HomeMy WebLinkAbout01-2575 FX
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Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Daniel R. Goodernote
Senior Deputy Attorney General
Direct Dial 717-783-3147
VICTOR CORTEZ,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: CIVIL TERM
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS and COMMONWEALTH:
OF PENNSYLVANIA,
Defendant : NO. 01-2575
NOTICE TO PLEAD
TO ALL PARTIES:
YOU ARE HEREBY REQUIRED to respond to the within New Matter within
twenty (20) days of the date of service hereof or a default judgment may be entered
against you.
RESPECTFULLY SUBMITIED:
D. MICHAEL FISHER
Attorney General
BY:
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DANIEL R. GOODEMOTE
Senior Deputy Attorney General
#30986
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Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Daniel R. Goodemote
Senior Deputy Attorney General
Direct Dial 717-783-3147
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VICTOR CORTEZ,
Plaintiff
v.
: CIVIL TERM
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS and COMMONWEALTH:
OF PENNSYLVANIA,
Defendant : NO. 01-2575
ANSWER AND NEW MATTER OF DEFENDANT
PENNSYLVANIA DEPARTMENT OF CORRECTIONS
AND COMMONWEALTH OF PENNSYLVANIA
Defendant, Pennsylvania Department of Corrections and Commonwealth of
Pennsylvania, by and through the Office of Attorney General, files the following Answer
to Plaintiffs Complaint:
1. Admitted.
2. It is admitted that the Defendant, Pennsylvania Department of
Corrections is a Commonwealth agency with a principal place of business located in
Camp Hill, Pennsylvania. It is further admitted that the Defendant has the
responsibility for the maintenance and operation of Graterford Prison. The remaining
allegations of paragraph 2 are conclusions of law to which no responsive pleading is
required.
3. Admitted.
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4. After reasonable invesJigation, the answering Defendant does not have
sufficient knowledge or informaJion to form a belief as to the truth of the allegations
made in paragraph 4.
5. After reasonable invesJigaJion, the answering Defendant does not have
sufficient knowledge or informaJion to form a belief as to the truth of the allegations
made in paragraph 5.
6. It is denied that the Defendant was negligent in any manner whatsoever.
After reasonable invesJigaJion, the Defendant does not have sufficient knowledge or
informaJion to form a belief as to the truth of the averments as to the cause of
PlainJiffs fall or the extent of his injuries. It is denied that a hazardous or dangerous
condition existed to pedestrians at the time of the accident.
7. It is denied that Defendant failed to provide PlainJiff with proper and
adequate medical care and attention or that any act or failure to act on the part of the
Defendant caused any type of harm to the PlainJiff. It is further denied that Plaintiff has
any permanent impairment of his bodily functions.
8. Denied as stated. The Defendant has those duJies and responsibiliJies
prescribed by applicable statutes and regulations. To the extent paragraph 8 describes
duJies beyond those prescribed by law, they are denied.
9. Denied as stated. The Defendant has those duJies and responsibilities
prescribed by applicable statutes and regulaJions. To the extent paragraph 8 describes
duties beyond those prescribed by law, they are denied.
10. Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of
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Civil Procedure.
II. The allegations contained in paragraph II are conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is
required, the allegations are specifically denied.
12. It is denied that Defendant was negligent or careless in any manner
whatsoever or that any act or failure to act by the Defendant caused the injuries
described in paragraph 12 of Plaintiffs Complaint. After reasonable investigation, the
answering Defendant does not have sufficient knowledge or information to form a
belief as to the truth of the remaining allegations made in paragraph 12.
13. After reasonable investigation, the answering Defendant does not have
sufficient knowledge or information to form a belief as to the truth of the allegations
made in paragraph 13 and they are therefore denied.
14. After reasonable investigation, the answering Defendant does not have
sufficient knowledge or information to form a belief as to the truth of the allegations
made in paragraph 14 and they are therefore denied.
15. After reasonable investigation, the answering Defendant does not have
sufficient knowledge or information to form a belief as to the truth of the allegations
made in paragraph 15 and they are therefore denied.
16(a)-(m). Denied generally pursuant to Rule I029(e) of the Pennsylvania Rules
of Civil Procedure.
17. The allegations of paragraph 17 are denied as conclusions of law to
which no responsive pleading is required.
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1 B. It is denied that Plaintiff was injured as a result of any act or omission by
the Defendant.
