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HomeMy WebLinkAbout98-01010 ABRAMSON & FREEDMAN, L.L,C, By: JEFFIWY M. FREEDMAN Attorney J.D. No. 15818 2128 LoclIst Street Philadelphia, Pa. 19103 (215) 545-2400 Attorney for Plaintiff ERNEST EDWARDS 1046 Jefferson Street Apartment #10 Philadelphia, PA 19122 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS 2520 Lisburn Road Camp Hill, PA 17011 -and- 9'V- /0/0 NO. d &()-~L STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP 1 KELLEY DRIVE COAL TOWNSHIP, PA 17866 -and- (Defendants continued on next page) JURY TRIAL DEMANDED CML ACfION NOTICE AVISO Le han demand ado a usled en 18 C(\rto. SI ulled Quieta delondotse do lIstas de ostas demandas Upuollas on las paglo.. siguienlel, ulled Ilene veinta 1201 diu de pllno 81 partir do 10 lecho de I. demanda V I. notificaclon. Haee lalta alent., una compl,encla escrita 0 on porsona 0 con un abogado it enuegar . II COMe en lorma Olcrilll IUI delensas 0 IUI objeciones alas damandel an contra de su pOrlona. SUlvisedo que .i ulled no 18 dllliendll. 1. corte 10mara madidu V puedo contlnuaf Ie demand. en conua suya sin previa .vilo 0 notllicacion. Adoma.. 10 corte puode decidir e fa\lor del demandente y requiere que usted compla con todu I.. pro\lisiones do esta demanda. Usted puode perder dlnoro 0 IUI propiedades u otros derechos imporlantos para uSled. llEVE ESTA OEMANOA A UN ABOGAOO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO T1E~E El DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAVA EN PERSONA 0 llAME POR TEltFDNO A lA OFICINA CUVA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEDE CONSEGUIR ASISTCNcrA lEGAl. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Place Carlisle, PA 17013 (717) 249-3166 You ha\la been sued In court. If you wi.h to defend against the claims set forth In the following pagel. you mUlt take action within twenty (20J days after this complaint and notice are ..rved. by entering a written appearance personally or by attorney and filing in writing with the COUrl your defenses 01 objections to the claims ..I fOrlh against you. Vou are warned that If you fall to do 10 Ihe case may proceed without you and a judgment may be enlered againsl you by the COUrl wUhout fUrlher notice for any money claimed in the complaint or for any other claim 01 relief requested by the plaintiff. Vou may lo.e money or properly or other rights impOrlanl to you. VOU SHOULD TAKE THIS PAPER TO VOUR LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE VOU CAN GET LEGAL HELP. " ;\; CIVIL ACTION I. Plaintiff, ERNEST EDWARDS, is a citizcn of thc Commonwcalth of /\ , , Pcnnsylvania, rcsiding thcrcin as captioncd abovc. 2. Dcfcndant, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, is a govcrnmental agency, organizcd and existing under and by virtuc of the laws of the Commonwealth of Pennsylvania. 3. Defendant, STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP, is an agency of thc Commonwealth of Pennsylvania and is organized and existing under and , by virtue of the laws of the Commonwealth of Pennsylvania. 4. Defendant, FRANK GILLIS, SUPERINTENDENT, STATE CORRECTIONAL 5. Defendant, BOARD OF TRUSTEES, STATE CORRECTIONAL INSTITUTION AT ~ INSTITUTION AT COAL TOWNSHIP, is a citizen of the Commonwealth of Pennsylvania. . '1 , COAL TOWNSHIP, is a governmental agency and is organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania. 6. At all times relevant hercto, defendants controlled and supeIVised inmates within defendants' custody, including plaintiff and Kenneth Gerlock, and defendants controllcd and supeIVised inmates' activities, including participation in work detail and operation of motor vehicles. 7. On March 11, 1996, at approximately 1:30 p.m., at the State Correctional h , I I, I' Institution at Coal Township, Northumberland County, plaintiff and other inmates, including Gerlock, werc participating in a work detail involving the loading of automobile -3- , '. r., balteries onto II truck, driving the truck to the prison's warehouse, backing the bed of the truck against the warehouse loading dock, and unloading the balteries from the truck onto the loading dock by stepping back and forth between the bed of the tl'Uck and the loading dock. 8. During thc aforesaid work detail, Gerlock was driving the truck without any guard, supervisor or other employee of defendants in the tl'Uck. injuries to plaintiff as more fully set forth below. 9. Sometime after Gerlock arrived at the loading dock, Gerlock suddenly, without notice or warning, drove off away from the loading dock while plaintiff was stcpping back and forth between the loading dock and the tl'Uck in order to unload the batteries as directed, forcing plaintiff to plunge violently to the ground and causing 10. The aforesaid accident and resultant injuries to plaintiff were caused by the negligence, carelessness and recklessness of Kenneth Gerlock, who was at all times acting J I , I as defendants' agent and servant and acting within the scope of his agency, in: a) Moving the truck suddenly, without notice or warning, when Gerlock knew or should have known that plaintiff was stepping from the warehouse loading dock onto the truck; b) Operating the truck at an unlawful rate of speed under the l circumstances; c) Failing to have the truck under proper and adequate control under f, :! I , f the circumstances; -4- , .' " :1 d) Operating the truck in violation of the laws of the Commonwealth of Pennsylvania and the ordinances of Northumberland County; e) Failing to operate the truck in such a manner as to avoid the accident; f) Failing to maintain a proper lookout; g) Negligence as a matter of law; and h) Otherwise failing to use due care and caution under the circumstances. 11. Defendants are liable under the doctrine of respondent superior, in that Kenneth Gerlock, at all times relevant hereto, was acting as defendants' agent and selVant and within the scope of his agency. 12. As a result of defendants' negligence, plaintiff sustained injuries to his back, hands, legs, feet, body, and exacerbation of pre-existing underlying conditions, some of which injuries arc or may be permanent in nature. These injuries include, but are not limited to, radiculopathy at 51, a herniated disc at LS-51 , and a broken, deformed finger on his right hand, as well as a severe shock to his nelVes and nelVous system. 