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HomeMy WebLinkAbout04-1084SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS and SCOTT McCARDLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Clvi C E2 NO. ON -1450y CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PENNSYLVANIA DEPARTMENT OF CORRECTIONS and SCOTT McCARDLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Cbkl , (2i CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, JAMES PRINCE, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. Plaintiff is JAMES PRINCE, an adult individual residing at 1739 Herr Street, Apt. 2, 2"d Floor, Harrisburg, Dauphin County, Pennsylvania 17103. 2. Defendant PENNSYLVANIA DEPARTMENT OF CORRECTIONS ("DEPARTMENT OF CORRECTIONS") is an agency of the Commonwealth of Pennsylvania with its principal offices located at 2520 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3 Defendant SCOTT McCARDLE, is an adult individual whose last known mailing address is P.O. Box 101, Burnham, Mifflin County, Pennsylvania 17009. 4. The facts and circumstances hereinafter set forth took place on May 17, 2002, at or about 11:45 A.M., in the main store room of the State Correctional Institution at Camp Hill (`Prison"), Cumberland County, Pennsylvania. 5. On the aforesaid date, the Plaintiff, JAMES PRINCE, and the Defendant, SCOTT McCARDLE, were both inmates at the State Correctional Institution at Camp Hill, Pennsylvania. 6. On the aforesaid date, the Plaintiff, JAMES PRINCE, and the Defendant, SCOTT McCARDLE, were rotating the stock in the main store room at the Prison. 7. On the aforesaid date, the Defendant, SCOTT McCARDLE, was operating a forklift in the stock room at the Prison when he put the vehicle in reverse, failed to notice the Plaintiff, JAMES PRINCE, behind him, and struck the Plaintiff, JAMES PRINCE, causing serious injuries. 8. Upon the Defendant, SCOTT McCARDLE, putting the vehicle in reverse, the warning signal that alerts that the vehicle is in reverse failed to activate for several seconds, thereby not providing the Plaintiff, JAMES PRINCE, sufficient time to avoid being struck by the vehicle. 9. As a result of the aforesaid occurrence, Plaintiff, JAMES PRINCE, has suffered serious and permanent injuries, including but not limited to the following: a. fractures of the first and second toes of the left foot; b. crush injury to left foot; C. multiple extensive lacerations of left foot; d. gait dysfunction of left foot; e. nerve damage to left foot; f. chronic low back pain; g. severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; h. severe shock to nerves and nervous system; i. mental and physical anguish; various contusions and abrasions. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, JAMES PRINCE, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, JAMES PRINCE, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, JAMES PRINCE, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, JAMES PRINCE, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, JAMES PRINCE, has been and may continue to be subjected to further medical procedures and treatments, and all accompanying risks, hazards, pain, suffering, discomfort and economic losses associated therewith, and may be compelled to expend money for medicine and medical attention, for which damages are claimed. COUNTI JAMES PRINCE v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS 15. Paragraphs 1 through 14 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 16. At all times mentioned, the Defendant DEPARTMENT OF CORRECTIONS, by virtue of its ownership and/or control of the forklift, had a duty to the Plaintiff, JAMES PRINCE, not to create or permit a dangerous condition, to take adequate safety measures, to warn of dangers and to properly train the forklift operators in the use, operation and control of the vehicle. 17. Liability against the Defendant, DEPARTMENT OF CORRECTIONS, is imposed by virtue of 42 Pa.C.S. §§ 8521-8528 et seq. 18. The foregoing incident and the damages and injuries set forth hereinafter are the direct and proximate result of the negligence, carelessness and recklessness of the Defendant, DEPARTMENT OF CORRECTIONS, as follows: a. failing to train the inmate operators of the forklift in the proper operation, use and control of the vehicle; b. failing to take adequate safety measures to ensure the safety of the inmates; C. permitting a dangerous condition to exist of, on or about the Defendant DEPARTMENT OF CORRECTIONS' premises where the Defendant DEPARTMENT OF CORRECTIONS knew or should have know that the potential for injury to others existed; d. failing to warn of any potential dangers; e. failing to properly monitor and supervise the inmates working in and around the main store room; f. failing to inspect, maintain and ensure that the warning devices installed on the vehicle were adequate and working properly; 19. