ID:LCV20232504324
LCV20232504324
Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-001566-23
Case Caption: KELLY ANN VS ARISTACARE AT CHERRY Case Type: PROFESSIONAL MALPRACTICE
HILL (NH Document Type: Answer W/Jury Demand
Case Initiation Date: 05/31/2023 Jury Demand: YES - 6 JURORS
Attorney Name: LYNNE NINA NAHMANI Is this a professional malpractice case? YES
Firm Name: MARSHALL DENNEHEY WARNER COLEMAN Related cases pending: NO
& GOGGIN If yes, list docket numbers:
Address: 15000 MIDLANTIC DR STE 200 PO BOX 5429 Do you anticipate adding any parties (arising out of same
MT LAUREL NJ 08054 transaction or occurrence)? NO
Phone: 8564146000 Does this case involve claims related to COVID-19? NO
Name of Party: DEFENDANT : ARISTACARE AT
CHERRYHILL (NH ) Are sexual abuse claims alleged by: ANN M KELLY? NO
Name of Defendant’s Primary Insurance Company
(if known): Munich Re Speciality Insurance
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
09/01/2023 /s/ LYNNE NINA NAHMANI
Dated Signed
CAM-L-001566-23 09/01/2023
CAM-L-001566-23 09/01/202310:37:36
10:35:08AM
AM Pg 2 of 2 Trans
TransID:
ID:LCV20232504324
LCV20232504324
Preview
CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 1 of 16 Trans ID: LCV20232504324 42437.00106 -LNN MARSHALL DENNEHEY, P.C. BY: Lynne N. Nahmani, Esquire - NJ Attorney ID #: 016711989 15000 Midlantic Drive, Suite 200, PO Box 5429, Mt. Laurel, NJ 08054 856-414-6000 856-414-6077  lnnahmani@mdwcg.com Attorney for Defendant(s), Aristacare at Cherry Hill, LLC (Improperly named as Aristacare at Cherry Hill) ANN MAY KELLY, Executor of the ESTATE SUPERIOR COURT OF NEW JERSEY OF JAY A. CIESLA LAW DIVISION CAMDEN COUNTY Plaintiff(s), DOCKET NO.: CAM-L-1566-23 vs. CIVIL ACTION ARISTACARE AT CHERRY HILL (NURSING HOME); ARISTACARE AT ANSWER ON BEHALF OF ARISTACARE CHERRY HILL, LLC. (OWNER); AT CHERRY HILL, LLC (Improperly JOHN/JANE DOE ADMINISTRATOR 1-100; named as Aristacare at Cherry Hill) TO JOHN/JANE DOE DIRECTOR OF PLAINTIFF'S COMPLAINT, SEPARATE NURSING 1-100; JOHN/JANE DOE NURSE DEFENSES, DEMAND FOR 1-100; JOHN/JANE DOE CAN 1-100; STATEMENT OF DAMAGES, DEMAND JOHN/JANE DOE MANAGEMENT FOR DISCOVERY, DEMAND FOR COMPANY 1-100; JOHN/JANE DOE AFFIDAVIT(S) OF MERIT, MEDICAL DIRECTOR 1-100; JOHN/JANE CROSSCLAIMS, ANSWERS TO DOE CORPORATION 1-100; individually, CROSSCLAIMS, DESIGNATION OF jointly, severally and/or in the alternative TRIAL COUNSEL, AND JURY DEMAND Defendant(s). Defendant, Aristacare at Cherry Hill, LLC (Improperly named as Aristacare at Cherry Hill) (hereinafter, "Answering Defendant") by and through it’s attorneys, Marshall, Dennehey, P.C., responds to Plaintiff's Complaint as follows: 1. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 2. Admitted in part; denied in part. It is admitted that Plaintiff so states. To the extent the allegation is a conclusion of law it is denied as such. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 2 of 16 Trans ID: LCV20232504324 3. Denied and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 4. Denied and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. FIRST COUNT – NEGLIGENCE & GROSS NEGLIGENCE, GENERALLY 1. Denied as stated. It is admitted only that Jay Ciesla was a resident for varying periods of time at Aristacare at Cherry Hill, LLC. It is further admitted that the facility is located at 1399 Chapel Avenue West, Cherry Hill, NJ. The remaining allegations are denied as conclusions of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 2. Denied as stated. It is admitted only that Jay Ciesla was a resident of the facility at varying times in 2021 and 2022. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 3 of 16 Trans ID: LCV20232504324 8. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 9. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 10. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 11. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 12. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 13(a-z). Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 14. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 15. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. SECOND COUNT – NEGLIGENCE AND GROSS NEGLIGENCE 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 4 of 16 Trans ID: LCV20232504324 2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 3(a-k). Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. THIRD COUNT – NEGLIGENCE AND GROSS NEGLIGENCE – SUPERVISION & MONITORING 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 5 of 16 Trans ID: LCV20232504324 WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. FOURTH COUNT – NEGLIGENCE AND GROSS NEGLIGENCE – NEGLIGENT HIRING OF STAFF & NEGLIGENT HIRING MONITORING/MANAGEMENT/SUPERVISION BY SUPERVISORS 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. FIFTH COUNT – PUNITIVE DAMAGES 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 6 of 16 Trans ID: LCV20232504324 2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. SIXTH COUNT – VIOLATIONS OF NURSING HOME RESIDENTS RIGHTS 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 3. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 4. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 5. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. 8. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 7 of 16 Trans ID: LCV20232504324 WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. SEVENTH COUNT – MEDICAL DIRECTOR 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 3. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 4. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 5. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 6. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 7. Denied as a conclusion of law. It is further denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 8 of 16 Trans ID: LCV20232504324 EIGHT COUNT – ADMINISTRATOR 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 3. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 4. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 5. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 6. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied to the extent the allegations are directed to Defendants other than the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. NINTH COUNT – DIRECTOR OF NURSING 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 9 of 16 Trans ID: LCV20232504324 2. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 3. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 4. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 5. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 6. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 7. Denied as a conclusion of law to which no further response is required of the answering Defendant. It is further denied to the extent the allegations are directed to Defendants other than answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. TENTH COUNT – NURSES, DIRECTLY 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 3. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 10 of 16 Trans ID: LCV20232504324 4. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 5. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 6. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied as the allegations are directed to Defendants other than the answering Defendant. 7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied as the allegations are directed to Defendants other than the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. ELEVENTH COUNT – CNAs, DIRECTLY 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 3. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 4. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 5. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 11 of 16 Trans ID: LCV20232504324 6. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. 7. Denied as a conclusion of law and Plaintiff is left to her proofs. It is further denied as the allegations are directed to Defendants other than the answering Defendant such that no further response is required. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. TWELFTH COUNT – FICTITIOUSLY NAMED DEFENDANTS 1. Answering Defendant, by and through it’s attorneys, hereby repeats each and every response to any and all allegations of all previous paragraphs and incorporates them by reference as if fully set forth herein at length. 2. Denied as directed to Defendants other than the answering Defendant such that no further response is required of the answering Defendant. WHEREFORE, Answering Defendant hereby requests this Honorable Court to dismiss the Plaintiff’s Complaint and award costs and fees in favor of Answering Defendant. SEPARATE DEFENSES 1. Answering Defendant denies the negligence alleged. 2. Answering Defendant, its agents, servants, workman and employees, performed each and every duty required. 