Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-3975
Td~9- nwz pr,7'so,ve,~ m'h sci- c~-m£h%li: Po Bo;( ~oo, c ~m p~,?l/ ?/~1'~/ Tolo,o ~ ',U~;,.,e Does oq'--'-P-he Oep3r, t.-mcw+ 1697C-ooooa..o o g'-oz'ce e_.oj-fo,,.,s> cew9-,:,~,l oC---gzce ~"~ Box' 8-~ S'/ t~ 5~,"t.s ,oG -r-k:¢ c/r,o.ss e~ 0 1<~ ee ~ x c ~- co~/~s~9 o w ~ j~/oo ~a ~ e/~u~e~ fl~o~ ~t~1oo. o o-F +he_ i~Jc~e~;~-z ~y' ~uP ~-~ese be ~P oo'P ~e 5flec.4-&4li); VS Of 3 o%¢~Oh I(.or"J (~, -k FPL Mouu S ubr~,'¢- SC_T_- c ,rap,,// o C- Peam © ANTHONY MUSTAFA WILLIAMS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF ' CUMBERLAND COUNTY, PENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN WEXFORD HEALTH SOURCES, INC., KAREN OTTLER, DR. BAKER, MAJOR: NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BAR~OLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, . JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN OR JANE DOE DR OF : SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, DEFENDANTS : 03-3975 CIVIL. TERM ORDER OF COURT AND NOW, this ~--'O day of August, 2003, IT IS ORDERED: (1) Plaintiff may proceed in forma pauperis and is relieved from the costs of filing the complaint and the costs of service. xA/nthony M. Williams, DT 6828, Pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 (2) Plaintiff's petition for the appointment of counsel in this civil action, IS DENIED. B ~ :sal 6 +~L /::~-'C C L=:p l-J-- ,s cpc/i, c. e ANTHONY MUSTAFA WILLIAMS, pLAINTIFF : IN THE COUR'T OF cOMMON PLEAS OF · CUMBERLAND cOUNTY, pENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN WEXFORD HEALTH SouRCES, INC., ' KAREN OTTLER, DR. BAKER, MAJOR: NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL ' OFFICE, JOHN OR JANE DOE DR OF ' SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, : 03-3975 CIVIL TERM DEFENDANTS ORDER OF COURT_ AND NOW, this ~ r~ day of September, 2003, upon relation by the Sheriff of Cumberland County that he received the complaint for service against defendants following the order of this court on August 20, 2003, allowing plaintiff to proceed in forma pauperis, and that he sent the complaint to Somerset County for service and was informed by the Sheriff of Somerset County that he would not serve the complaint without payment and that nothing further has occurred, IT IS ORDERED: (1) The complaint is reinstated. (2) The Sheriff of Cumberland County shall forthwith have the complaint served on defendants pursuant to the Rules of Pennsylvania Civil Procedure and pay any costs necessarY to effectuate such service.~ ~ Whether the Sheriff of S--~merset County should demand payment for the costs of any substituted service from the Sheriff of Cumberland county in this in forma pauperis filing is not a matter this court has jurisdiction to entertain. (3) The petition of plaintiff to amend the complaint is deferred until the original complaint is served. ,/¢~thony M. Williams, DT 6828, Pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Sheriff of Cumberland County - Edgar B. Bayle~,-J. :sal SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAPA VS KORT JOSEPH DR ET AL R. Thomas Kline according to law, says, that the within named DEFENDANT KORT JOSEPH DR unable to locate Him COMPLAINT & NOTICE , Sheriff , he made a diligent to wit: in his bailiwick. He who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT , KORT JOSEPH DR NOT SERVED , as to NO CURRENT ADDRESS WAS PROVIDED FOR DEFENDANT. Sheriff's Costs: Docketing 18 Service Affidavit Surcharge 10 28 So answers: ~ O0 / ~ ~-~-~ O0 ~ " o o 00 Sheriff of Cumberland County 00 00 oo/oo/oooo Sworn and subscribed to before me this '[ ~ day of ~j A.D. Prothonotary SHERIFF'S RETURN - CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL OUT OF COUNTY R. Thomas Ktine duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: MARTIN DAVID but was unable to locate Him in his bailiwick. deputized the sheriff of NORTHUMBERLAND County, serve the within COMPL~AINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On September 26th , 2003 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 .00 .00 25.00 oo/oo/oooo Ri Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this % ~ day o f ~ ~c~ ~/6T_~ A.D. ~- f~' prothonot~r~ In The CoUrt of Common Pleas of Cumberlafid County, Pennsylvania Anthony Mustafa Willies VS. Dr. Joseph Kort et al SERVE: David Martin No. 03-3975 civil Now, August 27, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby~l_ elegize the Sheriff of Norf2'lt.lllber.l~ild d .~Tuta~n l~,ing made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service $ow~ within ,20__, at o'clock __ M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20__ COSTS SERVICE MILEAGE AFFIDAVIT PLAINTIFF: WILLIAMS, Y~NTHONY MUSTAFA P: VS: DEFENDANT: KORT, DR. JOSEPH D: MARTIN, DAVID, PHYSICIkNS ASSISTANT & D: SEWELL, WILMA, HEALTH CARE ADMINISTRATOR D: SCI COAL TOWNSHIP 1 KELLEY DRIVE D: COAL TOWNSHIP PA 17866 SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: CASE #: 03 CV 3975 CTY FILED: CUMBERLAND FILE DATE: 03/08/21 DATE RECEIVED: 03/09/02 ASSIGNED TO: 2 DEF LAW FIRM: WILLIAMS EXPIRES: 2003/09/20 BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: COMPLAINT IN CIVIL ACTION PERSON SERVED: NO SERVICE ON DAVID MARTIN DATE SERVED: TIME: PLACE SERVED: CAPACITY:~ COUNTY OF NORTHUMBERLAND AND STATE OF PENNA,, MAKING KNOWN UNTO : CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: BY: THE SHERIFF'S RETURN CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for t[he within named DEFENDANT , OTTLER KAREN but was unable to locate Her in his bailiwick. deputized the sheriff of SOMERSET County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On September 26th , 2003 , attached return from SOMERSET Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 .00 .00 25.00 oo/oo/o0oo this office was in receipt of the R. Thomas KI%ne Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of ~ ~ A.D. / t Prothonotary' ' In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al SERVE: Karen Ottler No. 03-3975 civil August 27, 2003 ~OW~ hereby del~utize the Sheriff of Some~-~et deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA ', I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service $ow~ within ,20 , at o'clock __ M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscr/bed before me this __ day of ,20 Sheriff'of County, PA COSTS SERVICE MILEAGE AFFIDAVIT CARL W. BROWN OF SOMERSET COUNTY 127 East Fairview, Suite 150 Somerset, PA 15501 814- 4~1 lC0 THOMAS M. KORMANIK Chief Deputy Sheriff WILLIAM R. CARROLL Solicitor Date Received ~- J-~.-~ Date Returned .~ ~ d-o3 P~/TIRNED BY THE SC~ET COUN~ SHERIFF'S DEPARTMENT FOR THE FOLLOWING REASON(S): Fee Amount Due ~.Comp2~e te--'A~dre s S nee'd Directions 'are required o~'BllPost Dfflce and RD ..~omerset Co Sheriff'~ Instruction Sheer required'"fo~ each Defendant ~'D~pu~iz~tion of Sheriff Sheet required for each Defendant Case nee~.to be lilY-.or Reinstated Ten Working Days"Needed Wrong County Failure to sign check We need Additional comp!aints/S~ons Self-Addressed s~amped envelope required for your return SHERIFF'S RETURN - CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL OUT OF COUNTY Thomas Kline mo duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT to wit: DOE JOHN OR JANE DOCTOR AT SCI SOMERSET but was unable to locate Him in his deputized the sheriff of SOMERSET serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and bailiwick. He therefore County, Pennsylvania, to On September 26th , 2003 attached return from SOMERSET Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the So answersA >~ ~r~ R/ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ % day of ~'~5_~-- A.D. Prothonotary' In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al SERVE: John or Jane Doe No. 03-3975 civil NOW, August 27, 2003 hereby del~utize the Sheriff of srxnez'~set: deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service ]NrOVV', within ,20 , at o'clock __ M. served the upon at by handing to and made known to copY of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 SheHffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT CARL W. BROWN 127 East Fairview, Suite 150 Somerset, PA 15501 814- ~1500 THOMAS M. KORMANIK Chief Deputy Sheriff WILLIAM R. CARROLL Solicitor Date Received Date Returned RETURNED BY THE SOMERSET COUN2~ SHERIFF'S DEPkRTME~ FOR THE FOLLOWING PoEASON(S): Fee Amount Due .... C~mp'lete--A~dress need ,lnC~udiD§.,street name and Directions ~re re~ired ., ~omerset Co~ Sheriff'S: Instruction Shegt requir~"'£oL each Defendant D~tizhtion of. Sheriff Sheet required for each D~fendant Case n==~ -,to be f~led- or Reinstated Ten Working Day~N.,e~ded for. Sg~¥_zce ,, ~*~ron~ County Failure to sign check We need Additional comptaints/SU~en~ Self-Addressed stamped envelope required for your return SHERIFF'S RETURN - CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , SEWELL WILMA but was unable to locate Her in his bailiwick. deputized the sheriff of NORTHUMBERLAND County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On September 26th , 2003 , this office was in receipt of the attached return from NORTHUMBERLAiqD Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 oo/oo/oooo So answers: ~i · R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this '/® day of ~'~,~ A.D. Prothonotary In The Court of Common Pleas of Cumberland C~unty, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al SERVE: Wilma Sewell No. 03-3975 civil ]%Tow, August 27, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby del~utize the Sheriff of Northtanberland County to execute this Writ, this depu _t _taJ~o~ n ~l~jng made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA .~.-, -~± Affidavit of Service Now, ,20 , at o'clock __ M. served the within upon by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT I HEREBY CERTIFY A_ND RETURN ~HAT I SERVED: WILMA SEWELL BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: COMPLAINT IN CIVIL ACTION PERSON SERVED: KANDIS DASCANI DATE SERVED: 2003/09/15 CAPACITY : SUPERINTENDANTS ASSISTANT TIME: 2003/09/15 PLACE SERVED: SCI KELLY DRIVE COAL TWP. COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : HER CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF THE DOCKET PAGE #: BY DEPUTY: STEINBERGER, BY: 03 CV 0507 GEORGE SHERIFF'S COSTS: $ 52.42 REC #: NO. OF ATTEMPTS: 2 SWOmte a~d subscdtze~d~e methiS 1~ day ot..~C~f-~ P ROTH-ONOT~RY My Gemm, Ex¢. 1st Mom J~,~ SHERIFF'S RETURN CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL OUT OF COUNTY 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: NEISWONGER tLANDY MAJOR but was unable to locate Him deputized the sheriff of ERIE in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On September 26th , 2003 attached return from ERIE Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 .00 .00 25.00 00/00/0000 __ , this office was in receipt of the So answers3 ~_ _. ~.~ . · R/ Thomas Kfine Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~ ~3 A.D. ~ ~Pr~thonot ar~ ~ In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al SERVE: Randy Neiswc~ger No. 03-3975 civil NOW, August 27, 2003 hereby del~utize the Sheriff of Erie . deputation being made at the request and risk of the Plaintiff. Sheriff&Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now, within ,20 , at o'clock __ M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - CASE NO: 2003-03975 T COMMONWEALTH OF PENNSYLVA/qIA: COUNTY OF ERIE ANTHONY MUSTAFA WILLIAMS VS DR. JOSEPH KORT ET AL REGULAR ROGER GUNESCH County, Pennsylvania, says, the within COMPLAINT NEISWONGER RANDY DEFENDAlqT , at 1443:00 Hour, at SCI ALBION ALBION, PA 16475 WILLIAM BARR, LITIGATION , Deputy Sheriff of ERIE who being duly sworn according to law, was served upon on the 8th day of SeDtember, 10745 RTE 18 by handing to COORDINATOR a true and attested copy of COMPLAINT the 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00'00 ~~e~e~ .00 .00 0o/ Sworn and Subset±bed to before me this/~_ day of~ BARBARA O. TURNER, Nolaly Public of Erie SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CASIS C O but was unable to locate Him deputized the sheriff of ERIE Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On September 26th 2003 attached return from ERIE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 00/00/0000 __ , this office was in receipt of the R. Thomas K~ine Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of ~,~,~ ~&v3.? A.D. rothonota~y' In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Anthcany Mustafa Williams VS. Dr. Joseph Kort et al SERVE: C.O. Casis No. 03-3975 civil NOW, August 27, 2003 hereby del~utize the Sheriff of Erie . deputation being made at the request and risk of the Plaintiff. Sheriff of Cum herlund County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service NOW, within ,20 , at o'clock __ M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE M1LEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2003-03975 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE ANTHONY MUSTAFA WILLIAMS VS DR. JOSEPH KORT ET AL ROGER GUNESCH County, Pennsylvania, says, the within COMPLAINT CASIS (CORRECTIONAL OFFICER) DEFENDAiqT at 1443:00 Hour, at SCI ALBION ALBION, PA 16475 WILLIAM BARR, LITIGATION , Deputy Sheriff of ERIE who being duly sworn according to law, was served upon on the 8th day of 10745 RTE 18 by handing to COORDINATOR a true and attested copy of COMPLAINT the September, 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So Answers: ~~ S~f Erie oo/oo/ooo Sworn and Subscribed to before me this/~3~ day of ~ NOTARU~. SEAl. BARBARA D. TURNER, N~ary Public SHERIFF'S RETURN - CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAPA VS KORT JOSEPH DR ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT SULLIVAN C O but was unable to locate Him deputized the sheriff of ERIE serve the within COMPLAINT Sheriff or Deputy Sheriff a diligent , to wit: in his bailiwick. County, & NOTICE who being search and He therefore Pennsylvania, to On September 26th , 2003 attached return from ERIE Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this '7 ~ day of C~f~ J~3.3 A.D. Prot honor afr~ ! In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al SERVE: C.O. Sullivan No. 03-3975 civil NOW, August 27, 2003 hereby del{utize the Sheriff of Erie . deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2003-03975 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE ANTHONY MUSTAFA WILLIAMS VS DR. JOSEPH KORT ET AL ROGER GUNESCH County, Pennsylvania, says, the within COMPLAINT SULLIVAN (CORRECTION OFFICER) DEFENDANT , at 1443:00 Hour, on the , Deputy Sheriff of ERIE who being duly sworn according to law, was served upon 8th day of at SCI ALBION ALBION, PA 16475 WILLIAM BARR, LITIGATION 10745 RTE 18 by handing to COORDINATOR a true and attested copy of COMPLAINT the September, 2003 together with and at the same time directing His attention to the contents thereof. So Answers: Sheriff's Costs: Docketing . O0 Service .00 ~~~ri~of Er~ty Affidavit .00 Surcharge .00 · 00 --D~ Sher~ .os oo/oo/oooo~_...~ ) Sworn and Subscribed to before me this /~2~_~ day of ~ ~ A.D. Notary NOTARIAL SEAL BARBARA D. TURNER, NOtb'~ Pub~ City of Elie, Ede CO~IIY SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BARTOLONE PAUL CO but was unable to locate Him deputized the sheriff of ERIE serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, & NOTICE He therefore Pennsylvania, to On September 26th , 2003 attached return from ERIE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the So answers: . . .... R. ~homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this '7 ~ day of A.D. Prothonotary In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Anthc~y Mustafa Williams VS. Dr. Joseph Kort et al SERVE: C.O. Paul Barolone No. 03-3975 civil ]~OW, August 27, 2003 hereby del~utize the Sheriff of deputation being made at the request and risk of the Plaintiff. ·, I, SHERIFF OF CUMMERLAND COUNTY, PA, do Erie . County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service 'Now~ within ,20 , at o'clock __ M. served the upon by handing to a and madeknownto copy of the original the contents thereof. So answers ~ Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MT[,EAGE AFFiDAVIT SHERIFF'S RETURN CASE NO: 2003-03975 T COMMONWEALTH OF PENNSYLVAiqIA: COUNTY OF ERIE ANTHONY MUSTAFA WILLIAMS VS DR. JOSEPH KORT ET AL REGULAR ROGER GUNESCH County, Pennsylvania, says, the within COMPLAINT BAROLONE PAUL DEFEND~2qT , at 1443:00 Hour, at SCI ALBION ALBION, PA 16475 WILLIAM BARR, LITIGATION a , Deputy Sheriff of ERIE who being duly sworn according to law, was served upon on the 8th day of September, 10745 RTE 18 by handing to COORDINATOR true and attested copy of COMPLAINT the 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge o00 .00 .00 So Answers: BY~~S h ~ff k ~ Sworn and Subscribed to before me this//~/~ day of Notary NOTARIAL SEAL BARBARA D. City of ~e, E~ ~n~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJ~D WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT YURCAK C O but was unable to locate Him deputized the sheriff of ERIE Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On September 26th , 2003 attached return from ERIE Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 __ , this office was in receipt of the So answers: .j~-- R.