WHEREFORE, Defendant demands judgment in its favor and against Plaintiff.
NEW MATTER
19. This action is barred by the applicable statute of limitations.
20. The present action is controlled by the provisions of 1 Pa. e.S. g2310 and
Act No. 1980-142, set forth in 42 Pa. e.S. gg8501, et seq., which Acts are incorporated
herein and pled by reference. The Commonwealth Defendant asserts all the defenses
contained therein.
21. The Commonwealth Defendant did not have notice, written or
otherwise, of the allegedly dangerous condition, or in the alternative, if said notice was
received, it was not received in sufficient time prior t6 the alleged accident for the
Commonwealth Defendant to have corrected or to have warned the traveling public of
the allegedly dangerous condition.
22. There is no cause of action based upon a failure to inspect or improper
inspection in that sovereign immunity has not been waived for such claims.
23. The Commonwealth party is immune from suit pursuant to 1 Pa. C.S.
g2310, and this action is not within any of the exceptions to immunity as set forth in 42
Pa. e.S. g8522, and therefore this action is barred.
24. Should liability be found on the part of the Commonwealth Defendant,
the amounts and types of damages recoverable in the present action are limited and
controlled by 42 Pa. e.S. g8528.
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25. The Commonwealth Defendant avers that if negligence is found to exist
on its part, said negligence was not the proximate cause of Plaintiffs injuries.
26. The Plaintiff was contributorily negligent and/or failed to mitigate the
claimed damages, thereby limiting and/or barring any recovery.
WHEREFORE, Defendant demands judgment in its favor and against Plaintiff.
RESPECTFULLY SUBMITTED:
D. MICHAEL FISHER
ATTORNEY GENERAL
BY: ~~f.~th~~
DANIEL R. GOODEMOTE
Sr. Deputy Attomey General
#30986
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VERIFICATION
I, DANIEL R. GOODEMOTE, hereby verify that I am counsel for the Defendant
Commonwealth party in the foregoing action, and also verify that the foregoing
statements are true and correct to the best of my knowledge, information and belief.
understand that I am subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities for any false statements knowingly made herein.
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DANIEL R. GOODEMOTE
SENIOR DEPUTY ATTORNEY GENERAL
#30986
DATED:
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CERTIFICATE OF SERVICE
I hereby certify that I am this day sending a copy of the foregoing document to
all persons and in the manner indicated below.
SERVICE MADE BY FIRST CLASS MAIL
ADDRESSED AS FOLLOWS:
Victor Cortez
CF 9488
P.O. Box 1000
State Route 2007
Graterford, PA 16698.1000
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DANIEL R. GOODEMOTE .
Senior Deputy Attorney General
#30986
Office of Attorney General
Torts Litigation Section
15th Fl., Strawberry Square
Harrisburg, PA 17120
(717) 783-3j47J
DATED: 1-/1'1 DI
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Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Daniel R. Goodemote
Senior Deputy Attorney General
Direct Dial 717-783-3147
VICTOR CORTEZ,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL TERM
PENNSYL VANIA DEPARTMENT OF
CORRECTIONS and COMMONWEALTH:
OF PENNSYLVANIA,
Defendant
: NO. 01-2575
PENNSYL VANIA DEPARTMENT OF CORRECTIONS
AND COMMONWEALTH OF PENNSYLVANIA'S
PETITION FOR CHANGE OF VENUE
AND NOW, comes the Defendants, Pennsylvania Department of Corrections and
Commonwealth of Pennsylvania (Commonwealth Defendants), by and through the Office of
Attorney General, hereby files this Petition for Change of V enue pursuant to Rule I 006( d)( I) of the
Pennsylvania Rules of Civil Procedure. In support, the Commonwealth Defendants aver:
I.Victor Cortez (Plaintiff), commenced this action against the Commonwealth Defendants
by filing a Writ of Summons in the Court of Common Pleas of Cumberland County on or about May
1,2001.
2. On or about September 12, 200 I, proceeding pro se, Plaintiff filed a Complaint against
the Commonwealth Defendant. (A copy of Plaintiffs Complaint is attached as Exhibit A.)
3. This case arises from an alleged slip and fall which occurred at the State Correctional
Institution at Graterford (SCI-Graterford), located at Graterford, Montgomery County, Pennsylvania.
