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Home My WebLink About01-05545t~~, Ol~.s~45 (°,IVII ~O uA-~UT ~MMu^Y~tS BRENT WILLIAMS, IN THE COURT OF COMMON PLEASeriG~d ~K^'~r Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. NO. 2001-1135 CIVIL ACTION -LAW SHIPPENSBURG UNIVERSITY, Defendant JURY TRIAL DEMANDED Judge: John R. Walker ORDER AND NOW, this ~ day of„~~200I, upon consideration of the foregoing Motion to Transfer Venue in this case, it is hereby Ordered that the case be transferred to the Court of Common Pleas, Cumberland County, Pennsylvania. The Prothonotary is hereby ordered to transfer the case to Cumberland County. ~ m N 9'~ c -o~ 0 ° ~ b-o -< °v rn xo ~_ •' ' --- o- =o n D ` , - -<o o ;~ ~~ w BY THE COURT: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BRENT WILLIAMS VS SHIPPENSBURG UNIVERSITY ROBERT WOLLYUNG Sheriff who being duly sworn according to law, that he made a diligent search and inquiry for the within name DEFENDANT to wit: SHIPPENSBURG UNIVERSITY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CUMBERLAND County, Pennsylvania, to serve the within COMPLAINT On May 8th, 2001, this office was in receipt of the attached return from CUMBERLAND County, Pennsylvania. Sheriff's Cost: So answers: Docketing 9.00 s~ Out of County 9.00 ~ ~ ~-~'~/~ Surcharge 4.00 Robert Wollyung, S iff .00 .00 22.00 04/16/2001 NAVITSKY, OLSON & WISNESKI Sworn and subscribed to before me this ~_ day of A. notary Notarial Seal Patricia A. Strlne, Notary Public Chambersburg Boro,. Franklin County My Commission Expires Nov. 4, 2004 +. `} Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dia1717-783-3148 BRENT WILLIAMS, Plaintiff V. SHIPPENSBURG UNIVERSITY Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA NO. 2001 - 1135 CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Shippensburg University in the above-captioned action. Respectfully submitted, D. MICHAEL FISHER Attorney General By: I.D. # 51786 General Torts Litigation Section 15`s Floor, Strawberry Square Harrisburg, PA 17120 717-783-3148 -Direct Dial DATED: May 25, 2001 0 ~ -a r' - Dv ~- .,~~ o ~; z.. .~ o - :r ~-; c1c ~~o r- ~p N -. -G `.Jl CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BYFIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: MICHAEL J. NAVITSKY, ESQUIRE 2040 LINGLESTOWN ROAD, SUITE 303 HARRISBURG, PA 17110 (Attorney for Plaintiff) By: K ID #51786 Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 717-783-3148 -Direct Dial DATED: May 25, 2001 COURT OF COMMON PLEAS, 39TH JUDICIAL DISTRICT FRANKLIN COUNTY BRANCH, CIVIL ACTION -LAW COMMONWEALTH OFPENNSYWANIA ~ BRENT WILLIAMS, SS: Plaintiff COUNTY OF FRANKLIN vs. SHIPPENSBURG UNIVERSITY, Defendant 2001-1135 I, Linda L. Beard, Prothonotary of the Court of Common Pleas , , , of the 39th Judicial District .............................. in and for the above named County and State do hereby certify the attached to be a full true and correct copy of the ........... eryti~e,';recoYd,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, in the withincaPtioned proceeding, all so full and true as a copy of the same remains of record and on file in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court this......, twelfth ..................dayof ...September ................... 18 ~Q91. /s/ Linda L. Beard . ......................................... Linda L. Beard, Prothonotary Franklin County, Pennsylvania t.. @/s~ Deputy Prothonotary P-3 ~~,~~~ PYS510 Franklin County Prothonotary's Office Page 1 Civil Case Inquiry 2001-01135 BRENT WILLIAMS (vs) SHIPPENSBURG UNIVERSITY Reference No..: Filed........: 4/06 2001 Case Type.....: COMPLAINT Time.........: 2:28 Judgment.,.... 00 Executign Date 0/00 0000 Judge Assigned: WALKER JOHN R Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info WILLIAMS BRENT 323 MCOUEEN HALL SHIPPENSBURG UNIVERSITY SHIPPENSBURG PA 17257 PLAINTIFF NAVITSKY MICHAEL J SHIPPENSBURG UNIVERSITY OLD MAIN BUILDING 1871 OLD MAIN DRIVE SHIPPENSBURG PA 17257 DEFENDANT STARK JAY W ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - 4/06/2001 COMPLAINT IN CIVIL ACTION FILED WITH COPY SENT TO THE SHERIFF. ------------------------------------- ------ -- 5/14/2001 SHERIFF'S RETURN: COMPLAINT SERVED UPON THE DEFENDANT ON MAY 8 2001 BY CUMBERLAND COUNTY SHERIFF. 