~Thomas Kline f Sheriff of Cumberland County Sworn and subscribed to before me this '? ~ day of Od~ A.D. ProthonotAr~ x SHERIFF'S RETURN - REGULAR CASE NO: 2003-03975 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE ANTHONY MUSTAFA WILLIAMS VS DR. JOSEPH KORT ET AL ROGER GUNESCH , Deputy Sheriff of ERIE County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT YURCAK (CORRECTIONS OFFICER) DEFENDAMT at 1443:00 Hour, at SCI ALBION ALBION, PA 16475 WILLIAM B~RR, LITIGATION law, was served upon on the 8th day of September, __ 10745 RTE 18 by handing to COORDINATOR a true and attested copy of COMPLAINT the 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs:So Answers: Docketing .00 Service .00 riff f Affidavit .00 Surcharge .00.00 By D~put~/Sher~ · oo 00/00/0000 Sworn and Subscribed to before me this/.~ day of~ NOT~I~ Ci~ o~ Erie, E~ ~u~ Erie~~ SHERIFF'S RETURN CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DOE JOHN AND JANE CENTRAL OFFICE DEPENDANT , at 1058:00 HOURS, at DEPARTMENT OF CORRECTIONS CAMP HILL, PA 17001-0598 STACY JARVIS, CLERK TYPIST 2, a true was served upon the on the 5th day of September, __ 2500 LISBURN ROAD by handing to ADULT IN CHARGE 2003 and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this Y ~ day of ~ ~2-6~t3 A.D. So Answers: R. Thomas Kline 00/00/0000 Deputy Sheriff SHERIFF'S RETURN CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERLAND WILLIkMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT DOE JOHN AiqD JANE but was unable to locate Him deputized the sheriff of ERIE serve the within COMPLAINT Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, & NOTICE He therefore Pennsylvania, to On September 26th , 2003 attached return from ERIE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the R. ~Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this Y ~ day of ~T~ ~ A.P. J 'Prothonotary -- In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Willi~ns VS. Dr. Joseph Kort et al SERVE: John or Jane Doe No. 03-3975 civil ]X~ow, Augost 27, 2003 hereby del~utize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CU/v[BERLAND COUNTY, PA, do Erie .County to execute this Writ, this Affidavit of Service NOW, within ,20 ., at o'clock __ M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - CASE NO: 2003-03975 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF ERIE ANTHONY MUSTAFA WILLIAMS VS DR. JOSEPH KORT ET AL NOT SERVED Bob Merski Deputy Sheriff, according to law, says, that he made a diligent the within named DEFENDANT , to wit: DOE JOHN OR JANE unable to locate Him in his bailiwick. He COMPLAINT who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT NOT SERVED , as to DOE JOHN OR JANE SCI ALBION 10745 RTE 18 ALBION PA 16475 0000 RETURN UNSERVED; JOHN OR JANE DOE NOT KNOWN AT THIS ADDRESS Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: Bob Merski, Sheriff of Erie County 00/00/0000 Sworn and subscribed to before me Not~!; B.,U~ARA D. TURN~R, Notary Pub~ C~ d Ede, Ede Coun~ SHERIFF'S RETURN - NOT CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLJ~ND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL SERVED R. Thomas Kline according to law, the within named DEFENDANT WEXFORD HEALTH SOURCES INC unable to locate Them in his COMPLAINT & NOTICE , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for , to wit: but was bailiwick. He therefore returns the the within named DEFENDANT NOT SERVED , as to WEXFORD HEALTH SOURCES INC ADDRESS UNKNOWN NO ADDRESS WAS PROVIDED FOR SERVICE ON THIS DEFENDANT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 So answers. .-- ~/7 / ~ R. Thomas K~ine Sheriff of Cumberland County 16.00 00/00/0000 Sworn and subscribed to before me this ~ day of ~ ~9 A.D. Prothonotary k~o._ o_¥ _-3975" ANTHONY MUSTAFA WILLIAMS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN WEXFORD HEALTH SOURCES, INC., : KAREN OTTLER, DR. BAKER, MAJOR: NEISWONGER, C.C. CASIAS, C.C. SULLIVAN, C.C. BARTOLONE, C.C. YURCAK, HEALTHCARE ADMINISTRATOR WlLMA SEWELL, JOHN AND JANE DOES OF CENTRAL: OFFICE, JOHN OR JANE DOE DR OF : SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, DEFENDANTS : 03-3975 CIVIL TERM ORDER OF COURT AND NOW, this '~ day of October, 2003, on the motion of plaintiff on October 8, 2003, to extend the time for filing a certificate of merit, IT IS ORDERED that pursuant to Pa. Rule of Civil Procedure 1042.3(d), the motion IS GRANTED and plaintiff is given an additional sixty (60) days (a total of 120 days from the filing of the complaint on August 14, 2003), to file a certificate of merit:. jsAnthony M. Williams, DT 6828, Pro CI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 :sal B e Cou Edgar B. Bayley,'3,, se 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSI'AFA WILLIAMS, : Plaintiff, Vo DR. JOSEPH KORT, et al., Defendants. i P~AECIPE TO THE PROTHO 5IOTARY: CIVIL ACTION LAW NO. 03-3975 FOR ENTRY OF APPEARANCE Kindly entel my appearance on behalf of Defendants Kandis Wilma Sewell, Randy Nieswonger, Bartolone and Offiier Yurcak. Officer Casias, Officer Sullivan, By: Respectfully submitted, Office of General Counsel, Dated: October 29, ~003 Department of Corrections 55 Utley Drive Camp Hill, PA 17011 717-731-0444 PA Attorney I.D. No. 52802 Dascani, Paul IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, DR. JOSEPH KORT, et al., Defendants. I hereby cer . CIVIL ACTION : LAW : NO,. 03-3975 CERTIFICATE OF SERVICE ify that I am this day depositing in the U.S. mail a true and correct copy of a P~ aecipe for Entry of Appearance in *he above-captioned case. ;ervice by first-class mail addressed as follows: Anthony M. Williams, DT-6828 SCI-Camp Hill P.O. Box 8837 Camp Hill, PA 17001 ~orinne N. Driver Clerk Typist 2 Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: October 2!,. 2003 Vs V N'vY?I,L~NN~d o ,e o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, CIVIL ACTION v. : LAW : DR. JOSEPH KORT, et al., : NO. 03-3975 : Defendants. : DEFENDANTS WILMA SEWELL, RANDY NEISWONGER, ANTHONY CASIAS, BOYD SULLIVAN, PAUL BARTOLONE, AND MICHAEl, YURCAK' S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the above-named Defendants, by and through their attorney, and preliminarily object to Plaintiff Anthony Mustafa Williams' (hereinafter "Williams") complaint, and in support thereof aver as follows: PENNSYLVANIA PRISON LITIGATION REFORM ACT 1. Pursuant to the Pennsylvania Prison Litigation Reform Act, 42 Pa.C.S.A. §6602(0: Abusive litigation - If the prisoner has previously filed prison conditions litigation and: (1) three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2)...the court may dismiss the action. 2. 42 Pa.C.S.A. §6602(e)(2) states: Dismissal of litigation - Notwithstanding any filing fee which has been paid, the court shall dismiss prison conditions litigation at any time, including prior to service on the defendant, if the court determines any of the following: (2) The prison conditions litigation is frivolous or malicious or fails to state a claim upon which relief may be granted or the defendant is entitled to assert a valid affirmative defense, including immunity, which, if asserted, would preclude the relief. Williams has had the following actions dismissed in a manner so as to make them subject to the strictures of 42 Pa.C.S.A. §6602(e)(2): a. USDC~ED-Pa. No. 94:CV-2587 See attached Exhibit A. b. USDC-ED Pa. No. 94-CV-2585 See attached Exhibit B. c. USDC-ED Pa. No. 94-CV-3376 See attached Exhibit C. d. USDC-ED Pa: No: 95~CV-0798 see attached Exhibit-D.: e. USDC-ED Pa. No. 95-CV-4426 See attached Exhibit E. f. USDC-ED Pa. No. 96-CV-6495 See attached Exhibit F. g. USDC-ED Pa. No. 96-CV~6951 See attached Exhibit G. 42 Pa.C.S.A. §6602(0 states: Abusive litigation - If the prisoner has previously filed prison conditions litigation and: (1) three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2)...the court may dismiss the action. The court shall not however, dismiss a request for preliminary injunctive relief which makes a credible allegation that the prisoner is in imminent danger of serious bodily injury. 2 5. Williams has failed to make any credible allegation that he is in imminent danger of serious bodily injury. WHEREFORE, Defendants move the Court to dismiss Williams' claims based on the Pennsylvania Prison Litigation Reform Act. LIS PENDENS 6. Williams has filed an action in the United States District Court for the Middle District of Pennsylvania docketed at No. 1 :CV-02-2320. See attached Exhibit H. 7. In this action, Williams makes many of the same claims he has set forth in this action: 8. The purpose of the lis pendens defense is to protect defendants from harassment by having to defend several suits on the same cause of action at the same time. In order to successfully plead the defense of lis pendens, it must be shown that the prior case is the same, the parties are the same, and the relief requested is the same. Penox Technologies, Inc. v. Foster Medical Corporation, 376 Pa. Super. 450, 546 A.2d 114 (1988); Virginia Mansions Condominiums Assoc. v. Lampl, 380 Pa. Super. 452, 552 A.2d 275 (1988). 9. Even "if the identity test is not strictly met, but the action involves a set of circumstances where the litigation would create a duplicate effort on 3 the part of the parties, waste judicial resources, and 'create unseemly spectacle of a race to judgment', the trial court may stay the later filed action." Crutchfield v. Eaton Corp., 806 A.2d 1259, 1261 (Pa. Super. 2002) citing Norristown Automobile Company, Inc. v. Hand, 386 Pa. Super. 269, 562 A.2d 902 (1989). WHEREFORE, Defendants.move the Court lo_ dismiss, or in the allemative, stay Williams' action based on lis pendens. MEDICAL MALPRACTICE SOVEREIGN IMMUNITY 10. The Commonwealth and its employees acting in their official capacities have sovereign immunity from actions at law except wherein the legislature has specifically waived that immunity. Article I, Section II, of the Pennsylvania Constitution, 1 Pa.C.S. §2310, 42 Pa.C.S.A. §8521. 11. The Commonwealth has waived sovereign immunity for "Act of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse, or related health care personnel." 42 Pa.C.S.A. §8522(b)(3). 12. A prison infirmary is a medical facility as defined by the Act, and a prison health care administrator is a related health care personnel. Wareham v. Jeffes, 129 Pa. Cmwlth. 124, 564 A.2d 1314 (1989). 4 13. In those cases wherein the courts have held that a prison health care administrator was liable, that finding was based on some independent negligence of the health care administrator. Wareham, supra; Williams v. Syed, 782 A.2d 1090 (Pa. Cmwlth. 2001). 14: Exceptions~to sovereign immunity must be strictly construe-d_ Moser v. Heistand, 545 Pa. 554, 681 A.2d 1322 (1996). 15. "While 42 Pa.C.S. §8522(b)(2) waives sovereign immunity for the negligent acts of specified individuals when they are working at or for a Commonwealth Institution, it does not waive sovereign immunity for individuals who act as the corporate entity. Moser at Pa. 561 A.2d 1326. 16. Williams has made no specific claim of negligence on the part of Defendant Wilma Sewell other than that, in the capacity as Health Care Administrator, she failed to "prevent Dr. Kort from continuing his improper conduct." (¶ 7). 17. Williams' claim against Defendant Wilma Sewell is based on a theory of corporate negligence, which is not an exception to the Commonwealth's sovereign immunity. See Moser v. Heistand, 545 Pa. 554, 561-60, 681 A.2d 1322, 1326 (1996). WHEREFORE, Defendant Wilma Sewell moves the Court to dismiss Williams' claims against her. 5 MEDICAL MALPRACTICE FAILURE TO COMPLY WITH Pa.R.C.P. 1042.1 et seq. 18. Pa.R.C.P. 1042.1(a) states: "The rules of this chapter govern a civil action in which a professional liability claim is asserted against a licensed professional." 19. The term "licensed professional" is defined in 42 Pa.C.S.A. 1042(b)(1). The definition includes, inter alia, health care providers as defined in 40 P.S. 1303.503...chiropractors, dentists...nurses, optometrists, pharmacists, physical therapists, and psychologists. 20. Williams has asserted claims against several licensed professionals. 21. Pa.R.C.P. 1042.2(a) provides: "A complaint shall identify each defendant against whom the plaintiff is asserting a professional liability claim." The rule then provides recommended language for complying with this section. 22. Pa.R.C.P. 1042.2(b) provides: "A defendant may raise by preliminary objections the failure of the complaint to comply with subdivision (a) of this rule." WHEREFORE, Defendants move the Court to dismiss Williams' action to the extent it sounds in medical negligence for failure to comply with Pa.R.C.P. 1042.2(a). 6 WILLFUL MISCONDUCT CLAIMS AGAINST DEFENDANT WILMA SEWELI, 23. Williams alleges that Defendant Wilma Sewell (hereinafter "Sewell") is liable under the theory of willful misconduct because she knew Dr. Cort was providing inadequate care and failed to take any ameliorative actions. 24. "Willful misconduct, for the purposes of tort law, has been defined by our Supreme Court to mean conduct whereby the actor desired to bring about the result that followed or at least was aware that it was substantially certain to follow, so that such desire can be implied. Evans v. Philadelphia Transportation Company, 418 Pa. 567, 212 A.2d 440 (1965). In other words, the term 'willful misconduct' is synonymous with the term ~intentional .toW. See; ~. Prosser, Handbook of The Law of Torts, 31 (4th Ed. 1971)." Kingv. Breach, 115 Pa. Cmwlth. 355, 366, 540 A.2d 976, 981 (1988). 25. The protection afforded to Commonwealth employees acting within the scope of their employment extends even to intentional torts. Holt v. Northwest Pennsylvania Training Consortium, 694 A.2d 1134, 1140 (Pa. Cmwlth. 1997); LaFrankie v. Milelich, 152 Pa. Cmwlth. 163, 170, 618 A.2d 1145, 1149 (1992). 7 WHEREFORE, Sewell moves the Court to dismiss Williams' claims against her based on the theory of willful misconduct. CONSPIRACY CLAIMS AGAINST DEFENDANT RANDY NEISWONGER 26. 27. Williams alleges that Defendant Randy Neiswonger (hereinafter "Neiswonger") conspired with Dr. Baker to cancel a necessary medical procedure. "[A]llegations of a conspiracy must be supported by facts bearing out the existence of the conspiracy and indicating its broad objections and the role each defendant allegedly played in carrying out these objections. Bare conclusory allegations of 'conspiracy' or 'concerted action' will not suffice to allege a conspiracy. The plaintiff must expressly allege an agreement or make averments of communication, consultation, cooperation, or command from which such an agreement can be inferred." Flanagan v. Shively, 783 F.Supp. 922, 928 (M.D. Pa. 1992). Where a civil rights conspiracy is alleged, there must be some specific facts in the complaint which tend to show a meeting of the minds and some type of concerted activity. Deck v. Leftridge, 771 F.2d 1168, 1170 (8th Cir. 1985). A plaintiff cannot rely on subjective suspicions and unsupported speculation. Young v. Kahn, 926 F.2d 1396, 1405 n. 16 (3d Cir. 1991). 8 28. Williams has failed to allege any specific facts which would support a conspiracy claim against Defendant Randy Neiswonger. WHEREFORE, Defendant Randy Neiswonger moves the Court to dismiss Williams' claims against him to the extent those claims are based on an alleged conspiracy. WILLFUL MISCONDUCT CLAIMS AGAINST DEFENDANT NEISWONGER 29. Williams alleges Neiswonger is liable for the cancellation of a medical procedure which had been scheduled for Williams. He alleges this constitutes the intentional tort of willful misconduct. (¶ 7). 