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HomeMy WebLinkAbout08-6346Gidry Priebe, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA - Civil Division - v. No: 01 -63q Lisa Smith (CCP Health Care Administrator); PrimeCare Medical, Inc., DEFENDANTS PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Gidry Priebe; GX5000 50 Overlook Drive LaBelle, PA 15450 Social Security Number: 189-64-6325 (b) I am permanently disabled (paraplegia) and have been unemployed since June 3, 2004. (c) In the past twelve months I have not received any other income, including Social Security or Disability payments. (d) I receive negligible monetary gratuities from my parents on an irregular basis, rarely exceeding forty dollars. (e) I do not own any property, real or otherwise. I do not hold a checking or savings account and I have no cash stored away. (f) My debts and obligations are limited to municipal fines and costs. (g) I have no dependents. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances .Y --?? t. ? t'r`y, r' : ? ? ?? ., ?' J ?? ; ?? ? ? _ 70 -?L P(O)fkOAO+av(' x 11 PIE.O(S-e- ?Orcce-ss *tt enc-lose-d 7L „K Yo v, ay-y W IL o'? su ?ric0n S' bte.' ffi66,- io aa? WRIT OP SUMMONS Commonwealth of Pennsylvania COUNTY OF CUMBERLAND Gidry Priebe s vs. No. : Lisa Smith (CCP Health : Care Administrator); : PrimeCare Medical, Inc. : s TO: Lisa Smith Health Care Administrator Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 You are hereby notified that Gidry Priebe has commenced an action against you. Date: Prothonotary By: Deputy Gidry Priebe, PLAINTIFF GX5000 50 Overlook Drive LaBelle, PA 15450-0999 WRIT OF SUMMONS Commonvealth of Pennsylvania COUNTY OF CUMBERLAND z Gidry Priebe va. s Lisa Smith (CCP Health s Care Administrator); PrimeCare Medical, Inc. s TO: PrimeCare Medical, Inc. 3940 Locust Lane Harrisburg, PA 17109 No. You are hereby notified that Gidry Priebe has commenced an action against you. Date: Prothonotary By: Deputy Gidry Priebe, PLAINTIFF GX5000 50 Overlook Drive LaBelle, PA 15450-0999 Prison Mailbox Rule The documents contained herein have been placed in the prison mailbox on October 10, 2008. Pursuant to the Prison Mailbox Rule, paperwork is deemed filed with the prothonotary on the date which they were rendered to prison authorities for mailing, or the date which the prisoner places mail into the prison mailbox in accordance with prison policy. VERIFICATION I verify that the facts contained herein are true and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. § 4904). Date: at(ykec 41 AUF Gid Priebe; GX5 50 verlook Drive LaBelle, PA 15450 The documents herein have been deposited into the prison mailbox on October 10, 2008. The documents are deemed filed on said date, pursuant to the Prison Mailbox Rule. VERIFICATION I verify that the facts contained herein are true and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. § 4904). GIDRY PRIEBE, Plaintiff V. LISA SMITH (CCP HEALTH ADMINISTRATOR), PRIMECARE MEDICAL, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6346 CIVIL TERM ORDER OF COURT AND NOW, this 30'' day of October, 2008, upon consideration of Plaintiffs Petition for Leave To Proceed In Forma Pauperis, Plaintiff is hereby directed to file a proposed complaint within 30 days of the date of this order so the Court can determine if this case is potentially meritorious or frivolous for purposes of the In Forma Pauperis application. BY THE COURT, /Gidry Priebe, GX-5000 50 Overlook Drive LaBelle, PA 15450 Plaintiff, pro Se /Lisa Smith Health Care Administrator Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Defendant, pro Se V"PrimeCare Medical, Inc. 3940 Locust Lane Harrisburg, PA 17109 Defendant, pro Se :rc J P p'tP no lQQdZ LC ?Zd OZ Ho- GIDRY PRIEBE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 08-6346 CIVIL TERM LISA SMITH (CCP HEALTH CARE CIVIL ACTION - LAW ADMINISTRATOR), PRIMECARE MEDICAL, INC., JURY TRIAL DEMANDED Defendants MOTION FOR ENLARGEMENT OF TIME TO THE JUDGES OF YOUR HONORABLE COURT: AND NOW comes Plaintiff Gidry Priebe, a state prisoner, proceeding pro se, and brings this Motion for Enlargement of Time to comply with Order of Court directing him to file a proposed Complaint. In support thereof, avers the following: 1. On October 10, 2008, Plaintiff filed separate praecipes for Writ of Summons to be issued against each Defendant in the above-captioned civil action. Simultaneously filed was a Petition for Leave to Proceed In Forma Pauperis. 2. On October 30, 2008, the Honorable Judge Oler filed an Order of Court directing Plaintiff to file a proposed Complaint within 30 days for the purpose of weighing the potential merit or frivolity before disposing of said In Forma Pauperis application. 