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Home My WebLink About07-2078ORIGINAL TIMOTHY R. HOUGH, ESQUIRE IDENTIFICATION NO. 40898 JAFFE & HOUGH SUITE 1907 TWO PENN CENTER PLAZA 1500 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19102 (215) 564-5200 Tyrone Phillips 632 Glasgow Street Pottstown, PA 19464 v. The Department of Corrections of the Commonwealth of PA, 2520 Lisburn Road, Camp Hill, PA17001 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. O Z -o~D'~0 COMPLAINT 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 judgement may be entered against you by the court without further notice for any money claimed 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 1. Plaintiff is Tyrone Phillips, an adult individual currently residing at 632 Glasgow Street, Pottstown, Pennsylvania. 2. Defendant is The Department of Corrections of the Commonwealth of Pennsylvania, a Commonwealth agency with a registered address for service c/o Office of the Chief Counsel, 2520 Lisburn Road, Camp Hill, Pennsylvania. 3. The Defendant received notice of the pendency of this claim within six months of the occurrence pursuant to 42 Pa.C.S. §5522. 5. At all times material hereto, Defendant had exclusive control of the State Correctional institution located at 1590 Walters Mill Road, Somerset, Pennsylvania known as SCl-Somerset (hereinafter sometimes referred to as "the prison"),and were responsible for its inspections, care, maintenance, repair and up-keep to said correctional facility. 6. At all time material hereto, Plaintiff was an inmate at the SCI-Somerset correctional facility. 7. On or about May 15, 2005, at approximately 3:00 p.m., Plaintiff was in the kitchen of the Prison pursuant to his inmate responsibilities/duties as a cook. 8. At that time, Plaintiff was working in the kitchen when he proceeded towards the back of said kitchen when he was caused to trip and fall by virtue of a defective and dangerous condition of the kitchen floor which had a broken floor tile, causing Plaintiff to strike his head on a steel table located in said kitchen. 9. The said floor the is affixed to the real estate owned and/or controlled by the Defendant. 10. As the direct and proximate result of the negligence of the Defendant as aforesaid, Plaintiff sustained serious personal injuries some or all of which are of a s permanent nature including but not necessarily limited to: persistent headaches and other injuries the exact extent of which are unknown at this time. 11. As a further result of the Defendant's negligence, the Plaintiff suffered mental anguish and a loss of the ability to enjoy life's pleasures and will or may continue to so suffer into the future. 12. Additionally, the Plaintiff has endured physical pain and suffering as a result of his injuries and will or may continue to so suffer into the future. 13. As a further result of Defendant's negligence Plaintiff incurred medical expenses in the treatment of his injuries. 14. At all times material hereto, Defendant had actual and or constructive notice of the defect located upon the kitchen floor in the prison. 15. The injuries and damages suffered by the Plaintiff as set forth above were the direct and proximate result of the Defendant's negligence, acting through their agents, servants, workers and/or employees, in any or all of the following respects: a) failing to properly maintain the kitchen floor at the prison; b) failing to properly inspect the kitchen floor at the prison; c) failing to observe or detect a defective condition of the kitchen floor at the prison; d) failing to adhere to a routine and/or prompt program of maintenance with respect to the kitchen floor at the prison; e) failing to properly and/or promptly repair or replace the broken floor the in the kitchen at the prison; and f) failing to warn inmates, including Plaintiff of the dangerous condition(s) inherent on the kitchen floor of the prison 16. As a result of the Defendant's negligence, Plaintiff has suffered injuries as set ~- forth in paragraphs 10 through 13. 17. The acts complained of herein on the part of the Defendant fall within the exceptions to immunity of a Commonwealth Party under the Sovereign Immunity Act, 42 Pa.C.S. §8522(b)(4). WHEREFORE, Plaintiff, Tyrone Phillips demands judgement againstthe Defendant for an amount not in excess of FIFTY THOUSAND ($50, 000.00) DOLLARS. JAFFE & Hough, Esquire Plaintiff ~~ VER/F/CAT/ON TYRONE PHILLIPS states that he is the plaintiff herein; that he is acquainted with the facts set forth in the foregoing ;that the same are true and correct to the best of his knowledge, information, and belief; and that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. TY 0 E PHILLIPS ~ x ~` =. ~' "fl ~ ~ ;°~ --- <~.~ -_.., -, .-~ c.a _~ --~ n z '-' ~( S t i i "( .