30. "[W]illful misconduct does not vitiate a Commonwealth employees immunity because sovereign immunity protects a Commonwealth employee acting within the scope of his or her employment from liability, even for intentional torts." Holt v. Northwest Pennsylvania Training Consortium, 694 A.2d 1134, 1140 (Pa. Cmwlth. 1997). WHEREFORE, Defendant Randy Neiswonger moves the Court to dismiss WHIiams' claims against him based on the theory ofwiIIful'misconduct. 9 RETALIATION CLAIMS AGAINST DEFENDANT NEISWONGER 31. Williams alleges Neiswonger retaliated against him for engaging in constitutionally protected activity, i.e., defending himself from assault by two corrections officers. 32. To establish a claim of retaliation, an inmate first "must prove that the conduct which led to the alleged retaliation was constitutionally protected." Rauser v. Horn, 241 F.3d 330, 333 (3d Cir. 2001). Next, a prisoner must show that he suffered some adverse action at the hands of prison officials. Id. The inmate must then show that the constitutionally protected activity was a "substantial" or "motivating" factor in producing the alleged retaliation. Id. 33. Williams alleges this constitutional right is set forth in Article I, Section I, of the Pennsylvania Constitution, which states: All men are bom equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. 34. Williams has failed to allege any facts which would implicate any right he enjoys pursuant to Article I, Section I, of the Pennsylvania Constitution which is consistent with and not properly limited by his status as an inmate. 10 WHEREFORE, Defendant Neiswonger moves the Court to dismiss Williams' claims against him based on any alleged retaliation. ASSAULT AND BATTERY CLAIMS-AGAINST DEFENDANTS-PAZ,rL BARTOLONE, ANTHOb, D[ CASIAS, MICHAEL YURCAK AND BOYD SULLIVAN 35. Williams asserts claims of civil assault and battery against Defendants Paul Bartolone (hereinafter "Bartolone"), Anthony Casias (hereinafter "Casias"), Michael Yurcak (hereinafter "Yurcak"), and Boyd Sullivan (hereinafter "Sullivan"). 36. In Pennsylvania, "[a]ssault is an intentional attempt by force to do an injury to the person of another, and a battery is committed whenever the violence menaced in an assault is actually done, though in ever so small a degree upon the person." Renk v. City of Pittsburgh, 537 Pa. 68, 76, 641 A.2d 289, 293 (1994) quoting Cohen v. Lit Brothers, 166 Pa. Super. 206, 209, 70 A.2d 419, 421 (1950). 37. The protection afforded to Commonwealth employees acting within the scope of their employment extends to intentional torts. Holt v. Northwest Pennsylvania Training Consortium, 694 A.2d 1134, ll40~(Pa. Cmwlth, 1997). 38. The enumerated exceptions wherein the Commonwealth has waived sovereign immunity and consented to be subject to legal action are found 11 at 42 Pa.C.S.A. §8522. Assault and battery is not an enumerated exception. WHEREFORE, Defendants Bartolone, Casias, Yurcak and Sullivan move theCourt to dismiss the ~laims against them baser[on assanlt andbattery. WILLFUL MISCONDUCT CLAIMS AGAINST DEFENDANTS BARTOLONE, CASIAS, YURCAK AND SULLIVAN 39. Williams asserts claims of willful misconduct against Bartolone, Casias, Yurcak and Sullivan. 40. "Willful misconduct, for the purposes of tort law, has been defined by our Supreme Court to mean conduct whereby the actor desired to bring about the result that followed or at least was aware that it was substantially certain to follow, so that such desire can be implied. Evans v. Philadelphia Transportation Company, 418 Pa. 567, 212 A.2d 440 (1965). In other words, the term 'willful misconduct' is synonymous with the term 'intentional tort'. See; W. Prosser, Handbook of The Law of Torts, 31 (4th Ed. 1971)." King v. Breach, 115 Pa. Cmwlth. 355, 366, 540 A.2d 976, 981 (1988). WHEREFORE, Defendants Bartolone, Casias, Yurcak and Sullivan move the Court to dismiss the claims against them based on willful misconduct. 12 41. 42. CONSPIRACY CLAIMS AGAINST DEFENDANTS BARTOLONE, CASIAS, YURCAK AND SULLIVAN - Williams asserts claims of conspiracy against Bartolone, Casias, Yurcak and Sullivan. The essence of conspiracy is an agreement or concerted action between individuals. Durre v. Dernpsey, 869 F.2d 543, 545 (10th Cir. 1989). "[A]llegations [of conspiracy] must be supported by facts bearings out the existence of the conspiracy and indicating its broad objectives and the role each defendant allegedly played in carrying out those objectives. Bare conclusory allegations of 'conspiracy' or 'concerted action' will not suffice to allege a conspiracy. The Plaintiff must expressly allege an agreement or make averments of communication, consultation, cooperation, or command from which such an agreement can be inferred." Flanagan v. Shively, 783 F. Supp. 922, 928 (M.D. Pa. 1992). Where a civil rights conspiracy is alleged, the must be some specific facts in the complaint which tend to show a meeting of the minds and some type of concerted activity. Deck v. Lefiridge~ 771 F.2d t 168, t 170 (8th Cir. 1985). A plaintiff cannot rely on subjective suspicions and unsupported speculations, Young v. Kann, 926 F.2d 1396, 1405 n. 16 (3d Cir. 1991), but instead "must set forth allegations that address the period 13 of conspiracy, the object of the conspiracy, and the certain actions of the alleged conspirators taken to achieve that purpose." Shearin v. E.F. Hutton Group, Inc., 885 F.2d 1162, 1166 (3d Cir. 1989). WHEREFORE, Defendants Bartolone, Casias, Yurcak and Sullivan move the Court to dismiss the claims against them based on conspiracy. CLAIMS FOR PUNITIVE DAMAGES 43. Williams, in his addamnum clause, asks to be awarded punitive damages against all Defendants. 44. Punitive damages are not recoverable against the Commonwealth in tort actions. Feingold v. SEPTA, 512 Pa. 567, 581, 517 A.2d 1270, 1277 (1986). WHEREFORE, Defendants move the Court to dismiss Williams' claims for punitive damages, or in the alternative, to file an amended complaint requesting damages in conformance to the law. 14 CONCLUSION WHEREFORE, for the foregoing reasons, Sewell, Neiswonger, Casias, Sullivan, Bartolone and Yurcak move the Court to dismiss all claims against them. Respectfully submitted, Office of General Counsel, Dated: December 3, 2003 By: MA~sCihsa~ J .//~I~t3rl~ o u~G eO~ ern Department of Corrections 55 Utley Drive Camp Hill, PA 17011 717-731-0444 PA Attorney I.D. No. 52802 I5 Exhibit A IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANTHONY WILLIAMS Plaintiff, Ve DELAWARE COUNTY PRISON Defendant AND NOW, ORDER this 2nd day of May, that the petition to proceed in forma pauperis is GRANTED and the Complaint is DISMISSED as frivolous. No policy or practice of Delaware County prison is set forth which would support Section 1983 liability. BY THE COURT: Exhibit B DELAWARE COUNTY Defendant IN THE UNITED STATES DISTRICT COURT rs . /%NTHONY WILLIAMS -. Plaintiff, ~"~ ~ CIVIL /%CTION No. 94-2585 ORDER AND NOW, this 2nd day of May, 1994, it is hereby ORDERED that the petition to proceed in forma pauperis is GRANTED and the Complaint is DISMISSED as [rivolous. No policy or practice of Delaware County is set forth which would support Section 1983 liability. BY THE COURT: Exhibit C IN THE UNITED STATES DISTRICT COURT FOR THE E~STERN DISTRICT OF PENNSYLVANIA ANTHONY WILLIAMS Vo DELAWARE COUNTY PRISON and DELAWi~RE COUNTY CIVIL ACTION ORDER ~tND NOW, this~day of June, 1994, it is hereby ORDERED the petition to proceed in forma pauperis is GR~NTED and the Complaint is DISMISSED as frivolous. Pennsylvania disenfranchises all incarcerated felons. Owens v. Barnes, 711 F.2d 25, 26 (3d Cir.), cert denied, 464 U.S. 963 (1983).1 A state may constitutionally disenfranchise convicted felons. Owens v. Barnes, 711 F.2d 25, 26 (3d Cir.) (citing Richardson v. Ramirez, 418 U.S. 24 (1974)), cert denied, 464 U.S. 963 (1983). In addition, a state "may distinguish among [convicted felons] 1. The Pennsylvania Election Code does not explicitly disenfranchise incarcerated convicted felons. The sections dealing with absentee ballots provides: [T]he words "qualified absentee elector" shall in nowise be construed to include persons confined in a penal institution or a mental institution . 25 P.S. SS 2602(w) (14), 3146.1(n). Convicted misdemeanants and pretrial detainees are entitled to register and vote during confinement. 1974 Op.Att'y. Gen. No. 47. provided that such distinction is rationally related to a legitimate state interest." Id. at 27. A Pennsylvania incarcerated felon is not entitled to have a voting procedure and equipment established in prison. Ray v. Pennsylvania, 263 F. Supp. 630 (W.D. Pa. 1967), cited with approval in United States v. Essi~, 10 F.3d 968, 975 (3d Cir. 1993). BY THE COURT= 2 Exhibit D IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION NO. 95-0798 ORDER AND NOW, this/~'~ay of April, 1995, upon consideration of the Report Of The Superintendents, it is hereby ORDERED as follows: 1. 2. 3e This case is removed from civil suspense. The motion to proceed in forma pauperis is GP.~NTED provisionally. This Complaint is DISMISSED as frivolous, as follows: (a) The two year statute of limitations bars all claims that arose before February 10, 1993. (b) The claims against SCI-Dallas defendants are dismissed without prejudice to plaintiff bringing them in the United States District Court for The Middle District of Pennsylvania. (c) The claims against the grievance coordinators do not state viable 42 U.S.C. § 1983 claims. (d) Within thirty (30) days of the date of this Order, plaintiff may submit another complaint to this court giving a short statement of his claims against those defendants who injured him in the Eastern District of Pennsylvania on and after February 10, 1993, stating who did what to him when and where with regard to opening his. privileged mail and what his damages were. (s) Any further petitions for leave to proceed in forma pauperis shall set forth a copy of bank statements from plaintiff's outside bank accounts, including Dwelling House Savings and Loan in Pittsburgh. BY THE COURT; 2 Exhibit E IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AN~IIONY WILLIAMS Plalntiff, I : CIVIL ACTION DONALD T. VAUGHN, Defenaants ORDER AND NOW, this/~ day of September, 1995, it is hereby ORDERED as follows: 1. This case is removed from civil suspense. 2. The Motion for Leave to Proceed In Forma PauDeris is GRA~TED and the complaint is DISMISSED as frivolous. 3. The two-year Statute of Limitations bars plaintiff's claims which allegedly arose before July 18, 1993. 4. Plaintiff fails to allege how nine of the named defendants, Womack, Shumaker, Bitner, Gearhart, Guzzi, Williamson, Matthews, Bell and Zwierzyna, were personally involved in any deprivation of his civil rights as is required by 42 U.S.C. ~ 1983. 5. The Pennsylvania Department of Corrections' privileged mail policy does not violate any constitutional provision and defendants Wadsworth and Pogirski did not violate plaintiff's constitutional rights. 6. Plaintiff fails to allege that the Corrections Officers who delivered his legal mail to him, Scott, McNeil, Yankura, Rago, Landwehr, Dombroski and Thiroway, were the individuals who actually opened it outside his presence. 7. Plaintiff fails to state a claim against those defendants, Vaughn, Wadsworth, Clark, Chesney, Shannon, Smith,' Pogirski, Forr and Lehman, whom he accuses of failing to respond and/or inadequately responding to his internal complaints and grievances. 8. Plaintiff does not allege, is his complaint that the actions of Officer Termyna and/or Lieutenant Zahn caused him any injury. Nowhere in his complaint does plaintiff allege what the consequences of officer Termyna's actions were, i.e., what harm it caused him. Plaintiff does not allege that he was harmed, i.e., adversely affected by the Lieutenant's actions. BY THE COURT: 2 CPS-13 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 98-1876 IN RE: ANTHONY WILLIAMS, Petitioner On Petition for a Writ of Mandamus f~om the United States District Court for the Eastern District of Pennsylvania (Related to Civ. No. 95-cv-04426) October 15, 1998 Before: STAPLETON, ALITO AND ROTH, JUDGMENT This case came to be heard on a petition for writ of mandamus and was submitted for decision under Rule 21, Fed. R. App. P. On consideration whereof, it is now here ORDERED AND ADJUDGED by this court that the petition for writ of mandamus is denied. All of the above in accordance with the opinion of this Court. DATED: NOV ] A TRUE COPY: Clerk CPS-}3 NOT-FOR-PUBLICATION ' IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 98-1876 IN RE: ANTHONY WILLIAMS, Petitioner On Petition for a Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania (Related to Civ. No. 95-cv-04426) October 15, 1998 Before: STAPLETON, ALITO AND ROTH, ~ (Filed I'lOV 1 7 1998 ) OPINION PEK CURIAM Pro se petitioner, Anthony Williams, seeks a writ of mandamus compelling the United States District Court for the Eastern District of Pennsylvania to "reinstate" his civil rights suit that was filed against prison officials in July 1995 and dismissed as frivolous in September of that same year. Finding no basis for granting the petition for writ of mandamus, we will deny the petition. Mandamus is an appropriate remedy in extraordinary cases only.' Kerr v. United ~, 426 U.S. 394, 403 (1976). A petitioner seeking the issuance of a writ of mandamus must have no other adequate means to obtain the desired relief, and must Show that the fight to issuance is clear and indisputable. See Allied Chemical Corp. v. ~, 449 U.S. 33, 35 (1980); Bankers Life & Casualty. Co. v. Holland. 346 U.S. 379 (1953). As can best be discerned from the petition, Williams asks this Court to issue an order directing the district court to "reinstate or restore pefitioner['s] case [to the] same position as before dismissal." Petitioner is, in effect, asking this Court to reverse the district court's frivolousness determination and allow the case to proceed. However, "a petition for writ of mandamus 'must not be used as a mere substitute for appeal.'" Madden v. Myers, 102 F.3d, 74, 77 (3d Cir. 1996)(quoting 16 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 3932, at 185 (1977)). Petitioner did not file a notice of appeal from the district court's order entered September 13, 1995, dismissing his complaint as frivolous. Petitioner may not now seek to obtain appellate review of that order, over three years later, by filing a mandamus petition. Petitioner also makes reference in the petition to the district court's 'tismissal of his complaint docketed as civil action number 95-cv-00798. Although the relevance of this civil action to the instant petition is unclear, petitioner includes the suggestion in his petition that this case should have been consolidated with the civil action underlying his mandamus request, E.D. Pa. Civ. No. 95-cv-4426. However, from a review of the district court's computerized docketing system, it appears that this civil action was dismissed on April 17, 1995, prior to the time the second complaint wa~ even filed. Again, petitioner did not seek appellate review of the district court's order of dismissal. Petitioner may not now seek through mandamus that which he could have obtained ' through appellate review three years ago. Thus, having failed to show that alternative means to relief were unavailable and that his right to issuance is clear and indisputable, we will deny Williams' petition for writ of mandamus. Exhibit F IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA i~NTHONY WILLIES, 66876 CIVIL ~CTION Plaintiff, No. 96-6495 Vo K~REN MCKINLEY, ~ND NOW, this 26th day ~er~ 1996, t e~otion for Leave to Proceed DISMISSED as frivolous. The complaint does not set forth a basis for federal jurisdiction- The complaint does not set forth that the defendant is a state actor, thus the federal civil rights laws are not applicable. Nor does the complaint set forth diversity of citizenship and an amount in controversy in excess of $50,000. 28 U.S.C. §~ 1~31-32 (1993 & Supp. 1996). Plaintiff may bring his actiOn in the state court having jurisdiction- Exhibit G IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, ANTHONY WILLIAMSt Plalntiff, Vo DONALD T. VAUGHNt Defendants. et al.~ CIVIL ACTION No. 96-6951 pRDER AND NOW, this/~day of~. 