5/25/2001 ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT SHIPPENSBURG UNIVERSITY BY JAY W STARK ESQUIRE FILED. --------------------------------- --------- 9/04/2001 STIPULATION OF THE PARTIES FILED. ----------------------------- --------- 9/04/2001 MOTION TO TRANSFER VENUE FILED AND SENT UPSTAIRS. ------------------------------------------------------------------- 9/12/2001 ORDER OF COURT TRANSFERRING VENUE OF MATTER TO CUMBERLAND COUNTY, PA, FILED. BY JOHN R. WALKER, P.J. 9/12/2001 TRANSFER TO CUMBERLAND COUNTY, PA CERT NO. 7000 0520 0017 6487 0388. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Infor ation * Fees & Debits Beq Bal Py*mts~Ad~ End Bal ******************************** ******** ****** ******************************* TAX ON CMPLT .50 .50 .00 DISC 5.00 5.00 .00 COMPLAINT/ JCP 5.00 5.00 .00 COMP-AUTO FEE 5.00 5.00 .00 COMPLAINT FILED 35.00 35.00 .00 ------------------------ ------------ 50.50 50.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** ~e;,:7 NAVITSKY, OLSON & WISNESKI LLP ~~2®~l A T T O R N E Y S A T L A W c ~. The Honorable John R. Walker Franklin County Courthouse 157 Lincoln Way East Chambersburg, PA 17201 September 7, 2001 Re: Williams v. Shippensburg University No. 2001-1135 Dear Judge Walker: Pursuant to your request, enclosed please find an Order with regard to Plaintiff's Motion to Transfer Venue in the above-captioned matter. MJN/les Enclosure cc: Jay Stark, F,squire (w/enc.) Resp ctfully, ~~ . Mic ael J. vi y 2040 Linglestown Road • Suite 808 • Harrisburg, PA 17110 Phone: (717) 541-9205 Fax: (717) 541-9206 Toll Free: 1-800-818-9608 www.nowllp.com L BRENT WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA V. NO. 2001-1135 CIVIL ACTION -LAW -®,~G'~~ SHIPPENSBURG UNIVERSITY, Defendant JURY TRIAL DEMANDED Judge: John R. Walker STIPULATION OF THE PARTIES NOW INTO COURT, through enders+3??ed counsel, come the Plaintiff and Defendant; for purposes of stipulating to the withdrawal of allegations set forth in paragraph 17 (d), (e), (g), and (h) of the Complaint. All other allegations set forth in the Complaint will be answered by the Defendant. Date: ~~ {~ ~ fJ/ Date: -7 - q - 0 ~ Respectfully submitted, Michael J. avitsky, Esq>(fr8 Navitsky, lson & Wisneski Counsel for Plaintiff t k rn o uer~'- uty Attorney Gs-° ~, ~ o , ~ for Defendant -< ° ~' ,. o --~ x ~' " ^ -r _ ~ ~- o -~ ,~~ ~ ,~ r ~ ~: tii ~ O _~ ~w r "" """e,~.aCd s~%~+dYS„~};:ass ,...„., w-:maswim`sL ate' m~`vg p~ ~ 7 J~~u~b ®sy, ~Y vdo~ CERTIFICATE OF SERVICE I hereby certify that I, Jessie K. Walsh, an employee of Nauitsky, Olson & Wisneski LLP, have this ~~day of 2001, served a true and correct copy of the Stipulation of the Parties, upon the following persons by sending same United States first class mail, addressed as follows: Jay W. Stark Senior Deputy Attorney General Commonwealth of Pennsylvania Torts Litigafion Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Counsel for Defendant ~z ~~~ W. Jessie K. Walsh BRENT WILLIAMS, IN THE COURT OF COMMON PLEAS Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. SHIPPENSBURG UNIVERSITY, Defendant No. aC)O ~ - ~1~ CIVIL ACTION -LAW NRY TRIAL DEMANDED ( `, NOTICE 'Suc19e • ~otin ~~,IA~KQ~ 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 maybe 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 O ra "*~ ~ c °~ o D ~ - g' x L7 ..: _~S Of , ~ ~ ~ n OQ7 O~ -'~' -D ~v ~ ~~ -GO IV -G-G iJ D oCf ~; BRENT WILLIAMS, V. Plaintiff SHIPPENSBURG UNIVERSITY, Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW NRY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) digs de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una order contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIIiECCION SE ENCUENTRA ESCRTfA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 2 BRENT WILLIAMS, IN THE COURT OF COMMON PLEAS Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. NO. CIVIL ACTION -LAW SHIPPENSBURG UNIVERSITY, Defendant NRY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Brent Williams, is an adult individual who resides at 323 McQueen Hall, Shippensburg University, Franklin County, Shippensburg, Pennsylvania, 2. Defendant, Shippensburg University, is an institution of higher education in Franklin County, Shippensburg, Pennsylvania with its administrative office located at Old Main Building, 1871 Old Main Drive, Franklin County, Shippensburg, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about February 21, 2000, in the Shippensburg University's gymnasium. 