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Home My WebLink About01-04353z' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELLA M. LINCOLN and JOHN LINCOLN, her husband, Plaintiffs. V. COMMONWEALTH OF PENNSYLVANIA And COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS. Defendants. CIVIL LAW NO.: vI-`P353 0.z?- R- PRAECIPE FOR WRIT OF SUMMONS IN A CIVIL ACTION To: Prothonotary Kindly issue a WRIT OF SUMMONS in a civil action against the above named defendants. Darrell L. Kadunce, Esquire .r ? rte. D,? IG U? G II Commonwealth of Pennsylvania County of Cumberland Della M. Lincoln and John Lincoln, her husband Court of Common Pleas V& No. ___ Ol_ 4353 Civil Tenn Catmonwealth of Pennsylvania and Commonwealth of Pennsylvania Civil-Action-Law--- Department of Corrections ToCcrtmonnwealth-of Pe_nnsyl_v_ania and_ Cgrenonwealth of Pennsylvania Department of Corrections You are hereby notified that Della M._ U??t?41n ........................... the Plaintiff have commenced an action in __r_iv3b.Jaw-------------------------------- ----- 19 against you which you are required to defend or a default judgment may be entered against you. (SEAL) ---Curtis R__Long ---------------- Prothonotary Date _ July_ 191_ 2001 ------------- 44---- BY -- ----- ------------------------ Deputy aov/ I I m rt C n D D o I I r S I - I H rt o rn N o cu o CO (D rt I m (D rt IQ I I I I p? r` ox ' 6L i I NN r w rt o? 7n C) i g? Hmm ?a 1 N C C i i I m aJz I ? I I a i]+ 300 North McKean Street Butler, PA 16001 July 18, 2001 Cumberland County Courthouse Office of the Prothonotary One Courthouse Square Carlisle, PA 17013 RE: Della M. Lincoln, et al. v. Commonwealth of Pennsylvania, et al. Dear Sir or Madam: Butler (724) 282-1360 Mercer (724) 662-1396 Fax (724) 282-1440 Please find enclosed our Praecipe for Writ of Summons in a Civil Action in regard to the above referenced matter. Please issue two Writs for the above named defendants and return them to our office in the enclosed self-addressed, stamped envelope. We will make service at a later date. I have enclosed our draft in the amount of Forty-Five and 501100 ($45.50) dollars which represents the filing costs as per my conversation with your office. Thank you for your attention to this matter. Should you have any questions regarding this matter, please feel free to contact us. Very truly yours, isa Hawk a Haw Paralegal /ldh Enclosures LAW OFFICES DARRELL L. KADUNCE P.S. Statute of Limitations on this matter ends Thursday, July 19, 2001. Therefore, any questions call us immediately. Our office is only open until 12:00 p.m. on Thursday. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELLA M. LINCOLN and CIVIL LAW JOHN LINCOLN, her husband, Plaintiffs. V. NO.: 01-4353 Civil Term COMMONWEALTH OF PENNSYLVANIA And COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS. Defendants. PRAECIPE TO REINSTATE WRIT OF SUMMONS IN A CIVIL ACTION To: Prothonotary Kindly reissue the WRIT OF SUMMONS in a civil action against the above named defendants. D Kadunce, Esquire 73 U- rn?_- z ?. :n - i0 _ Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DELLA M. LINCOLN and JOHN LINCOLN, her husband, Daniel R. Goodemote Senior Deputy Attorney General Direct Dial 717-783-3147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA and COMMONWEALTH: OF PENNSYLVANIA, DEPARTMENT OF : CORRECTIONS, Defendant NO. 01-4353 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Department of Corrections, in regard to the above case. DANIEL R. GOODEMOTE SR. DEPUTY ATTORNEY GENERAL #30986 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: Darrell L. Kadunce, Esquire 300 North McKean Street Butler, PA 16001 41EL R. GO DEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-31J7 DATED: q//°'o 1 'i3. I ri'w - --v 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 DELLA M. LINCOLN and JOHN : IN THE COURT OF COMMON PLEAS OF LINCOLN, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA and COMMONWEALTH: OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Defendant NO.01-4353 Civil Term PRAECIPE FOR RULE TO FILE COMPLAINT Please issue a Rule upon Plaintiffs, Della M. Lincoln and John Lincoln, to file a Complaint against the Defendant, Commonwealth of Pennsylvania, Department of Corrections, 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: DANIEL R. GOODEMOTE - #30986 Deputy Attorney General DATED: 7I> ° I0 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: Darrell L. Kadunce, Esquire 300 North McKean Street Butler, PA 16001 DANIEL R. G EMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-314 DATED: q 18101 [3 c.? C: C? _.. r= ?° csx - - 'LT E? i?l -r. ` i? -^? _' - m.i ._.- _ _.