1996, upon consideration of the plaintiff's Motion to Proceed in Forma Pauperis, it is hereby ORDERED that the said motion is DENIED and that the complaint is DISMISSED without prejudice for failure to comply with 28 U.S.C. § 1915, which now provides in pertinent part as follows:1 (a) (1) Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person Who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant's belief that the person is entitled to redress. (2) A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the 1. It appears from the face of the complaint that plaintiff's complaint would be barred by the two year statute of limitations that would apply to this action. See Wilson v. Garcia, 471 U.S. 261, 266-67 (1985) appropriate official of each prison at which the prisoner is or was confined. (3) An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. (b) (1) Notwithstanding subsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of -- (A) the average monthly deposits to the prisoner's account; or (B) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint or notice of appeal. (2) After payment of the initial ~partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid. (3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment. (4) In no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee. (c) Upon the filing of an affidavit in accordance with subsections (a) and (b) and the pre-payment of any partial filing fee as may be required under subsection (b), the court may direct payment by the United States of the expenses of (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; (2) preparing a transcript of proceedings before a United States magistrate in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 636(b) of this title or under section 2 3401(b) of title 18, United States Code; and (3) printing the record on appeal if such printing is required by.the appellate court, in the case of proceedings conducted pursuant to section 636(c) of this title. Such expenses shall be paid when authorized by the Director of the Administrative office of the United States Courts. (d) (2) Notwithstanding any filing fee, or any portio~ thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that (A) the allegation of poverty is untrue; or (B) the action or appeal -- (i is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune for such relief. (f) (1) Judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings, but the United States shall not be liable for any of the costs thus incurred. If the United States has paid the cost of a stenographic transcript or printed record for the prevailing party, the same shall be taxed in favor of the United States. (2) (A) If the judgment against a prisoner includes the payment of costs under this subsection, the prisoner shall be required to pay the full amount of the costs ordered. (B) The prisoner shall be required to make payments for costs under this subsection in the same manner as is provided for filing fees under subsection (a) (2). (C) In no event shall the dosts collected exceed the amount of the costs ordered by the court. (g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court o£ the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. (h) As used in this section, the term 'prisoner' means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. BY THE COURT: 4 Exhibit H IN THE UNITED STATES DISTRICT COURT FOR ~ MIDDLE DISTRICT OF PENNSYLVANIA ANTHONY M. WILLIAMS, Plaintiff, V. Dr. JOSEPH KORT, et al., Defendants. CIVIL NO. 1 :CV-02-2320 (Judge Rainbo) MEMORANDUM Introduction ' 20, 2002, Plaintiff, Anthony'M. Williams - an inma~ a~~e S~~' December Correctional Institution (SC1) in Albion, Pennsylvania- filed the a~ se complaint was filed on March 13, 2003. By memorandum and order dated May 19, 2003, the court dismissed Plaintiff's amended complaint. For the reasons set forth below, the initial complaint (Doc. 1) will be dismissed for fail~re to state a claim upon which relief may be granted. Plaintiff is currently an inmate at SCI-Albion, Pennsylvania. In his complaint (Doc. 1), Plaintiff claims that he injured his knee on June 25, 2000, while incarcerated at SCI-Coal Township, Pennsylvania. Plaintiff also Claims that he re-injured the knee in an altercation on August 5, 2000. During the period between the time that he incurred his initial injury and Plaintiff's transfer to SCI-Somerset on August 22, 2002, medical personnel at SCI-Coal, including Defendant Dr. Kott, treated Plaintiff. At SCl-Somerset, Defendant Karen Ohler treated Plaintiff. Initially, Ohler limited Plaintiff's treatment to therapeutic exercise, which was later supplemented with painkillers. No tests were performed at SCI-Somerset. On January 22, 2002, Plaintiff was transferred to sci-Albion where he is currently incarcerated. Medical staff at that institution performed an MKI on Plaintiff and allowed him to-consult with an orthopedic doctor. As a result of these )rocedures, medical personnel diagnosed Plaintiff as suffering from a bilateral meniscus tear. Surgery, arranged by staff medical personnel, was to take place at some point in September, 2002. On September 2, 2002, however, Plaintiff was involved in an assault on several prison guards. Consequently, officials at SCI-Albion postponed Plaintiff's surgery and placed him in the Restrictive Housing Unit ("RHU") as punishment for his misconduct. ~ The Prison Litigation Reform Act (the "Act"), Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996), established new procedures and requirements for civil fights actions filed by prisoners in federal court. Section 1915(e)(2) establi_shes a I requirement that "the court shah dismiss the case at any time if the court determines that... 03) the action... (ii) fails to state a claim on which relief may be granted .... "(emphasis added) 28 U.S.C. § 1915(e)(2)(B)(ii). To pursue a § 1983 claim, Plaintiff must establish (1) that the alleged wrongful conduct was committed by a person acting under color of state law, and (2) that the conduct deprived Plaintiff of a right, privilege, or immunity secured by the Constitution or laws of the United States. West v. Atkins, 487 U.S. 42, 48 (1988) (citing Parratt v. Taylor, 451 U.S. 527, 535 (1981), overruled in part on other grounds by Daniels v. F/illiams, 474 U.S. 327, 330-331 (1986), and Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 155 (!978)); Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1141 (3d Cir. 1990). The court finds that Plaintiff's complaint does not allege that Defendants ~The requested surgery was ultimately performed on March 21, 2003. 3 deprived him of a recognized right, privilege or immunity secured by federal statute or the Constitution. ' In the complaint, Plaintiff claims that (1) Defendants Kort, Ohler and Martin inflicted unnecessary pain on Plaintiff in violation of his Eighth Amendment2 rights (Doc. 1, p. 14); (2) Defendants Kort, Ohler and Martin's conduct constituted negligence and an intentional tort (id.); (3) De,~fendants Neisw_~lg~LB~r conspired to "cause Plaintiff continued, unn~eme pain~ limited movement, knee swelling and knee buckling in retaliation for the alleged assault of staff on September 2, 20.02 .... "(Doc. 1, ¶ 34); (4) Defendant Baker's conduct constitute negligence and an intentional tort (Doc. 1, pp. 14-15); and (5) Defendants Baker an~d Neiswonger conspired to commit negligence and an intentional tort (Doc. 1, p. 15). In his prayer for relief, Plaintiffrequests a declaratory judgment confn-ming the deficiency of Defendants' medical treatment, an order directing the postponed knee surgery, together with compensatory, punitive and nominal damages, and such other relief to which Plaintiff may be entitled. (Doc. 1, pp. 15-16.) 2In relevant part, the Eighth Amendment prohibits "cruel and unusual punishments." U.S. Cons[ amend. VHI. 4 Eighth Amendment Claims - Deliberate Indifference In Estelle v. Gamble, 429 U.S. 97 (1976), as here, the prisoner/plaintiff claimed that inadequate medical treatment violated his Eighth Amendment protection f~om cruel and unusual punishment. The Supreme Court acknowledged that the Government has an obligation tO provide medical care to its prisoners, but held that a constitutional violation does nqt.occ~ prdess !~laintiff can show Defendants demonstrated "deliberate indifference to serious medical needs of prisoners" which causes 'hamecessary and wanton infliction of pain." Id. at 104 (citation omitted). Further; not every illness or injury enjoys Constitutional protection. Only serious medical needs give rise to constitutional scrutiny. West v. Keve, 571 F.2d 158, 161 (3ra Cir. 1978). To establish Eighth Amendment liability, a prison official must be shown to have knowledge of an excessive risk to inmate safety or health, and the official must disregard that perceived risk. Farmer v. Brennan, 511 U.S. 825, 842 (1994). An official who actually knew of a substantial risk to inmate health or safety will not be liable where the official acted reasonably in response, even if the harm ultimately ensues. Id. at 844. A non-physician defendant will not be liable for deliberate indifference where the inmate is receiving treatment by the prison's medical staff. Durmer v. O'Carroll, 991 F.2d 64, 69 (3d Cir. 1993). 5 A complaint that a physician or a medical department "has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical m/streatment under the Eighth Amendment [as] medical malpractice does not become a constitutional violation merely because the victim is a prisoner." Estelle, 429 U.S. at 106. Where a prisoner has actually been provided with medical treatment, one cannot always conclude that, if such treatment was inadequate, it was no more than mere negligence. See Durmer v. O'CarrolI, 991 F.2d 64, 69 (3d Cir. 1993). If inadequate treatment results simply fi:om an error in medical judgment, there is no constitutional violation. Id. In this case, Plaintiff s allegations, even if tree, establish nothing more than mere negligence - a characterization used by Plaintiff in three of the five claims. Plaintiff's complaint does not contain any allegation of a "substantial risk" to a "serious medicai condition" caused by the delay of his non-emergency surgery on his knee. In short, even if Plaintiff'S allegations are tree, they are insufficient to hold Defendants' liable for violation of Plaintiff's Eighth Amendment rights. Plaintiff also claims that Defendants Baker and NeiSWonger conspired to deprive him of the prescribed surgery in retaliation for allegedly assaulting prison guards on September 2, 2002. It must be noted at the outset that the surgical procedure has 6 occurred. Thus, Plaintiff may now only argue that postponement, rather than cancellation, of this non-emergency surgery was retaliatory, To prove that Defendants violated Plaintiff's Constitutional rights by retaliating against him for his actions, Plaintiff must demonstrate (1) that Plaintiff engaged in constitutionally protected conduct, (2) an adverse action by Defendants sufficient to deter a person of _or_~di~._ ary fimmess.bom exercising l~is CO~fi_ _m_tional d.gl~_ts, and (3_) a cansa_l l'm~- between the exercise of his constitutional rights and the adverse action'taken against ~ Mitchell v. Horn, 318 F.3d 523, 530 (3d Cir. 2003) (citing Rauser v. Horn, 241 F.3d 330, 333 (3d Cir. 2001)); see also Allah v. Seiverling, 229 F.3d 220, 224-25 (3d Cir. 2000). For the reasons stated below; Plaintiff's retaliation claim must fail. Plaintiff's allegations do not indicate that he was engaged in any constitutionally protected conduct when Defendants decided to postpone the surgery. Plaintiff was charged with assault on the prison guards. As a result, Defendants postponed the scheduled knee surgery. Certainly, Plaintiff cannot legitimately argue that he had a constitutionally protected right to assault the guards. Likewise, the complaint lacks an allegation that Defendants' actions would deter a "person of ordinary firmness" from pursuing that right. Plaintiff has not been swayed by the surgery postponement in his pursuit of this case or in pursuit of the administrative review of his misconduct. To the contrary, Plaintiff added a challenge 7 regarding the guards' subsequent actions to his amended compIaint. If anything, the postponement seems to have fortified Plaintiff's resolve to seek retribution against I these Defendants. In light of the above discussion, Plaintiff's complaint (Doc. 1) has not pled the requisite elements to sustain a retaliation claim. Plaintiff also claims a conspiracy between Defendants Baker and Neiswonger, to deprive Plaintiffofhis surgery. To set forth a cognizable conspiracy claim, a plaintiff cannot rely on broad or conclusory allegations. D.R. by L.R.v. Middle Bucks Area Vocational Technical Sch., 972 F.2d 1364, 1377 (3d Cir. 1992); Rose v. Bartle, 871 F.2d 331,366 (3d Cir. 1989); Durre v. Dempsey, 869 F.2d 543, 545 (10th Cir. 1989). The Third Circuit Court of Appeals has further noted that "Ia] conspiracy claim must.., contain supportive factual allegations." Rose, 871 F.2d at 366. Moreover, "[t]o plead conspiracy adequately, a plaintiff must set forth allegations that address the period of the conspiracy, the object of the conspiracy, and the certain actions of the alleged conspirators taken to achieve that purpose." Shearin v. E.F. Hutton Group, Inc., 885 F.2d 1162, 1166 (3d Cir. 1989). The essence of a conspiracy is an agreement or concerted action between individuals. See D.R. by L.R., 972 F.2d at 1377; Durre, 869 F.2d at 545. 8 Consequently, a plaintiff must allege with particularity and present material facts which show that the purported conspirators reached some understanding or agreement or plotted, planned and conspired together to deprive plaintiff of a protected federal right. See id.; see alsoRose, 871 F.2d at 366; Young, 926 F.2d at 1405 n. 16; Chicarelli v. Plymouth Garden Apartments, 551 F. Supp. 532, 539 (E.D. Pa. 1982). Where a civil rights conspiracy is alleged, there must be some specific facts, in the complaint which tend to show a meeting of the minds and some type of concerted activity. Deck v. Lefiridge, 771 F.2d 1168, 1170 (8th Cir. 1985). A plaintiffcarmot rely on subjective suspicions and unsupported speculation. Youngv. Kann, 926 F.2d 1396, 1405 n. 16 (3d Cir. 1991). In this case, there are no allegations of fact in the complaint which reasonably suggest the presence of an agreement or concerted activity between Defendants to violate Plaintiffs civil rights. Accordingly, the complaint will be dismissed without prejudice for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). In accordance with the preceding discussion, the court will dismiss Plaintiff's complaint. 9 An appropriate order will issue. Dated: May 23, 2003. s/Sylvia H. Rambo Sylvia H. Rambo United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ANTHONY M. WILLIAMS, : Plaintiff V. Dr. JOSEPH KORT, et aL, Defendants. ORDER CIVIL NO. 1 :CV-02-2320 (Judge Rambo) In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT: 1. The complaint (Doc.l) is DISMISSED without prejudice for failing to state a cause of action upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)3. 2. The Clerk of Court shall close the file. 3. Any appeal taken from this order will be deemed frivolous, without probable cause, and not taken in good faith. s/Sylvia H. Rainbo Sylvia H. Rambo 3The dismissal of this action does not relieve plaintiff of the obligation to pay the full filing fee. Until the filing fee is paid in full, the Admini~rative Order issued on Januaxy 23, 2003 is bindin~ on the superintendent of SCI-Albion, as well as the warden or superintendent of any other correctional facility to which plaintitfis ttansfm'ed. Dated: May 23, 2003. United States District Judge 12 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ANTHONY M. WILLIAMS, Plaintiff V. DR. JOSEPH KORT, et al., D~fen~d~ints : CIVIL NO. 1:CV-02-2320 : (Judge Rambo) ~- MEMORANDUM On December 20, 2002, Plaintiff Anthony M. Williams, aa inmate at the State Correctional ln.