13. As a further result of the aforesaid accident, plaintiff has been caused to undergo in the past, and may continue to undergo in the future, severe pain, suffering, inconvenience, embarrassment, emotional distress and humiliation, all to his great financial loss and detriment. '. -5- VERIFICATION ERNEST EDWARDS, hereby verifies thai he is the Plaintiff, and that the statements contained in the foregoing Civil Action are true and correct to the best of his knowledge and information. ERNEST EDWARDS, further verifies that the statements contained therein are made subject to the penalties of 18 Pa.C.S. M904 relating to unsworn falsification to authorities. ~~~ ERNEST EDWARDS Dateh .I r" /'If r rnrms\veriry,mht ~Q~ N 0... ~. 1I.J. - ~~ "'- -.....l ,- rv ~ ~ tD cl' (') \0 f~ co 0 -" -ni.'". .T-' :;j [:';1 ..., .-..:11 ~U ;"I;JJ .-."! '" , ...,I'T. ~'" ;,''j' t.. (- J I~~C) -, :,.~ .' ,1:33 ," ..1.. ":,; ;~~1 :'~~n N 1~)ln .. .. :..., :;-l -j ,-' "" (Jl :.u -< "" C>J ~ s>,C> d ~ , , ERNEST EDWARDS, Plaintirr : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF : JURY TRIAL DEMANDED CORRECTIONS; STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP; FRANK GILLIS, Superintendent, State Correctional Institution at Coal Township; and BOARD OF TRUSTEES, STATE CORRECTIONAL: INSTITUTION AT COAL TOWNSHIP, Defendants : NO. 98-1010 - CIVIL ENTRY OF APPEARANCE Please enter my appearnnce on behalf of the Defendants, Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Coal Township, and Frank Gillis, Superintendent, State Correctional Institution at Coal Township, in the above- captioned action. Respectfully submitted, D. MICHAEL FISHER Attorney General By: Sfe~~OISO Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-1683 DATED: March 6,1998 CERTI FIC,' TE OF SER VICIl I hcrcby ccrtify thntllllll this dny scrving thc forcgoing doculllcnt(s) upon thc pcrson(s) lInd inlhc 1ll1lnnCr indiclltcd bclow: SERVICE BY FIRSTCI.ASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: JEFFREY M. FREEDMAN, ESQUIRE ABRAMSON & FREEDMAN, L.L.C. 2128 LOCUST STREET PHILADELPHIA, PA 19103 (Attorncy for PlllintifI) By: Torts Litigation Section 15"h Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: March 6,1998 ... . ,It v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ERNEST EDWARDS, Plaintiff COMMONWEALTH OF PENNSYLV ANIA, DEPARTMENT OF : JURY TRIAL DEMANDED CORRECTIONS; STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP; FRANK GILLIS, Superintendent, State Correctional Institution at Coal Township; and BOARD OF TRUSTEES, ST ATE CORRECTIONAL: INSTITUTION AT COAL TOWNSHIP, Defendants : NO. 98-1010 - CIVIL ORDER AND NOW, this _ day of , 1998, it is hereby ORDERED J. AND DECREED that Paragraph 10, sub-paragraphs b), e), d), e), g) and h) ofPlaintirrs Complaint are STRICKEN. BY THE COURT: . . . ERNEST EDWARDS, Plainti ff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF : JURY TRIAL DEMANDED CORRECTIONS; STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP; FRANK GILLIS, Superintendent, State Correctional Institution at Coal Township; and BOARD OF TRUSTEES, STATE CORRECTIONAL: INSTITUTION AT COAL TOWNSHIP, Defendants : NO. 98-1010 - CIVIL PRELIMINARY OBJECTIONS OF COMMONWEALTH DEFENDANTS AND NOW the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Coal Township, Frank Gillis, Superintendent of State Correctional Institution at Coal Township (hereinafter "Commonwealth Defendants"), by and through Steven C. Gould, Deputy Attorney General, hereby file preliminary objections to the above-captioned Complaint pursuant to Rule /028 of the Pennsylvania Rules of Civil Procedure, Pa.R.C.P. /028, and in support thereof avers as follows: I. PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE PLEADINGS FOR INSUFFICIENT SPECIFICITY. I. Plaintiff, Ernest Edwards, (hereinafter, "PlaintiIf'), commenced the instant action by Complaint filed in the Court of Common Pleas of Cumberland County on or about February 23, 1998. (A copy ofthe Complaint is attached to Commonwealth Defendant's Preliminary Objections as Exhibit "A", and by reference made a part hereto) ABRAMSON & FREEDMAN, L.L.C, By: JEFFREY M. FREEDMAN Attorney I.D.-No. 15818 2128 Locust Street Philadelphia, Pa. 19103 (215) 545-2400 ERNEST EDWARDS 1046 Jefferson Street Apartment # 10 Philadelphia, PA 19122 vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS 2520 Lisburn Road Camp Hill, PA 17011 -and- STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP 1 KELLEY DRIVE COAL TOWNSHIP, PA 17866 -and- (Defendants continued on next page) - 1\(/(, \... ,,Y '~. .:,I~ I vI ~. ,1.5' 0.~ .'-' 1":'J7 ((6 ,L ',L' ~ l/ '0'\~y\ I)" '-f Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY \'. NO. Cfr-j6/D (7 L'u-LC \ , I JUR Y TRIAL DEMANDED I ; I I I CML ACTION le hln dlm'Made I uS1ad en t. corte. Si ustlld QUI"e defenderu de tltll de 1514' dlm,ndll tUPU1IS111 In III pigin.. ,igUllntlll, ustlld Ii.n. 'Jlin'l 1201 diu de pl',e .1 plrtir ae I, leeh. de I, demlr.d. y I, "OlllleICll)n, Hie. "'t. "Int', un. comp",ncl. ..crll. 0 In petlone 0 con un .bog.do V .nUlg., . I, cortI en forma IIcritl SUI deftnu. 0 .u. obi'Clon.. .1.. d.m.ndn In contra d, IU plrlon.. S.. '\Iiude Que Ii u.led no II dlll,ndl, I, con, tom.,i medid.. V pUlld. continua, I, dem.nd. en contra IUYI lin Qte\llo IvjlO 0 nOliflClclon. Adlmil. II corte puede dlcldlr I 'IVOt del demlndlnt. y requiel. QUI ultld campi. con tad.. I.. plovjlion.. de ntl d.mend.. Ulted pued. Qlrder dinelo 0 IUS propiedld.. U OHOI der,cl'los importlnllla plr, ust.d. LLEVE ESTA DEMANDA A UN ABOGADD INMEDIATAMENTE. Sl NO TIENE ABDGADO 0 SI NO TIENE El DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LL.AME POR TELlFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAH DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.. CUMBERLAND COUNTY BAR ASSOCIATION TRUE COPY FROM RECORD 2 Liberty Place In Testimony Whereat, I here unto set my IwlII Carlisle. PA 17013 and seaJ 01" I Cou at Carn,"~ ~O' (717) 249-3166 Till t -<'1). sle~ lh NOTICE YOu hive belln sued in Court. If YOU wilh to d.fend Ig.inll the cllim. lit 'onh in the 'allOWing p.g.a. you mUlt tlke ection WltI'un twenty 1201 dlv' .her thIS compl'lnt .nd notice "I IlIrved. bv entlllng I wrinen 'PPelr.nce perlonallv at bv InornlV end 'iling In wtitlng with Ihe coul1 YOUI delen... or ObjectIons 10 the claiml lit forth .glln.t you. You .r, wlrn.d 11'111 it you tail to do 10 the cas. may proctld WIthout you .nd . /udgmenl mey b. .ntered .g.inll you bV thl COUI1 without funhet notlcll