3. Subsequent to the filing of said In Forma Pauperis application, Plaintiff was moved to a Restricted Housing Unit and was held incommunicado for a period of two weeks 4. During this two week period, Plaintiff was denied access to his property, including his legal materials. 5. Currently, although Plaintiff has recently been released of said absolute restrictions, he remains highly restricted. 6. Plaintiff currently lacks the physical capacity to exercise due diligence. 7. Plaintiff will be released of said remaining restrictions no later than January 15, 2009, and no sooner than December 4, 2008. 8. Plaintiff has no formal legal education or experience. 9. Plaintiff has not had sufficient time to formulate an adequate proposed Complaint. 10. Plaintiff must conduct discovery in order to ripen his case for prosecution and adjudication. Pa.R.C.P.4003.8 regarding Pre-Complaint Discovery provides for and governs such course of action. 11. Plaintiff needs additional time to acquire sufficient evidence to sustain the onus probandi needed to withstand preliminary objections against all Counts and Claims. 12. Plaintiff is currently unable to delineate the full array of separate Counts among the multiple causes of action with sufficient specificity. 13. Plaintiff is currently unable to ascertain with strict particularity the appropriate applicable governing authority(ies) respective to the diverse courses of action and their respective Counts. 14. The interests of justice and judiciary economy can best be served by granting Plaintiffs instant motion pursuant to Pa.R.C.P.1003. 15. Defendants would not be prejudiced by a ruling in favor of Plaintiff, i.e., granting the instant motion. WHEREFORE, Plaintiff Gidry Priebe prays your Honorable Court to 1) accept the attached Affidavit of Claim in full satisfaction of and in lieu of a proposed Complaint and grant leave to proceed in forma pauperis; or 2) grant the instant Motion for Enlargement of Time for a period of not less than 60 days, with an option for an additional 60day extension contingent upon such necessity. Respectfully submitted, Gid,r&rieber' GX-5000 50 Overlook Drive LaBelle, PA 15450 L'. , GIDRY PRIEBE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 08-6346 CIVIL TERM LISA SMITH (CCP HEALTH CARE CIVIL ACTION - LAW ADMINISTRATOR), PRIMECARE MEDICAL, INC., JURY TRIAL DEMANDED Defendants AFFIDAVIT OF CLAIM AND NOW comes Plaintiff Gidry Priebe, a state prisoner, proceeding pro se, and brings this affidavit of Claim pursuant to Order of Court for the purpose of accreditation with respect to Plaintiff's pending in forma pauperis application. The spirit of this Affidavit is to persuade the Court to grant in forma pauperis status, or in the least, to provide ancillary support to the accompanying Motion for Enlargement of Time. Elements of Proposed Complaint 1. Plaintiff has exhausted all administrative remedies that were available to him in good faith effort to resolve every cause of action short of seeking relief from the Court. 2. In exhausting all available administrative remedies, Plaintiff followed and adhered to applicable policy and procedure of the respective agency or political sub- division. 3. Plaintiff seeks monetary award for compensatory and punitive damages from each Defendant for their joint and several liability. 4. The amount in controversy for each Defendant exceeds the jurisdictional amount for compulsory arbitration. 5. Defendants are not immune from liability. Abridned Summary of Claims 6. Plaintiff is completely and permanently paralyzed from his waist down. Plaintiff's condition predates his encounter with each Defendant. 7. Defendants have been responsible for, and had control over, the health care that Plaintiff received at Cumberland County Prison. 8. Defendants have overtly exhibited negligence in the administration of necessary care for Plaintiff. 9. Defendants' negligence and neglect with respect to the treatment of Plaintiff amounts to magna neglegentia. 10. Defendants did conspire to deprive Plaintiff of the reasonable and appropriate care and accommodations he required and was prescribed. 11. Defendants did act to suppress the judgment, orders, prescriptions, and oversight of competent professional medical practitioners concerning Plaintiff, with the intent to deprive Plaintiff of adequate treatment and accommodations. 12. Defendants' wanton neglect and deliberate indifference toward Plaintiff's serious medical needs resulted in unnecessary pain, suffering, and distress to Plaintiff. 