~itution (SCI) in Albion, penn~lvania, filed a pro se complaint (Doc. 1) purmmnt to the provisions of 42 U.S.C. § 1983. Plaintiff has also filed au application to proceed informapauperis (Doc. 9). On March 13, 2003, he also filed an amended complaint (Doc. 23). Presently before this court are the following motions: (1) Plaintiff's motion for temporary restraining order (TRO) (Doc. 6) to compel requested surgery; (2) Defendant Neiswonger's first motion to dismiss TRO (Doc. 25); (3) Defendant Neiswonger's first motion for protective order (Doc. 27) to stay the requirement of response to Plaintiff's discovery until the court has ruled on the motion to dismiss; (4) Defendant Neiswonger's first motion to dismias the amended complaint (Doc. 30); and (5)Defendant Neiswonger's motion to strike Plaintiff's response and other doc,~ments (Doc. 39). : plaintiff is currently an inmate at SCI-Albion. In his complaint, Plaintiff claims that he injured his knee on ~lune 25, 2000, while incarcerated at SCI-Coal. plaintiff also clalm.q that he m-injured the knee-in an altercation on August 5, 2000. Al~ the initial injury, members of SCI-Coal's medical staff, including Defendant Dr..Kort, began treating the injury and continued to provide treatment to plaintiff?until August 22, 2001. On that date, State Correctional officials transferred plaintiffto SCI-Somerset. At SCI-Somerset, Defendant Ohler treated Plaintiff. lmitially, Ohler iimited Plaintiff's treatment to therapeutic exercise, which was later supplemented with painldllers. No tests were performed at SCI-Somerset to determine the extent of plaintiff's injury. On January 22, 2003, PlaintlffwaS transferred to SCI-Albion, where he is mtly incarcerated. Subsequently, an MRI was performed, and Plaintiff consulted with an orthopedic doctor. Ultimately, plaintiff.was diagnosed with a bilateral meniscus tear, and he was scheduled for knee surgery in September, 2002. However, Plaintiff's confinement in the Restrictive Homing Unit (ILI-IU) for misconduct on September 2, 2002, the surgery was postponed. In the original complaint, plaintiff claims that Defendant Neiswonger ("the Major of security" at Albion;Doe. 1, ¶8), and Defendant, Dr. Baker (Plaintiff's treating physician at Albion) conspired to "cause Plaintiff continued, ~mnecessary extreme pain; limited movement, knee swelling add knee buckling in retaliation for the alleged assault on staff on September 2, 2002, by cancelling the operation." (Doc. 1, ¶ 34.) Tnhis prayer for relief, Plaintiffrequests a declaratory jud~tnnent confirming the deficiency of Defendants' medical treatment, an order directing the postponed knee surgery, together with compensatory, punitive and nominal damages, and such other relief to which the Plaintiff may be entitled. (Doe. 1, pp. 15-16.) On January 6, 2003, p~aintiff filed a motion for a temporary restraining order CI~RO) anda preliminary injunction (Doc. 6), asking the Court to require Defendants to schedule "all pre-operational tests, and perform the required surgery. (Doc. 6, ¶9.) Although none of the Defendants responded to the TRO motion, there was nothing in the record to in,cate service. By order dated March 10, 2003 (Doc. 20), this Court directed Plaintiffto serve the TRO motion on Defendants. Plaintiff fried an "amendment to the above caption [sic] complaint" on March 13, 2003 (Doc. 23). In the amended pleading, Plaintiff contends that Defendants 'Joined in a conspiracy to cause an assault upon me in a malicious and sadistical [sic] manner..." (Doc. 23, p. 4.) In the prayer for relief, Plaintiff requests compensatory, p~lnitive, and nominal damages, together with any other appropriate relief. (Doc. 23, p. 5.) Federal Rule of Civil.Procedure 20, rifled permissive Joinder of Parties, in p~tinent part, reads: (a) Permissive Joinder. All persons.., may be joined in one action as defendants ffthere is asserted against them jointly, severally, or in the altemarive, any right to relief in respect of or arising out of the same transaction, occurrence, or series of tran.qactions or occurrences and if any question of law or -Pact-common-to- alt-defe~ fl ~mts-witLarise4~ ~lieq~{,'riomA-- - plaintiff or defendant need not be interested in obtaining or defending agaln~ all the relief demanded. Jurl,,oment may be given for one or more of the plaintiffs accorrling to their respective fights to relief, and again.qt one or more defendants accorrllng to their respective h'abilities. Fed. R. Civ. P. 20(a). The initial complaint is an effort ~ compel Plaintiff's knee surgery which was postponed, but ultimately performed (Doc. 31, part 2, Exh. C, ¶ 9) on March 2i, 2003, as well as damages for the pain he allegedly endured during the delay. By contrast, the amended complaint relates to an alleged conspiracy to commit assault and battery. The claims again~ Defendants do not arise out of the same transaction, occurrence, or series of transactions or occurrences and do not have a question of law or fact common to all defenrlants. 'In fact, the issues raised in the initial complaint appear to have been largely resolved by the surgery. R~le 20 is a flem~ble ~le t~at allows fo~ fa~mess ~d j~ e~omy. ~e 20(a) p~ jo~d~ ~ a s~e a~on of ~ p~m ~g, or ~f~ding ~in% a jo~ sev~ or ~t~ve ~t ~ mHef ~t ~ses o~ of ~e same ~n~a~on or occ~ce ~d'pres~ a common ~es~on of law or fact. ~e p~ose of ~e ~e is ~ pmmo~ ~ convince ~d e~ ~e ~ &~ina~on of ~u~s, ~by ~v~g m~ple ~w~. 7 ~les ~lan Wfi~ ~ ~ ~i~, & ~ ~y ~e, Federal Prac~ce and · Proc~ure ~ 1652 at 371-72 (198~. "lng~ad of develop~g one g~ized ~st for ~c~sining ~e~ or not a p~c~ facms~ si~fion ~mfim~s a s~gle ~n~acfion ~ oc~ce for p~oses of R~e 20, ~e co~... ~ve adopted a case by c~e approach." Id. at ~ 1653 at 382. ~ ~e ~s~ co~ d~i~s wh~er ~e p~ fa~ ~t jo~, i~ decision is ~bject ~ m~ew o~y for able of &scr~on. Chicago, Rock Island & Pac. R.R. Co. v. Williams, 245 F.2d 397, 4~ (8~ Cfi. 1957), c~. denied, 335 U.S. 885 (195~. ~ UnitedMine Wor~rs OfAme~ca v. Gibbs, 383 U.S. 715, 724 (196~, ~e S~e Corn held ~t "[u]nd~ ~e R~es, ~e ~p~se is m~d ~alning ~e broadest possible scope of a~on comistont ~ f~ess to ~e p~es; jo~der of elaim~, p~es ~d me~es is ~ongly encomge&" "~is~t ~ ~s ~Scy, ~e ~n~a~on ~d co--on q~sfion ~q~m~ pres~b~ by R~e 20(a) ~ to be h~oerally construed in the interest of convenience and judicial economy." King v. Ralston Purina Co., 97 F.R.D. 477, 479-80 (W.D.N.C. 1983). The Eighth Circuit has noted that the policy of liberal application of RUle 20 is not a license to Join any and all claims and clefeotlants in one lawsuit: Permissive joinder is not, however, applicable in all cases. The rule imposes two specific requisites to the joinder of parties: (1) a fight to relief must be asserted by, or againm, --caeh-phtintiff-or dofendanVr~fm~t~orori~g out-of4h~- ..... same transaction or occurrence, or series of transactions or occurrences; and (2) some question of law or fact common to all the parties must arise in the action. Mosley V. GeneralMotors Corp., 497 F.2d 1330, 1333 (Sth Cir. 1974). Will/ams' two claims share neither common legal issues nor common facts, and aCCordingly they have joined inappropriately under Rule 20. A careful marling of Williams' allegations shows that the only common thread that his clalm~q share is tlmt they are allegedly retaliatory conspiracies. In all other respects, the Defen~tants and the alleged actions are disparate and unrelated. The claims, therefore, do not satisfY the elements ofjoinder. There also exists another important reason for requiring compliance with Rule 20. The Prison Litigation Reform Act of 1995 ('~PLRA"), Pub. L. NO. 104-134, 110 Stat. 1321 (April 26, 1996), sub~antially changed the judicial treatment of civil rights actions by state and federal prisoners. One major change was that pursnant to the PLRA, the full filing fee ultimately must be paid, at least in a non-habeas action. In being pei~aitted to combine in one action separate, independent clalm.~, Williams is able to circumvent the f~llng fee requirements of the PLRA. Based on the foregoing, pJaintiff's amendment to the complaint (Doc. 23) will be dismissed, without prejudice to Plointiff's rights to pursue such claim in a separate cause of action. An appropriate order will follow. Date& May 19, 200~. s/Sylvia H. Rainbo Sylvia H. llambo United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ANTHONY M. WILLIAMS, Plaintiff iEPH KORT,"~ ~/., Defendants CIVIL NO. 1:CV-02-2320 In accordance with the accompanying memorand,~n of law, IT IS ~',REBY ORDERED THAT: (1) Plaintiff's "amendment to the above caption [sic] complaint" (Doc. 23) is DISMISSED WITHOUT pREJUDICE to the Plaintiff's right to pursue those claims in a separate cause of action; (2) plaln~':f's motion for a temporary restraining order or preliminazy injunction (Doc. 6) is DENIED AS MOOT; (3) Defendant Neiswon~s first motion to dismiss motion for tempo___~ restraining order, (Doc. 25) is DENIED AS._MOOT; (4) Defendant Neiswonger's motion for ~rotective order (Doc. 27) is DENIED ~ ' (5) De~fendaut .Neiswonger's motion to dismiss (Doc. 30) P~s (6) Defendant Neiswonger's motion to dismiss (Doc. 39) plaintiff's response and otb cuments is DENIED AS Dated: May 19, 2003. s/SylVia H. ]?ambo Sylvia H. llambo United States District Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, : : Plaintiff, : CIVIL ACTION : v. : LAW : DR. JOSEtaH-KOP~T~ et aL, : NO. 03-3975 : Defendants. : CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Defendants' Preliminary Objections in the above-captioned case. Service by first-class mail addressed as follows: Anthony M. Williams, DT-6828 SCI-Camp Hill P.O. Box 8837 Camp Hill, PA 17001 Corinne N. Driver Clerk Typist 2 Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: December 3, 2003 O~ serulce ANTHONY MUSTAFA WILLIAMS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN WEXFORD HEALTH SOURCES, INC., : KAREN OTTLER, DR. BAKER, MAJOR: NEISWONGER, C.O. CASIAS, : C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE : ADMINISTRATOR WlLMA SEWELL, . JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN OR JANE DOE DR OF : SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, DEFENDANTS : 03-3975 CIVIL TERM ORDER OF COURT AND NOW, this (.'"~ day of December, 2003, a Rule entered against defendants to show cause why plaintiff should not be permitted to file an amended complaint. ~nthony M. Williams, DT 6828, Pro SCl Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 :sal Rule returnable twenty (20) days after service. se ANTHONY MUSTAFA WILLIAMS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN : WEXFORD HEALTH SOURCES, INC., : KAREN OTTLER, DR. BAKER, MAJOR: NEISWONGER, C.O. CASlAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL: OFFICE, JOHN OR JANE DOE DR OF : SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, DEFENDANTS : 03-3975 CIVIL TERM AND NOW, this/"~ ORDER OF COURT day of December, 2003, pursuant to Pa. Rule of Civil Procedure 1042.3(d) the motion for extension of time for filing a certificate of merit is granted for a period of sixty (60) days. Edgar B. Bayley, J. Anthony M. Williams, DT 6828, Pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 , Michael J. McGovern, Esquire ._"-~...~ For Dandis Dascani, Wilma Sewell, Randy Nieswonger, Officer Casias, Officer'SulliVan, Paul Bartolone and Officer Yurcak :sal pc.r- $o ~ el LDA591-02590 CHR SF'4-13?B F'ENN~YLVANIA STATE POLICE 1800 ELMERTON 0?/29/98 11.4,.05- 0?/29/98 11.-~.0~ CENTRAL REPOSITORY ATTN: PAGE i OF 9 BTJ50JHYLMZF AVENUE HARRISBURG, PENNSYLVANIA 17110 717-787-9092 PARADIS~ADA~JMH ORI: FA¢59015A' ] ~ LEHIGH COUNTY DA USE OF. THE FOLLOWING CRIMINAL HISTORY RECORD FOR *** SID/177-45-52-2 *** REGULATED bY AC[ 47~ AS AMENDED. *** III SINGLE STATE OFFENDER *** DOB: 12/01/1967 SEX: M RAC: B SOC: 195-54-2980 FBI: 278~6~HA0 NAME: WILLIAMS,ANTHONY OTN: M510567-5 ARRESTED: 05/28/1987 PAPEP0000 PHILADELPHIA PD OCA: 661016 DISPOSITION DATE: 09/28/1987 COMMON PLEAS DOCKET: 8706-1275 1/1 05/28/1987 CC2701 SIMPLE ~SSAULT QUASHED/DISMIS/DEMUR SUS PLEAD GUILTY LDA591-02590 - CHR 05/28/1987 CC2702 05/28/1987 CC2702 0?/29/98 11:2~':08 ASGRAVATEO ASSA Z_ ~/z8/1987 UC~ .~ RECKLESSLY ENDANGERING M2 05/28/1987 CC~-r .~w?-~' = RECKLESSLY ENDANGERING M2 )~/z8/198~ CC75925 RECEIVING STOLEN PROPERTY") 05/28/1987 CC5928A 05/28/1987 CC5104 PAROLE INFORMA¥ION: UNAUTH USE OF AUTO...~ VEHICLES M2 RESISTING ARREST - M2 PHILADELPHIA COUNTY PROBATION EFFECTIVE: 09/28/1987 PAGE 2 OF 9 - 0'?/29/98 11:27:02 Bl'J50JHYLMZF COSTS QUASHED/DISMIS/DEMUR SUS PLEAD GUILTY COUNYY PRISON 01 DY 02 YRS COSTS QUASHED/DISMIS/DEMUR SUS NOLLE PROSSED/WITHDRAWN PLEAD GUILTY COUNTY PRISON 01 DY - 02 YRS COSTS PLEAD GUILTY COUNTY PRISON 01 DY - 02 YRS COSTS NOLLE PROSSED/WITHDRAWN NOLLE PROSSED/WITHDRAWN OCA: 180J?4B MAXIMUM: 04/28/1989 LDA.391-02590- CHR 0?/29/98 ll:_~.lJ- 0?/29/98 11:27:02 BTJ50JHYLMZF 97. PAGE ~ OF 9 NAME: WILLIAMS,ANTHONY OTN: M.5:~9415-6 ARRESTED: (:2/12/1988 PAPEP0000 PHILADELPHIA PD OCA: 661016 DISPOSITION DATE: 08/12/1988 02/12/1988 CS13A16 VIO CS/DRUG/DEV & COSMETIC ACT COUNTY PROB W/O VERDICT 01YR PROBATION INFORMATION: PHILADELPHIA COUNTY PROBATION OCA: 180~74C EFFECTIVE: 08/12/1988 MAXIMUM: 08/12/1989 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ NAME: WILLIAMS,ANTHONY OTN: M~9618~-4 ARRESTED: 0~/09/1989 PAPEPO000 PHILADELPHIA PD OCA: 661016 DISPOSITION UNREPORTED CC0901 CRIMINAL ATTEMPT/ THEFT BY UNLWF TAKING OR DISPO (CC3921 CC0907 POSSESSING INSTRUMENT OF CRIME - M1 NAME: WILSON,SHAWN OTN: M599~56-6 ARRESTED: 06/05/1989 PAPEP0000 PHILADELPHIA PD OCA: ?06024 -DA:591-02590- CHR 0?/29/98 11:27:17- }ISPOSITION DATE: 10/10/1990 COMMON PLEAS DOCKET: ])6/03/t989 CC.~921 THEFT BY UNLWF TAKING OR DISPO }6/03/1989 CC~'~'~____ RECEIVING S~OL EN PROF'ERT'~" }6/0J/1989 CE.39-.BA UNAUTH USE OF AUTO & VEHICLES - M2 PAGE 4 OF 07/29/98 11.~.02 B~J5OJHYLMZF 9006-26?5 1/1 9 NOLLE PROSSED/WiTHDRAWN NOLLE PROSSED/WITHDRAWN PLEAO GUILTY COUNTY PRISON 01 DY - 02 YRS COSTS RES¥IFUTION NOLLE F'ROSSEO/WITHDRAWN ~++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++ qAME: YOUNG,TONY O[N: C098149-2 RRESTED. 12/14/1989 PA0090200 BRISTOL PD OCA: 807'5 DISPOSITION DATE: 0.3/28/1990 COMMON PLEAS DOCk. b.F. 90~]281 12/05/1989 CC0901 THEFT BY UNLWF ~AK£NG OR DISF'O PLEAD GUILTY COUNTY PRISON 11 MOS 15 DYS COSTS RESTITUTION PASE 5 OF LDA591-02590 - CHR ...... 0~[~8 ~}!:27:22 - {)?729/98 11:27:{)2 BTJ50JHYLMZF 12/05/1989 CC09D3 /~bRIMINAL C~'i~'h~'~ ' ..... - ...... ' PLEAD GUILTY ,' THEFT BY UNLWP rAKING OR DISPO~ COUNTY PRISON ~21A ) - F3 .~ ll MOS 15 DYS COSTS RESTITUTION NAME: YOUNG,WILLIAM OTN: C171754-2 A!~RESTED: {)9/15/199{) PA0090500 BRISTOL TWP PD OCA: UNKNOWN PRINT SUBMITTED BY: PA046025C STATE CORRECTIONAL INST OCA: BII?09 DISPOSITION DATE: 09/10/1990 COMMON PLEAS DO~K~T.!'J{~?.~Oi)~ ' ·~? 0~/11/1990 CC2701 SIMPLE ASSAULT 002 CTS - M2 ~"~ PLEAD 0511111990 CC2702 AGGRAVATED ASSAULT 0{)2 CTS - ~-~ 03/11/1990 CC2705 RECKLESSLY ENDANGERING 002 CTS) STATE O1YR COSTS PLEAD STATE O1 YR COSTS PLEAD STATE GUILTY CORRECTION - 05 YRS GUILTY CORRECTION - 03 YRS GUILTY CORRECTION L. DA.3~ 1- {)259{) - 0.~/11/1990 0511111990 CHR 0'~/29/98 11'~'~''-.~.26 - CC5505 CC2'706 I'ER -' ~ ~ M~ COGFS RO~IsTIC THREATS - PLEAD GUILTY STATE CORRECTION 01YR - O;J YRS COSTS DISORDERLY CONDUCT - M~ PLEAD GUILTY ....................... STATE CORRECTION Ol YR - 05 YRS PAGE 6 OF '""~')- 8FJ5OJHYLMZF 0?/29/98 11.~.('9 01YR - 05 YRS 9 COSTS ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~++++++++++++ NAME: YOUNG,WILLIAM OTN: C013786-~ ARRESTED: D5/06/1992 F'A0090700 LOWER MAKEFIELD TWP PD OCA: 1052 DISPOSITION DATE: D?/27/1992 COMMON PLEAS DOCKET: 922219 07t~1/1989 CC5505A1 CRIMINAL TRESPASS - F2 ~ PLEAD GUILTY COUNTY F'RISON 25 MOS COSTS RESTI'FUTION PLEAD GUILTY 08/08/1989 CC5921A THEFT BY UNLWF TAKING OR DISPO LDA391-02590 - CHR OZI2919G 11:27:31 )71-9198 11:~~. ~ PAGE ? OF 9 ~ .0~ 8TJ50JHYLMZF - F3 COUNTY PRISON 23 MOS · COSTS RESTITUTION ~, CC~925 RECEIVING STOLEN PROPERTY - F~I PLEAD GUILTY COUNTY PRISON 23 MOS COSTS RESTITUTION PAROLE INFORMATION: BUCKS COUNTY PROBATION OCA: 000000559 EFFECTIVE: 06/16/1992 MAXIMUM: 05/16/1994 NAME: WILLIAMS,ANTHONY OTN: E377609-1 ARRESTED: 06/02/1992 PA0090700 LOWER MAKEFIELD TWP PD OCA: 1(}43 DISF~OS~T~._~_~,: !2~78~$2 COMMON PLEAS DOCKET: 924111 06/02/1992 CCJ925A 06/02/1992 CC905A1 RECEIVING STOLEN PROPERTY CC0903A 1 PLEAD GUILTY STATE CORRECTION 01YR - 02 YRS COSTS DISPOSITION UNREPORTED ~ · PAGE 8 OF 9 LDA391-02590 - CHR 0?/29/98 11:27:.56 07/29~,~,98 11:27:02 S]'JSOJHYLMZF 06/~]2/1992 CC4906A FALSE REPORTS TO LAW ENFORCEMT} PLEAD GUILTY - M2 ' STATE CORRECTION 01 YR- 02 YRS 06/02/1992 CC4904A1 UNSWORN FALSIFICATION TO AUTH~ COSTS PLEAD GU II_TY ~.