4. At that time and place, Plaintiff, Brent Williams, was on the Shippensburg University's track and field team and was practicing pole-vaulting in the University's gymnasium. 5. Plaintiff attempted apole-vaulting jump, missed the two landing mats and landed on the gymnasium floor. 6. At the time of Plaintiff s incident, the pole-vault landing pit only had two mats in place. 7. The pole-vault landing pit should have had three landing mats in place at all times. 3 8. There was no coach or assistant monitoring the pole-vaulters or the landing pit at the time of the aforesaid incident. 9. As a direct and proximate result of the aforesaid incident, Plaintiff, Brent Williams, suffered a displaced fracture of the left distal radius, which required three surgeries. 10. The aforesaid pole-vaulting equipment was owned, maintained, controlled and inspected by the Defendant, Shippensburg University. 11. The pole-vault landing pit with only two landing mats presented a dangerous condition known to the Defendant, or which could have and should have been reasonably known to the Defendant, and which created a reasonably foreseeable risk of harm as suffered by Plaintiff. 12. The Defendant had sufficient time prior to Plaintiffs accident to have taken measures to protect against the dangerous condition that existed at the pole-vault landing pit, as aforesaid, and prevent the kind of injury suffered by Plaintiff, but Defendant failed to do so. 13. The Defendant was negligent in failing to properly place the correct number of landing mats required for the pole-vaulting pit resulting in Plaintiffls accident and injuries. COUNTI BRENT WILLIAMS v. SHIPPENSBURG UNIVERSITY 14. Paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein as if set forth by reference. 15. At all material times, Defendant, Shippensburg University, through its agents and employees, was in exclusive control of the pole-vaulting equipment and was responsible for the inspection, maintenance, and proper set-up of the pole-vault landing area. 4 16. At all material times, Plaintiff, Brent Williams, was owed the highest duty of care by Defendant, Shippensburg University, to keep and maintain the pole-vault landing area in a safe condition for the benefit of its athletes and students. 17. The aforementioned accident and resulting injuries sustained by Plaintiff, Brent Williams, are the direct and proximate result of the negligent conduct of Defendant, Shippensburg University, and its agents and employees, as follows: a. failure to exercise the highest degree of care that a University owes to its athletes and students utilizing the pole-vaulting pit for its intended purposes; b. failure to properly maintain the pole vaulting landing area by allowing an unsafe hazard by only utilizing two landing mats, instead of the required three landing mats; c. failure to post adequate and proper warnings concerning the pole vaulting landing pit to their athletes and students by the deceptive placement of only two landing mats, instead of the required three landing mats for the pole vaulting landing pit; d. failure to inspect its pole vaulting landing pit to determine whether there were any conditions which could pose a hazard to the athletes and students; e. failure to fix the unsafe condition on its premises; f. failure to place a third landing mat at the pole-vaulting landing pit; g. failure to hire and properly train reasonably competent personnel to supervise the pole vaulting pit, proper set-up and regularly inspect the same; and h. failure to supervise the set-up of the pole vaulting landing pit and practice. 18. As a result of the aforementioned accident, Plaintiff, Brent Williams, sustained painful and severe injuries including, but not limited to, a displaced fracture of the left distal radius, requiring three surgeries. 5 19. By reason of the aforesaid injuries sustained by Plaintiff, Brent Williams, incurred liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 20. Because of the nature of his injuries, Plaintiff, Brent Williams, has been advised and therefore avers that he may incur similar expenses in the future, and claim is made therefor. 