~ -{ Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15''' Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-3147 ~odeinote~'~,attornevgeneraL~ov TYRONE PHILLIPS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff v. No. 07-2078 -Civil Term THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEATLH OF PENNSYLVANIA Defendant ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Pennsylvania, Department of Transportation, alk/a PennDOT in the above-captioned matter. Respectfully submitted, THOMAS W. CORBETT, JR. ATTORNEY GENERAL By: l aniel R. Goo emote Senior Deputy Attorney General Supreme Court No. 30986 DATED: Apri124, 2007 ~ ~ 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: Timothy R. Hough, Esquire Jaffe & Hough Suite 1907 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-5200 (Counsel for Plaintiff) D IEL R. ODEMOTE enior Deput Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DATED: Apri124, 2007 ° ~ ~ c.~ -~ ~ _ `.~. "~ -~ - -n ~ ~ ~ c_ rr~~`~~ ca ' .` .~~~~ ~ ~, Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15~h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-3147 d~oodemote'u attonlev~eneral.aov TYRONE PHILLIPS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff v. No. 07-2078 -Civil Term THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEATLH OF PENNSYLVANIA Defendant 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: THOMAS W. CORBETT, JR. Attorney General BY: NIEL R. OODEMOTF. Senior Deputy Attorney General Supreme Court No. 30986 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717} 783-3147 c~ ;{>odemote rr.;attornevgeneral.~<~ti TYRONE PHILLIPS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff v. No. 07-2078 -Civil Term THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEATLH OF PENNSYLVANIA Defendant COMMONWEALTH DEFENDANT'S ANSWER AND NEW MATTER The Defendant, the Department of Corrections of the Commonwealth of PA (Commonwealth Defendant) files this Answer and New Matter in response to Plaintiff's Complaint: Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 2. Admitted. 3, Admitted only that the Commonwealth Defendant received a letter in April, 2005, from Plaintiff's counsel stating that he represented Plaintiff with respect to a personal injury claim for which he was being treated. The remainder of the allegations of Paragraph 3 are denied. as conclusions of law to which no responsive pleading is required. To the extent a response is required, the allegations are denied. 4. There is no paragraph 4 in Plaintiff's Complaint. Admitted only that the Commonwealth Defendant was in possession and control of SCI-Somerset at all times material to the allegations of Plaintiff's Complaint. The remainder of the allegations of Paragraph 4 are denied as conclusions of law to which no responsive pleading is required. To the extent a response is required, the allegations are denied. 6. Admitted. 7. Admitted. 8. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 9. Admitted that the floor in the kitchen is affixed to the real estate. It is also admitted that SCI -Somerset was in the possession and control of the Commonwealth Defendant at all times relevant to Plaintiff s allegations. 10. The Commonwealth Defendant denies that it was negligent in any manner whatsoever or that any act or failure to act caused the injuries which Plaintiff alleges he suffered. After reasonable investigation the Commonwealth Defendant does not have sufficient knowledge or information to form a belief as to the nature a~~d extent of Plaintiffs injuries described in Paragraph 10. 11. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 12. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. l 13. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 14. The Commonwealth denies the existence of the defect alleged in Paragraph 14, as well as actual or constructive notice of any defect. 15. The allegations of Paragraph 15, including the subparagraphs, are denied generally pursuant to 1029(e) of the Pennsylvania Rules of Civil Procedure. 16. Paragraph 16 is denied as a conclusion of law to which no responsive pleading is required. To the extent a response is required, the allegation is denied. WHEREFORE, the Commonwealth Defendant demands judgment in its favor and against the Plaintiff. NEW MATTER 17. 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. 18. 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. l9. The Commonwealth Defendant did. nit-have notice of the alleged 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 Plaintiff of such dangerous condition. 20. All affirmative defenses under Pa. R.C.P. §1030 are asserted and incorporated by reference as if set forth herein at length. WHEREFORE, the Commonwealth Defendant demands judgment in its favor and against the Plaintiff. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General By: Da 1 R. Goo emo reme Court No. 30986 Y VERIFICATION The facts set forth in this Commonwealth Defendant's Answer and New Matter are true and correct to the best of my knowledge, information and belief: This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. D gel R. Goo ote Dated: June 5, 2007 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: Timothy R. Hough, Esquire Jaffe & Hough Suite 1907 Two Penn Center Plaza 1500 John F'. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-5200 (Counsel for Plaintiff) NIEL R. ODEMOTE Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DATED: June 5, 2007 a ~ _ C..~ r'fi s a~.- ~+ S } ; t C.! ``; ~ ; .r 1. ... ; .g. { ~ ~"` ~ . ~ ~ ~ ORIGINAL TIMOTHY R. HOUGH, ESQUIRE IDENTIFICATION NO. 40898 JAFFE & HOUGH SUITE 1907 TWO PENN CENTER PLAZA 15T" STREET & JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19102 (215) 564-5200 TYRONE PHILLIPS v. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA I hereby certdy that 1 have served a co y of this pa her parties of rec regular ail. TIM R HOUG , E ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 07-2078 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 17. Conclusion of law; no response required. 18. Conclusion of iaw; no response required. To the extent this allegation is deemed factual, plaintiff's claim falls within an exception to the immunity of a Commonwealth Party under the Sovereign Immunity Act, 42 Pa. C..S. §8522(b)(4), more specifically, the Commonwealth's duty involving the care, custody and control of real property. 19. Denied as stated. At all times material hereto, defendant had actual and/or constructive notice of the defective condition alleged in plaintiff's complaint prior to the plaintiff's accident and in time to have remedied said dangerous condition. 20. No response required. JAFFE & HO GH By: TIMOTHY R. HOUGH, ESQ. Attorney for plaintiff ~". VERIFICATION TIMOTHY R. HOUGH, states that he is the attorney for plaintiff herein; that he is acquainted with the facts set forth in the foregoing Reply to New Matter, that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa C.S. 4904 relating to unsworn fa 'on to author"ti TIMOTHY R. HOUGH, ESQ. Attorney for plaintiff r-3 n C ~, --~ '" ~-- -~ , ~ ~ .~ ~ ( 5 ,~ i ~~- rn ... c~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS TYRONE VS DEPARTMENT OF CORRECTIONS STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEPARTMENT OF CORRECTIONS OF COMMONWEALTH OF PENNSYLVANIA the DEFENDANT at 1315:00 HOURS, on the 17th day of April 2007 at 55 UTLEY DRIVE CAMP HILL, PA 17011 by handing to STAGY JARVIS, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 ~.. sJ~-3'b1 .00 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/18/2007 JAFFE & HOUGH By. De uty Sheriff A.D. TYRONE PHILLIPS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA NO 07.2078 CIVIL ORDER OF COURT AND NOW, this 19th day of January, 2012, upon consideration of Tyrone Phillip's Petition to Reinstate Action, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon the Department of Corrections to show cause why the relief requested should not be granted; 2. The Department of Corrections shall file an Answer to the Petition on or before February 3, 2012; 3. The Petition shall be decided pursuant to Pa.R.C.P. No. 206.7; 4. Any required depositions shall be completed on or before March 16, 2012; 5. Argument/Hearing on the matter shall be held on Wednesday, June 6, 2012, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ? Timothy R. Hough, Esquire 1500 JFK Blvd. Two Penn Center, Suite 1907 Philadelphia, PA 19102 By the Court, f+.3 R^+7 =rn r M. L. Ebert, Jr. J. < > , = ? 5;c- Daniel R. Goodemote, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 bas 4/t Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`" Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-3147 dgoodemotegattorneygeneral. gov FiLc_Q-OFFiu- r THE PRO1HONOTARY 2612 JAN 25 PH 2: 33 CUMBERLAND COUNTY PENNSYLVANIA, TYRONE PHILLIPS, Plaintiff V. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEATLH OF PENNSYLVANIA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 07-2078 -Civil Term DEPARTMENT OF CORRECTIONS' RESPONSE TO PLAINTIFF'S PETITION TO REINSTATE ACTION PURSUANT TO PA.R.C.P. 230.2(3) This Response is filed by Defendant, Department of Corrections of the Commonwealth of Pennsylvania (Department): 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 4. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 5. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 6. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 7. Counsel for the Department does not recall whether he received the Notice of Termination. However, there is no copy of the Notice in the file. 8. Admitted. 9. Admitted only that the sending of discovery is inconsistent with receipt of proposed termination of the case. Counsel for the Department does not have any recollection of the status (if the case when discovery was sent. 10. Denied as a conclusion of law. 11. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 12. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 13. Denied as a conclusion of law. 14. Denied as stated. Counsel for the Department does not have any recollection of the status of the case when discovery was sent. To this date, the discovery remains unanswered by Plaintiff. 15. Admitted. 16. Plaintiff's assumption is reasonable, but not necessarily correct. 