~ M2 STATE CORRECTION O1 YR ~ ~ - ), YRS COSTS +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ~AME: WILLIAMS~ ANTON OTN: E2}'84T4- .] A~REST~D. 10/28/1992 PA0090000 BUCKS COUNTY SHERIFF DCA: 9205~0526 D/iSPOSITtO~ DA~,E: ~0~27/1995 COMMON PLEAS DOCKET: 95255 1~_/28/1992 CC2?O1A1 SIMPLE ASSAULT~] 10/28/1992 CC2702A2 AGGRAVAYED ASSAULT - F1 .1~0/28/1~B2 C~_703 ASSAULT BY F'RISONER - F2 10/28/1992 CC2705 RECP,.LE~SLY ENDAN~ERINL~ - M2 PLEAD GUILTY COUNTY PRISON 12 MOS - 24 MOS COSTS NOLLE PROSSED/WII'HDRAWN NOLLE PROSSED/WITHDRAWN PLEAD GUILTY COUNTY PRISON LDA591-02590- CHR 07129/98 10/28/1992 CC5104 RESISTING ARREST- M2 ~ 1~0/28/1992 CC550JA DISORDERLY CONDUCT - PAGE 9 OF 9 11:27:41 07/29/98 11.z~.02 BTJ50JHYLMZF .~. 12 MOS - 24 MOS COSTS PLEAD GUILTY COUNTY PRISON 12 MOS - 24 MOS COSTS Mi] PLEAD GUILTY COUNTY PRISON 12 MOS - 24 MOS COSTS CRIMINAL HISTORY RECORD - CONTINUATION I FOR *** SID/177-45-52-2 *** TO FOLLOW LDA591-02591 CHR 07129/98 11.-~.45 - 07129/98 11:2Z:02 B'fJ50JHYLMZF · 9~. PAGE 1 OF CRIMINAL HISTORY RECORD - CONTINUATION 1 FOR *** SID/177-45-52-2 *** ATTN: PARADIS,ADA,dMH ORI: PA]~9015A LEHIGH COUN:'Y DA NAME: ANDERSON,ANTHONY OTN: M656066-5 ARRESTED: 05/26/1995 PAPEP0000 PHILADELPHIA PD CC5502 CC550J CC5921 CC5925 CC5928 BURGLARY - F1 CRIMINAL TRESPASS THEFT BY UNLWF TAKING OR DISF'O RECEIVING STOLEN PROPERTY UNAUTH USE OF AUTO & VEHICLES - M2 5 OCA: C661016 DISPOSI]iON UN-, -. ~,~ REBOR~ED +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ NAME: WILLIAMS~ANTHONY OTN: E???1JO-4 ARRESTED: ~7/]8/1996 PA0~901]0 ALLENTOWN PD OCA: 50187 DISPOSITION DATE: ¢}8/27/1996 DISTRICT JUSTICE: 51101 07/08/1996 CC2701A1 SIMPLE ASSAULT OTHER DISMISSAL NAME: WILLIAMS,ANTHONY OTN: E872976-6 LDA391-02591 CHR ARRESTED: 08/28/1996 DISPOSITION DATE: 07/14/1997 COMMON PLEAS DOCKEr: 08/1~/1996 CC2?O1A1 SIMPLE ASSAULT - M2 .... ~ 08/1~/1996 CC2702A5 AGGRAVATED ASSAULT - F2 PAGE 2 OF 5 07/29/98 11:27:50 - 07/29/98 11:27:02 STJSOJHYLMZF PA0~591900 LEHIGH COUNTY DETECTIVE DCA: CD96568 2899/1996 OTHER DISMISSAL PLEAD GUILTY STATE CORRECTION 18 MOS - 04 YRS COSTS +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ NAME: WILLIAMS,ANTHONY M OTN: E470728-6 ARRESTED: 09/28/1996 PA0092700 DOYLESTOWN TWP PD DCA: 2485 DISF'OSITION DATE: 10/28/1996 COMMON PLEAS DOCKET: 96070900001504 05/15/1995 05/15/1995 CC3504A2 CRIMINAL MISCHIEF - F CC5504A5 CRIMINAL MISCHIEF - F PLEAD GUILTY COUNTY PROBATION 02 YRS COSTS RES¥ITUTION CONSECUTIVE WITH CC5502A PLEAD GUILTY COUNTY PROBATION L£}A591-02591 CHR 05/15/1995 05/15/1995 05/15/1995 07129/98 11.=~.~ - 07129/98 11:'~=.''~ CC5502A BURGLARY CC5505A 1 CRIMINAL TRESPASS - F PAGE 5 OF 5 S[J5OJHYLMZF 02 YRS COSTS RESTITUTION CONSECUTIVE WITH CC5502A PLEAD GUILTY COUNTY PRISON 11 MOS 15 DYS - 25 MOS COSTS RESTITUTION PLEAD GUILTY COUNTY PROBATION 02 YRS COSTS RESTITUTION CONSECUTIVE WITH CC5502A PLEAD GUILTY COUNTY PROBATION 02 YRS COOLS RES[ITUTION CONSECUTIVE WITH CC5502A CC5921A THEFT BY UNLWF F TAKING OR DISPO PAGE 4 -OF _DA591-02591 - CHR 0?/29/98 11:28:00 - 07/29/98 11:27:02 BTJSOJHYLMZE )5/15/1995 CC~925A RECEIVING STOLEN PROPERTY - F PLEAD GUILTY COUNTY PROBATION 02 YRS COSTS RESTITUTION CONSECUTIVE WITH CC5502A ~AME: WILLIAMS,ANTHONY OTN: M728771-1 PAPEP0000 PHILADELPHIA PD OCA: 661016 qRRESTED: 12/17/1996 CC5701 CC5921 CC5925 CCO~OJ ROBBERY DISPOSITION UNREPORTED THEFT BY UNLWF TAKING OR DISPO RECEIVING STOLEN PROPERTY CRIMINAL CONSPIRACY CUSTODY INFORMATION: RECEIVED: 09/15/1990 PA046025C STATE CORRECTIONAL INST OTN: C171754-2 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ <<<<<<<<<<< ADDITIONAL IDENTIFIERS >>>>>>>>>>> AKA'S: WILLIAMS,TONY MARTINEZ,WARREN Form DC-135A INMATE'S REQUEST TO STAFF MEMBER 1. To: (Name and Title of Officer) 3. By: (Print Inmate Name arj,d, Number) Inmate Signature 6. Work Assignment Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more promptly and intelligently. 2, Date: 4. Counselor's Name 5. Unit Manager's Name 7. Housing Assignment Subject: State your request completely but briefly. Give details. To DC-14 CAR only [] Staff Member Name Print J To DC~ DC-15 IRS [] ~ ~.j~J i- Date I~///~ Sign ' Revised July 2000 SHERIFF'S CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL RETURN - OUT OF COUNTY Amended R. Thomas Kline duly sworn according to law, says, that he and inquiry for the within named DEFENDANT OTTLER KAREN AKA KAREN OHLER but was unable to locate Her in his bailiwick. deputized the sheriff of SOMERSET County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being made a diligent search and , to wit: He therefore Pennsylvania, to On January 12th , 2004 attached return from SOMERSET Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Somerset Co 29.00 .00 54.00 oo/oo/oooo this office was in receipt of the So answers: // /~ R. ~Yhomas Klin% Sheriff of Cumberland County Sworn and subscribed to before me this day of ' ' Prothonota~ ' SHERIFF'S RETURN - OUT OF CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL COUNTY Amended R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT to wit: DOE JOHN OR JANE DOCTOR AT SCI SOMERSET but was unable to locate Him in his bailiwick, deputized the sheriff of SOMERSET County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On January 12th 2004 , attached return from SOMERSET Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 oo/oo/oooo this office was in receipt of the So answers~~ R.' Thomas Klfne Sheriff of Cumberland County Sworn and subscribed to before me this /~_e day ofk~/~ .... A.D. Prothonot amy Docket Number SHERIFF'S RETURN Sheriff of,.,~/.<.Somerset~ CountY,dayPennsylvania,of {~ c.7-owh°jo-a--~bemg' duly sworn according200 -$ at served the above named person as follows: Personal Service on person Mailing to person at above address; evidence of mailing attached Adult member of the person's household Name Relationship a deputy for CARL W. BROWN, to law, deposes ~nd says that on the //-,5-0 ~ he Adult in charge of person's residence Name Relationship ~ Agent or person at the time and place in charge of the person's office or usual place of b,usiness . Manager/Clerk at the place of lodging in which person resides - Name 'Other Name Title of corporation Posted most public part of premise situate at [~ Residence, ~/'J~usiness, [~ Employment, [-] Other, ofpet~ontobese~e~a~, ~e~%'~ ~c~r /,Oo voo~.+..e~ /~,'1/ />.od contents thereof. C'~---~ORO and making known to such person the PERSON NOT FOUND BECAUSE: [~ Whereabouts Unknown, [~ No Aaswer, - New address ~ Moved left no forwarding address, ~ Moved ~ Other Sworn and subscribed before me this ~ m day of xJ~ tv DEP SHERIFF SOMERSET COUNTY, PA Notaria/Seal Melissa A. Truscott, Notary PuNic Somerset EDro, Somerset County My Commission Expires iVlatch 3, 2007 Member, Pennsylvania Association of Notaria/s Costs Docket Number Personally appeared before me Sheriff of Somerset County, Pennsylvania, who ,being duly /'-5' ~ day of 0c,7-'0 be-lO-_ served the above named person as follows: n Personal Service on person SHERIFF'S RETURN ~.,~ h£/2 7-' /~ ~.c-,k ~ '~'- a deputy for CARL W. BROWN, sworn according to law, deposes ired says that on the 2{..)o~ at I &_ff / (~)PM he Mailing to person at above address; evidence of mailing attached Relatioaship Adult member of the person's household Name Adult in charge of person's residence Name Relation ship ~ Agent or person~at the time and place in charge of the person's office or usual place of b, usiness , Name / ,'m Pl. eo .h Relationship Manager/Clerk at the place of lodging in which person resides - Name ~ Other Name Title~_ of corporation Posted most public part of premise situate at [~Residence, F-4'~usiness, [-]Employment, [~Other, ofpersontobese ,ed,it &ome,a.k-e:-L .Sc..r /.s'vo contents thereof. ~.~BORO and making known to such person the PERSON NOT FOUND BECAUSE: [~ Whereabouts Unknown, ~ NO Answer, - New address I'] Vacant, ']Moved left no forwarding address, 8 Moved Other Sworn and subscribed before me this day of x ~ DEPUTY SHERIFF SOMERSET COUNTY, PA Notarial Seal Melissa A. Truscott, Notary Public ~Meml~er, Pennsylvania Association of Notarials Costs 1N THE COURT OF COMMON/'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, : : Plaintiff, : . V. : DR. JOSEPH KORT, et al., : : Defendants. : CIVIL ACTION LAW NO. 03-3975 DEFENDANTS WILMA SEWELL, RANDY NEISWONGER, ANTHONY CASIAS, BOYD SULLIVAN, PAUL BARTOLONE, AND MICHAEl, YURCAK'S MOTION TO PARTIALLY WITHDRAW PRELIMINARy OBJECTIONS AND NOW, comes the above-named Corrections Defendants, by and through their counsel, and move the Court for permission to withdraw their preliminary objection to Plaintiff's Complaint based on the Pennsylvania Prison Litigation Reform Act, and in support thereof aver: 1. On or about August 21, 2003, Plaintiff filed his Complaint in this Court. 2. On or about December 3, 2003, Corrections Defendants filed Preliminary Objections to Plaintiff's Complaint. 3. Included in Corrections Defendants' Preliminary Objections was an averment that Plaintiff had more than three prior actions in which he was a plaintiff that were dismissed pursuant to 4:2 Pa.C.S.A. 6602(e)(2) and o o (f) and therefore, this action was subject to dismissal pursuant to the Pennsylvania Litigation Reform Act ("PLRA"). On or about December 19, 2003, Plaintiff filed "Plaintiff's Preliminary Objections to Defendants' Preliminary Objections". In his Preliminary Objections, Plaintiff alleged, inter alia, that he was not a party to any of the cases cited in suppon: of Corrections Defendants' preliminary objection based on the PLRA. Based on Plaintiff's Preliminary Objections, Corrections Defendants' counsel directed a review be conducted of Plaintiff's records regarding prior litigation. A review of Plaintiff's records verified that Plaintiff was correct and the cases cited in support of Corrections Defendants' preliminary objection based on the PLRA were initiated by a different inmate whose names was also Anthony Williams. 2 WHEREFORE, Corrections Defendants move the Court for permission to withdraw their preliminary objection based on the PLRA. Dated: January ~$, 2004 By: Respectfully submitted, Office of General Counsel, Michae J~McGovem Assistan~ Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 717-731-0444 PA Attorney I.D. No. 52802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, V. DR. JOSEPH KORT, et al., Defendants. CIVIL ACTION LAW NO. 03-3975 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Motion to Partially Withdraw Preliminary Objections in the above- captioned case. Service by first-class mail addressed as follows: Anthony M. Williams, DT-6828 SCI-Camp Hill P.O. Box 8837 Camp Hill, PA 17001 Clerk Typist 2 Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: January 28, 2004 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, V. DR. JOSEPH KORT, et al., Defendants. CIVIL ACTION LAW NO. 03-3975 DEFENDANTS WILMA SEWELL, RANDY NEISWONGER, ANTHONY CASIAS, BOYD SULLIVAN, PAUL BARTOLONE, AND MICHAEL YURCAK'S MOTION FOR PROTECTIVE ORDER PURSUANT TO Pa.R.C.P. 4012 AND Pa.R.C.P. 1042.5 AND NOW, come the above-named Corrections; Defendants, by and through their counsel, and move the Court to issue a protective,' order pursuant to Pa.R.C.P. 4012 and 1042.5, and in support thereof aver: 1. On or about August 21, 2003, Plaintiff filed a Complaint in this Court naming, inter alia, petitioning Corrections Defendants herein as Defendants (hereinafter "Defendant Petitioners"). 2. On or about December 3, 2003, Defendant Petitioners herein filed Preliminary Objections to Plaintiff's Complaint raising, inter alia, defenses based on lis pendens and Plaintiff's failure to comply with Pa.R.C.P. 1042. 3. On or about December 7, 2003, Plaintiff served discovery requests on Defendant Petitioners herein. Copies of Plaintiff's discovery requests are attached hereto as Exhibit A. 4. On December 19, 2003, the Court issued an Order pursuant to Pa.R.C.P. 1042.3(d) granting Plaintiff's Motion for an Extension of Time to file a certificate of merit for a period of sixty (60) days. A copy of the Court's Order is attached hereto as Exhibit B. 5. Pa.R.C.P. 1042.3(a) states: Certificate of Merit (a) In any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall file with the complaint or within sixty day after the filing of the complaint, a certificate of merit signed by the attorney or party that either (1) an appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm, or (2) the claim that the defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard, or (3) expert testimony of an appropriate., licensed professional is unnecessary for prosecution of the claim. 2 o In addition, Pa.R.C.P. 1042.5 states: Discovery Except for the production of documents and things or the entry upon property for inspection and other purposes, a plaintiff who has asserted a professional liability claim may not, without leave of court, seek any discovery with respect to that claim prior to the filing of a certificate of merit. Note: Upon motion seeking leave of court, the court shall allow any discovery which is required for a licensed professional to make a determination as to whether a defendant deviated from acceptable professional standards. This rule does not preclude a defendant from seeking a protective order under Rule 4012 in response to a request for the production of documents and things or the entry upon property for inspection and other purposes. The Pennsylvania Criminal History Records Information Act (hereinafter "CHRIA"), 1979, July 16, P.L. 116, eff. January 1, 1980, is found at 18 Pa.C.S.A. §9101 et seq. The CHRIA contains the following pertinent definitions: "Criminal history record information." Information collected by criminal justice agencies concerning individuals, and arising from the initiation of a criminal proceeding, consisting of identifiable descriptions, dates and notations of arrests, indictments, informations or other formal criminal charges and any dispositions arising therefrom. The term does not include intelligence information, investigative information or treatment information, including medical and psychological information, or information and records specified in section 9104 (relating to scope). "Criminal justice agency." ...the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function. Criminal justice agencies include, but are not limited to: ... State correctional facilities,... 3 "Intelligence information." Information conceming the habits, practice, characteristics, possessions, associations or financial status of any individual compiled in an effort to anticipate, prevent, monitor, investigate or prosecute criminal activity. "Investigative information." Information assembled as a result of the performance of any inquir.v, formal or informal, into a criminal incident or an allegation of criminal wrongdoing and may include operandi information. "Treatment information." Information concerning medical, psychiatric, psychological or other rehabilitative treatment provided, suggested or prescribed for any individual charged with or convicted of a crime. 18 Pa.C.S.A. §9102. 9. Pursuant to 18 Pa.C.S.A. §9102, the Pennsylvania Department of Corrections (hereinafter "DOC") is a "criminal justice agency". 10. The CHRIA provides: Applicability This chapter shall apply to persons within this Commonwealth and to any agency of the Commonwealth or its political subdivisions which collects, maintains, disseminates or receives criminal history record information. 11. The CHRIA also provides: Information in central repository or automated systems... Dissemination of protected information...Investigative and treatment information shall not be disseminated to any department, agency or individual unless the department, agency or individual requesting the information is a criminal justice agency which requests the information in conncection with its duties, and the request is based upon a name, fingerprints, 4 modus operandi, genetic typing, voice print or other identifying characteristic. 18 Pa.S.C.A. §9106(c)(4). 12. The Plaintiff requests in numbers 2 and 3: (2) A copy of all grievances filed against Doctor Kort at SCI- Coaltownship [sic] in 2000 and 2001, that Wilma Sewell answered. All grievances filed by plaintiff and others. (3) A copy of the complaints filed in any court against Wexford medical personnel between 1999 and 2001[, by a state prisoner. 13. None of the information sought in these requests would be admissible at trial, nor are these requests designated to lead to the discovery of admissible relevant evidence and is therefore objectionable pursuant to Pa.R.C.P. 4003.1(b). 14. In addition, request number 3 subjects the DOC to unreasonable annoyance and burden in that, in order to respond to this request, the DOC would be required to review all grievances filed in the time period to ascertain if Dr. Kort was mentioned and that Wilma Sewell answered. 