4. On or about May 4, 1999, Plaintiff, was an inmate at SCI-Graterford. He allegedly
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fell while walking down a metal staircase adjacent his cellblock. (Complaint ~~ 4 & 6).
5. According to his Complaint, Plaintiff was injured in the fall. (Complaint~ 6).
6. Presently, Plaintiff is incarcerated at SCI-Houtzdale.
7. The Pennsylvania Department of Corrections is an agency of the Commonwealth of
Pennsylvania. Its principal office is located in Cumberland County.
8. The alleged injury for which Plaintiff instituted this cause of action occurred at SCI-
Graterford in Montgomery County.
9. Venue in actions for claims against a Commonwealth party are regulated by Section
8523 of the Judicial Code which states that actions against a Commonwealth party may be brought
in a county in which the principal or local office of the Commonwealth party is located, or in which
the cause of action arose, or where a transaction or occurrence took place out of which the action
arose. See, 42 Pa. C.S.A. g 8523.
10. The only connection this case has to Cumberland County is that the Department of
Corrections' principal office is located in Lower Allen Township (Camp Hill).
II. For the convenience of the parties and witnesses, this Court may transfer an action
to an appropriate court in any other county where the action could have originally been brought.
Pa.R.C.P. 1006(d)(J).
12. Since the Department of Corrections has a local office in Montgomery County, the cause
of action arose in Montgomery County, and the witnesses and evidence would most likely be found
in Montgomery County, this case should be transferred to Montgomery County, Pennsylvania, the
most convenient forum for this action.
13. Plaintiff does not oppose the transfer of this case to Montgomery County. A copy of
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Plaintiff's letter to Defendant's counsel affirming that he does not oppose the transfer of this case
is attached as Exhibit B.
WHEREFORE, the Commonwealth Defendant respectfully requests that this Honorable
Court grant its petition for change of venue and transfer the above-captioned matter to Montgomery
County, a proper and more convenient forum for this action.
Respectfully submitted,
D. MICHAEL FISHER
Attorney General
By:
",D IEL R. GOODEMOTE #30986
Senior Deputy Attorney General
DATED:
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Todc.y I rew'vc. Q legC-lI letter where your otti~e ;n!Onn
+0 me c1;d yoU .fi'le c. ?et;.j.I~Y1 +0 fronsterrd +0 montpmery Coun+y mIl
CI'V/! co.se. a~:nt The "f6, Con'ec~l~n De~r+merJ. I do not oppose -io the
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ThcmKS fur you ietter, and :r i-upe we (:(.In reDch
Cl po;nt -b tl~,sh w',th -tbs in the. best VJCA)' .(Qr both ports,
RECEIVED
Office 0; Attorney General
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-lorts Litigation
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CERTIFICATE OF SERVICE
I hereby certify that I am this day sending a copy of the foregoing document to
all persons and in the manner indicated below.
SERVICE MADE BY FIRST CLASS MAIL
ADDRESSED AS FOLLOWS:
Victor Cortez
CF 9488
P.O. Box 1000
State Route 2007
Houtzdale, PA ]6698-1000
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~ IEL R. GOODEMOTE
Senior Deputy Attorney General
#30986
Office of Attorney General
Torts Litigation Section
] 5th Fl., Strawberry Square
Harrisburg, PA 17]20
(717)783-3147/ I
DATED: /1/1"'1 0 I
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SEMANOFF, ORMSBY, GREENBERG & TORCHIA, LLe
BY: HAROLD SEMANOFF, ESQUIRE
Identification No. 25366
Suite 200 . Jenkins Court
610 Old York Road
Jenkintown, P A 19046
(215) 887-2058
ATTORNEYS FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VICTOR CORTEZ
CF 9488
P.O. BOX 1000
HOUTZDALE, PA 16698-1000
NO. 01 - ;;zSt/S
Cu ~ l 1'C/IJ'1
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS
55 UTLEY DRIVE
CAMP HILL, PA 17011
and
COMMONWEALTH OF PENNSYLVANIA
C/O ATTORNEY GENERAL
21 SOUTH 121H STREET, THIRD FLOOR
PHILADELPHIA, PA I9107
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Kindly issue a Summons against both Defendants in the captioned Civil Action and forward the
same to the Sheriff of Cumberland County for service.