fat Inv monlV claimed in 11'1. compl.inl Of fOl Iny olher cl.im or IIlie' teQullted by Ihe pl'intl", You m.y lOll money at pfOlle"V or olher right I Impol1lnt to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP. AVISO , ,I Gr'-I"'- ...;, ...... WI..I.loollt-lL 'iwhi.:i ! , , i, ( ~ I,:":"; t , FRANK GILLIS, SUPERINTENDENT, -STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP 1 Kelley Drive Coal Township, PA 17866 -and- BOARD OF TRUSTEES, STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP 1 Kelley Drive Coal Township, PA 17866 \, -2- '" I 1 . . \, , batteries onto a truck, driving the truck to the prison's warehouse, backing the bed of the truck against ttie warehouse loading dock, and unloading the batteries from the truck /", " , onto the loading dock by stepping back and forth between the bed of the truck and the loading dock. I J I , I 8. During the aforesaid work detail, Gerlock was driving the truck without any guard, supervisor or other employee of defendants in the truck. 9. Sometime after Gerlock arrived at the loading dock, Gerlock suddenly, r ~ without notice or warning, drove off away from the loading dock while plaintiff was stepping back and forth between the loading dock and the truck in order to unload the, ' batteries as directed, forcing plaintiff to plunge violently to the ground and causing. injuries to plaintiff as more fully set forth below. \, 10. The aforesaid accident and resultant injuries to plaintiff were caused by the Iii , I negligence, carelessness and recklessness of Kenneth Gerlock, who was at all times acting . as defendants' agent and servant and acting within the scope of his agency, in: a) Moving the truck suddenly, without notice or warning, when Gerlock knew or should have known that plaintiff was stepping from the warehouse loading dock onto the truck; b) Operating the truck at an unlawful rate of speed under the circumstances; [I '. Ii I' I I c) Failing to have the truck under proper and adequate control under the circumstances; .4. , ,.... ,. I , 1.1 , \ , , . , 'I VERIFICATION ~I I: ERNEST EDWARDS, hereby verifies that he is the Plaintiff, and that the statements I I i , I contained in the foregoing Civil Action are true and correct to the best of his knowledge and information. ,.. ERNEST EDWARDS, further verifies that the statements contained therein are made t subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. . Datet; /1" /9f r ~~ RNEST EDWARDS' 1 '\ , I j I " ronns\vcrify.mbt " ' " Ii :, I ~ . , .... . . , CERTIFICATE OF SERVICE [ hereby certify that [ am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SER VICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: JEFFREY M. FREEDMAN, ESQU[RE ABRAMSON & FREEDMAN, L.L.C. 2128 LOCUST STREET PHILADELPHIA, PA [9[03 (Allomey for Plaintiff) By: [D #80156 Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 717-783-8035 - Direct Dial DATED: March 17, 1998 , ... . , .... , (-: ~ .. ') n '..~. , I " J .. 0 -.~ ,-, .......1 '.J ) cJ.) , , :'1 . i 0 J I -' :i :...1 ". f : , '..;, ERNEST EDWARDS, Plaintiff : IN THE COURT Or COMMON PLEAS Or : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION. LA W COMMONWEALTH Or PENNSYL VANIA, DEPARTMENT Or : JURY TRIAL DEMANDED CORRECTIONS; STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP; rRANK GILLIS, Superintendent, State Correctional Institution at Coal Township; and BOARD OF TRUSTEES, STATE CORRECTIONAL: INSTITUTION AT COAL TOWNSHIP, Defendants : NO. 98.1010 - CIVIL ORDER AND NOW, this _ day of , 1998, it is hereby ORDERED AND DECREED that Paragraph 10, sub-paragraphs b), c), d), e), g) and h) ofPlaintirrs Complaint are STRICKEN. BY THE COURT: J. . ,". i I I~ I '. , i~ I- , I , l~ W; -\ I ~Ajt';~ .A '; :"10 1';: , I I I ~~ 0'>-1 cn~ r..l ~ 3~~~ ~r..lr..l< &1~~~ ~~t;g . z Ii; ~ ~o;:J~ :><cnC,)r..l E~~~ ~ei!~f . ,~, ~... . f~~~.,,: . r ': :~ ..- j .1 . I \ .' .",\ '.'!ot C"I i'" i, I '1 I J , . , . < , . . ! of -- i 1 ,\ , I ;~ """'''.-w..,,", 'iw":"+.l__v:-.,. ___ "1 . , I )' , . 't " ..~~.'. .; 1;." .., "r,. .~ "&7, ~.I .... ~s zz w~ ~ CJ~wo J:; ..a:" Q >z~~ L. wilio ~ .... ZQ.fI)~ I 15i!;~,,; :i /::r ffi a: .e !:i~s "'":I c(~:~ u.. ~ t- ~ Ool.n% :; w:; gS ... ... o . ' ': .~ "',". "~, '. t ,. ,.. .,~ , I -4-, ': , . ,", '.. ." '.' , , , " ~." . " . '. , .~ ,. ....'.ft . ", ", tt. ". .'\0" '. , , t n- l' q " " 'j ; : i ! , ~ ~ i l.'.4.-.. - ~ 1 8 10 ~ "';:1 CIl C"l .,l:l g ~~ l:l~CIl.,.... 't:l ~e C:,o< '3 e 0 .S! ~ p-. OO~~~OO l:l:::::';:ICIll;j cJ<O::l.J'-lil ~ i ~ ~ t .~ ~~'o!-< ....::I: .' ,f ... ~~ ~~ ...~ 0 c:J tii~ N CIJ ~hE \;2 za.cn: 0 a:~~ci r- I ~xffia: I \ ~~u ~ ""~ti~ 0 o~ \ is I 0 -.,"" I , , \ i \ i I , ! " ~~~'~ . '~ ~ . . , ., ". 'f.! <! . .'..' '1- >" : ,~ .., ~. . ;':1.1 '. " ' ~\.; . ~ ~'i-t " . . , ~ . i t !: ~ 1-\ ,.;~...o..,~........,_~~ __ I ') i ), \,; If · ~ ~. f .~. .' ~ ~~ , " " . '. ) ""... ,", . '1~~..1 I', ..' '~ ) . N", ''f ~ . ;. , .' I.}' . ~ ~;\ ~.. ;, '!r."" I.... ...., 7.1/ '\. . " . ~ ::.t'j"c. . ;'( ,.~: I'. " 't., " , ' \ - . . '. i ! " ~ 11ft_,. I ' , , 'h- " .' . ..... , ; . ~ ... . '..~ " " '~- 6. Thc IIvcnncnts in this pllrngrnph constitutc chllrnctcrizlltions of, IInd II Pllrtinl quotlltion from, II documcnt which spcllks for itsclf. Accordingly, no furthcr responsc is required. 7. Thc IIvcnncnts in this pnrngrllph constitutc churnctcrizlltions of n Rule and conclusions of law to which no rcsponse is required. 8. Denied. The lIvennents in this paragruph constitute conclusions of law and characterizations of a document which speaks for itself. Accordingly, no further response is required. By WilY of further response, the avennents in this parugraph are specifically denied. To the contrury, the Complaint specifically pleads the material facts upon which the above- quoted claims are based. 9. Denied. The averments in this paragraph constitute conclusions of law and characterizations of a document which speaks for itself. Accordingly, no further response is required. By way for further response, the avennents in this paragraph are specifically denied. 10. Denied. The avennents in this parugraph constitute conclusions of law and characterizations of a document which speaks for itself. Accordingly, no further response is required. By way for further response, the avennents in this paragruph are specifically denied. 11. Denied. The averments in this paragruph constitute conclusions of law and characterizations of a document which speaks for itself. Accordingly, no further response is -2- . . (") \,() 0 c: en -., ;.. "Uti"; :r.