15. Plaintiff requests in numbers 20 and 21: (20) The DOC #s of the Anthony Williams in Anthony Williams v. John R. Stepanik 95-0798; Anthony Williams v. Donald T. Vaughn 95-4426; and Anthony Williams v. Donald T. Vaughn 96-6951 that counsel has listed in his preliminary objections, as all of the above are state cases and counsel's office was the counsel defending each. (21) A copy of the records that provided counsel with the proof that plaintiff was ever at Delaware county prison and that I am the Anthony Williams cited in counsel preliminary objection -- the following cases: Anthony Williams v. Delaware County 94- 2585 and Anthony Williams v. Delaware county prison and Delaware cou -- 94-3376.* 16. Defendants have filed a motion seeking permission to withdraw their preliminary objections based on the Prison Litigation Reform Act and therefore, these requests are not relevant. 17. Plaintiff requests in number 15: (15) A copy of 6.5.1 operations manual pertaining to SMU criteria for placement. 18. Defendant Petitioners object to this request based on security considerations and the provisions of 18 Pa.C,.S.A. §9106(c)(4) protecting treatment info,mation. 19. Plaintiff requests in numbers 18 and 19: (18) A list of names of all SCI-Albion staff who evaluated and voted to place plaintiff in the special management unit program. (19) A list of names of all central office staff who viewed the package for plaintiff to be placed in the special management unit program and who voted yes for said placement. * The right margin of paragraph 21 of Plaintiff's Complaint is illegible on the copy provided to counsel. Therefore, (--) indicates the illegible portion of this paragraph. 20. Defendant Petitioners object to these requests based on the provisions found in 18 Pa.C.S.A. §9106(c)(4) protecting both investigative and treatment information. 21. Plaintiff requests in number 4: (4) A copy of Plaintiff's medical file which shall include, but shall not be limited to: physician notes, nurses notes, treatment notes, mental health care notes from 6/20/00 to present. 22. To the extent Plaintiff requests notes relating to his mental health care, Defendant Petitioners object based on security considerations and 18 Pa.C.S.A. §9106(c)(4). 23. Plaintiff requests in numbers 13 and 16: (13) Copy of all extraordinary occurrence reports, medical incident/injury reports, misconduct reports, employee report of incident report victim/witness statement form and all statements taken from inmates file D for the incident between the plaintiff and C.O.'s Yurcak and Sullivan on 12/16/03. (16) A copy of all reports; extraordinary, raedical incident/injury reports, misconduct reports, employee report of incident reports, victim/witness statement form, state police reports filed by staff and a copy of all statements taken from inmates of the 9/2/02 incident between plaintiff and C.O.'s Bartolone and Casias. 24. Defendant Petitioners object to these requests based on 18 Pa.C.S.A. §9106(c)(4) protecting intelligence information, investigative information, and treatment information. 7 25. To the extent it may be applicable, the DOC also objects to these requests based on the protections afforded by the "informer's privilege". See Roviaro v. United States, 353 U.S. 53, 59, 775 $.Ct. 623,627, 1 L.Ed. 2d 639 (1957) and its progeny. Respectfully submitted, Office of General Counsel, Dated: January 30, 2004 By: Department of Corrections 55 Utley Drive Camp Hill, PA 17011 717-731-0444 PA Attorney I.D. No. 52802 Df~O ~r43. tCex- s~T_-c~;~l~;,o~,'/, ,e,~/~ le¥~es)o~,t~ mt ~;,*~ ~.o.c. ANTHONY MUSTAFA WILLIAMS, PLAINTIFF : IN THE COURI' OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN WEXFORD HEALTH SOURCES, INC., : KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASlAS, C.O. SULLIVAN, C.O. BARTOLONE, C.o..yURCAK, HEALTHCARE ADMINISTRATOR WlLMA SEWELL, JOHN AND JANE DOES OF CENTRAL: OFFICE, JOHN OR JANE DOE DR OF : SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, DEFENDANTS : 03-3975 CIVIL TERM AND NOW, this/'~ ORDER OF COURT day of December, 2'00:3, pursuant to Pa. Rule of Civil Procedure 1042.3(d) the motion for extension of time for filing a certificate of merit is granted for a period of sixty (60)days. BY Edgar B. Bayl~~ Anthony M. Williams, DT 6828, Pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Michael J. McGovern, Esquire For Dandis Dascani, Wilma Sewell, Randy Nieswonger, Officer Casias, Officer Sullivan, Paul Bartolone and Officer Yurcak :sal TRUE COPY FROM RECORt) Te3tim~ly whereof, I here unto s~t my hand IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, V. DR. JOSEPH KORT, et al., Defendants. CIVIL ACTION LAW : NO. 03-3975 : CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Motion for Protective Order in the above-captioned case. Service by first-class mail addressed as follows: Anthony M. Williams, DT-6828 SCI-Camp Hill P.O. Box 8837 Camp Hill, PA 17001 Corinne N. Driver Clerk Typist 2 Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: January 30, 2004 .^ ~S IN THE COURT OF cOMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS,: : CIVIL ACTION Plaintiff, : : LAW V. · DR. JOSEPH KORT, et al., : NO. 03-3975 : Defendants. DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO EXTEND TIME FOR FILING CERTIFICATE OF MERIT Defendants do not oppose Plaintiff' s motion for a sixty-day extension to file a Certificate of Merit in this matter. Respectfully submitted, Office of General Counsel, Dated: February 17, 2004 By: Assistant counse~ Department of Corrections 55 Utley Drive Camp Hill, PA 17011 717-731-0444 PA Attorney I.D. No. 52802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, V. DR. JOSEPH KORT, et al., Defendants. CIVIL ACTION LAW NO. O3-3975 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Response to Plaintiff's Motion to Extend in the above-captioned case. Service by first-class mail addressed as follows: Anthony M. Williams, DT-6828 SCI-Camp Hill P.O. Box 8837 Camp Hill, PA 17001 ~0rinne Ni Driver Clerk Typist 2 Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: February 17, 2004 vs o ~- Service ~5 C 09, o/¢, l /$ 'j' // , ANTHONY MUSTAFA WILLIAMS, PLAINTIFF V, DR. JOSEPH KORT, DAVID MARTIN WEXFORD HEALTH SOURCES, INC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASlAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WlLMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN OR JANE DOE DR OF SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-3975 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2004, on the motion of defendants for a protective order, IT IS ORDERED: (1) Defendants need not answer plaintiff's requests Numbers 2 and 3 (Paragraph 12 of the motion for a protective order). (2) Defendants need not answer plaintiff's requests Numbers 20 and 21 (Paragraph 15 of the motion for a protective order). (3) Defendants need not answer plaintiff's request Number 15 (Paragraph 17 of the motion for a protective order). (4) Defendants need not answer plaintiff's requests Numbers 18 and 19 (Paragraph 19 of the motion for a protective order). (5) Paragraph 21 of defendants' motion for a protective order as to plaintiff's request Number 4, IS DENIED. Defendants shall provide plaintiff the discovery requested in Number 4. (6) Defendants need not answer plaintiff's requests Numbers 13 and 16 (Paragraph 23 of the motion for a protective order). (7) Plaintiff's motion to compel discovery, IS GRANTED. All discovery sought by plaintiff, other than that subject to the within protective order, shall be completed not later than 90 days from this date. Edgar B. Bayley, J. ~"~nthony M. Williams, DT 6828, Pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 v4~ichael J. McGovern, Esquire For Dandis Dascani, Wilma Sewell, Randy Nieswonger, Officer Casias, Officer Sullivan, Paul Bartolone and Officer Yurcak :sal l<.oo.f e.~- rH MAR 1 5 2004 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, V. DR. JOSEPH KORT, et al., Defendants. CIVIL ACTION LAW NO. 03-3975 DEFENDANTS' MOTION FOR RECONSIDERATION OF THE COURT' S ORDER OF MARCH 4, 2004 PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND o MOTION FOR IN CAMERA EXAMINATION The Honorable Edgar B. Bayley ruled on Defendants' Motion for Protective Order. On or about December 7, 2003, Plaintiff served discovery requests on Defendants. On February 2, 2004, Defendants filed a Motion for Protective Order as to several of Plaintiff's discovery requests. On March 4, 2004, the Court issued an Order partially granting and partially denying Defendants' Motion for a Protective Order from Plaintiff's discovery requests. In the Motion for Protective Order, Defendants requested, inter alia, an order denying Plaintiff's request for his mental health records. (Plaintiff's request, no. 4). As part of its Order, the Court directed Defendants to respond to Plaintiff's request number 4 and provide Plaintiff with a complete copy of his medical files. Defendants have provided Plaintiff with a complete copy of his medical records with the exception of his mental health records. Defendants objected to Plaintiff's request for his mental health records based on the Pennsylvania Criminal History Records Information Act (hereinafter "CHRIA"), 18 Pa.C.S.A. §9101 et seq., and Defendants' security concerns. Defendants move the COurt to reconsider its decision as to Plaintiff's mental health records for the security reasons set forth in their brief, filed contemporaneously with this motion. 10. Defendants further move the Court for an in camera inspection of Plaintiff's mental health records. Respectfully submitted, Office of General Counsel, Dated: March 12, 2004 By: Michael J. McGovem Assistant'l~ounsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 717-731-0444 PA Attorney I.D. No. 52802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, : : Plaintiff, : CIVIL ACTION : v. : LAW : DR. JOSEPH KORT, et al., : NO. 03-3975 : Defendants. : CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Defendants' Motion for Reconsideration in the above-captioned case. Service by first-class mail addressed as follows: Anthony M. Williams, DT-6828 SCI-Camp Hill P.O. Box 8837 Camp Hill, PA 17001 'nne N. Driver Clerk Typist 2 Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: March 12, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, : : Plaintiff, : V. : CIVIL ACTION LAW DR. JOSEPH KORT, et al., Defendants. NO. 03-3975 ORDER AND NOW, this I~day of ~ ~ ,2004, upon consideration of Defendants' Motion for Reconsideration of this Court's Order of March 4, 2004 Partially Granting and Partially Denying Defendants' Motion for a Protective Order, the motion for reconsideration is GRANTED and the Order of March 4, 2004 is amended as follows: Paragraph 21 of Defendants' Motion for a Protective Order as to Plaintiff's request number 4 is granted. Defendants shall provide Plaintiff with copies of all medical documents with the exception of mental health records. /, .o. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, : : Plaintiff, : CIVIL ACTION : v. : LAW : DR. JOSEPH KORT, et al., : NO. 03-3975 : Defendants. : DEFENDANTS' MOTION TO SUBMIT PRELIMINARY OBJECTIONS ON BRIEFS AND NOW, comes Defendants, by and through their counsel, and move the Court, pursuant to C.C.R.P. 210-! 0, to submit preliminary objections in this matter on briefs, and without oral argument, and in support thereof aver: 1. Plaintiff is an inmate in the custody of the Pennsylvania Department of Corrections currently incarcerated at the State Correctional Institution at Camp Hill (hereinafter "SCI-Camp Hill"). 2. Plaintiff has filed a civil complaint naming, inter alia, several Commonwealth employees as Defendants. 3. Commonwealth Defendants have filed Preliminary Objections to Plaintiff's complaint. 4. All issues and rebuttals in Defendants' Preliminary Objections can be fully addressed without oral argument. o Oral argument would involve the transportation of Plaintiff and several corrections officers to act as security and would result in unnecessary expense to Defendants and inconvenience to the Court. WHEREFORE, Defendants move the Court to issue Defendants' Preliminary Objections will be decided on briefs. an order that Dated: March 25, 2004 By: Respectfully submitted, Office of General Counsel, Michael .~cGovern Assistant Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 717-731-0444 PA Attorney I.D. No. 52802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA V~ILLIAMS, Plaintiff, V. DR. JOSEPH KORT, et al., Defendants. : CIVIL ACTION : : LAW NO. 03-3975 .CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Defendants' Motion to Submit Preliminary Objections of Briefs in the above-captioned case. Service by first-class mail addressed as follows: Anthony M. Williams, DT-6828 SCI-Camp Hill P.O. Box 8837 Camp Hill, PA 17001 Clerk Typist 2 Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: March 25, 2004 PCDOCS%: 490034.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, VS. DR. JOSEPH KORT, DAVID MARTIN, WEXFORD HEALTH SOURCES, INC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, Defendants. CIVIL DrvISION No. 03-3'975 PRELIMINARY OBJECTIONS OF DEFENDANT WEXFORD HEALTH SOURCES, INC. AND NOW comes defendant Wexford Health Sources, Inc. ("WHS'), by its undersigned counsel, and files these Preliminary Objections in the nature of a demurrer to the Complaint, and support thereof, avers as follows: 1. Plaintiff, who is proceeding pro se, commenced this action on or about March 11, 2004, by filing a pleading styled as a "Civil Tort Action of Law" (the "Complaint"). PCDOCS#: 490034.1 2. The Complaint filed by plaintiff, who is presently incarcerated at the State Correctional Institution at Camp Hill, alleges various causes of action against a number of defendants which purport to arise out of his incarceration at three separate state correctional facilities. 3. Plaintiff's claims against WHS, which is identified as the health care provider at the State Correctional Institution.s at Coal Township, Albion and Somerset, include claims for negligence and "willful misconduct." See Complaint, pp. 5-6, 9-10 and 14-15. 4. Plaintiff's Complaint against WHS must be dismissed pursuant to Pa.R.C.P. 1028 because it fails to set forth any legally sufficient claim against WHS. 5. As the health care provider for correctional facilities operated by the Commonwealth of Pennsylvania, WHS is immune from liability for any torts other than the nine enumerated exceptions set forth in the Pennsylvania Sovereign Immunity Act. 42 Pa. C.S.A. § 8521, et seq. (the "Act"). 6. Plaintiff's negligence claim against WHS on pages 9 and 10 of the Complaint alleges that WHS "breached its duty" by providing medical personnel who failed to perform their duty. This claim does not fall within any of the enumerated exceptions and thus is barred by the doctrine of sovereign immunity. PCDOCS#: 490034.1 In the alternative, plaintiff's prayer for punitive damages must be are prohibited under the Sovereign dismissed because punitive damages Immunity Act. See 42 Pa.C.S.A. § 8521. 8. Further, there is no recognized cause of action in Pennsylvania for ~willful misconduct." 9. Accordingly, plaintiff's claims against WHS are legally insufficient and must be dismissed. WHEREFORE, defendant Wexford Health Sources, Inc. requests that this Court sustain its Preliminary Objections and dismiss the Complaint. MEYER, UNKOVIC & SCOTT LLP By: __ ~,. Dodge ' Julian E. Neiser 1300 Oliver Building Pittsburgh, PA 15222 (412) 456-2800 ATTORNEYS FOR DEFENDANT WEXFORD HEALTH SOURCES, INC. -2- PCDOCS~: 490034.1 IN THE COURT OF COMMON ]PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, VS. DR. JOSEPH KORT, DAVID MARTIN, WEXFORD HEALTH SOURCES, INC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, Defendants. 