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, DEPARTMENT OF CORRECTIONS, as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, JAMES PRINCE. WHEREFORE, Plaintiff demands judgment against Defendant DEPARTMENT OF CORRECTIONS in an amount in excess of $50,000.00, plus interest and costs. COUNT II JAMES PRINCE v. SCOTT McCARDLE 20. Paragraphs 1 through 19 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21. The foregoing incident and the damages and injuries set forth hereinafter are the direct and proximate result of the negligence, carelessness and recklessness of the Defendant, SCOTT McCARDLE, as follows: a. In failing to have the vehicle under proper and adequate control; b. In failing to observe the Plaintiff in the area prior to moving the vehicle; C. In failing to keep a proper look-out for others who may be in the vicinity of the vehicle; d. In operating the vehicle without the proper instruction, training and knowledge of it use, operation and functions. WHEREFORE, Plaintiff demands judgment against Defendant SCOTT McCARDLE in an amount in excess of $50,000.00, plus interest and costs. Dated: February X, 2004 Respectfully submitted, SHOLLENBERGER & JANUZZI. LLP By: lZ 4 ar . Januzzi, Esquire Att ney I.D. No. 65575 1820 Linglestown Road Harrisburg, PA 17110 717-234-3700 VERIFICATION I, JJ Wt ) ?rinCC hereby acknowledge that I am a Plaintiff in this action and that I have read the CQ1Yl??Ctr G and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. ? LL? Date: -A1a4104 Sxo110YOZIM a 7ASOS77. W 3070 LIl10LSS7011N LOAD • /.0. 005 0054S 0 NAUTSM0. ?A 17100-0545 (7171 770-7100 0 /AS ;7111 770 •I.l. CP-) Office of Attorney General Torts Litigation Section 15`n Floor, Strawberry Square Harrisburg, PA 17120 Daniel R. Goodemote Senior Deputy Attorney General Direct Dial 717-783-3147 JAMES PRINCE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 04-1084 PENNSYLVANIA DEPARTMENT OF : CORRECTIONS and SCOTT : CIVIL ACTION - LAW McCARDLE, Defendants :JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Pennsylvania Department of Corrections, in regard to the above case. IEL R. GOODEMOTE SR. DEPUTY ATTORNEY GENERAL #30986 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Karl J. Januzzi, Esquire 1820 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) Scott McCardle P.O. Box 101 Burnham, PA 17009 i --DANIEL PZ?WODEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 J/? /04 DATED: : DAT L? P t--. s N a, S ='S 7 Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Daniel R. Goodemote Senior Deputy Attorney General Direct Dial 717-783-3147 JAMES PRINCE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS and SCOTT McCARDLE, NO. 04-1084 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO ALL PARTIES: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. RESPECTFULLY SUBMITTED: GERALD J. PAPPERT Attorney General BY: IEL R. GOO MOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Daniel R. Goodemote Senior Deputy Attorney General Direct Dial 717-783-3147 JAMES PRINCE, : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-1084 PENNSYLVANIA DEPARTMENT OF : CORRECTIONS and SCOTT : CIVIL ACTION •• LAW McCARDLE, Defendants :JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT PENNSYLVANIA DEPARTMENT OF CORRECTIONS TO PLAINTIFF'S COMPLAINT Defendant, Pennsylvania Department of Corrections, by and through the Office of Attorney General, files the following Answer to Plaintiffs; Complaint: Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 2. Admitted. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 4. The Commonwealth Defendant admits that the incident described in Plaintiff's Complaint took place on May 17, 2002 in the main store room of the State Correctional Institution at Camp Hill, Cumberland County, Pennsylvania. To the best of Defendant's knowledge, information and belief, the incident occurred at approximately 11:30 a.m., not 11:45 a.m. as alleged in paragraph 4. 