17. Denied as a legal conclusion and/or argument. Respectfully submitted, Linda L. Kelly Attorney General N N _ By. A ,- . `' : Goodemote `" Senior Deputy Attorney General Supreme Court No. 30986 VERIFICATION The facts set forth in this Department of Corrections' Response to Plaintiff's Petition to Reinstate Action Pursuant to Pa.R.C.P. 230.2(3) are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. Goodemote Dated: January 20, 2012 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: Timothy R. Hough, Esquire Jaffe & Hough Suite 1907 Two Perm Center Plaza 1500 John .F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-5200 (Counsel for Plaintiff) Goodemote enior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DATED: January 20, 2012 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-3147 daoodemote&attorney eg neral•gov TYRONE PHILLIPS, i d. 17 F E 13 i G: f i ?C''UM9ERLA a i X11,.;1 . r ENNSYLV Af11 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff V. No. 07-2078 -Civil Term THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEATLH OF PENNSYLVANIA Defendant DEPARTMENT OF CORRECTIONS' RESPONSE TO PLAINTIFF'S PETITION TO REINSTATE ACTION PURSUANT TO PA.R.C.P. 230.2(3) This Response is filed by Defendant, Department of corrections of the Commonwealth of Pennsylvania (Department): 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 4. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 5. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 6. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 7. Counsel for the Department does not recall whether he received the Notice of Termination. However, there is no copy of the Notice in the file. 8. Admitted. 9. Admitted only that the sending of discovery is inconsistent with receipt of proposed termination of the case. Counsel for the Department does not have any recollection of the status of the case when discovery was sent. 10. Denied as a conclusion of law. 11. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as.to the truth of this averment. 12. Denied. After reasonable investigation, Defendant Department does not have sufficient knowledge or information to form a belief as to the truth of this averment. 13. Denied as a conclusion of law. 14. Denied as stated. Counsel for the Department does not have any recollection of the status of the case when discovery was sent. To this date, the discovery remains unanswered by Plaintiff. 15. Admitted. 16. Plaintiff's assumption is reasonable, but not necessarily correct. 17. Denied as a legal conclusion and/or argument. Respectfully submitted, Linda L. Kelly Attorney General By: Goodemote Senior deputy Attorney General Supreme Court No. 30986 VERIFICATION The facts set forth in this Department of Corrections' Response to Plaintiff s Petition to Reinstate Action Pursuant to Pa.R.C.P. 230.2(3) are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. Daniel R. Goodemote Dated: February 9, 2012 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: Timothy R. Hough, Esquire Jaffe & Hough Suite 1907 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-5200 (Counsel for Plaintiff) Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DATED: February 9, 2012 TYRONE PHILLIPS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA NO. 07-2078 CIVIL ORDER OF COURT AND NOW, this 21stday of February, 2012, upon consideration of the request of Counsel for the Commonwealth for a change of date for the argument; IT IS HEREBY ORDERED AND DIRECTED that argument in the matter will now be held on Thursday, June 21, 2012, at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The remainder of the previous Order dated January 19, 2012, shall remain in full force and effect. By the Court, /Timothy R. Hough, Esquire 1500 JFK Blvd. Two Penn Center, Suite 1907 Philadelphia, PA 19102 V Daniel R. Goodemote, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 bas dep. e t,ut.'(?d - ?w c ? J. M. L. Ebert, Jr., Mm -n n rn -- rn Z= r ca r -rar; C ]s c:)•" =c ? cD ' . TIMOTHY R. HOUGH, ESQUIRP it„_ IDENTIFICATION NO. 40898 rt , r, _4 JAFFE & HOUGH 3 r`" 1 ` C bTTORNEY FOR PLAINTIFF SUITE 1907 E LA1140 C0 1i T',' TWO PENN CENTER PLAZA L'' ?A it 15TH STREET & JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19102 (215) 564-5200 TYRONE PHILLIPS V. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 07-2078 PRAECIPE TO ATTACH DEPOSITION TO PLAINTIFF'S PETITION TO REINSTATE ACTION TO THE PROTHONOTARY: Kindly attach the enclosed Deposition of Kate Winters dated March 14, 2012 to Plaintiffs Petition to Reinstate Action. JAFFE & HD.UGH TIMOTHY TIMOTHY R. HOUGH, ESQUIRE IDENTIFICATION NO. 40898 JAFFE & HOUGH SUITE 1907 TWO PENN CENTER PLAZA 15TH STREET & JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19102 (215) 564-5200 TYRONE PHILLIPS V. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 07-2078 CERTIFICATE OF SERVICE I, Timothy R. Hough, Esq., Attorney for Plaintiff, do hereby certify that a true and correct copy of Plaintiff's Praecipe to Attach Deposition to Plaintiff's Petition to Reinstate Action has been served upon the following counsel of record via First Class Mail on March 30, 2012: Daniel R. Goodmonte, Esq. Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 JAFFE & HOUGH MOTHY "I_WGH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY TYRONE PHILLIPS, Plaintiff(s), - vs - THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PA, Defendant(s). ORIGINAL NO. 07-2078 Oral deposition of KATE WINTERS, taken at the law offices of Jaffe & Hough, Two Penn Center Plaza, 1500 John F. Kennedy Boulevard, Suite 1907, Philadelphia, Pennsylvania, on Wednesday, March 14, 2012, beginning at 3:36 p.m., before Cherie J. Anderson, Registered Professional Reporter-Notary Public, there being present. SUMMIT COURT REPORTING, INC. Certified Court Reporters and Videographers 1500 Walnut Street, Suite 1610 Philadelphia, Pennsylvania 19102 424 Fleming Pike, Hammonton, New Jersey 08037 (215) 985-2400 * (800) 447-8648 * (609) 567-3315 www.summitreporting.com Page 2 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 APPEARANCES JAFFE & HOUGH BY: DIANNE ELLIOTT, ESQUIRE Two Penn Center Plaza 1500 John F. Kennedy Boulevard, Suite 1907 Philadelphia, Pennsylvania 19102 (215) 564-5200 Counsel for Plaintiff COMMONWEALTH OF PA, OFFICE OF ATTORNEY GENERAL, TORTS LITIGATION SECTIONS BY: DANIEL R. GOODEMOTE, ESQUIRE Strawberry Square, 15th Floor Harrisburg, Pennsylvania 17120 (717) 787-3646 Counsel for Defendant Appearing via telephone SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com Page 3 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I N D E X WITNESS KATE WINTERS EXAMINATION PAGE By: Ms. Elliott 4 SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com Page 4 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT REPORTER: Would you like the usual stipulations? MS. ELLIOTT: Yeah, that's fine. Just for the record, good afternoon. My name is Diane Elliott, and I'm here representing the plaintiff in the matter of Tyrone Phillips v. Department of Corrections of the Commonwealth of Pennsylvania, and we're here this afternoon for a brief telephone deposition of one of the employees of Jaffe & Hough Law Firm, my law firm, by the name of Kate Winters. (By agreement of counsel, the reading, signing, sealing, certification, and filing are waived; and all objections, except as to the form of the question, are reserved until the time of trial.) KATE WINTERS, after having been first duly sworn, was examined and testified as follows: EXAMINATION BY MS. ELLIOTT: Q Good afternoon, Ms. Winters. I'm going to ask SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 KATE WINTERS Page 5 you just to state your full name for the record. A Katie Kelly Winters. Q And your current address, Ms. Winters? A Home address? Q Yeah, if you don't mind, for the record. A 605 Roseland -- R-O-S-E-L-A-N-D -- Avenue, Jenkintown -- J-E-N-K-I-N-T-O-W-N -- PA, 19046. Q Kate, do you currently work at Jaffe & Hough? A Yes. Q And when did you start employment at Jaffe & Hough? A May 18th, 2009. Q In October 2010 -- or let me just go back and say, generally in the fall 2010, what were your job responsibilities for the law firm? A I was the receptionist. I was in charge of opening all of the mail, distributing it to -- you know, opening it, dating it, entering it into the calendar, entering it into computer calendars, and then distribute it to the proper attorney or paralegal responsible for the files. Q Did you have any other responsibilities? A Opening client files, client communication, any additional support administrative work that was SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com Page 6 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 required by staff. Q And I believe you answered this somewhat, but I'll just ask you to again reiterate: If you can just explain to me exactly -- you indicated it was one of your job functions to open the mail. If you can explain to me exactly what the process was for opening the mail. A I would take all of the mail; I would open it; if it were Certified or Federal Express, we would always save the envelope and staple it to it; and then we would stamp it, date it, with the date that it was received, so that in the event that we ever had to, you know, have an issue with the date, we would have the date it was received and the date that was on the letter; along with that, I would then enter it into the calendars, both the physical calendar and the computerized calendar, and distribute it to the proper personnel. Q And there was a paper calendar at that time? A Yes. Q As there still is? A As there still is. Q And how did you determine who to distribute the mail to when you opened it? SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com Page 7 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Based on the filing. If it was a court -- if it was a medical-malpractice matter, I knew that it would go to Attorney Elliott. If it was a civil matter, it would go to Mr. Hough. And so basically, depending on the actual file, which by that point I had a fair gain of which attorneys were handling which matters. Q And would you yourself distribute the mail to either the attorney or the support person? A Yes. Q You did that personally? A Uh-huh. Q There is something in our firm that is called the Top 5 Deadly Mail Lists. Are you familiar with that? A Yes. Q What is it? A It's a list of the five most important things when they come in. It's basically requests for admissions; notices to terminate for lack of docket activities; county trial listings; ten-day notice of intents to take defaults or file a complaint; and notices of intention to take default for failure to file a certificate of merit. SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com Page 8 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q And just for the record, you're actually reading that from the list that says "Top 5 Deadly Mail Lists" for Jaffe & Hough; c orrect? A Correct. Q And by the way, are you currently opening the mail ? Is that one of your -- A No, it is not. Q It is not.