- ::J '""0 [n"l ';.I.:,) IK:n .~~ :to :H~ ~~~; I c..J ~.:.:;-j -n 9.0 I:a -',; .~) ::~ I').. :..:"r:_i i':-.' ~:;:~ c:> .;,. ~ ~, U1 ~ ::0 "< SHEraFF' S RETUr~l~ -, OUT OF COUNTY CASE NO: 1998-01010 P COMMONWEAL.TH OF PENI"SYL.W11~m: COUNTY OF ClJl~r.cERU41~1> F.WWArms 1';::r~I'IEST VS. PEI~NSYI_VANIA COI~MONWEm_ TH DE-. r~. ThoOlOlS Kli ne , She'ri ff, who being duly swo'r" acco'rd i ng '1;0 law, says, that he OlOlrJe a diligent sea'rch and inqui'ry fo'r the within named defendant, to wit: STATE CORRECTIOI'IAL INSTITUTION AT CO~lL TWP BOARI> OF TRUSTEES but was unable to loc.,'l;e Them in his bailiwick. He the'refo're depLlti zed the she'd ff of ~IORTHUI'Ir.cERLANI> to se'rve the within COrlPLAINT County, Pennsylvania. On I~a'rch 17th. 1998 'I;he attached 'retu'rn f'roOl , this office was in ~eceipt of ~IORTHUI'IIfERLANI> COLll1ty, Pennsylvania. She~iff's Costs: I>ocketing aLl'\; of COLmty SLl'rcha'rge 6.0frl .00 6.00 !~J.c.. 0frl ~)Br~AMSON 8. FREEI>I'IAN 03/17/1998 Swo'rn and subsc'ribed to befo're Ole 'I;h i, s I 7 B:- cI ay 0 f /h",.-<./J_ 19 'lr A.I>. Q",. ~ ftf.,P;', . Aflji:l;~-_ _. .1'1'0 N 1 (JnotC:-\'I''f I ChSE .. 98 CV 1010 COUNTY FILED, CU~BBRLAND FILED DhTE. 98/02/23 DATE RECEIVED, 98102126 ASSIGnED TO, 3 DEF, ATTY, C'UHBERLAND EXPIRES, 9S103/25 PLAINTIFF, EDWARDS, ERllEST p, VS . DBFENDANT, COHMONWEALTH OF PA, 0, STATE CORRECTIONAL INSTITUTIOIl, 0, GILLIS, FRANK, SUPERIHTBNDEIlT, STATE 01 CORRECTIONAL INSTITUTION AT COAL TN? D. BOARD OF TRUSTEES, 1 KELLEY DRIVE, COAL TliP. PA. SHERIFF'S RETURll I HBREBY CERTIFY AND RETURN I SERVED, STATE CORRBCTIONAL INSTITUTION u FRANK GILLIS SY HANDING A TRUE'AND ATTBSTED COPY OF THE WITHIN, NOTICE AND CIVIL ACTON CO/~PLAINT PERSON SERVED. KANDIS K DASCANI --....-........ -- -..- -- ..........- --_...- --.. __.._.... -- ..-- -- -_..- --- ---- --.. _..-- .._oo...- DATE SERVED, 9S101127 CAPACITY, SUPERrtlTENDENT OF SCI COAL TWP. -..........----....-..-.. ..-- -- .......---...- ...-... -- -.. ...-----.. ...-- ....-.. --..-- TIU. 03.00 PM -..--....---....----..... I PLACE SIRVED. SCI COAL TWP. 1 KELLBY DR, CO~L TWP. P~. .. - - - .. .. - - - - .. - - - - - - .. - - - - - .. - .. .. - - - - .. - - - - - - - - .. .. - - - - - - .. - - - - - .. .. .. - - - - - .. ... ... - COUNTY OF NORTHUHBERLAND ~ND STATE OF PENNA.. MAKING KNOWN UNTO, HBR THB CONTENTS THEREOF. &L.s.~ SO ANSWERS, CHARLES S. BERKOSKI, SHBRIFF BY DEPUTY, KEATNEY, RAYHOND BY, ___.._ __. .____ ___ ....____.... ..._ __. __ ___ _.. ..._ __ __...... _...___00.. 00 ..__ __ ...._ ___ _ _...._____.. --..... SHERIFF'S RETURN ..------..----.........--...-.....-----------------------------.....---..-....---..-.........-..---........- I HEREBY CERTIFY Al~D RETURN THAT I SERVED. BOARD OF TRUSTnS, STATE CORREC- TION INSTITUTION AT COAL TOWNSHIP 1 KELLY DRIVE BY HANDING A TRUB AND ATTESTED COPY OF THE WITHIN. NOTICE AND CIVIL ACTION' , COHPLAINT PERSON SERVED, KANDIS K DASCANI DATE SERVEQ, 98102127 CAPACITY, SUPERINTENDENT OF SCI', COAL TWP. ... - - - - - .. - - - - - - - .. - - - .. - - .. .. - - - - - - .. - - - - - - .. - TIHE, 03.05 P/~ ----..--....------ I PLACE SERVED, SCI COAL TWP, 1 KELLEY- DR., COAL TWP. PA, COUNTY OF NORTHUHBERLAND ~IlD STATE OF PBNN~" MAKING KNOWN UNTO, HER CONTENTS THEREOF. Sworn to and subscribed bofore me this I~ day of ~, , A. fJ~~~~~~..,. ~;~'~nlONOTARY Iffy Comm, Exp, 1st 11:00. Jr.o. 2002 SO Al~S\iERS. C~~:~(I. BY DEPUTY, KE~RNEY I RAYI~OND BY, SHERIFF SHERIFF'S COSTS, s 55.15 RECRIEPT M. 1337B no OF ATTEHPTS, 3 DOCKET P~GE. 9B CV 0113 I . I ,', '. /l .':1 THE In 'I he L'OUI-t 01 LOllllllon 1'lellS 01 LUIllf)cl'lanct LUifnry,'j'cnnsylY:1I11:1 Ernest Edwards VS, Commonwealth of PA. Dept. of Corrections, et. al. serve: Frank Gillis. Superintendent. SCI Coal Township No, 98-1010 c,iv,U 19_ Now, 2 /25 /98 No:r;thumberlanrl 19_. I SHERIFF OF CUMIlERLAND COUNT\', P,.\ do hereb~' depullze the Sherlrrof COUn!)'IO execute this Wrll, this deputation being mode ollhe relluesl and risk oflhe PlulnlhT. -=---t':L/ /<':?-:' r. ..:;:'it:.....,.,..~<' 7 _ ~ ~ <:..(' SberlffofCumberlond Coun!)'. Pa, Affidavit of Service Nowt within upon at by banding 10 attested copy of the original the contents thereof, 19 ,at o'clock :\1. ser"ed lhe a true and and made knuwn to So answers, Sherlffof Coun!)', Pa, COSTS SlIorn and subscrlhed before me this lIa~' of SERVICE MILEAGE AFFIDA \'IT s 19_ s . In The Court 01 COlllmon PIcas ot Cumberland Lounty, l'cnnsyl"anl:l Ernest Edwards VS, Commonwealth of PA et. al.. serve: SCI Coal Township No, 98-l0l0 Civil 19_ Now, 2 /25 /98 19_.1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the SherlITof . Northumberlanqoun!)' to execute this Writ, this deputation being mode at the request and risk of lhe PlaintiIT. ~~ ~':.~-..,d'~ /~(/--1. ~ .,,~n... ~/"-- I' ( SheriITofCumberland Coun!)'. Pa, Affidavit of Service Nowt within upon at by handing 10 attested copy of the originol the contenls thereof, 19 o'clock ~I. ser\'ed the . at a true and and mode known to So answers. Sheriff of Count), Po, '. COSTS Sworo and subscribed before me this day or 19_ SERVICE MILEAGE AFflDA "IT s s PRAECIPE FOR I.ISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next l\J:"gUoont Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) l'RNEST EDWARDS, (Plaintiff) vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS; STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP; FRANK GILLIS, Superintendent. State Correctional Institution at Coal Township; and BOARD OF TRUSTEES, STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP, ( Defendant) No. 1010 Civil 1998 l. State matter to be argued (Le., plaintiff's llDtion for new trial, defendant's demurrer to complaint. etc.): Preliminary Objections 2. Identify counsel who wi.ll argue case: (a) for plaintiff: Address: Jeffrey M. Freedman, Esquire 2128 I.ocu9t ~trpPt Philadelphia, PA 19103 (b) Steven C. Gould, Esquire 15th Floor, Strawberry Square Harrisburg, PA 17120 . 1 for defendant: Address: 3. I wi.ll notify all parties in writing within two days that this case has been listed for argurent. 4. Argurent Court Date: May 27, 1998 IJated: w/;?