21. As a result of the aforesaid injuries, Plaintiff, Brent Williams, has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 22. As a result of the aforesaid injuries, Plaintiff, Brent Williams, has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 23. Plaintiff, Brent Williams, continues to be plagued by persistent pain, swelling, and limitation and therefore avers that his injuries may be of permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 24. As a result of the aforesaid injuries and surgery, Plaintiff, Brent Williams, has sustained scarring and disfigurement, and claim is made therefore. 25. As a result of the aforesaid injuries, Plaintiff may sustain a loss of wage earning capacity in the future based on residual limitations and restrictions, which maybe permanent and claim is made therefore. 6 u WHEREFORE, Plaintiff, Brent Williams, demands judgment against Defendant, Shippensburg University, in an amount in excess of Twenty-five Thousand ($25,000) Dollars, exclusive of interest and costs and in excess of jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, NAVITSKY, OLSON & WISNESKI Date: J~ ~~~ ~la , !~ MICH . NAVITS , ESQLJIIZE I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Counsel for Plaintiff 7 VERIFICATION I, Brent Williams, do hereby swear or affirm that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the provisions of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ~:-=~ ~ _ r~-~~~ WITNESS Brent Williams i ~' ~9 ' _ _ - - `2+x5h ~ eami~ ,.. _.1saf~N'ml~t°,. _. - - -[.~ ~~ r ~ ~J~ La 4 o .~ C/~ ~' '~ ® ~ ~~ ~" '~~ R p C _r 'F- r> ~_ r~ t, ".; ~': .~,, .L -- '"~ tv t17 "i -1 1 ,' BRENT WILLIAMS, Plaintiff IN THE COURT OF COMIvfON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHIPPENSBURG UNIVERSPfY, Defendant NO. 01-5545 CIVIL ACTION -LAW JURY TRIAL DEMANDED ~R1CIN~4~. PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 26. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations aze denied. 27. Denied. The Defendant knew of the dangerous condition, and had such knowledge in sufficient time prior to the accident to have corrected or warned the Plaintiff. 28. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 29. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 30. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 31. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 32. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 33. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 3 34. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 35. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff did not assume the risk of injury or harm. 36. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required. said allegations are denied. Plaintiff was not negligent. 37. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff was not negligent. Defendant's negligence caused all of Plaintiffs injuries and harm. Comparative negligence does not apply to this case. 38. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. 39. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Respectfully submitted, NAVITSKY, OLSQN & Date: (1~ a~ 0 Mich`~el J. N~vif~ky, Esq I.D. No. 5883 2040 Linglestown Road, Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 2 303 LLP i VERIFICATION I, Michael J. Navitsky, Esquire, counsel of record for the Plaintiff, Brent Williams, do hereby swear or affirm that the facts set forth in the foregoing Response to New Matter are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the provisions of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ~~~ c.~~~ WITNESS Michael J. u ,~v++ CERTIFICATE OF SERVICE I hereby certify that I, Jessie K. Walsh, an employee of Navitsky, Olson & Wisneski LLP, have this ~~'day of November, 2001, served a true and correct copy of the Plaintiff s Response to Defendant's New Matter, upon the following persons by sending same United States first class mail, addressed as follows: Jay W. Stark Senior Deputy Attorney General Commonwealth of Pennsylvania Torts Litigation Section 15~' Floor, Strawberry Square Harrisburg, PA 17120 Counsel for Defendant ~~ ~~-~:c,r''L Jessie K. Walsh 3 •~ ze. •• .~i:~.,sa~ae Nr.~,d^a~a . +Jah,,:+~-i,~x~ ~ak.