5. Admitted. 6. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 7. The Commonwealth Defendants admits that on the aforesaid date, Defendant Scott McCardle was operating a forklift in the stock room at the prison and put the vehicle into reverse gear. It is further admitted that Plaintiff James Prince was located behind the forklift and was struck by the forklift operated by Defendant Scott McCardle. After reasonable investigation, the Commonwealth Defendant does not have sufficient knowledge or information to form a belief as to what Defendant McCardle noticed or did not notice at and around the time of the incident. 8. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 9. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 10. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 11. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 12. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 13. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 14. Denied. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. COUNT I 15. Paragraph 15 requires no answer. 16. The Commonwealth Defendant admits that the forklift was Commonwealth property. The Commonwealth Defendant denies that it had control of the forklift at the time of the accident. The remaining allegations of paragraph 16 are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, the allegations are specifically denied. 17. Paragraph 17 is a conclusion of law to which no responsive pleading is required. 18. It is denied that the incident described in the Complaint and the damages and injuries complained of were the direct and proximate result of the negligence, carelessness and/or recklessness of the Commonwealth Defendant. (a-f) Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 19. It is denied that the incident described in the Complaint was caused solely or exclusively by any wrongful or liability producing conduct of the Commonwealth Defendant. It is further denied that the incident was not due to any act or failure to act on the part of the Plaintiff, James Prince. WHEREFORE, the Commonwealth Defendant demands judgment in its favor and against all other parties. COUNT II 20-21. The averments of these paragraphs are directed to other parties, and, accordingly, no response is required. WHEREFORE, the Commonwealth Defendant demands judgment in its favor and against all other parties. NEW MATTER 22. The present action is controlled by the provisions of 1 Pa. C.S. §2310 and Act No. 1980-142, set forth in 42 Pa. C.S. §§8501, et seq., which Acts are incorporated herein and pled by reference. The Commonwealth Defendant asserts all the defenses contained therein. 23. The Commonwealth party is immune from suit pursuant to 1 Pa. C.S. §2310, and this action is not within any of the exceptions to immunity as set forth in 42 Pa. C.S. §8522, and therefore this action is barred. 24. Should liability be found on the part of the Commonwealth Defendant, the amounts and types of damages recoverable in the present action are limited and controlled by 42 Pa. C.S. §8528. 25. The Commonwealth Defendant avers that if' negligence is found to exist on its part, said negligence was not the proximate cause of Plaintiff's injuries. 22520 NEW MATTER DIRECTED TO DEFENDANT SCOTT MCCARIDLF 26. The factual averments of the Plaintiff's Complaint are incorporated herein by reference as if fully set forth at length without admission or adoption. 27. Liability on the part of the Commonwealth Defendant is specifically denied. 28. If the averments contained in the Plaintiff's Complaint are established, said averments being specifically denied, as they may relate to the Commonwealth Defendant, then the injuries and damages complained of were caused solely by the Defendant Scott McCardle. 