~ Attorney for Defendants STEVEN C. GOULD April 24, 1998 CERTI FICA TE OF SER VICE I hereby certify that I am this day serving the foregoing documenl(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOJJlS: JEFFREY M, FREEDMAN, ESQUIRE ABRAMSON & FREEDMAN, L.L.C. 2128 LOCUST STREET PHILADELPHIA, PA 19103 (Attorney for Plaintifl) By: STEVEN C. GOULD Deputy Attorney General ID #80156 Torts Litigation Section 15lh Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: April 24, 1998 ':! I ,,~ ,- (T'j '0 ..,.~) .. ,'" C 0) n -- -uriS ".. -J -0 ~i::n gJl'l =0 ",-.J.J r- -..o'e' N :p.~ ~~.r; -.J r"1 r': .... :3L ~;:.c; "" i}~;-;i ~7;C) ::.:: (eC) -'tioC) r:-J :>'rn .;,.;0' c.: ...) ~::i "" r:- ~q -, eX) -, ) I I' )1 I! I>:.: ~ :t i:~:, 11 I , ~ :\1"- ,'j' I,' I: i i : ; i ~! ! ' I: : r , ; ~ \ j ," .,',1 'i' ;~,( ",: ,- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the attached Order upon the pcrson(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: 9f -/0/0 MICHAEL B. TOLCOTT, ESQUIRE ABRAMSON & FREEDMAN, L.L.C. 2128 LOCUST STREET PHILADELPHIA, PA 19103 (Attorney for Plaintiff) ~/ By: EVEN C, GOULD Deputy Attorney General ID #80156 Torts Litigation Section 151b Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: MAY 29,1998 ............ ... ........ .., .... · \,In...:I &.a a au",. .v.~ ua~. I 01'l'lCl OF ~n:~:'f!Y. GENERAL 1S" FL a't;M1Iei'1 aqu.,. H8rTfaburg, PA 17120 I C<<lIfy lh81lhe wtlhOllo . truo """ ':""'""' copy. - .' "'1*' _1201..".01__",._ ........ ..... be...-.ll _ _ . . .. ~ --- - .---"'" ERNEST EDWARDS, Plaintiff : [N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYL V AN[A v, : JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF CORRECTIONS, ET AL. Defendants :CIVIL ACTION - LAW : NO, 98-10[0 CIVIL QRDER OF COURT AND NOW, this .:l 7 ~ day of May, [998, after being infonned that the parties have reached an agreement regarding Defendants' pending Preliminary Objections and Defendants withdrawing the Preliminary Objections pursuant to said agreement, IT IS ORDERED that the Plaintiffshall file an amended Complaint within forty-five (45) days from the date of filing of this Order of Court, BY THE COURT: ///~ r? ~ ;:', J, TRUE COpy FROM RECORD In Testimony Whereof, , here unto set my hand ilOel the seal of saId CO~Carl/.'1! Pa This .)l.~'=' day d' . ~199.f" ~;!.L n,<~l.,_~.o(j' Prothon (') \.n ("1 ~:::: :OJ , I ,.~ i; aoOt ~f~ [Ii !;' r~ >< I n j" C::J .' -, ;~..:' ~/! , (11 r::: ! :-ij - , , : I'; , ". . ,. f n .1-' i " :.') ::~ .' ( :J ", 1: ABRAMSON & FREEDMAN, L.L.C. By: JEFFREY M. FREEDMAN AIlOnlcy I.D, No. 15818 2128 Locust Street Philadelphia, Pa, 19\03 (215) 545-2400 ERNEST EDWARDS t 046 Jefferson Street Apartment #10 Philadelphia, PA 19122 vs, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS 2520 Lisbum Road Camp HiI1, PA 17011 -and- (Defendants continued on next page) ,"' Attonley for Plaintiff COURT 01' COMMON PLEAS CUMBERLAND COUNTY No. 98-1010 Civil JURY TRIAL DEMANDED AMENDED CIVIL ACTION La han demandado II ulled en Ie corte. SI ulled quIet. defenders. de ollas de oltal demandas expuest.. en r.. paginu slguientel. ulled Ilene veinlll1201 din de plaID II partl, de 'a 'eche de Ie demaflda V Ie notiflcacion, Haee f.lta ..enter una comparenclll escrile 0 en perlona 0 con un aboglldo y entregat a la corte en forma elcrile IUI defenlllls 0 'u, abjecion". al.s demand81 en contra de su persona. Sea Ivlsado que 'I ulled no SIt deflllnrht. ,. corto lomara mlldidu V puede continua, la demanda en conua luya lin previa IvllO 0 notlflcachin, Ademlis. Ie cOlte puedll decldl, a favor del demandanlo y requlflul qUfl u.ted comple con toda. III provisionol do Oltl dllmllnda. Ustod puede porder dinero 0 IU' propiedado. u ouos dlutlcho. Importanlel pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEOIATAMENTE. 51 NO TIENE ABOGADO 0 51 NO TlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAVA EN PERSONA 0 LlAME POR TEL~FONO A LA OflCINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR OONOE SE PUEOE CONSEGUIR ASISTENCIA LEGAL. ASOCIACION DE L1CENCIADOS DE F'LADELFIA SERVICIO DE REFERENCIA E 'NFORMACION LEGAL One Reeding Conler Filedelfifl. Pennsylvanle 19107 Tllhifono: 215.238.1701 CUNBERLAND COUNTY BAR ASSOCIA7ION 2 Liberty Place Carlisle, PA 17013 (717) 249-3166 NOTICE You hive been Iued in court. If you wish to de'end again II the claims set forth In Ihe 'allowing pages. you mUll lake action within Iwenty 1201 day. aher thl. compllinl and noU"e are IIrved, by enle11ng 1 wrinon appearance personally or by Inorney and filing in wrlling with Ihe court your de'en.e. or obJec1lons 10 the claim. tet lorth ag.insl you. You lire warned Ihall' you lalllo do so Ihe case may proceed without you and a judgment may be enlered again.t you by the court withoul further noUco lor any money claimed In the complaint or for any other claim or rella' requested by the plaintiff. You may lose money or property or other rlghl' importanllo you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE. IF YOU 00 NOT HAVE A LAWVER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO our WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE One Reading Cenler Philadelphia, Pennsvlvania 19107 Telaphone: 215.238.1701 AVISO , " l, STATE CORRECTIONAL INS'ITIUTION AT COAL TOWNSIIII' I KELLEY DRIVE COAL TOWNSIIIl',I'A 17866 -nnd- FRANK OILLIS, SUI'ERINTENDENT,STATE CORRECTIONAL INSTI1UTION AT COAL TOWNSIIII' I Kelley Drive Coni Township, PA 17866 -nnd- BOARD OF TRUSTEES, STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP I Kelley Drive Coni Township, PA 17866 ':t -2- CIVIL ACTION I. Plaintiff, ERNEST EDWARDS, is a citizen of the Commonwealth of Pennsylvaniu, residing therein as captioned above, 2. Defendant, COMMONWEALTII OF PENNSYLVANIA, DEPARTMENT OF CORREcnONS, is a governmental agency, organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, 3, Defendant, STATE CORRECnONAL INSTITUTION AT COAL TOWNSHIP, is an agency ofthe Commonwealth of Pennsylvania and is organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, 4. Defendant, FRANK GILLIS, SUPERINTENDENT, STATE CORRECfIONAL INSTITUTION AT COAL TOWNSHIP, is a citizen of the Commonwealth of Pennsylvania, 5, Defendant, BOARD OF TRUSTEES, STATE CORRECfIONAL INSTITUTION AT COAL TOWNSHIP, is a governmental agency and is organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, 6, At all times relevant hereto, defendants controlled and supervised inmates within defendants' custody, including plaintiff and Kenneth Gerlock, and defendants controlled and supervised inmates' activities, including participation in work detail and operation of motor vehicles, 7, On March II, 1996, at approximately 1:30 p.m" at the State Correctional Institution at Coal Township, Northumberland County, plaintiff and other inmates, including -3- Gerlock, were participating in a work detail involving the loading ofautomobile batteries onto a truck, driving the truck to the prison's warehouse, backing the bed of the truck against the warehouse loading dock, and unloading the batteries from the truck onto the loading dock by stepping back and forth between the bed of the truck and the loading dock, 8, During the aforesaid work detail, Gerlock was driving the truck without any I , guard, supervisor or other employee of defendants in the truck. 