~ -"._J ~~LBBHYMf' =". "`a 's5~Y4~irenmr~ m'R ~- V' }~~ ~ ~ ~_. _ C I ~ ' ~ f~ ( ~ ~ ~ _ zf: O . ~ / ~ . ~ ~_ ~ ~~ ~~ r (~ -! /~~5/// /~' t Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 BRENT WILLIAMS, Plaintiff V. SHIPPENSBURG UNIVERSITY Defendant Jay W. Stark Senior Deputy Attorney General Direct Dial: 717-783-3148 Fax: 717-705-7241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5545 CIVIL ACTION -LAW JURY TRIAL DEMANDED SHIPPENSBURG UNIVERSITY'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant Shippensburg University, by and through the Office of Attorney General, to fde the following Answer and New Matter to Plaintiff s Complaint: 1. It is admitted the Plaintiff is Brent Williams. The Commonwealth Defendant is located in Cumberland County. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments, although the Defendant has no reason to suspect the remaining allegations are not true. 2. Admitted, except the Commonwealth Defendant is located in Cumberland County. 3. It is admitted the occurrences took place in the gymnasium. After reasonable investigation, at this time the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments. 4. Admitted. 5. Admitted based upon information and belief. 6. Admitted, although this was not known by the Commonwealth Defendant until after the incident occurred. 7. Admitted. By way of further answer, students, including the Plaintiff, retrieved and placed the mats. 8. Admitted and denied. It is admitted that the coach was not at the landing pit and specifically monitoring the activities there at the time of the incident. It is denied that the coach was not present in the gym and available at the time of the incident. Any remaining averrents are specifically denied. 9. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 10. It is admitted that the pole vaulting equipment itself was owned, maintained and inspected by the Commonwealth Defendant. It is denied at the time of the incident that the landing mats were in the care, custody or control of the Commonwealth Defendant. 1 L It is admitted only that three landing mats should have been placed in the pole vault landing pit. It is denied a dangerous condition existed. It is denied that the Commonwealth Defendant knew that only two landing mats were in place or that it could have or should have reasonably known that. It is admitted that two landing mats pose a greater risk of harm to Plaintiff, which risk is reasonably foreseeable. 12. It is specifically denied that the Commonwealth Defendant had sufficient time prior to Plaintiff's accident to have taken measures to protect against the dangerous condition at the pole vaulting landing pit as alleged, and prevent the kind of injury suffered by Plaintiff. It is denied a dangerous condition existed. The Commonwealth Defendant did not take action to correct a situation of which it did not have knowledge. 13. Denied. It is specifically denied that the Convnonwealth Defendant was negligent in any mamier with respect to Plaintiff s alleged cause of action. It is denied the Commonwealth Defendant was negligent in failing to properly place the correct number of landing mats required for pole vaulting or that such alleged negligence resulted in Plaintiff s accident and injuries. The Plaintiff and others were responsible for placing the mats correctly. They retrieved and placed the mats on the day of the incident. COUNTI 14. The Commonwealth Defendant incorporates herein by reference its answers to paragraphs 1 through 13 of Plaintiff s Complaint as though fully set forth herein at length. 15. Denied. It is specifically denied that the Commonwealth Defendant was negligent in any manner with respect to Plaintiff s alleged cause of action. It is specifically denied that at all material times the Commonwealth Defendant, through its agents and employees, was in exclusive control of the pole vaulting equipment and was responsible for the inspection, maintenance and proper set-up of the pole vault landing area. By way of further answer, students, including the Plaintiff, retrieved and placed the mats. 16. The allegations set forth in this paragraph of Plaintiff s Complaint constitute conclusions of Iaw to which no responsive pleading is required pursuant to the Pennsylvania Rnles of Civil Procedure. To the extent that portions of this paragraph could be construed as factual allegations, said allegations are specifically denied, and strict proof thereof is hereby demanded at the time of trial. 