29. Defendant, Scott McCardle, has been joined herein to protect the Commonwealth Defendant's rights of indemnity and contribution, and the Commonwealth Defendant avers that the above-said Defendant is alone liable to the Plaintiff, or in the alternative, that the above-said Defendant is liable over to the Commonwealth Defendant, or jointly and severally liable on the Plaintiff's causes of action. WHEREFORE, the Commonwealth Defendant demands judgment in its favor and against all other parties. RESPECTFULLY SUBMITTED: GERALD J. PAPPERT ATTORNEY GENERAL BY: D NIEL EMOTE r. Deputy Attorney General #30986 VERIFICATION I, DANIEL R. GOODEMOTE, hereby verify that I am counsel for the Defendant Commonwealth party in the foregoing action, and also verify that the foregoing statements are true and correct to the best of my knowledge, information and belief. I understand that I am subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities for any false statements knowingly made herein. IEL R. GO?ODEMOTE SENIOR DEPUTY ATTORNEY GENERAL #30986 DATED: <//a/G CERTIFICATE OF SERVICE°_ I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Karl J. Januzzi, Esquire 1820 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) Scott McCardle P.O. Box 101 Burnham, PA 17009 GOODEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: t#-V6 )I C7 N 0 O C O 'TI T -. m ZZ i"l ?_I SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants To the Prothonotary: NO. 04-1084 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED Please re-instate Complaint against the Defendants, Pennsylvania Department of Corrections and Scott McCardle. Respectfully submitted, SHOLLEWERGEER & JANUZZI, LLP By: Januzzi, Esquire Dated: April 8, 2004 N -n f> T TI Jfil SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attornevs for Plaintiff JAMES PRINCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1084 PENNSYLVANIA DEPARTMENT OF CORRECTIONS and SCOTT McCARDLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED AND NOW comes the Plaintiff, JAMES PRINCE, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the New Matter of Defendant Pennsylvania Department of Corrections as follows: 22-25. Paragraphs 22-25 of the New Matter of the Defendant, Pennsylvania Department of Corrections are conclusions of law which require no responsive pleading. By way of further answer, the allegations set forth in paragraphs 22-25 are hereby denied. 26-29. Paragraphs 26-29 of the New Matter of Defendant Pennsylvania Department of Corrections are directed to a party either than Plaintiff, James Prince, and thus require no response from Plaintiff. WHEREFORE, Plaintiff JAMES PRINCE respectfully requests your Honorable Court strike Defendant's New Matter, and enter judgment in Plaintiffs favor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Karl knuzzi, Esq. Attorney I.D. #65575 Date: k//-3/°Y SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS and SCOTT McCARDLE, Defendants NO. 04-1084 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 13 day of 2004 1 hereby certify that I have served the following Answer to Defendant's New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel R. Goodemote Office of Attorney General Torts Litigation Section 15"' Floor, Strawberry Square Harrisburg, PA 17120 Respectfully submitted, By: Karl J. Oa Attorney I JANUZZI, LLP zi, tsq. #65575 Dated: '{ { 2004 t7 -- n? t _- ?_ ?_' 'n ???'?'? -. S` -rr 'r. _ ?-' Y?:1? i-l ? . _ ?? r_ . -l -u. b _ J 1 C..J `') _, SHERIFF'S RETURN - REGULAR CASE NO: 2004-01084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCE JAMES VS PENNSYLVANIA DEPT OF CORRECTIO KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PENNSYLVANIA DEPARTMENT OF CORRECTIONS the DEFENDANT , at 1548:00 HOURS, on the 16th day of March 2004 at 55 UTLEY DRIVE CAMP HILL, PA 17011 by handing to TRACEY MCCULLOUGH, ADM OFFICER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with REQ FOR PROD OF DOCUMENTS & INTERROGATORIES and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /1) tv day of U I A. D. YProthonot So Answers R. Thomas Kline 04/02/2004 SHOLLENBERGER & JANUZZI By: D put?Nher,' ff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCE JAMES VS PENNSYLVANIA DEPT OF CORRECTIO R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PENNSYLVANIA ATTORNEY GENERAL but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT a NOTICE County, Pennsylvania, to On April 2nd , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 25.50 Sheriff of Cumberland County .00 50.50 04/02/2004 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this /.2 day of a4L`( A.D. d J Prothonotary' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCE JAMES VS PENNSYLVANIA DEPT OF CORRECTIO 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: MCCARDLE SCOTT but was unable to locate Him deputized the sheriff of MIFFLIN in his bailiwick. He therefore serve the within COMP/NOTC, REQ PROD DOC, County, Pennsylvania, to On April 2nd , 2004 , this office was in receipt of the attached return from MIFFLIN Sheriff's Costs: So answeU, y Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. homas Kline Dep Mifflin County 27.00 Sheriff of Cumberland County .00 52.00 04/02/2004 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this /.Z day of -q 00 A.D. D. ?