13. The doctrine of respondent superior is invoked to capture the employer's (Defendant PrimeCare Medical, Inc.) liability in cognizantly condoning the willful and malicious misconduct of their appointed Health Care Administrator (Defendant Lisa Smith) at Cumberland County Prison. 14. Defendant Lisa Smith's neglect in administering prescribed or ordered routine treatment to Plaintiff resulted in inadvertent disclosure of privileged medical information, which caused humiliation to Plaintiff and caused Plaintiff to be subjected to humiliation and ridicule. 15. Defendant Lisa Smith established an odiously spiteful and malevolent animus toward Plaintiff, which was evinced in a number of ways, such as by her attempt to deprive Plaintiff of his wheelchair, her issuance of frivolous disciplinary reports against Plaintiff, and by the policies she engineered and instituted to adversely affect Plaintiff and which served no legitimate purpose other than to harass and annoy. 16. Defendant Lisa Smith did, on numerous occasions, deprive Plaintiff of his personal property, including but not limited to: a. durable medical equipment and supplies b. prescription medication 17. Defendant Lisa Smith did, on multiple occasions, permanently deprive Plaintiff of his personal property, including but not limited to: a. durable medical supplies b. prescription medication 18. Defendant Lisa Smith did make affirmative efforts to fraudulently conceal the deprivation of personal property that she caused Plaintiff, in all instances. 19. Defendant Lisa Smith did damage personal property of Plaintiff while engaged in unauthorized use thereof, whereby Defendant had knowledge of Plaintiffs expressed, explicit aversion to such activity. 20. Defendant Lisa Smith did make affirmative efforts to fraudulently conceal the damage to personal property that she caused Plaintiff. 21. Defendant Lisa Smith did principally engage in collusive fraud in the procurement, whereby she did vicariously deceive Plaintiff and cause him to sign a financial responsibility waiver, which subsequently directly resulted in a financial loss of Plaintiff. Statute of Limitations 22. In determining the tolling of, or exceptions to, the applicable statute of limitations, Plaintiff invokes the Discover doctrine of fraudulent concealment, or contra non valentum. 23. All causes of action rose within the applicable statute of limitations, from two years ante litem heretofore. WHEREFORE, upon consideration of the foregoing averments, Plaintiff Gidry Priebe prays this Honorable Court to grant his pending in forma pauperis application. Respectfully submitted, id riebe GX-5000 50 Overlook Drive LaBelle, PA 15450 PRISON NAILBOX RULE Pursuant to the Prison Mailbox Rule, the instant submission to the Court is deemed filed on the date which it is delivered to a prison official or deposited into the prison mailbox. For the purpose of satisfying the requirement of this rule, this shall have occurred on the date so specked below. De Facto date of Filing: December a14 ?20M( T VERIFICATION I hereby verify that the facts contained in the documents and pleading(s) bound hereto are true and correct to the best of my knowledge, information and belief. I understand that all statements of fact are made subject to the penalties for unswom falsification to authorities under Section 4904 of the Pennsylvania Crimes Code (18 Pa.C.S. § 4904). riebe GX-5000 50 Overlook Drive LaBelle, PA 15450 a y . r ? _ e> uj C> LL CL? N iJ GIDRY PRIEBE, IN THE COURT F COMMON PLEAS OF Plaintiff CUMBERLAND OUNTY, PENNSYLVANIA V. : CIVIL ACTION -I LAW LISA SMITH (CCP HEALTH ADMINISTRATOR), PRIMECARE MEDICAL, INC., Defendants NO. 08-6346 CIVI-L TERM ORDER OF COURT AND NOW, this 16th day of December, 2008, lupon consideration of Plaintiff's Motion for Enlargement of Time, Defendant is complaint in this matter by January 26, 2009. ZGidry Priebe, GX-5000 50 Overlook Drive LaBelle, PA 15450 Plaintiff, pro Se ? Lisa Smith Health Care Administrator Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Defendant ? PrimeCare Medical, Inc. 3940 Locust Lane Harrisburg, PA 17109 Defendant :rc Co L" m.c,7t tec-C l BY THE COURT, J/W.,esley Oler, W, J. by ordered to file a proposed t r'i'•~ J uuuZ ,. `: 1 David D. Bueff 1tothonotary XirkS. Sohonage, ESQ, Solicitor Wfnee X Simpson Ft Deputy 1tothonotary Irene E. W orrow 2"d Deputy othonotary office of the ftothonotary Cum6erfand County, Pennsy(vania 'Q 3 yi?_CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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 @ Suite 100 • Carl sfe, PA 17013 • (717 240-6195 • Fax (717 240-6573