DATED:
1f/3D(ol
SEMANOFF, ORMSBY & GREENBERG, LLP
BY "~ ~_
. OLD SEMANOFF, ESQUI
ATTORNEYS FOR PLAINTIFF
WRIT OF SUMMONS
TO DEFENDANTS PENNSYLVANIA DEPARTMENT OF CORRECTIONS AND
COMMONWEALTH OF PENNSYL VANIA:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF VICTOR CORTEZ HAS
COMMENCED AN ACTION AGAINST YOu.
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PROTHONOTARY
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Deputy
DATE: fYl~y I, 2c)ol
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Office of Attomey General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Daniel R. Goodemote
Senior Deputy Attomey General
Direct Dial 717-783-3147
VICTOR CORTEZ,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: CIVIL TERM
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS and COMMONWEALTH :
OF PENNSYLVANIA,
Defendant : NO. 01-2575
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, Pennsylvania
Department of Corrections and Commonwealth of Pennsylvania in the above-
captioned action.
D. MICHAEL FISHER
Attomey General
By Jil.'~,{~
IEL R. GO EMOTE ID #30986
Senior Deputy Attomey General
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CERTIFICATE OF SERVICE
I hereby certify that I am this day sending a copy of the foregoing document to
all persons and in the manner indicated below.
SERVICE MADE BY FIRST CLASS MAIL
ADDRESSED AS FOLLOWS:
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Harold Semanoff, Esquire
Jenkins Court, Suite 200
610 Old York Road
Jenkintown, PA 19046
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NIEL R. aDEM aTE
Senior Deputy Attorney General
#30986
Office of Attorney General
Torts Litigation Section
15th Fl., Strawberry Square
Harrisburg, PA 17120
(7] 7) 783-31~7 \
DATED: ~\ IG 0 \
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Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Daniel R. Goodemote
Senior Deputy Attorney General
Direct Dial 71 7 -783-314 7
VICTOR CORTEZ,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: CIVIL TERM
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS and COMMONWEALTH :
OF PENNSYLVANIA,
Defendant : NO. 01-2575
PRAECIPE FOR RULE TO FILE COMPlAINT
Please issue a Rule upon Plaintiff, Victor Cortez, to file a Complaint against the
Defendant, Pennsylvania Department of Corrections and Commonwealth of
Pennsylvania within twenty (20) days from the date of service of Rule or suffer entry of
judgment non pros.
Respectfully submitted,
D. MICHAEL FISHER
Attorney General
By:
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~OODEMOTE - #30986
Deputy Attorney General
DATED: ~2-"\\O\
RULE
AND NOW, this JcrJ-' day of ~'-<Sf- , 200 I, a Rule is hereby entered as
above.
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CERTIFICATE OF SERVICE
I hereby certify that I am this day sending a copy of the foregoing document to
all persons and in the manner indicated below.
SERVICE MADE BY FIRST CLASS MAIL
ADDRESSED AS FOLLOWS:
Harold Sernanoff, Esquire
Jenkins Court, Suite 200
610 Old York Road
Jenkintown, PA 19046
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---uANIEL R. DEMOTE
Senior Deputy Attorney General
#30986
Office of Attorney General
Torts Litigation Section
15th Fl., Strawbeny Square
Harrisburg, PA 17120
(717) 783-3~47 \
DATED: 8"\?-- q 0 I
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VICTOR CORTEZ, PRO SE
CF 9488
P.O. BOX 1000
State Route 2007
Graterford, P A 16698-1000
814-378-1000
VICTOR CORTEZ, PRO SE
PLAINTIFF
CUMBERLAND COUNTY,
PENNSYL VANIA
COURT OF COMMON PLEAS
CIVIL TERM
NO. 01-2575
VICTOR CORTEZ
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS
and
COMMONWEALTH OF PENNSYLVANIA
C/O ATTORNEY GENERAL
WlTIIDRA W AL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance in the captioned matter.
ENBERG & T
OFF,
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance as Attorney Pro Se for Plaintiff in the above matter.
By:
\1\ ~&~_.,
VICTOR CORTEZ, PRO SE
PLAINTIFF
DATED:
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CERTIFICATE OF SERVICE
I hereby certify that on the date indicated below service of a true and correct copy of the
foregoing WITHDRAWAL AND ENTRY OF APPEARANCE was made upon all counsel of record
and/or unrepresented parties by regular First Class Mail, postage prepaid.