__ -C e:?. ??'' -G C f1 SHERIFF'S RETURN - REGULAR & E 40: 2001-04353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINCOLN DELLA M ET AL VS PENNSYLVANIA COMMONWEALTH OF E BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS PENNSYLVAN DEFENDANT was served upon COMMONWEALTH OF DEPARTMENT OF CORRECTIONS the , at 1000:00 HOURS, on the 20th day of August , 2001 at 55 UTLEY DRIVE CAMP HILL TRACEY MCCULLOUGH by handing to ADMIN OFFICER 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 Coots: Docketing 6.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 25.10 Sworn and Subscribed to before me this 1,2 =" day of tA.D::t - ? Prothonotary So Answers: R. Thomas Kline 09/04/2001 DARRELL KADUNCE By ,/ Deputy Sheri f SHERIFF'S RETURN - OUT OF COUNTY CASE 140: 2001-04353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINCOLN DELLA M ET AL VS PENNSYLVANIA COMMONWEALTH OF E 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: PENNSYLVANIA COMMONWEALTH OF but was unable to locate Them LITIGATION SECTION deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On September 4th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 25.50 .00 62.50 09/04/2001 DARRELL KADUNCE So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this jd ffl day of -2rry, A. D. Prothonotary` in his bailiwick. He therefore 1-11x In The Court of Common Pleas of Cumberland County, Pennsylvania Della LinColn and John Lincoln vs. Commonwealth of Pennsylvania No. 7nnl-4-49-? [f.r;l Term Now, Auaus t 17, 2001 20, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof Sheriff of Sworn and subscribed before me this _ day of 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20, at o'clock M. served the I , Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff at 10:25AM served the within Commonwealth of Pennsylvania LINCOLN DELLA M & JOHN LINCOLN, HER vs County of Dauphin PA ATTORNEY GENERAL'S OFFICE Sheriff's Return No. 2391-T - - -2001 OTHER COUNTY NO. 2001-4353 AND NOW: August 27, 2001 SUMMONS PA ATTORNEY GENERAL'S OFFICE to ANITA LAUCK (RECPT) of the original upon by personally handing 1 true attested copy(ies) SUMMONS to him/her the contents thereof at STRAWBERRY SQUARE 16TH FLOOR HBG, PA 17120-0000 Sworn and subscribed to before me this 29TH day of AUGUST, 2001 PROTHONOTARY Office of t4r 4Prrff So A/nsswers,ly ?W.?'"-" J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy and making known Sheriff of Dauphin County, Pa. v By Deputy Sheri f Sheriff's Costs: $25.50 PD 08/24/2001 RCPT NO 153515 HAYES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELLA M. LINCOLN and CIVIL LAW JOHN LINCOLN, her husband, Plaintiffs. V. NO.: 01-4353 Civil Term COMMONWEALTH OF PENNSYLVANIA And COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS. Defendants. 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 A JUDGMENT 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 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 PHONE (717) 249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELLA M. LINCOLN and JOHN LINCOLN, her husband, Plaintiffs. V. COMMONWEALTH OF PENNSYLVANIA And COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS. Defendants. CIVIL LAW NO.: 01-4353 Civil Term COMPLAINT IN CIVIL ACTION AND NOW come the plaintiffs by and through their attorney Darrell L. Kadunce, Esquire and present the following as their Complaint in the above captioned matter: 1. The plaintiffs Della M. Lincoln and John Lincoln, her husband are individuals who reside at 405 Ridge Avenue, Butler, PA 16001. 2. Defendant Commonwealth of Pennsylvania is a sovereign State of the United States of America. 3. The Commonwealth of Pennsylvania Department of Corrections is a Political Subdivision/Agency of the Commonwealth of Pennsylvania and operates prison facilities throughout the Commonwealth of Pennsylvania including the State Correctional Institution at Camp Hill which is the subject of this litigation. 4. On or about July 20, 1999 plaintiff Della Lincoln was walking along the sidewalk at State Correctional Institute Camp Hill and fell, suffering the physical injuries which are set forth hereinafter. 5. Plaintiffs believe and therefore aver that the fall of plaintiff Della Lincoln and the injuries which were incurred as a result of that fall were specifically and proximately caused by negligence of the Commonwealth of Pennsylvania and/or the Commonwealth of Pennsylvania Department of Corrections in failing to properly construct, design and maintain the sidewalks to be utilized by the general public at State Correctional Institute Camp Hill and in particular the defendants were negligent in the following particulars: 1. In constructing a sidewalk so as to cause it to crack and to be uneven; 2. In designing, building and maintaining the sidewalk in a condition which permitted portions of the sidewalk to be higher than others thereby creating a "ridge" which caused plaintiff Della Lincoln to trip; 3. In failing to properly