- When you wer e opening the mail in the fall of 2010, where was that list, if anywhere, in your A It's actually taped to the current receptionist, Crystal -- it's taped right in front of where you sit so that you can see it when you answer the phone; you can see it when you log onto your computer. There's also one in my current office, which is the former paralegal's office, on the wall. Q And was that list in front of you in the fall of 2010? A Yes, it's always been there. Q Do you understand what those five things are personally? A Yes. Q Do you understand that they are time-sensitive? Was that your understanding of what SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com Page 9 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the importance was? A Correct. Q And let me start with the fall of 2010: Do you have any recollection of receiving any mail from the court regarding the case of Tyrone Phillips v. Department of Corrections of the Commonwealth of PA? A No, I do not. Q In your tenure here, which I believe you indicated was for approximately -- you said May 2009? A Almost three years. Q Almost three years. Do you have any recollection of receiving any mail from the court whatsoever in the matter of Tyrone Phillips v. the Department of Corrections of the Commonwealth of PA? A Not that I can recall specifically. Q Are you familiar with what a notice to terminate for lack of docket activity looks like? A Uh-huh. They're usually -- they come from all the counties, Bucks, Montgomery. They're usually a perforated form. It needs to be opened. we open it immediately -- it's immediately opened, and it usually requires a fee, depending on the county, 8.50, $9. I make a copy of it, we issue the check immediately, and we send it back to the court. SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com Page 10 KATE WINTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q So obviously, you would consider this an important piece of mail? A Absolutely. Q And it's on your Top 5 list? A Uh-huh. Q And my next question, I think you already answered: what the firm would do if one of these came on any given day? I believe you just answered that. A Check goes out same day. Q And specifically I think I asked you if you recollected receiving any mail from the court relative to this matter that we're addressing today: Tyrone Phillips v. Commonwealth of PA. In the fall of 2010, do you recollect opening any mail from the Prothonotary of Cumberland County which would have included a notice to terminate for lack of docket activity? A No. Q Do you recollect ever receiving a notice to terminate for lack of docket activity on the matter of Tyrone Phillips v. the Commonwealth of Pennsylvania? A No. Q If you had received one -- theoretically, had you received one, who would you have given it to in SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 KATE WINTERS Page 11 this office? A Once I opene, check, I would bring their signature, and Q Any idea who this case? A At the time, 3 it, documented it, did the it to the proper attorney for then it would go out in the mail. the proper attorney would be in I believe you were handling the matter. Q And in the fall of 2010, do you recollect receiving an order from the Prothonotary of Cumberland County terminating the case of Tyrone Phillips v. the Department of Corrections of the Commonwealth of PA? A No, I do not. Q Again, hypothetically, had you received such an order from the court in this case, Phillips v. Commonwealth of Pennsylvania, who would you have given that order to? A I would have immediately brought it to Mr. Hough -- just because it is his firm and he needs to be informed of all matters -- and then, of course, to Ms. Elliott for proper handling. MS. ELLIOTT: Great. Thanks, Kate. That's actually all I have for you, but Dan may have some questions for you. SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 KATE WINTERS Page 12 THE WITNESS: Okay. MR. GOODEMOTE: I have no questions, Kate. THE WITNESS: Okay. MS. ELLIOTT: Okay. Great. Well, I guess that wraps it up then. (At 3:44 p.m., the deposition concluded and the witness was excused.) SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 KATE WINTERS Page 13 CERTIFICATE I hereby certify that the testimony and the proceedings in the foregoing matter are contained fully and accurately in the stenographic notes taken by me, and that the copy is a true and correct transcript of the same. CHERIE DERSON Register Professional Reporter The foregoing certification does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying shorthand reporter. SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com TOP 5 DEADLY MAIL ( Please review after breaks taken and during normal 10-4 hours) 1) REQUESTS FOR ADMISSIONS 2) NOTICE TO TERMINATE FOR LACK OF DOCKET ACTIVITY 3) COUNTY TRIAL LISTINGS 4) TEN DAY NOTICE OF INTENTION TO TAKE DEFAULT (FILE COMPLAINT) 5) NOTICE OF INTENTION TO TAKE DEFAULT FOR FAILURE TO FILE CERRTIFICATE OF MERIT LAWYER'S NOTES Line KATE WINTERS A Absolutely 10:3 accurately 13:6 activities 7:21 