^ OOD-^ / ?5 Prothonotary " In The Court of Common Pleas of Cumberland County, Pennsylvania James Prince vs. Pennsylvania Dept of Corrections et al SERVE: Pennsylvania Attorney General No 04-1084 civil Now, March 16, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r Sheriff of Cumberland County, PA 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 the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of 120 COSTS SERVICE $ MILEAGE AFFIDAVIT S offirQ of t4P "S4txtff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin PRINCE JAMES vs PENNSYLVANIA ATTORNEY GENERAL Sheriff's Return No. 2544-T - - -2004 OTHER COUNTY NO. 04-1084 AND NOW:March 24, 2004 NOTICE & COMPLAINT PENNSYLVANIA ATTORNEY GENERAL at 2:OOPM served the within upon by personally handing to SANDIE PORULIMENES RECEPTIONIST 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at STRAWBERRY SQUARE HBG, PA 17120-0000 Sworn and subscribed to before me this 26TH ay of MARCH, 2004 PROTHONOTARY So Answers, J e,; Sheriff of Dauphin County, Pa. Bh--6? Deputy Sh riff Sheriff's Costs: $25.50 PD 03/25/2004 RCPT NO 191022 SAL Joseph A. Bradley , Sheriff Baron K. Lewis , Chief Deputy Laurie J. Kozak , Deputy Christoher S. Shade , Deputy Plaintiff: James Prince Type of Writ or Complaint: ? Writ Notice and Complaint ? Complaint Address: @McCardle Refuse, Old Park Road, Burnham, Pa. 17009 SHERIFF'S OFFICE MIFFLIN COUNTY 20 North Wayne Street Lewistown, PA 17044 (717) 242-1105 " (717) 242-1808 Fax: (717) 248-2907 County: Cumberland Defendant: Pennsylvania Department of Corrections and Scott McCardle Serve At Name: ScoftMcCardle Name: Address: David W. Molek, Solicitor (717) 248-9656 Court Number: 04-1084 Indicate Unusual Service: ? Comm. of Pa. ? Deputization ? Other Now 20 , I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co. Special Instructions or other information that will assist in expediting service: Attorney or other Organization requesting service: Telephone No: Date Filed: Cumberland County Sheriffs 3/12/2004 1 acknowledge receipt of the Writ or C faint as indicated above: Date Received: Exp. Date: X G/' M=w 3117/2004 411212004 01 reby ERTIFY and RETURN that I ? have personally served. ? have legal evidence of service as shown in e "Remarks", ? have executed as shown in "Remarks", the Writ or Complaint described on the individual, company, corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted below, handing a TRUE and ATTESTED copy thereof. ?I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: I ? A person of suitable age and discretion No Service Made on Scott McCardle. He does not reside in Mifflin County. (See Back for More then residing at the defendent's usual Information) place of abode. Address where served (complete only if different than shown above) Attempts I Date Miles Dep.lnt. Date 1 3/1812004 6 LJK Advance Costs I Service Costs Mileage Postage $75.00 $14.00 $10.00 $1.00 Remarks: (See other side) Sworn to and subscribed before me this X ? tc atue oP Notary P c Date of Service: I Time: Miles Dep.lnt. Date Miles I Dep.lnt. Surcharge Notary Total Refund $0.00 I $2.00 I $27.00 $48.00 4 °(.r? Notarial Seal Margaret L. Bowersox, Notary Public I Lewistown Bom. Mifflin County Notarial Seal My Commission Expires Feb. 4, 2006 So Answers: Depot heriff Laurie J. Ko k 3/19/2004 X 31` 3/19/2004 Sheri /Jossee?plSA. Bradle ??f i??2?;?J2 G / SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants To the Prothonotary: NO. 04-1084 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED Please reinstate the Complaint against the Defendant Scott McCardle. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By. -? k Ar4? j, Karl J. Januzzi,° squire Dated: May 10, 2004 n ?,, ?_ ?? a YJfI ? _Tl ::?. -? 