BY:
D\.~~
VICTOR CORTEZ, PRO SE
PLAINTIFF
DATED:
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VICTOR CORTEZ, PRO SE
CF 9488
P.O. BOX 1000
State Route 2007
Houtzdale, P A 16698- 1000
814-378-1000
VICTOR CORTEZ
CF 9488
P.O. BOX 1000
HOUTZDALE, P A 16698-1000
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS
55 UTLEY DRIVE
CAMP HILL, PA 17011
VICTOR CORTEZ, PRO SE
PLAINTIFF
CUMBERLAND COUNTY, PENNSYLVANIA
COURT OF COMMON PLEAS
CIVIL TERM
NO. 01-2575
CIVIL ACTION -COMPLAINT
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages,
you must take action within twenty (20) days after
this complaint and notice are served by entering a
written appearance personally or by attorney and
filing in writing with the court your defenses or
objections to the claims set forth against you. You
are warned that if you fail to do so the case may
proceed without you and ajndgment may be entered
against you by the court without further notice for
any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You
may lose money or property or other rights
important to you.
YOU SHOULD TAKE TillS 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 FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral and Information Service
2 Liberty Place
Carlisle, PAl 70 13
1-717-249-3166
1-800-990-9108
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A VISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita sus defensas 0 sus
objeciones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara
medidas y puede continuar la demanda en contra suya
sin previo aviso 0 notificacion. Ademas, la corte puede
decidir a favor del demandante y requiere que usted
cumpla con todas las provisiones de esta demanda.
Usted puede perder dinero 0 sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO 0
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO. VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUY A
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA A VERIGUAR DONDE SE PUEDE
CONSEGUlR ASISTENCIA LEGAL.
ASOCIACION DE LICENCIADOS DE
CUMBERLAND CO.
Servicio De Referencia E Informacion Legal
2 Liberty Place
Carlisle, PA 17013
1-717-249-3166
1-800-990-9108
VICTOR CORTEZ, PRO SE
CF 9488
P.O. BOX 1000
State Route 2007
Graterford, PA 16698-1000
814-378-1000
VICTOR CORTEZ, PRO SE
PLAINTIFF
CUMBERLAND COUNTY,
PENNSYLVANIA
COURT OF COMMON PLEAS
VICTOR CORTEZ
CF 9488
P.O. BOX 1000
GRATERFORD, PA 16698-1000
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS
55 UTLEY DRIVE
CAMP HILL, P A 17011
CIVIL TERM
NO. 01-2575
CIVIL ACTION -COMPLAINT
1. Plaintiff Victor Cortez is an adult individual currently residing at the above
captioned address who at all times relevant hereto was an inmate at Graterford Prison located in
Graterford, Pennsylvania.
2. Defendant Pennsylvania Department of Corrections (hereinafter sometimes
referred to as the "Dept. of Corrections") is upon information and belief a Commonwealth
Agency with its principal place of business at the above captioned address and which at all times
relevant hereto was charged with the responsibility for the maintenance and operation of
Graterford Prison and for caring for the safety and health of the inmates, including Plaintiff
herein.
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3. At all times relevant hereto, Defendant Dept. of Corrections has acted through its
duly authorized officers, agents and/or employees acting within the course and scope of their
agency and/or employment and authority with respect to the operation of Graterford Prison.
4. On or about May 4, 1999, Plaintiff Victor Cortez was walking down a metal
staircase adjacent to the showers of his cell block.
5. At the same time, other inmates were or recently had been showering in the
showers above and adjacent to the staircase.
6. As a result of Defendant's negligence as more particularly set forth below,
Plaintiff was suddenly and without warning caused to slip, trip, stumble and fall and to sustain
severe and adverse physical injuries, as more particularly set forth below, by reason of the water
leaking onto the staircase, which created a hazardous and dangerous condition to pedestrians,
including Plaintiff.
7. Following the aforesaid occurrence, Defendant failed to provide Plaintiff with
proper and adequate medical care and attention, as more particularly set forth below, as a result
of which Plaintiffs injuries failed to properly heal and have resulted in a permanent impairment
of his bodily functions.
8. At all times relevant hereto, Defendant has had under its care, direction and
responsibility, the supervision, inspection, control and maintenance and repair of the showers and
stairways within the commissary at Graterford Prison.
9. It was the duty of Defendant to properly inspect, repair and maintain showers,
drains and stair case for the protection of pedestrians walking thereon, including Plaintiff.