activity 9:17 10:17 10:20 actual 7:5 additional 5:24 address 5:3,4 addressing 10:12 administrative 5:24 admissions 7:20 afternoon 4:4,8,24 agreement 4:12 Anderson 1:17 13:11 and/or 13:16 answer 8:13 answered 6:2 10:7 10:8 APPEARANCES 2:1 Appearing 2:11 apply 13:14 approximately 9:9 asked 10:10 attorney 2:7 5:20 7:3,9 11:3,5 attorneys 7:6 Avenue 5:6 B back 5:13 9:24 Based 7:1 basically 7:4,19 beginning 1:16 believe 6:2 9:8 10:8 11:7 Boulevard 1:14 2:4 brief 4:9 bring 11:3 brought 11:18 Bucks 9:19 certifying 13:17 charge 5:16 check 9:23 10:9 11:3 Cherie 1:16 13:11 civil 7:3 client 5:23,23 come 7:19 9:18 COMMON 1:1 Commonwealth 1:6 2:7 4:7 9:6,14 10:13,21 11:12,16 communication 5:23 complaint 7:22 computer 5:19 8:15 computerized 6:17 concluded 12:6 consider 10:1 contained 13:5 control 13:16 copy 9:23 13:7 correct 8:3,4 9:2 13:7 Corrections 1:6 4:7 9:6,14 11:12 counsel 2:6,10 4:12 counties 9:19 county 1:1 7:21 9:22 10:15 11:11 course 11:20 court 1:1,21,214:1 7:1 9:5,12,24 10:11 11:15 Crystal 8:12 Cumberland 1:1 10:15 11:10 current 5:3 8:11,15 currently 5:8 8:5 D D 3:1 Dan 11:23 DANIEL 2:8 date 6:11,11,13,14 6:14 dating 5:18 day 10:8,9 Deadly 7:14 8:2 default 7:23 defaults 7:22 Defendant 2:10 Defendant(s) 1:7 Department 1:5 4:7 9:6,14 11:12 depending 7:5 9:22 deposition 1:12 4:9 12:6 determine 6:23 Diane 4:5 DIANNE 2:3 direct 13:16 distribute 5:20 6:17 6:23 7:8 distributing 5:17 docket 7:20 9:17 10:16,20 documented 11:2 duly 4:18 _ E E 3:1 either 7:9 Elliott 2:3 3:6 4:3,5 4:23 7:3 11:21,22 12:4 employees 4:9 employment 5:10 enter 6:15 entering 5:18,19 envelope 6:10 ESQUIRE 2:3,8 event 6:12 exactly 6:4,6 EXAMINATION 3:5 4:21 examined 4:19 excused 12:7 explain 6:4,6 Express 6:9 front 8:12,17 full 5:1 fully 13:6 functions 6:5 gain 7:6 GENERAL 2:7 generally 5:14 given 10:8,24 11:16 go 5:13 7:3,4 11:4 goes 10:9 going 4:24 good 4:4,24 GOODEMOTE 2:8 12:2 Great 11:22 12:4 guess 12:4 Hammonton 1:23 handling 7:6 11:7 11:21 Harrisburg 2:9 Home 5:4 Hough 1:13 2:3 4:10 5:8,11 7:4 8:3 11:19 hypothetically 11:14 4:18 5:8 11:22 12:2 Katie 5:2 Kelly 5:2 Kennedy 1:14 2:4 knew 7:2 know 5:18 6:13 lack 7:20 9:17 10:16,20 law 1:13 4:10,10 5:15 letter 6:15 list 7:18 8:2,9,17 10:4 listings 7:21 Lists 7:14 8:3 LITIGATION 2:8 log 8:14 looks 9:17 M mail 5:17 6:5,7,8,24 7:8,14 8:3,6,8 9:4 9:12 10:2,11,14 11:4 March 1:15 matter 4:6 7:2,4 9:13 10:12,20 11:8 13:5 matters 7:7 11:20 means 13:15 medical-malprac... 7:2 merit 7:24 mind 5:5 Montgomery 9:19 calendar 5:19 6:16 6:17,19 calendars 5:19 6:16 called 7:13 case 9:5 11:6,11,15 Center 1:13 2:4 certificate 7:24 13:1 certification 4:13 13:14 Certified 1:21 6:9 certify 13:4 F F 1:14 2:4 failure 7:23 fair 7:6 fall 5:148:9,179:3 10:13 11:9 familiar 7:14 9:16 Federal 6:9 fee 9:22 file 7:5,22,24 files 5:21,23 filing 4:13 7:1 fine 4:3 firm 4:10,10 5:15 7:13 10:7 11:19 first 4:18 five 7:18 8:20 Fleming 1:23 Floor 2:9 follows 4:19 foregoing 13:5,14 form 4:14 9:20 former 8:16 idea 11:5 immediately 9:21 9:21,23 11:18 importance 9:1 important 7:18 10:2 included 10:16 indicated 6:4 9:9 informed 11:20 intention 7:23 intents 7:22 issue 6:13 9:23 J J 1:16 13:11 Jaffe 1:13 2:3 4:10 5:8,10 8:3 Jenkintown 5:7 Jersey 1:23 job 5:14 6:5 John 1:14 2:4 J-E-N-K-1-N-T-O-... 5:7 Kate 1:12 3:4 4:11 N N 3:1 name 4:4,10 5:1 needs 9:20 11:19 New 1:23 notes 13:6 notice 7:21 9:16 10:16,19 notices 7:20,23 O objections 4:14 obviously 10:1 October 5:13 office 2:7 8:15,16 11:1 offices 1:13 Okay 12:1,3,4 Page 14 SUMMIT COURT REPORTING, INC. 215.985.2400' 609.567.3315 " 800.447.8648' www.summitreporting.com KATE WINTERS Once 11:2 open 6:5,8 9:20 opened 6:24 9:20 9:21 11:2 opening 5:17,18,23 6:6 8:5,8 10:14 Oral 1:12 order 11:10,15,17 PA 1:6 2:7 5:7 9:6 9:14 10:13 11:12 PAGE 3:5 paper 6:19 paralegal 5:20 paralegal's 8:16 Penn 1:13 2:4 Pennsylvania 1:15 1:22 2:5,9 4:8 10:21 11:16 perforated 9:20 person 7:9 personally 7:11 8:21 personnel 6:18 Philadelphia 1:15 1:22 2:5 Phillips 1:3 4:6 9:5 9:13 10:13,21 11:11,15 phone 8:14 physical 6:16 piece 10:2 Pike 1:23 plaintiff 2:6 4:6 Plaintiff(s) 1:3 Plaza 1:14 2:4 PLEAS 1:1 point 7:5 present 1:18 proceedings 13:5 process 6:6 Professional 1:17 13:11 proper 5:20 6:17 11:3,5,21 Prothonotary 10:15 11:10 Public 1:18 p.m 1:16 12:6 question 4:15 10:6 questions 11:24 12:2 R R 2:8 reading 4:12 8:2 recall 9:15 received 6:12,14 10:23,24 11:14 receiving 9:4,12 10:11,19 11:10 receptionist 5:16 8:12 recollect 10:14,19 11:9 recollected 10:11 recollection 9:4,12 record 4:4 5:1,5 8:1 regarding 9:5 Registered 1:17 13:11 reiterate 6:3 relative 10:11 reporter 4:1 13:11 13:17 Reporters 1:21 Reporter-Notary 1:17 REPORTING 1:21 representing 4:5 reproduction 13:15 requests 7:19 required 6:1 requires 9:22 reserved 4:15 responsibilities 5:15,22 responsible 5:21 right 8:12 Roseland 5:6 R-0-S-E-L-A-N-D 5:6 save 6:10 says 8:2 sealing 4:13 SECTIONS 2:8 see 8:13,14 send 9:24 shorthand 13:17 signature 11:4 signing 4:13 sit 8:13 somewhat 6:2 specifically 9:15 10:10 Square 2:9 staff 6:1 stamp 6:11 staple 6:10 start 5:10 9:3 state 5:1 stenographic 13:6 stipulations 4:2 Strawberry 2:9 Street 1:22 Suite 1:14,22 2:4 SUMMIT 1:21 supervision 13:16 support 5:24 7:9 sworn 4:19 take 6:8 7:22,23 taken 1:12 13:6 taped 8:11,12 telephone 2:114:9 tenure 9:8 ten-day 7:21 terminate 7:20 9:17 10:16,20 terminating 11:11 testified 4:19 testimony 13:4 Thanks 11:22 theoretically 10:23 things 7:18 8:20 think 10:6,10 three 9:10,11 time 4:15 6:19 11:7 time-sensitive 8:24 today 10:12 Top 7:14 8:2 10:4 TORTS 2:7 transcript 13:8 trial 4:16 7:21 true 13:7 Two 1:13 2:4 Tyrone 1:3 4:6 9:5 9:13 10:12,21 11:11 Uh-huh 7:12 9:18 10:5 understand 8:20,23 understanding 8:24 usual 4:1 usually 9:18,19,21 V v 4:6 9:5,13 10:13 10:21 11:11,15 Videographers 1:21 vs 1:4 W waived 4:14 wall 8:16 Walnut 1:22 way 8:5 Wednesday 1:15 we're 4:8 10:12 whatsoever 9:13 Winters 1:12 3:4 4:11,18,24 5:2,3 witness 3:3 12:1,3 12:7 work 5:8,24 wraps 12:5 www.summitrep... 