7i)' cJ i : _ ..,7 _..., Lj?T ? t. '; ? --` ? ? -?" N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCE JAMES VS PENNSYLVANIA DEPT OF CORRECTIO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PENNSYLVANIA ATTORNEY GENERAL but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick He therefore County, Pennsylvania, to serve the within COMPLAINT Sc NOTICE On May 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 r? Surcharge 10.00 R. Thomas Kline Dep Dauphin County 25.50 Sheriff of Cumberland County .00 62.50 05/05/2004 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this day of QR, s A.D. 1 //' rothon ary a:ra The Court Gf Co moa Pleas of Cumberland County, Pennsylvania James Prince vs. Pennsylvania Dept of Corrections et al SERVE: Pennsylvania Attorney General No 04-1084 civil Now April 16, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. i Sheriff of Cumberland County, PA Affidavit of Service Now, within 20-, at o'clock M. served the upon at by handing to a and made known to Sworn and subscribed before me this ` day of 20V copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE MILEAGE T AFFIDAVIT offirQ of '4r *4triff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255.2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin PRINCE JAMES vs ATTORNEY GENERALS OFFICE Sheriff's Return No. 3786-T - - -2004 OTHER COUNTY NO. 04-1084 AND NOW:April 26, 2004 COMPLAINT ATTORNEY GENERALS OFFICE to CATHY STEHMAN RECEPTIONIST of the original at 2:15PM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 16TH FLOOR STRAWBERRY SQUARE HBG, PA 00000-0000 Sworn and subscribed to before me this 29TH day of APRIL, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, k' eSheriff of Dauphin County, Pa. By Deput, Sheriff Sheriff's Costs:$25.50 PD 04/22/2004 RCPT NO 193144 GM SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1084 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED Please reinstate the Complaint against the Defendant :3cott McCardle. Respectfully submitted, SHOLLENBEIRGER & JANUZZI, LLP Y Karl J. 4Janui,squire Dated: June 11, 2004 c>_ t?. ? ..? ?-; ?.. -? ,,,r?, .? ?? , ?' ?,? ?? ? ?, _., 3= r iT. ` ? - u 4r' G_ w ==Y? ? + ? SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants To the Prothonotary: NO. 04-1084 Civil Term CIVIL ACTION • LAW JURY TRIAL DEMANDED Please reinstate the Complaint against the Defendant Scott McCardle. Respectfully submitted, SHOLLENBERGER & JANUZZI. LLP By: Karl J nuzzi, Esquire Dated: July 8, 2004 C7 o O t 11 w-. `. L_ ?? -n ? L ??r. ? ?? ,, ?_.. N ?•O ?.J i.. _"-ri _.C-` ? ?-i ti -f1 %:. .. ?_ ' ; =j. v, ^ SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants NO. 04-1084 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED To the Prothonotary: Please reinstate the Complaint against the Defendant Scout McCardle. Respectfully submitted, SHOLLENBERGER & t )Ii , !f By: Karl J. Ja , LLP Dated: August 6, 2004 N ' ? . S -^3 x,• c -7_-n :??i= c ' ? -p' J - i'y -? ,i ?" 'i°i "? {-n SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff JAMES PRINCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1084 Civil Term PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT CIVIL ACTION - LAW McCARDLE, JURY TRIAL DEMANDED Defendants PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint against the Defendant Scott McCardle. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: /U Karl J. Januzzi, Esquire Dated: September 3, 2004 C= ? r?l ?l;,t C': - ?.. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCE JAMES VS PENNSYLVANIA DEPT OF CORRECTIO 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: MCCARDLE SCOTT but was unable to locate Him deputized the sheriff of CAMBRIA in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 23rd , 2004 this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: So answ s Docketing 18.00 Out of County 9.00' Surcharge 10.00 R/ Thomas Kline Dep Cambria County 27.75 Sheriff of Cumberland County .00 64.75 09/23/2004 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this yC? day of II/t??-L , J,UV L( A. D. >14,a-P.w, , Prothonotary 2-0 962-y2 In The Court of Common Pleas of Cumberland County, Pennsylvania James Prince vs. Pennsylvania Department of Corrections et al SERVE: Scott McCardle 04-1084 civil No. September 13, 2004 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ??0' Sheriff of Cumberland County, PA Affidavit of Service Now, 9-17- within COMPLAINT WITH NOTICE upon - SCOTT MCCARDLE at SCI CRESSON, CRESSON PA. by handing to HIM PERSONALLY a TRUE AND ATTESTED and made known to 120 04 at 13:25 o'clock P. M. served the copy of the original COMPLAINT WITH NOTICE H T M the contents thereof. So answers, CAMBRIA Sheriff of County, PA Sworn and subscribed before ?