17. Denied. It is specifically denied that the Commonwealth Defendant was negligent in any mamier with respect to Plaintii~s alleged cause of action or that such alleged negligent conduct was the direct and proximate cause of the accident complained of and Plaintiff s injuries. By way of further answer, it is specifically denied that the Commonwealth Defendant was negligent in the following respects: a. failure to exercise the highest degree of care that a University owes to its athletes and students utilizing the pole-vaulting pit for its intended purposes; b. failure to properly maintain the pole vaulting landing area by allowing an unsafe hazard by only utilizing two landing mats, instead of the required three landing mats; c. failure to post adequate and proper warnings concerning the pole vaulting landing pit to their athletes and students by the deceptive placement of only two landing mats, instead of the required three landing mats for the pole vaulting landing pit; f. failure to place a third landing mat at the pole-vaulting landing pit. Subparagraphs 17. d, e, f and g have been withdrawn pursuant to a Stipulation previously filed with the Court. 18. Denied. It is specifically denied that the Commonwealth Defendant was negligent in any manner with respect to Plaintiff s alleged cause of action. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments. 19-25. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. WHEREFORE, Shippensburg University respectfully requests that judgment be entered in its favor and against all other parties. NEW MATTER 26. The present action is controlled by the provisions of 1 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. 27. 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. 28. 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. 29. The Commonwealth party is immune from suit pursuant to 1 Pa. C.S. §2310, 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. 30. 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. 31. This action is barred by the applicable statute of limitations. 32. 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. 33. Plaintiffs injuries, as alleged, were caused by other persons or parties which were contributory and/or intervening, superseding causes of Plaintiffs alleged injuries. 34. The Commonwealth Defendant avers that if negligence is found to exist on its part, said negligence was not the proximate cause of Plaintiffs injuries. 35. Plaintiffs knowing and conscious assumption of the risk led to the resulting injuries and is a bar to recovery. 36. The Plaintiff was comparatively negligent and/or failed to mitigate the claimed damages, thereby limiting and/or barring any recovery. 37. The causal negligence of the Plaintiff is greater than any negligence on the part of the Commonwealth Defendant, and Plaintitl's recovery is therefore barred, or, in the alternative, must be diminished in accordance with the Pennsylvania Comparative Negligence Act. 38. The Commonwealth Defendant is specifically entitled to the defenses set forth in 42 Pa. C.S.A. §8524, which section is incorporated herein and pled by reference. 39. The Commonwealth Defendant is immune from claims grounded upon negligent supervision or employment. WHEREFORE, Shippensburg University respectfully requests that judgment be entered in its favor and against all other parties. Respectfully submitted, D. MICHAEL FISHER BY: JA ARK I.D. # 51786 ~or Deputy Attorney General DATED: October 18, 2001 VERIFICATION I, Jay W. Stark, Senior Deputy Attorney General, in my capacity as counsel for the Commonwealth Defendant in the within action, hereby verify that the foregoing statements are true and correct to the best of my knowledge, information and belief. ay t k Dated: October 18, 2001 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: MICHAEL J. NAVITSKY, ESQUIRE 2040 LINGLESTOWN ROAD, SUITE 303 HARRISBURG, PA 17110 (Attorney for Plaintiff) By: JA TARK ID #51786 S puty Attorney General Torts Litigation Section I5~` Floor, Strawberry Square Harrisburg, PA 17120 717-783-3148 -Direct Dial DATED: October 18, 2001 r? t~ ~ - -'' _[: ': n~; ~ -~ C:~, ~~ =, c~ ~ ~- W C~ rn v cn ~ BRENT WILLIAMS, Plaintiff V. SHIPPENSBURG UNIVERSITY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5545 ®~'~~~`' CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER AND NOW, this 1Q~ day of 2004, upon consideration of the foregoing Petition to Withdraw as Counsel of Record file y Michael J. Navitsky, Esquire, and the law firm of Navitsky, Olson & Wisneski LLP, it is hereby ORDERED that Counsel and his firm are granted leave to withdraw as counsel of record for the Plaintiff, Brent Williams. BY T T: ,. ~ CnN 1~ ~~ J. ~. ,~~ ~,~-~ ~ f, ~ f .a ~~ .