1:24 X X 3:1 Y Yeah 4:3 5:5 years 9:10,11 $ $9 9:22 0 07-20781:7 080371:23 1 141:15 15th 2:9 15001:14,22 2:4 16101:22 17120 2:9 18th 5:12 19046 5:7 19071:14 2:4 191021:22 2:5 2 2009 5:12 9:9 2010 5:13,14 8:9,18 9:3 10:13 11:9 20121:16 2151:23 2:5 3 3:361:16 3:4412:6 4 4 3:6 4241:23 447-86481:23 5 5 7:14 8:2 10:4 564-5200 2:5 567-33151:23 6 605 5:6 6091:23 7 717 2:10 787-3646 2:10 8 8.50 9:22 8001:23 9 985-24001:23 Page 15 SUMMIT COURT REPORTING, INC. 215.985.2400 * 609.567.3315 * 800.447.8648 * www.summitreporting.com TYRONE PHILLIPS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA NO. 07-2078 CIVIL ORDER OF COURT AND NOW, this 21stday of June, 2012, upon consideration of the Plaintiff's Petition to Reinstate Action, the Department of Corrections' Response thereto and after oral argument, IT IS HEREBY ORDERED AND DIRECTED that the case will be reinstated. The Prothonotary is directed to mark the case active and place it on the active case list. IT IS FURTHER ORDERED AND DIRECTED that on or before July 10, 2012, the parties shall submit to this Court a list of witnesses they anticipate will be deposed in this matter and a date on or before which they anticipate discovery can be completed. After receipt of these items, this Court will fashion a scheduling Order to bring this matter to trial as soon as possible. Timothy R. Hough, Esquire 1500 JFK Blvd. Two Penn Center, Suite 1907 Philadelphia, PA 19102 M. L. Ebert, Jr., -? y s-ter Y`r7 N Vf By the Court, Daniel R. Goodemote, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Court Administrator - BA5 t'las jw bas I_ TYRONE PHILLIPS, V. THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2078 CIVIL IN RE: CASE MANAGEMENT ORDER OF COURT cL c v? rnw =r" z7j !z {3>c-) z c:, C= N c_ c r-- w -v c?a AND NOW, this 13th day of July, 2012, the above captioned case having been reinstated; IT IS HEREBY ORDERED AND DIRECTED that: 1. All discovery in this case, to include the exchange of expert witness reports shall be completed by November 30, 2012. 2. Any dispositive motions, if applicable, shall be filed on or before January 10, 2013. Dispositive motions will be set down for argument on or before January 28, 2013. Argument will be held on the February 15, 2013 Argument Court. 3. Any Motions in Limine shall be filed on or before April 2, 2013. 4. The Plaintiff shall call this case for trial during the call of the civil trial list scheduled for April 23, 2013. 5. Pre-trial Conference for this case will be held on May 8, 2013. 6. Trial in the matter will be held beginning May 20, 2013. By the Court, M. L. Ebert, Jr., U J. z17 rn "Um :*C Timothy R. Hough, Esquire 1500 JFK Blvd. Two Penn Center, Suite 1907 Philadelphia, PA 19102 Daniel R. Goodemote, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Court Administrator S _gP bas ?p4 XIVY TYRONE PHILLIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THE DEPARTMENT OF CORRECTIONS OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant 07-2078 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 23rd day of April, 2013, upon consideration of the call of the civil call list and no person having called the above-captioned case for trial, it is stricken from the trial list . By the Court, Christy ee Peck, J. Timothy R. Hough, Esquire Jaffe & Hough Ste 1907 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 ry Daniel R. Goodemote, Sr Dept Attn Gen Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 C=. For the Defendant .`- rn a 32'" pcbr- N 8 �r 014- F it L E 0-OF F I CE OF THE PROTHONOTARY PRAECIPE FOR LISTING CASE FOR JURY TRIAL 2013 APR 29 AM It: 56 (Must be typewritten and submitted in triplicate) CUMBERLAND COUNTY PENNSYLVANIA TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a JUry Trial. ------------------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE jentire caption must be stated in full] (check one) nX Civil Action-Law ❑Appeal from arbitration TYRONE PHILLIPS (other) (Plaintiff) No. 07-2078 Civil Term VS. The trial list will be called on THE DEPARTMENT OF and September 10, 2013 at 9:30 a.m. CORRECTIONS OF THE COMMONWEALTH, OF PENNSYLVANIA September 25, 2013 (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials) Vs. Trials commence on October 7, 2013 Indicate the attorney Who will try case for the party who files this praecipe: Timothy R. Hop&, Esq. Indicate trial counsel for other parties if known: Daniel R. Goodemote, Esq. This case is ready for trial. Signed: Print Name: TiTmoT5ytR. Hough, Esq. Date: April 26, 2013 Attorneyfor: plaintiff, Tyrone Phillips C�y