3. Answering Defendant, its agents, servants, workman and employees breached no duties to Plaintiff. 4. The occurrences complained of were neither intended by Answering Defendant, foreseeable, nor preventable by the exercise of reasonable care. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 12 of 16 Trans ID: LCV20232504324 5. At all times relevant hereto, Answering Defendant was in compliance with local, state, and federal statutes, rules, regulations, and ordinances. 6. Answering Defendant denies that there were any deviations from the applicable standards of medical/long term care. 7. The occurrences described in the Complaint were caused wholly or partly by the negligence or intentional acts of Plaintiff, and Plaintiff is barred from recovery or the recovery is reduced thereby. 8. Plaintiff’s damages, if any, were the direct result of the negligence of others, over whom Answering Defendant did not exercise any right of control. 9. Answering Defendant is not responsible for the intentional or reckless acts of others. 10. Plaintiff’s injuries are due to his existing and/or pre-existing physical conditions. 11. The injuries complained of were not proximately caused by Answering Defendant. 12. Plaintiff’s claims against Answering Defendant is eliminated and/or reduced by the applicable provisions of the New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et seq. 13. Plaintiff’s claims are barred by the Doctrines of Laches, Estoppel, Unclean Hands, and Waiver. 14. Plaintiff’s claims are barred by reason of the Doctrines of Res Judicata and/or Collateral Estoppel. 15. Plaintiff has failed to comply with the provisions of N.J.S.A. 2A:15-3. 16. Plaintiff’s claims are governed by N.J.S.A. 2A:53A-26, et seq. 17. Damages recovered on the Complaint, if any, are to be reduced by any benefits from collateral sources pursuant to N.J.S.A. 2A:15-97. 18. Plaintiff has failed to mitigate damages. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 13 of 16 Trans ID: LCV20232504324 19. Plaintiff is barred from recovery pursuant to the applicable Statute of Limitations. 20. Plaintiff’s claims are barred by Plaintiff’s failure to timely assert same in accordance with the requirements of the Entire Controversy Doctrine. 21. Plaintiff’s Complaint fails to state a cause of action upon which relief may be granted against Answering Defendant and Answering Defendant reserves the right to move at the time of Trial or prior thereto to dismiss Plaintiff’s Complaint. 22. Plaintiff’s claims may be barred in whole or in part by any and all applicable releases. 23. Plaintiff’s claims are barred by the Workers' Compensation Statute. 24. Plaintiff’s claims are barred because Answering Defendant is not amenable to the jurisdiction of this Court as there is no personal jurisdiction, venue is improper, service was insufficient and process was insufficient. 25. Plaintiff’s claims are barred by the Charitable Immunity Statute. 26. Answering Defendants hereby raise a separate defense that Plaintiff’s claims and damages recovered on the Complaint if any are barred and/or limited by the Affordable Care Act. 27. Answering Defendant raises all rights provided by the admissions contract, including but not limited to any available arbitration clause. 28. Answering Defendant is entitled to protections of the New Jersey Patient Safety Act. N.J.S.A. 26:2H-12.23 et al. 29. This matter is barred by the provisions of bankruptcy code 11 U.S.C. Section 1 et seq. 30. Answering Defendant hereby demands Plaintiff promptly advise of any objection to the credentials of any defense expert proffered. 31. Answering Defendant state all or part of Plaintiff’s claims are barred by the immunities provided by Governor Murphy’s executive orders, including but not limited to, 112. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 14 of 16 Trans ID: LCV20232504324 REQUEST FOR STATEMENT OF DAMAGES CLAIMED Pursuant to the provisions of R. 4:5-2, it is hereby requested that within five (5) days of service of a copy hereof, Plaintiff furnish to Answering Defendants a written statement specifying the amount of damages claimed herein. DEMAND TO PRESERVE EVIDENCE Plaintiff is hereby directed and demanded to preserve all physical and electronic information pertaining in any way to plaintiff’s cause of action, and any defenses to same, pertaining to any party including to but not limited to electronic data storage, close circuit TV footages, digital images, computer images, searchable data, emails, spreadsheets, employment files, memos, text messages, and any and all online social or work related websites, entries on social networking sites, (including but not limited to Facebook, Twitter, MySpace, Instagram, etc.), and any other information and/or data and/or things and/or documents which may be relevant to any claim or defense in this litigation. Failure to do so will result in separate claims for spoliation of evidence and/or appropriate adverse inferences. REQUEST FOR ALLOCATION PURSUANT TO R. 4:7-5(C) Pursuant to R. 4:7-5(c) and Young v. Latta, 123 N.J. 548 (1991), this will serve to apprise Plaintiff and all defendants, now or hereinafter existing, Answering Defendants will seek at trial, an allocation of the percentage of negligence by the fact finder against any settling defendant and a credit in favor of Answering Defendants consistent with such allocation. Answering Defendants will seek such allocation and credit whether or not it has been formally cross claimed against the settling defendants, and will rely upon all propounded discovery, examination and cross-examination of any and all witnesses, and all other evidence presented at the time of trial, in support of this allocation. LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 15 of 16 Trans ID: LCV20232504324 RESERVATION OF DEFENSES AND OBJECTIONS Answering Defendants hereby reserve the right to interpose such other defenses and objections as a continuing investigation may disclose. DEMAND FOR ANSWERS TO INTERROGATORIES Answering Defendants hereby demand Plaintiff’s responses to Form A and Form A(1) Uniform Interrogatories. DEMAND FOR TRIAL BY JURY Answering Defendants hereby demand a trial by jury, pursuant to R. 1:8-2 and R. 4:35-1. DESIGNATION OF TRIAL COUNSEL Pursuant to the provisions of R. 4:25-4, the Court is advised that LYNNE N. NAHMANI, ESQUIRE is hereby designated as trial counsel. DEMAND FOR AFFIDAVIT OF MERIT Pursuant to N.J.S.A. 2A:53A-26, et seq., Answering Defendants hereby demand Plaintiff to comply with the Affidavit of Merit Statute and provide the necessary Affidavit(s) of Merit to satisfy any and all claims required in the Affidavit of Merit Statute, including but not limited to nursing, physician, podiatry, administrative, therapy and accounting/budgetary, whether direct and/or pursuant to a theory of ostensible agency or vicarious liability. CERTIFICATION PURSUANT TO R. 4:5-1 I hereby certify that to my knowledge, the matter in controversy is not the subject of any other action pending in any Court or of a pending Arbitration proceeding, that no other action or Arbitration LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 16 of 16 Trans ID: LCV20232504324 proceeding is contemplated, and that I have no knowledge at this time of the names of any other party who should be joined in this action. MARSHALL DENNEHEY, P.C. __________________________________ Lynne N. Nahmani, Esquire Attorney for Defendant, Aristacare at Cherry Hill, LLC (Improperly named as Aristacare at Cherry Hill) Date: 9/1/23 LEGAL/155629614.v1 CAM-L-001566-23 09/01/2023 10:37:36 AM Pg 1 of 1 Trans ID: LCV20232504324 9/1/23 CAM-L-001566-23 09/01/2023 CAM-L-001566-23 09/01/202310:37:36 10:35:08AM AM Pg 1 of 2 Trans TransID: ID:LCV20232504324 LCV20232504324 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-001566-23 Case Caption: KELLY ANN VS ARISTACARE AT CHERRY Case Type: PROFESSIONAL MALPRACTICE HILL (NH Document Type: Answer W/Jury Demand Case Initiation Date: 05/31/2023 Jury Demand: YES - 6 JURORS Attorney Name: LYNNE NINA NAHMANI Is this a professional malpractice case? YES Firm Name: MARSHALL DENNEHEY WARNER COLEMAN Related cases pending: NO & GOGGIN If yes, list docket numbers: Address: 15000 MIDLANTIC DR STE 200 PO BOX 5429 Do you anticipate adding any parties (arising out of same MT LAUREL NJ 08054 transaction or occurrence)? NO Phone: 8564146000 Does this case involve claims related to COVID-19? NO Name of Party: DEFENDANT : ARISTACARE AT CHERRYHILL (NH ) Are sexual abuse claims alleged by: ANN M KELLY? NO Name of Defendant’s Primary Insurance Company (if known): Munich Re Speciality Insurance THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 09/01/2023 /s/ LYNNE NINA NAHMANI Dated Signed CAM-L-001566-23 09/01/2023 CAM-L-001566-23 09/01/202310:37:36 10:35:08AM AM Pg 2 of 2 Trans TransID: ID:LCV20232504324 LCV20232504324