10. Plaintiff Victor Cortez avers that the aforesaid dangerous condition of or on the
staircase existed for a sufficient length of time prior to the aforesaid occurrence for the Defendant
to have had actual and/or constructive knowledge or notice of the dangerous condition.
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11. Defendant had a duty to warn Plaintiff of the dangerous condition of or on the
floor and to otherwise inspect, maintain, rectifY, clean, clear and/or otherwise correct the
aforesaid dangerous condition, but fiegligently failed to properly do so.
12. As a sole result of the aforementioned accident caused by the negligence and
carelessness of Defendant as set forth below, Plaintiff Victor Cortez sustained serious, painful
and permanent injuries including, but not limited to his back, hip, pelvis, neck, head, eyes and
ligaments in his leg and foot, together with a severe shock to his nerves and nervous system,
excruciating and agonizing aches, pains and mental anguish which injuries are permanent in
nature.
13. As a further result of this incident, Plaintiff Victor Cortez has been and continues
to be obligated to receive medical attention and care and to expend various sums of money and
incur diverse medical expenses because of the severe injuries which he has suffered, and he will
be obliged to continue to make medical, hospital and surgical expenditures for an indefinite time
in the future, all to his great and continuing detriment and loss, which reasonable and necessary
medical expenses are, or expected to exceed $1,500.00.
14. As a further result of the incident, Plaintiff Victor Cortez has, may and will
probably in the future continue to suffer great pain, and he has been and probably will in the
future be hindered and prevented from attending to his usual daily duties and labors, all to his
great and continuing detriment and loss.
15. As a further result of the incident, Plaintiff Victor Cortez has suffered an injury
which is in full or in part constitutes a permanent loss of a bodily function.
16. The carelessness and negligence of Defendant consisted of the following:
(a) Allowing water from the showers and upper floors to spill onto the metal
staircase when Defendant knew or should have known that pedestrians including Plaintiff would
be required to walk on the same;
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(b) Installing insufficient lighting to allow the surface of the staircase and
accumulated water to be visible to pedestrians including Plaintiff who would be required to walk
on the same;
(c) Failing to warn or otherwise notifY Plaintiff Victor Cortez and others
similarly situated of the aforesaid condition of or on the staircase;
(d) Creating the aforesaid dangerous condition of or on the staircase and
failing to provide adequate and safe walking conditions;
(e) Disregarding the rights, safety and position of Plaintiff Victor Cortez and
others similarly situated;
(f) Failing to properly maintain the aforesaid showers and staircase III a
condition that would protect and safeguard persons such as the Plaintiff and others lawfully
walking thereon;
(g) Failing to correct or otherwise remedy the otherwise dangerous condition
of or on the shower and/or staircase;
(h) Failing to provide adequate warning signs with regard to the condition of
or on the shower and/or staircase;
(i) Failing to properly inspect the aforesaid showers and/or staircase in order
to assure that it was safe for passage;
G) Failing to properly maintain and manage the aforesaid showers, floors and
staircase so that they would be safe for pedestrians thereon;
(k) Failing to warn Plaintiff of the dangerous condition of or on the aforesaid
staircase;
(I) Improperly performing the cleaning and/or maintenance of or on the floor,
showers and staircase at the subject location; and
(m) Failing to supervise the cleaning and maintenance and repairs of or on the
aforesaid showers and/or staircase.
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17. Defendant breached its duty owed to Plaintiff by its negligent conduct, as more
particularly stated above.
18. As a direct result of the aforesaid acts and omissions, Plaintiff Victor Cortez has
sustained multiple injuries and damages, as more particularly stated above.
WHEREFORE, Plaintiff Victor Cortez claims damages of Defendant Pennsylvania
Department of Corrections for an amount in excess of Fifty Thousand Dollars ($50,000.00) along
with interest and costs as provided by law.
By:
m. (0 OIL.....
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VICTOR CORTEZ, PRO SE
PLAINTIFF
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DATED: ~
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VERIFICATION
I, VICTOR CORTEZ, hereby verifY that I am the Plaintiff in this matter; that the
averments or denials of facts contained in the foregoing document are true and correct based
upon information and belief; and that false statements made herein are subject to the penalties of
18 Pa. C.S. 4904 relating to unswom falsification to authorities.
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VICTOR CORTEZ
DATED:
C[h(ol
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CERTIFICATE OF SERVICE
I hereby certifY that on the date indicated below service of a true and correct copy of the
foregoing CIVIL ACTION-COMPLAINT was made upon all counsel of record and/or unrepresented
parties by regular First Class Mail, postage prepaid.