9, Sometime after Gerlock arrived at the loading dock, Gerlock suddenly, without notice or waming, drove off away from the loading dock while plaintiff was stepping back and forth between the loading dock and the truck in order to unload the batteries as directed, forcing plaintiff to plunge violently to the ground and causing injuries to plaintiff as more fully set forth below, 10, The aforesaid accident and resultant injuries to plaintiff were caused by the \ , I negligence, carelessness and recklessness of Kenneth Gerlock, who was at all times acting as defendants' agent and servant and acting within the scope of his agency, in: , , ( a) Moving the truck suddenly, without notice orwaming, when Gerlock knew or should have known that plaintiff was stepping from the warehouse loading dock onto the truck; b) Operating the truck at a dangerous rate of speed under the circumstances; c) Failing to have the truck under proper and adequate control under the circumstances, as referred to in this Complaint; d) Operating the truck in violation of75 Pa, C,S.A. ~ 3361; 'I 'j I -4- Ii ri 1.'\ e) Failing to operate the truck in such II manner liS to lIvoid the lIccident; lInd f) Failing to mllintllin II proper lookout. II, Defendllnts are lillble under the doctrine of res Don dent superior, in that Kenneth Gerlock, at all times relevant hereto, was acting as defendants' agent and servant and within the scope of his agency, 12, As a result of defendants' negligence, plaintiff sustained injuries to his back, hands, legs, feet, body, and exacerbation of pre-existing underlying conditions, some of which injuries are or may be penn anent in nature, These injuries include, but are not limited to, rndiculopathy at S I, a herniated disc at LS-S I, and a broken, defonned finger on his right hand, as well as a severe shock to his nerves and nervous system. 13, As a further result of the aforesaid accident, plainti ffhas been caused to undergo in the past, and may continue to undergo in the future, severe pain, suffering, inconvenience, embarrassment, emotional distress and humiliation, all to his great financial loss and detriment. 14, As a further result of the aforesaid accident, plaintiff has been cllused, and may continue to be caused into the future to expend various sums of monies for medicines and medical attention for the care, treatment and attempted cure of his injuries, all to his great financial loss and detriment. IS, As a further result of the aforesaid injuries, plaintiff has been caused, and may continue to be caused into the future, to be unable to do his usual duties, activities, occupation lInd avocation, all to his great financial loss and detriment. -5- WHEREFORE, plaintiff, Ernest Edwards, demands judgment against Defendants, Commonwealth of Pennsylvania, Department of Corrections; Frank Gillis, Superintendent, State Correctional Institution at Coal Township; and the Board of Trustees, State Correctional Institution at Coal Township, jointly and severally, in a sum in excess of Twenty-live Thousand ($25,000,00) Dollars. ABRAMSON & FREEDMAN L.L.C. Date:.2.(.3 0 /? $/ I BY:. M. tTlerz~.... E RE M. FREEDMAN Attorney for Plaintiff -6- VERIFICATION ERNEST EDWARDS, hereby verifies that he is the Plaintiff herein, and that the statements contained in the foregoing Amended Civil Action arc tme and eorreello the best of his knowledge, infonnation and belief. ERNEST EDWARDS further verifies that the statements contained therein are made subject to the penalties of 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities, ~~ ERNEST EDWARDS ~ Oate:-F-.3q LCfcr y fonns\verify.mbl I \:, I I 1"', i . (') c':' n '. r..l.) -1'1 " to, ..,.)i'; -~J $~~';_: 0- I ~ 1 :,l] , I ' Ill] i , ,'-' ':';.C( I:-.~ i ~C) Pi) -n , , . ~'! ~t~ .'.- " , ~ :-'jl"i1 ':1 :'-~ :n ;1 " 11' -. -< '.,....;,- ", .. " .' ERNEST EDWARDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF : JURY TRIAL DEMANDED CORRECTIONS; STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP; FRANK GILLIS, Superintendent, State Correctional Institution at Coal Township; and BOARD OF TRUSTEES, STATE CORRECTIONAL: INSTITUTION AT COAL TOWNSHIP, Defendants : NO. 98-1010 - CIVIL ANSWER AND NEW MATTER OF THE COMMONWEALTH DEFENDANTS, TO PLAINTIFF'S COMPLAINT AND NOW the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Coal Township, Frank Gillis, Superintendent of State Correctional Institution at Coal Township (hereinafter "Commonwealth Defendants"), by and through the Office of Attorney General, file the following Answer and New Matter to Plaintiffs Complaint: I. Denied. After reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or infonnation to fonn a belief as to the truth of these avennents, and therefore said avennents are specifically denied, 2. Admitted, 3, Admitted, 4, Admitted, 5. Denied, By way of further answer, the Commonwealth Defendants, affinnatively state that no such entity exist now or at the time ofthe alleged accident. 6, Admitted, By way of further unswer, the Conllnonweulth Defcndunts amnnatively state IImt the Commonwcalth Defendunts have only those legul duties preseribcd by applicable state law und regulation. 7. Admitted. 8, Admitted in part, and denied in part. II is admitted that inmate Gerlock wus driving the truck by himself. It is specifically denied that inmate Gerlock was without supervision, 9, Admitted in part, and denied in pnrt, It is admitted that inmate Gerlock and PlaintilTwere at the loading dock unloading batteries, It is specifically denied that inmate Gerlock drove olT suddenly, and without notice or warning from the louding dock whereby forcing PlaintilTto plunge violently to the ground. After reasonable investigation, the Commonwealth Defendants arc without sufficient knowledge or infonnation to fonn a belief as to the truth of the avennents regarding Plaintiff's alleged injuries, and therefore said avennents arc speei fically denied. 