03-3;975 CIVIL TERM ORDER OF COURT AND NOW, this __ day of , it is hereby ORDERED that the Preliminary Objections of defendant Wexford Health Sources, Inc. are SUSTAINED. The Complaint filed in this matter' hereby is dismissed as to Wexford Health Sources, Inc. J PCDOCS#: 490034.1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within PRELIMINARY OBJECTIONS were se~wed by First-Class United States Mail, postage prepaid, this 9th day of April 2004, at the following addresses: Anthony A. Williams, DT 6828, Pro Se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Dr. Joseph Kort SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 David Martin SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 Wilma Sewell SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 Karen Ottler SCI Somerset 1590 Walters Mill Road Somerset, PA 15510-0001 PCDOCS#: 490034.1 Major Randy Neiswonger SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Casis SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Sullivan SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Paul Bartolone SCI-Albion 0745 Rt. 18 Albion, PA 1645740002 C.O. Yurcak SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 Julian E. Neiser IN THE COMMONWEALTH COURT OF= PENNSYLVANIA ANTHONY M. WILLIAMS, Appellant V. DR. JOSEPH KORT et al. No. 855 C.D. 2004 PER CURIAM ORDER NOW, April 28, 2004, upon consideration of the notice of appeal in this matter, and it appearing that appellant is appealing a nonfinal, interlocutory order, the appeal in this matter is dismissed as an appeal from a nonfinal, interlocutory order. c.)"¥-- 3c?'7 ~- SHERIFF'S RETURN CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL - OUT OF COUNTY Ro Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT KORT JOSEPH DR but was unable to locate Him deputized the sheriff of ERIE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On May 10th 2004 , attached return from ERIE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 00/00/0000 this office was in receipt of the So answers~-- - ~ ~/ R. Thomas KLi'~e Sheriff of Cumberland County Sworn and subscribed to before me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT WEXFORD HEALTH SOURCES INC but was unable to locate Them in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: He therefore Pennsylvania, to On May 10th , 2004 attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 .00 .00 25.00 00/00/0000 this office was in receipt of the Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~day of SHERIFF'S RETURN - CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL OUT OF COUNTY Thomas Kline Ro duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: KORT JOSEPH DR but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On May 10th , 2004 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 oo/0o/oooo this office was in receipt of the R~. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /I ~ day of SHERIFF'S RETURN - CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to and inquiry for the within named DEFENDANT MARTIN DAVID but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE law, says, that he made a diligent to wit: Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On May 10th , 2004 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the R/ Thomas Kline// Sheriff of Cumberland County Sworn and subscribed to before me this // ~ day of C~;~ ~ A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLanD WILLIAMS ANTHONY MUSTAFA VS KORT JOSEPH DR ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , RENTSCHLER DR but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On May 10th , 2004 , attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the So answe~ Sheriff of Cumberland County Sworn and subscribed to before me this /J ~day of '~,~j Prothonota~l~ SHERIFF'S RETURN - CASE NO: 2003-03975 M COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ERIE ANTHONY MUSTAFA WILLIAMS VS DR. JOSEPH KORT ET AL REGULAR ROGER GUNESCH County, Pennsylvania, says, the within COMPLAINT BAKER MARK M.D. DEFENDANT , at 1450:00 Hour, at SCI ALBION ALBION, PA 16475 WILLIAM BARR SUPERINTENDENT ASST a true and attested copy of COMPLAINT , Deputy Sheriff of ERIE who being duly sworn according to law, was served upon on the 2nd day of April 10745 RTE 18 by handing to the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: · oo ,.,¢o .oo .00 .00 .00 D~uty .oo oo/oo/oooo Erie Sworn and Subscribed to before this ~2 day of ~ me Notary HOTARIAI. ~ m D. TURNER, ~ P~'~c ~rt The Court ~f Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al .~.~. SE~5;E: }~exford Health Sources Inc~- ~' % NOgv, March 2, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do No. 03-3975 civil hereby deputize the Sheriffof Allegheny County to execute this Writ, this deputation being made at the request m~d risk of the Plaintiff. Sheriff of Cumberland County, PA within upon Affidavit of Service ,20 , at ~q3/) o'clock__ ~' M. served the at by handing to a mad made known to ~CC. copy of the ori~nal the contents thereof. So al-lswers~ County, PA~ ~>wom and subscribed before me this __. day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT ~n The Cour~ ~f Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al SERVE.: Dr. J. Qseph Kort /~ ~..~ Now, March 12, 2004 No. 03-3975 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Sera,ice Now, within upon at ,20 , at o'clock __ M. served the by handing to a and made Imo~m to copy of the original the contents thereof. ,~wom and subscribed before me this __ day of ,20 So answers, Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT Cou~lty, PA ~ T[~e CoUrt of Common Pleas of Cumberland C~unty, Pennsylvania Anthony Mustafa Williams VS. Dr. Joseph Kort et al SE.R~.: David Mart~n M~ch 12, 2004 No. 03-3975 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny 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 ]NTOW~ within ,20 , at o'clock __ M. served the upon at by handing to a and made ka~own to copy of the original the contents thereof. ~> w~orn and subscribed before me this da3' of APR a 002lll]~ [ Sh* la R O'Bflen, Nota~ Public I City of P tsb~r[h, Alle~y CoUnty [ } My CommisstonExpires Ju~e 19, Member, Pen nsylv~nia ~iatton of No.nos SO answers, COSTS SERVICE MILEAGE AFFIDAVIT County, PA TEe Court (}f Common Pleas of Cumberland County, Pennsylvania Anthony Mustafa Williams Dr. Joseph Kort et al SERVE: Dr. Rentschler ~~ ]~ow, March 12, 2004 No. 03-3975 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Curaberland County, PA Affidavit of Selwice Now, within ,20 , at o'clock __ M. served the upon at by handing to md made known to · copy of the original the contents thereo£ So answers, Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT 507444 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ANTHONY MUSTAFA WILLIAMS, (Plaintiff) VS. DR. JOSEPH KORT, DAVID MARTIN, WEXFORD HEALTH SOURCES, INC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, (Defendant) No. 03-3975 Civil ___ 4=0 2003 State matter to be argued (i.e., plaintiff's motion for new trial, defi:ndant's demurrer to complaint, etc.): Defendant Wexford Health Sources, Inc's "relimina-, ob:--" · . · t~ Jy ,JCCtlons to plalntlli Antlaon Mustafa Wflhams's Complaint. Y 2. Identify counsel who will argue case: (a) for plaintiff: Anthony Mustafa Williams, prose Address: DT 6828 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 (b) for defendant: Gary A. Kern Address: Meyer, Unkovic & Scott LLP 1300 Oliver Building Pittsburgh, PA 15222 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: om.e~ Defendant Wtex[ford Health Sources, Inc. ANTHONY MUSTAFA WILLIAMS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DR. JOSEPH KORT, DAVID MARTIN WEXFORD HEALTH SOURCES, INC., : KAREN OTTLER, DR. BAKER, MAJOR: NEISWONGER, C.O. CASlAS, : C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WlLMA SEWELL, JOHN AND JANE DOES OF CENTRAL: OFFICE, JOHN OR JANE DOE DR OF : SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, : DEFENDANTS : 03-3975 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of August, 2004, the motion of plaintiff for a discontinuance as to all defendants, IS GRANTED, The case as to all defendants, IS DISCONTINUED. nthony M, Williams, DT 6828, Pro se SCI Dallas 1000 Follies Road Dallas, PA 18612 By.the Cou.,///' / Edgar B. Bay]e~, J. --{ ,.,,Michael J. McGovern, Esquire For Dandis Dascani, Wilma Sewell, Randy Nieswonger, Officer Casias, Officer Sullivan, Paul Bartolone and Officer Yurcak :sal 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff; VS. CIVIL DIVISION No. 03-3975 DR. JOSEPH KORT, DAVID MARTIN, WEXFORD HEALTH SOURCES, 1NC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI- SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, Defendants. PRAECIPE TO REMOVE ARGUMENT ON THE PRELIMINARY OBJECTIONS OF DEFENDANT WEXFORD HEALTH SOURCES, INC. FROM THE SEPTEMBER 22, 2004 ARGUMENT LIST To the Prothonotary of the County of Cumberland, Pennsylvania: Please remove Argument on the Preliminary Objections of Defendant Wexford Health Sources, Inc. (filed April 12, 2004) from the September 22, 2004 argument list. Argument was scheduled via Praecipe on July 26, 2004. (See Ex. "A," attached.) Since that time, Plaintiff Williams has moved to voluntarily discontinue this action and a representative of the Prothonotary of the County of Cumberland, Pennsylvania has informed counsel that the Court has issued an order dismissing the case. Thus, Defendant Wexford Health Sources, Inc.'s Preliminary Objections are moot. Please provide notice to counsel of the removal of the argument. MEYER, UNKOVIC & SCOTT LLP Gary A. Kern 1300 Oliver Building Pittsburgh, PA 15222 (412) 45(~2800 ATTORNEYS FOR DEFENDANT WEXFORD HEALTH SOURCES, INC. 5074~4 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter tbr the next Argument Court. ANTHONY MUSTP&A WILLIAMS, (Plaintiff) VS. DR. JOSEPH KORT, DAVID MARTIN, WEXFORD HEALTH SOURCES, INC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YT,rRCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, (Defendant) No. 03-3975 Civil 40 2003 State matter to be ar~ed (i.e., plaintifffs motion for new trial, defendant's demu~er to complaint, etc.): Defendant Wexford Health Sources, lnc.'s preliminary objections to plaintiffAnthony 2::' (~ '77 Mustafa Williams's Complaint. 2~ co Identify counsel who will argue case: (a) for plaintiff} AnthonyMustafa Williams, prose Address: DT 6828 SCI Camp Hill P~O. Box 200 Camp Hill, PA 17001-0200 (b) for defendant: Gary A. Kern Address: Meyer, Unkovic & Scott LLP 1300 Oliver Building Pittsburgh, PA 15222 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: Ot~tC~ OF PROT~[~A~t~ Cu,uberla~d C~3n t¥ Carl i~te, PA 17013 _~HIS IS ~O ~IFY YOU THAT CASE ND. you mu$~ ~e-ff£1~ ~ur bri~[ as ~ focal CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe to List Argument on Preliminary Objections of Defendant Wexford Health Sources, Inc. were served by First-Class United States Mail, postage prepaid, this 10th day of September 2004, at the following addresses: Anthony A. Williams, DT 6828, pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 -0200 Dr. Joseph Kort SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 David Martin SCI Coal Township I Kelley Drive Coal Township, PA 17866-1021 Wilma Sewell SC1 Coal Township I Kelley Drive Coal Township, PA 17866-1021 Karen Ottler SCI Somerset 1590 Walters Mill Road Somerset, PA 15510-0001 Major Randy Neiswonger SCl-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Casis SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Sullivan SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Paul Bartolone SCI-Albion O745 Rt. 18 Albion, PA 16457-0002 C.O. Yurcak SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff; VS. CIVIL DIV1SION No. 03-3975 DR. JOSEPH KORT, DAVID MART1N, WEXFORD HEALTH SOURCES, 1NC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI- SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, Defendants. PRAECIPE TO REMOVE ARGUMENT ON THE PRELIMINARY OBJECTIONS OF DEFENDANT WEXFORD HEALTH SOURCES, INC. FROM THE SEPTEMBER 22, 2004 ARGUMENT LIST To the Prothonotary of the County of Cumberland, Pennsylvania: Please remove Argument on the Preliminary Objections of Defendant Wexford Health Sources, Inc. (filed April 12, 2004) from the September 22, 2004 argument list. Argument was scheduled via Praecipe on July 26, 2004. (See Ex. "A," attached.) Since that time, Plaintiff Williams has moved to voluntarily discontinue this action and a representative of the Prothonotary of the County of Cumberland, Pennsylvania has informed counsel that the Court has issued an order dismissing the case. Thus, Defendant Wexford Health Sources, Inc.'s Preliminary Objections are moot. Please provide notice to counsel of the removal of the argument. MEYER, UNKOV1C & SCOTT LLP By: Pa~ Dodg~~ -' Gary A. Kern 1300 Oliver Building Pittsburgh, PA 15222 (412) 456-2800 ATTORNEYS FOR DEFENDANT WEXFORD HEALTH SOURCES, INC. 507444 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ANTHONY MUSTAFA WILLIAMS, (Plaintiff) VS. DR. JOSEPH KORT, DAVID MARTIN, WEXFORD HEALTH SOURCES, INC., KAILEN OTI'LER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLIVAN, C.O. BARTOLONE, C.O. Y1JRCAK, HEALTHCARE ADMFNiSTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI-SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, (Defendant) No. 03-3975 Civil 4~O 2003 State matter to be ar~ed (i.e., plaintifffs motion for new trial, defendant's demu~er to complaint, etc.): Defendant Wexford Health Sources, ~c.'s prelimina~ objections to plaintiff ~thony Mustafa Williams's Complaint. Identify counsel who will argue case: (a) for plaintiff: Anthony Mustafa Williams, pro se Address: DT 6828 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 (b) for defendant: Gary A. Kern Address: Meyer, Unkovic & Scott LLP 1300 Oliver Building Pittsburgh, PA 15222 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: OFFICE OF I:'I~021t~OTARY Cc~r-~le, PA 17013 _.THIS ES; TO I',E)TI~Y yOU TH~.T Cumberland County Ar~snent Cou~t Rules 210-1 throucjh 210-14 shmll be strictly enforced. If the issue was listed for prior arGUment you must re-file your brieE as per Local Rule 210-11. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe to List Argument on Preliminary Objections of Defendant Wexford Health Sources, Inc. were served by First-Class United States Mail, postage prepaid, this 10th day of September 2004, at the following addresses: Anthony A. Williams, DT 6828, pro se SC1 Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Dr. Joseph Kort SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 David Martin SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 Wilma Sewell SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 Karen Ottler SCI Somerset 1590 Walters Mill Road Somerset, PA 15510-0001 Major Randy Neiswonger SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Casis SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Sullivan SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Paul Bartolone SCI-Albion 0745 Rt. 18 Albion, PA 16457-0002 C.O. Yurcak SCI-Albion O745 Rt. 18 Albion, PA 16457-0002 G~y A. Kern IN THE COURT OF CO~ON PLgAS OF CUMBg~L,eaqD COUNTY, PENNSYLVANIA ANTHONY MUSTAFA WILLIAMS, Plaintiff, DR. JOSEPH KORT, DAVID MARTIN, WEXFORD HEALTH SOURCES, INC., KAREN OTTLER, DR. BAKER, MAJOR NEISWONGER, C.O. CASIAS, C.O. SULLVAN, C.O. BARTOLONE, C.O. YURCAK, HEALTHCARE ADMINISTRATOR WILMA SEWELL, JOHN AND JANE DOES OF CENTRAL OFFICE, JOHN AND JANE DOE DR OF SCI- SOMERSET, JOHN AND/OR JANE DOES OF SCI-ALBION, Defendants. CIVIL DIVISION No. 03-3975 NOTIFICATION OF CHANGE OF ADDRESS TO: The Prothonotary of Cumberland County: Please be advised that the contact information of counsel of record for defendant Wexford Health Sources, Inc. has been changed as follows: Metz Lewis LLC 11 Stanwix Street, 18th Floor Pittsburgh, PA 15222 (412} 918-1143 Patiq_cia L. Doage/ Pa. I.D. #35393[,_ 11 Stanwix Street 18th Floor Pittsburgh, PA 15222 (412) 918-1143 ATTORNEYS FOR DEFENDANT WEXFORD HEALTH SOURCES, INC. CERTIFICATE OF SERVICF, The undersigned hereby certifies that a true and correct copy of the within Notification of Change of Address was served upon the following by United States first class mail this 25th day of October, 2004, at the following addresses: Anthony A. Williams, DT 6828, pro se SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Dr. Joseph Kort SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021[ David Martin SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-102]L Wilma Sewell SCI Coal Township 1 Kelley Drive Coal Township, PA 17866-1021. Karen Ottler SCI Somerset 1590 Walters Mill Road Somerset, PA 15510-0001 M~orRandyNeiswonger SCI-Albion 0745Rt. 18 Albion, PA 16457-0002 C.C. Casis SCI-Albion 0745Rt. 18 Albion, PA 16457-0002 C.O. Sullivan SCI-Albion 0745Rt. 18 Albion, PA 16457-0002 C.O. PaulBartolone SCI-Albion 0745Rt. 18 Albion, PA 16457-0002 C.O. Yurcak SCI-Albion 0745Rt. 18 Albion, PA 16457-0002 Patricia L. Dodge -3-