~' ~.~ ~~,t~~ ~ ,~rln~_~~:, ~. ~~ ~.~`' BRENT WILLIAMS, Plaintiff V. SHIPPENSBURG UNIVERSITY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5545 ®~'~~~ CIVIL ACTION -LAW JURY TRIAL DEMANDED PETITION TO WITHDRAW AS COUNSEL OF RECORD AND NOW, into Court, comes Michael J. Navitsky with the firm of Navitsky, Olson & Wisneski LLP, and respectfully petitions the Court for an Order granting counsel leave to withdraw as attorney of record for the Plaintiff, Brent Williams. Counsel has attempted on numerous occasions to communicate with his client, to no avail. Counsel therefore requests leave of Court due to the fact that Plaintiff has failed to communicate with undersigned counsel in any manner whatsoever despite correspondence directed to him on Apri125, 2002, June 19, 2002, October 28, 2002, July 31, 2003 and October 2, 2003 requesting he contact undersigned counsel to discuss his case. Counsel for the Defendant has been consulted and does not object to undersigned counsel and his firm withdrawing as counsel of record for Plaintiff. Brent Williams' last known address, to which all correspondence has been directed and to which no mail has been returned to undersigned counsel as refused or undeliverable, is as follows: 304 North Fayette Street, Shippensburg, PA 17257. Date: ~ l~ ~~ "I ~~~ °~ ~~ Respectfully submitted, NAVITSKY, OLS(~N & yV1}SNESKI LLP Mich~l J. vi sky;~Esqul I.D. No. 58 03 2040 Lingles Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 3 VERIFICATION I, Michael J. Navitsky, Esquire, counsel of record for the Plaintiff, Brent Williams, do hereby swear or affirm that a Petition to Withdraw as Counsel of Record is being filed as the result of Plaintiff's failure to respond to numerous letters or contact undersigned counsel in any manner to discuss his case filed with said Court to Civil Action No. 01-5545. Undersigned counsel further verifies that a copy of the Petition to Withdraw as Counsel of Record and this Verification have been mailed to Plaintiff at his last known address of 304 North Fayette Street, Shippensburg, PA 17257. This Verification is made subject to the provisions of 39`h Jud. Dist. C.R. No. 39-206.1.2 and 39-1012, relating to unsworn falsification to authorities. ~~ ~ . WITNESS ~- Sworn to me and subscribed this ~j day of February, 2004. ~~ -~ Notary OfARIAt SFAL P~1' CQ~ I N ~P~I E~ ,:_ I' CERTIFICATE OF SERVICE I hereby certify that I, Jessie K. Walsh, an employee of Navitsky, Olson & Wisneski LLP, have this 10`" day of February, 2004, served a true and correct copy of the Motion to Withdraw as Counsel of Record, upon the following persons by sending same United States first class mail, addressed as follows: Jay W. Stark Senior Deputy Attorney General Commonwealth of Pennsylvania Torts Litigation Section 15`" Floor, Strawberry Square Harrisburg, PA 17120 Counsel for Defendant Via Certified and Regular Mail Mr. Brent Williams 304 North Fayette Street Shippensburg, PA 17257 Jessie K. Walsh 4 ~.~~ _. n ~ :_ ~~ ; ~. ~„ ;- __ ~,,, -q f~l "C: -i -~ i_ {\l- ~ ~~ `gq 1 x/ mil,/ ` f~;7} ~~ /~ BRENT WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-5545 CIVIL ACTION -LAW SHIPPENSBURG UNIVERSITY, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the above matter ended and discontinued. Respectfully Submitted, Respectfully submitted, V~i ~~ \ Brent Williams, Plaintiff Dated: LD. No. 58803 y -.-- ~/~ 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Dated: ~'~ (-(~~~ ~~~~ LLP CERTIFICATE OF SERVICE I hereby certify that I, Jessie K. Walsh, an employee of Navitsky, Olson & Wisneski LLP, have this ~~ day of April, 2003, served a true and correct copy of the Praecipe to Discontinue, upon the following persons by sending same United States first class mail, addressed as follows: Jay W. Stark Senior Deputy Attorney General Commonwealth of Pennsylvania Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Counsel for Defendant Brent Williams 23269 Westchester Drive Niohnsted, OH 44070 Jessie K. Walsh <-; r_ ^~ c.r ~ o '27 ~i f`j1 ~::* :~ ~ "1, tl ~_l E=J c. i `"'a _~ J7 i..~ ~,1 Y