BY:
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VICTOR CORTEZ, PRO SE
PLAINTIFF
DATED:
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DE.G 2 8 2001 ~
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Daniel R. Goodemote
Senior Deputy Attorney General
Direct Dial 717-783-3147
VICTOR CORTEZ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL TERM
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS and COMMONWEALTH:
OF PENNSYLVANIA,
Defendant
: NO. 01-2575
ORDER
AND NOW, this 3wL day of
\
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, 2001, upon consideration of the
Commonwealth Defendants' Petition for Change of Venue and Plaintiff's letter that he does not
oppose the Motion, it is hereby Ordered that this case shall be transferred to the Court of Common
Please of Montgomery County, Pennsylvania. The Commonwealth Defendants shall bear the cost
of this transfer.
J.
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MIKE FISHER
ATTORNEY GENERAL
March 26, 2002
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COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERA
Torts Litigation Section
Suite 102
2490 Blvd. of the Generals
Norristown, PA 19403
(610) 631-5981
Prothonotary Office
Montgomery County Courthouse
P.O. Box 311
Norristown, PA 19403-0311
Re: Cortez v. Pennsylvania Department of Corrections, et al.
Dear Sir/Madam:
Please find enclosed a check in the amount of $214.50 the cost
for filing this case. This case was transferred from Cumberland
County to Montgomery County. Kindly file in accordance with
procedure.
Thank you.
Very truly yours,
~ d--- ~
patricia A. Miller
Special Investigator to
JANE H. FISHER
Sr. Deputy Attorney General
pam
Enclosure
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OFFICE OF PROTHONOTARY
COURTHOUSE
Daniel R. Goodanote
Senior Deputy Attorney General
'T'nrt~ T.iti'JAtinn Section
15th Floor, Strawberry Square
IIIi.L.L';'6\)u.L;j, FA 17120
Carlisle, PA JanuaIy 10, 2002
Fees to Transfer Case to Montgomery County
Victor Cortez
vs.
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28 conies ra S.50 each - Amount Due >:14 00
AU: Becky
MAKE CHECK PAYABLE TO PROTHONOTARY, COMMON PLEAS COURT
TO The County of Cumberland
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M.Ctd~d CuR.. 1-0 (lJonf-1jOPlerr (l.oVI\?
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VICTOR CORTEZ
IN THE COURT OF CCMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
PENNSYLVANIA DEPARIMENT OF
CORRECTIONS AND C<M1ONWEALTH
OF PENNSYLVANIA
No. 01-2575 Civil Term
THE COURT OF CCMMON PLEAS OF
MONTGOMERY COUNTY, PENNSYLVANIA
Please acknowledge receipt of this case by signing and dating this document.
RECORD RECEIVED:
Date:
(signature & title)
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2001-02575 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CORTEZ VICTOR
VS
PA DEPTMENT OF CORRECTIONS
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
COMMONWEALTH OF PENNSYLVANIA
c/O ATTORNEY GENERAL
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of PHILADELPHIA
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On April
19th , 2002 , this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Philadelphia
6.00
9.00
10.00
116.00
.00
141. 00
04/19/2002
SEMNOFF ORMSBY
~
So answ . F", "
R~ homas KI ine .:::. /
Sheriff of Cumberland County
GREENBERG
Sworn and subscribed to before me
this !p. day of ~
,2(HJ;L A.D.
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Prothonotary
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SHERIFFtS RETURN - REGULAR
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CASE NO: 2001-02575 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CORTEZ VICTOR
VS
PA DEPTMENT OF CORRECTIONS
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
PENNSYLVANIA DEPARTMENT OF CORRECTIONS
the
DEFENDANT
, at 1038:00 HOURS, on the 2nd day of May
2001
at 55 UTLEY DRIVE
CAMP HILL, PA 17011
by handing to
JENNIFER SCHADE, CLERK
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.68
.00
10.00
.00
36.68
So Answers:
r~~~
R. Thomas Kline
04/19/2002
SEMANOFF ORMSB
Sworn and Subscribed to before By:
me this /..J-
day of
fk; .;Jt9o ..;u A. D .
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P 0 honotary . ~
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