10, Denied, The allegations sct forth in paragraph 10 of Plaintiff's Complaint constitute conclusions of law to which no responsivc pleading is required pursuant to the Pennsylvania Rules of Civil Procedure, To the extent that portions of paragraph 10 could be construed as factual allegations, said allegations arc specifically denied, and strict proof thereof is hereby demanded at the time oftrial. By way of further answer, the Commonwealth Defendants specifically deny that they or any of their agents or servants were negligent, careless and reckless in any manner with respect to Plaintiffs alleged cause of action or in any manner caused thc alleged aecidcnt or 2 injuries to Plaintiff. By way of further response: a)-I) Denied generally pursuant to Pa,R,C.P. I029(e). 11. Denied, The allegations set forth in paragraph 11 ofPlaintifrs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of paragraph II could be construed as factual allegations, said allegations arc specifically denied, and strict proof thereof is hereby demanded at the time of tria\. By way of further answer, the Commonwealth Defendants specifically deny that they or any of their agents or servants were negligent, careless and reckless in any manner with respect to Plaintifrs alleged cause of action or in any manner caused the alleged accident or injuries to Plaintiff, 12. Denied, The allegations set forth in paragraph 12 of Plaintiff's Complaint constitute conclusions orlaw to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of paragraph 12 could be construed as factual allegations, said allegations are specifically denied, and strict proof thereof is hereby demanded at the time of tria\. By way of further answer, the Commonwealth Defendants specifically deny that they or any of their agents or servants were negligent, careless and reckless in any manner with respect to Plaintiff's alleged cause of action or in any manner caused the alleged accident or injuries to Plaintiff. By way of further answer, after reasonable investigation, the Commonwealth ~ . ( 3 Defendants arc without sufficient knowledge or infomlation to fonn a belief as to the truth of the avennents regarding PlaintifT's alleged injuries or pennanence or his alleged injuries, and therefore said avennents arc specifically denied, 13. Denied. The allegations set forth in paragraph 13 of Plain tifT's Complaint constitute conclusions oflaw to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of paragraph 13 could be construed as factual allegations, said allegations are specifically denied, and strict proofthereof is I ~ /- hereby demanded at the time of trial. By way of further answer, the Commonwealth Defendants specifically deny that they or any of their agents or servants were negligent, careless and reckless in any manner with respect to PlaintifT's alleged cause of action or in any manner caused the alleged accident or injuries to Plaintiff. By way of further answer, after reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or infonnation to fonn a belief as to the truth of Plaintiffs alleged past and future severe pain, suffering, inconvenience, embarrassment, ~ , emotional distress, humiliation, financial loss and detriment, and therefore, said avennents are specifically denied, 14. Denied, The allegations set forth in paragraph 14 of Plaintiffs Complaint i i I J constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of paragraph 14 could be h J I II construed as factual allegations, said allegations are specifically denied, and strict proofthereofis hereby demanded at the time oftrial. " 4 By way offurther answer, the Commonwealth Defendants specifically deny tlmt they or any of their agents or servants were negligent, careless and reckless in any manner with respect to Plaintiff's alleged cause of action or in any manner caused the alleged accident or injuries to Plaintiff. By way of further answer, after reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or infonnation to fonn a belief as to !he truth of Plaintiff's alleged past and future expenditure of various sums of monies for medicines lInd medical attention for the care, treatment and attempted cure of his alleged injuries, and therefore, said avennents arc specifically denied, 15. Denied, The allegations set forth in paragraph IS of Plaintiff's Complllint constitute conclusions oflaw to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure, To the extent that portions of paragraph 15 could be construed as factual allegations, said allegations arc specifically denied, and strict proof thereof is hereby demanded at the time of trial. By way of further answer, the Commonwealth Defendants specifically deny that they or any of their agents or servants were negligent, careless and reckless in any manner with respect to Plaintiff's alleged cause of action or in any manner caused the alleged accident or injuries to Plaintiff. By way of further answer, after reasonable investigation, the Commonwealth Defendants are without sufficient knowledge or infonnation to fonn a belief as to the truth of Plaintiff's alleged past and future inability to perfonn his usual duties, activities, occuplltion IIml avocation and therefore, said avennents arc specifically denied. 5 WHEREFORE, Commonwealth Defendants respectfully request that judgment be entered in their favor and against all other parties. NEW MATTER 16, The present action is controlled by the provisions of I Pa, C,S, ~231 0 and Act No. 1980-142, sct forth in 42 Pa, C.S. ~~850I, et seq" which Acts are incorporated herein and pled by reference, The Commonwealth Defendants assert all the defenses contained therein, 17, The Commonwealth Defendants are immune from suit pursuant to I Pa, C,S, ~23 10, and this action is not within any of the exceptions to immunity as set forth in 42 Pa. C,S, ~8522, and therefore this action is barred, 18, The Commonwealth Defendants maintain that they cannot be sued for discretionary functions, and therefore these causes of action are barred, 19, The Commonwealth Defendants aver that recovery cannot be had against them for the exercise of authorized discretion, 20. Should liability be found on the part of the Commonwealth Defendants, the amounts and types of damages recoverable in the present action are limited and controlled by 42 Pa. C.S. ~8528, 21. The Judicial Code at 42 Pa, C,S, ~5522(a), which section is incorporated herein and pled by reference, provides that the Commonwealth and the Attorney General must have received written notice of intent to sue within six (6) months from the date the cause of action accrues, In the absence of such notice, this action is barred. 