repair the defective sidewalk upon which plaintiff Della Lincoln fell; 4. In failing to warn the plaintiff of the defects in the sidewalk; 5. In failing to take reasonable steps to repair the defects in the sidewalk; 6. Using materials or design and/or construction techniques which permitted the sidewalk to crack, maintain different levels, create ridges, and in general to become a danger to pedestrians utilizing said sidewalk. Directly and proximately as a result of the negligence of the defendants which is set forth above, plaintiff Della Lincoln was caused to fall and in the course thereof suffered a laceration to her forehead, scars to her forehead, permanent color change in the area of the scar of her forehead; she further suffered a fracture of her right hand, and lacerations to both knees causing permanent scars, a laceration of her lip requiring sutures, and a contusion/laceration to her eye which caused visual problems. Directly and proximately as a result of the physical injuries described in the immediately preceding paragraph plaintiff Della Lincoln has been caused to suffer and has incurred medical bills, hospital bills, pharmaceutical bills and has been caused to suffer and incur significant pain, suffering, embarrassment, humiliation and loss of the pleasures of life and will be caused to suffer and incur the same damages in the future on a permanent basis. Directly and proximately as a result of the negligence of the defendants set forth above, plaintiff Della Lincoln has been caused to suffer and incur permanent disfiguration of her face, forehead, hand and knees and said disfiguration has caused her to suffer her great embarrassment and humiliation. 9. Directly and proximately as a result of the negligence of the defendant set forth above, plaintiff John Lincoln has been caused to suffer and incur medical bills, pharmacy bills, and hospital bills in the past and may be caused to suffer and incur the same in the future; additionally, plaintiff John Lincoln has been caused to suffer and incur the loss of his wife's comfort, support, services and society and general consortium in the past and will be caused to suffer and incur the loss of the same in the future. WHEREFORE, each of the plaintiffs demands judgment against the defendants in an amount in excess of twenty five thousand and 00/100 ($25,000.00) dollars plus costs of suit and a trial by jury is demanded. ?R?spgKaduncme: ifedDar e , Esquire VERIFICATION I verify that the statements made in this Civil Complaint are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DELLA LINCOLN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELLA M. LINCOLN and CIVIL LAW JOHN LINCOLN, her husband, Plaintiffs. V. NO.: 01-4353 Civil Term COMMONWEALTH OF PENNSYLVANIA And COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS. Defendants. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on the following person(s) by depositing the same in USPS First-Class Mail this d day of i 61w. er , 2001: Daniel R. Goodemote Senior Deputy Attorney General Torts Litigation Section 15'h Floor, Strawberry Square Harrisburg, PA 17120 Harrell L. I adunce Attorney for plaintiffs t".?i: ? _ ? i'.. : F V{ T' ?_' t':: C:: _ _ i° `o tia <. .._ - _-mamatarw. ;??ms =,? r n a., use+w,a r. vim,. r.? w.?e-?t?'4?'sS?F?4'??E? f r Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DELLA M. LINCOLN and JOHN LINCOLN, her husband, Plaintiffs V. Daniel R. Goodemote Senior Deputy Attorney General Direct Dial 717-783-3147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA and COMMONWEALTH: OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Defendant NO.01-4353 Civil Term NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: DELLA M. LINCOLN and JOHN LINCOLN Darrell L. Kadunce, Esquire 300 North McKean Street Butler, PA 16001 DATE OF NOTICE: November 2, 2001 LUPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 D. MICHAEL FISHER ATTORNEY GENERAL BY: 'C (y' `B?-1NIEL R. GOODEMOTE Sr. Deputy Attorney General #30986 .. P Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DELLA M. LINCOLN and JOHN LINCOLN, her husband, Plaintiffs V. Daniel R. Goodemote Senior Deputy Attorney General Direct Dial 717-783-3147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA and COMMONWEALTH: OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Defendant NO. 01-4353 Civil Term 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 SUBMITTED: D. MICHAEL FISHER Attorney General BY: DANIEL R. GOODEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DELLA M. LINCOLN and JOHN LINCOLN, her husband, Daniel R. Goodemote Senior Deputy Attorney General Direct Dial 717-783-3147 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA and COMMONWEALTH: OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Defendant NO.01-4353 Civil Term ANSWER AND NEW MATTER OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA and COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF CORRECTIONS Defendant, Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Department of Corrections, by and through the Office of Attorney General, files the following Answer to Plaintiffs' Complaint: Admitted. 