/ me thi /54-day of Pirr bei 20 6/ COSTS SERVICE MILEAGE AFFIDAVIT $ 27.75 3a.Mes -P2,n/ e e Y S. PcL' Q?' Q= Corr?fs -it SCOTT- MCCcL[I t? Pko?s? c o`r -o 1, OF ?' 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W ,? , f" ?h %h /Yiule /1 'good 1670 "11e W ah d1OV1-ford.mare a f arera?ty j o, Folk b F? f Ui- pf C, 11f???r your cl'a(! ° ?8??) ?? p?U/.Sc? fG?7L Gr pQh C /V /A %B7 rhe4 /e-c/ o-F Ze,. l fu,., s Orr a f ?hCc f a f A/h1141-4r^ * VIS110A V\ rr 6e sch7? saw C icP?a ??e F1 V a -7 Of ea.lMN? aH P?eGS ?(ejnn erlga?! L-'6 L/ LGUdt y , -Ard Doc office af a?1b Lis?vphPioa?{?Caln??/?P/?}, -??yb? w?s?i ? respo„r<fe to 'this 1(etierI ple4se Flo So. Olr 7^? -SOfr-I' for Your G/Irti15 IhJl?uy.... ? Rt?pY ?-? N `... ? i f 'i• r ; c : cal ??(_i ? - ':? c:? t r.? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES PRINCE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants NO. 04-1084 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESSOF COUNSEL FOR PLAINTIFF TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLENBERGER & JANUZZI,, LLP By: Karl J. Jan i, Esq. I . D. # 65575 Date: November 24, 2004 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES PRINCE, Plaintiff V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1084 CIVIL ACTION - LAW JURY TRIAL DEMANDED tm CERTIFICATE OF SERVICE AND NOW this 24 day of November, 2004 1 hereby certify that I have served the Praecipe for Change of Address of Counsel for Plaintiff to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel R. Goodemote Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ( ca By: Karl J. Januzzi, Esq. Attorney I.D. #65575 Dated: November 24, 2004 N c.? C" t-? v_J Y C;7 0 2 -r; AO jj C~f ?t"1 C ?.? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JAMES PRINCE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, and SCOTT McCARDLE, Defendants NO. 04-1084 CIVIL ACTION - LAVA JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, JAMES PRINCE, intends to proceed with the above-captioned matter. SHOLLENBERGER & JANUZZI, LLP Karl Januzzi, Esquire Attor ev for Plaintiff Dated: September 24, 2007 ?` ? ?- ?"? ? "i7 _ r;?- ? w _ tom' ---? :%7 -_ ..? r Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial (717) 783-3147 JAMES PRINCE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff V. No. 04-1084 PENNSYLVANIA DEPARTMENT : OF CORRECTIONS and SCOTT CIVIL ACTION - LAW McCARDLE, Defendants : JURY TRIAL DEMANDED OBJECTIONS TO PLAINTIFF'S SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 These Objections are filed on behalf of Defendant. Pennsylvania Department of Corrections (Department). The Department represents: A Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was sent by Plaintiff to the Department on May 8, 2008. A copy of the Notice and the Subpoena attached thereto is attached as Exhibit A. 2. Plaintiff requested the entire file on inmate Scott McCardle, a Defendant in this action. 3. The Department objects as follows: a. There is no indication in the Notice that Defendant Scott McCardle was sent a copy of the Notice or the Subpoena. b. Portions of the file contain medical information, the disclosure of which may violate the privacy rule of the Health Insurance Portability and Accountability Act (HIPAA). The Department has a policy against releasing inmate files to other inmates. Privacy and safety issues underlie this policy and those issues supersede Plaintiff s need for the documents, in light of the doubtful relevance of the documents to the matter being litigated. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General_ By: Pa Al R. GGodemote Senior Deputy Attorney General Supreme Court No. 30986 VERIFICATION The facts set forth in these Objections to Plaintiffs Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. niel R. Good6rnote' Dated: May 23. 2008 CERTIFICATE OF SERVICE I hereby certify that I am this day, sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Karl J. Januzzi, Esquire 2225 Millennium Way Enola, PA 17025-1497 (Attorney for Plaintiff) Scott McCardle P.O. Box 101 Burnham, PA 17009 Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl.. Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: May 23, 2009 ?a !V _ ?J t,? 1 J co David D. Buelr 11rot(onotary Office of the Trotf20notaiy Cum6er[andfCounty, Pennsy[vania rkS. Sononage, ESQ Solicitor 01. - /O s k CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 C Car(sCe, to 0 Phone 717 240-6195 0 Eat 71 7 240-6573