22. The alleged conduct of the Commonwealth Defendants, standing alone, did not 6 , cause the Plaintiff's hann; therefore, the Commonwealth Defendants cannot bc hcld Iiahlc fbl'thc Plaintiff's alleged injuries and/or damages, 23, If the accident occurred as alleged, then the conduct complaincd of did nol causc the accident or the injuries complained of. 24. The Commonwealth Defendants aver that ifnegligcncc is found to cxistonthclr part, said negligence was not the proximate cause of Plaintiff's injurics, 25. If the accident occurred as alleged, then the conduct complaincd of did nol creatc a reasonably foreseeable risk ofthe accident or the injuries complained of. 26. The Commonwealth Defendants are absolved from liability becausc any negligence alleged on their part mcrely facilitated the Plaintiff's injuries and/or damages, 27. The Plaintiff was contributorily negligent and/or failed to mitigate his claimed damages, thereby limiting and/or barring any recovery, 28, Employees ofan agency of the Commonwealth of Penn sylvan in eannol be vicariously liable for the acts of others lower in the chain of command of the agency. 29, Defendant Frank Gillis at all times relevant hereto was an employee of the Commonwealth of Pennsylvania, Department of Corrections, and acting within the course and scope of his employment. 30, Commonwealth employees acting within the scope of their dUlies, arc "Commonwealth party" as defined by 42 Pa, C,S. ~850), 31, The Commonwealth parties are specifically entitled to the defenscs sel forth in 42 Pa. C,S,A, ~8524, which section is incorporated herein and pled by reference, 32, The Commonwealth Defendants invoke any and all common law defcnscs " " 7 , , available to them pursuant to 42 Pa. C.S, 98524. 33. The Commonwealth Defendants are immune from claims grounded upon negligent supervision or employment. 34, Plaintiff knowing and conscious assumption of the risk led to the alleged resulting injuries and is a bar to recovery. 35. The causal negligence of the Plaintiffis greater than any negligence on the part of the Commonwealth Defendants, and Plaintiff's recovery is therefore barred, or, in the alternative, must be diminished in accordance with the Pennsylvania Comparative Negligence Act. 36, The Commonwealth Defendants assert all defenses available to them under the Pennsylvania Workers' Compensation Act, and any successor statute and claims any defenses which may be available pursuant to said Act. 37, The Commonwealth Defendants may not be held responsible for injuries incurred by third parties which were allegedly caused by the acts of another, 38. Plaintiff is barred from recovery by reason ofthe fact that his conduct was reckless and wanton under the circumstances then and there existing. , , , ~ ! 8 1 ?,_ I", WHEREFORE. Commonwealth Defendants respectfully request lhatjudgmenl be entered in their favor and against all olher parties, Respeclfully submitted, D. MICHAEL FISHER Attorney General By: g.~~~ STEVEN C, GOULD ID #80156 Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: August 10, 1998 9 CERTIFICATE OF SERVIC/~ I hereby certify that I am this day serving the foregoing doculllenl(s) upon the (lergon(s) and in the manner indicated below: SER VICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: MICHAEL B. TOLCOTT, ESQUIRE ABRAMSON & FREEDMAN, L.L,C. 2128 LOCUST STREET PHILADELPHIA, PA 19103 (Attorney for Plaintiff) By: ~~~ STEVEN C, GOULD' ID #80156 Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 717-783-8035 - Direct Dial DATED: August 10, 1998 o f'; :YJ!i' 1",1, ;;: ;:1' t~5 ~.~ t~:: (.) ;I.~'( --J .~c, ,_OJ :;'-;"C: Z _cl -<, J..(,l "'" :-~ r~ - ~:.; !:: (.J ""......._..~"',. o "n =,J nifll ~ITl .,'11.:;] r", 1.. _7; {..J "'.~ L,~[:~ Om :;J ~ AIJRAMSON & FREEDMAN, L.L.C. By: JEFFREY M, FREEDMAN Attorney 1.0, No, 15818 MICHAEL (], TOJ,co'JT Attorney 1.0. No, 35035 2128 Locust Street Philndelphia, Pn. 19103 (215) 545-2400 Attorneys for Plnintiff ERNEST EDWARDS COURT OF COMMON PLEAS CUMDERLAND COUNTY vs, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, ET AL No, 98-1010 CIVIL PLAINTIFF'S REPLY TO NEW MA TIER OF THE COMMONWEALTH DEFENDANTS 16-38. The New Matter asserted in these parngrnphs constitutes conclusions of law to which no reply is required, To the extent that any of the allegations in the New Matter are deemed to constitute avennents offact, they are specifically denied, By way of further response, Plaintiffincorporntes by reference the allegations in his Complaint, ABRAMSON & FREEDMAN, L.L.C, DATE: gl;t4)'f~ I , By:M~ l? T~ JEFFREY M, FREEDMAN, ESQUIRE MICHAEL B, TOLCOTT, ESQUIRE I'. I Attorneys for Plaintiff CERTlFICATI~ OF S.:RVIO: I hereby certify that a true and correct copy of PllIintifrs Reply to New Matter was served first class mail, postage prepaid upon the following individuals lInd on the date set forth below: Steven C, Gould, Depute Attorney General Torts Litigation Section J 5th Floor Strawberry Square Harrisburg, P A 17120 ABRAMSON & FREEDMAN, L.L.C. DATE: 8/~l.d9~ , I BY: Nl~ t:. ~ MICHAEL B. TaLCOTT 2 J 28 Locust Street Philadelphia, P A 19103 (215) 545-2400 .....' AUltAMSON .~ IlltEEUMAN, L,L.C. BY: JEFFERY M, FREEDMAN. ESQUIRE A'rrolINIW I.D, No, 1511111 21211 LOCUST STlumr I'HILADllLPIIIA.I'A 19103 (215) 545-2400 A'rroIlNEYS FOil PLAINTIFF EIlNEST HOW AIlDS COUIlT OF COMMON PLEAS OF CUMBEIlLAND COUNTY VS, COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF CORRECTIONS -and. STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP -and- FRANK GILLIS. SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP -and- BOARD OF TRUSTEES, STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP No, 98-1010 CIVIL NOTICE OF CHANGE OF ADDRESS TO THE PROTHONOTARY: Please note that the address ofthe below signed counsel for Plaintiff will be changing as of June 5, 2000, The new address will be: The Widener Building, 5th Floor 1339 Chestnut Street Philadelphia, PA 19107 (215) 988-7205 Fax - (215) 988-7209 ABRAMSON & FREEDMAN, L.L.C. ~ Date: (") 0 [?, c:: W "'U~ - - '/' ~ffl L~ -c ;~'t '"1::1 Ze- N ;,~ ~r, c..;, :t-:' .. 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