2. Admitted. 3. Admitted. 4. Admitted that on or about July 20, 1999, Plaintiff Della Lincoln was walking along the sidewalk at the State Correctional Institution at Camp Hill and fell. After reasonable investigation, the Defendants do not have sufficient knowledge or information to form a belief as to the remaining allegations of paragraph 4. 5. After reasonable investigation, the Defendants do not have sufficient knowledge or information to form a belief as to what injuries, if any, suffered by Plaintiff Della Lincoln were incurred as a result of a fall at the State Correctional Institution at Camp Hill. It is denied that the answering Defendants were negligent in any manner whatsoever or, if the answering Defendants are found to be negligent, it is denied that such negligence was the proximate cause of the alleged injuries of Della Lincoln. The remaining allegations of paragraph 5, including the subparagraphs 1 through 6 are denied generally pursuant to Rule 1027(e) of the Pennsylvania Rules of Civil Procedure. 6. It is denied that the answering Defendants were negligent in any manner whatsoever or that the negligence, if any, was the proximate cause of any injuries to the Plaintiff, Della Lincoln. After reasonable investigation, the answering Defendants do not have sufficient knowledge or information to form a belief as to the remaining averments of paragraph 6. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 8. It is denied that answering Defendants were negligent in any manner whatsoever or if it is determined they were negligent, it is denied that such negligence was the proximate cause of the damages and injuries alleged by Plaintiff Della Lincoln. After reasonable investigation, answering Defendants do not have sufficient knowledge or information to form a belief as to the remaining averments of paragraph 8. 9. It is denied that the answering Defendants were negligent in any manner whatsoever or, if it is determined that the answering Defendants were negligent, it is denied that such negligence was the proximate cause of the damages alleged by Plaintiff John Lincoln. After reasonable investigation, answering Defendants do not have sufficient knowledge or information to form a belief as to the remaining averments of paragraph 9. WHEREFORE, the answering Defendants demand judgment in their favor and against all other parties. NEW MATTER 10. The present action is controlled by the provisions of I Pa. C.S. §2310 and Act No. 1980-142, set forth in 42 Pa. C.S. §§8501, et seq., which Acts are incorporated herein and pled by reference. The Commonwealth Defendant asserts all the defenses contained therein. 11. 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 to the alleged accident for the Commonwealth Defendant to have corrected or to have warned the traveling public of the allegedly dangerous condition. 12. 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. C.S. §8528. 13. The Commonwealth Defendant avers that if negligence is found to exist on its part, said negligence was not the proximate cause of Plaintiffs injuries. 14. Plaintiff, Della Lincoln, was contributorily negligent by failing to take reasonable precautions for her own safety, including but not limited to: a. failing to look where she was walking. WHEREFORE, the answering Defendants demand judgment in their favor and against all other parties. RESPECTFULLY SUBMITTED: D. MICHAEL FISHER ATTORNEY GENERAL BY: ?*ww DAMIEL R. G ODEMOTE Sr. Deputy Attorney General #30986 VERIFICATION 1, 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. I understand that I am subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities for any false statements knowingly made herein. 'RANIEL R. OODEMOTE SENIOR DEPUTY ATTORNEY GENERAL #30986 DATED: III-1101 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: Darrell L. Kadunce, Esquire 300 North McKean Street Butler, PA 16001 DANIEL R. GOODEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 1 "1101 DATED: W-1101 r;- r -71 e C -{ Q J i In The Court of Common Pleas of Cumberland County, Pennsylvania Fite No. 2001-04353 LINCOLN DELLA M ET AL Vs PENNSYLVANIA COMMONWEALTH OF E STATEMENT OF INTENTION TO PROCEED To the Court. \as intends to proceed with the above captioned matter. -2?--? Date: OCT 0 4 2004 F ; . C\j ` n f.u f.:7 ? LlI F?_ i;i CV ?7 Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor D 1 - q3 T R CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573