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HomeMy WebLinkAbout01-2575 Office of Attorney General Daniel R. Goodernote Torts Litigation Section Senior Deputy Attorney General 15th Floor, Strawberry Square Direct Dial 717-783-3147 Harrisburg, PA 17120 VICTOR CORTEZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. : CIVIL TERM PENNSYLVANIA DEPARTMENT OF : CORRECTIONS and COMMONWEALTH: OF PENNSYLVANIA, : : Defendant : NO. 01-2575 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 SUBMHTED: D. MICHAEL FISHER Attorney General DANIEL R. GOODEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Daniel R. Goodemote Torts Litigation Section Senior Deputy Attorney General 15th Floor, Strawberry Square Direct Dial ? I ?-?83-314? Harrisburg, PA 17120 VICTOR CORI'EZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : : CIVIL TERM PENNSYLVANIA DEPARTMENT OF CORRECTIONS and COMMONWEALTH: OF PENNSYLVANIA, : Defendant : NO. 01-2575 ANSWER AND NEW MATTER OF DEFENDANT PENNSYLVANIA DEPARTMENT OF CORRECTIONS AND COMMONWEALTH OF PENNSYLVAN£~. Defendant, Pennsylvania Department of Corrections and Commonwealth of Pennsylvania, by and through the Office of Attorney General, files the following Answer to Plaintiff's Complaint: I. Admitted. 2. It is admitted that the Defendant, Pennsylvania Department of Corrections is a Commonwealth agency with a principal place of business located in Camp Hill, Pennsylvania. It is further admitted that the Defendant has the responsibility for the maintenance and operation of Graterford Prison. The remaining allegations of paragraph 2 are conclusions of law to which no responsive pleading is required. 3. Admitted. 4. After reasonable invesligation, the answering Defendant does nol have sufficient knowledge or information to form a belief as to the troth of the allegations made in paragraph 4. 5. After reasonable investigation, the answering Defendanl does not have sufficient knowledge or informalion to form a belief as to the Imth of the allegations made in paragraph 5. 6. It is denied that the Defendant was negligent in any manner whalsoever. Alter reasonable investigation, the Defendant does not have sufficient knowledge or information to form a belief as to the troth of the averments as to the cause of Plaintiff's fall or the extent of his injuries. It is denied that a hazardous or dangerous condition existed to pedestrians at the time of the accident. 7. it is denied that Defendanl failed to provide Plaintiff with proper and adequate medical care and attention or that any act or failure to act on the part of the Defendant caused any type of harm to the Plaintiff. It is further denied that Plaintiff has any permanent impairment of his bodily functions. 8. Denied as stated. The Defendant has those duties and responsibilities prescribed by applicable slatutes and regulations. To the extent paragraph 8 describes duties beyond Ihose prescribed by law, Ihey are denied. 9. Denied as staled. The Defendant has those duties and responsibilities prescribed by applicable slatutes and regulalions. To the extent paragraph 8 describes duties beyond those prescribed by law, they are denied. I 0. Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 1 I. The allegations contained in paragraph I i am conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, the allegations are specifically denied. 12. It is denied that Defendant was negligent or careless in any manner whatsoever or Ihat any act or failure to act by the Defendant caused the injuries described in paragraph 12 of Plaintiff's Complaint. Mter reasonable investigation, the answering Defendant does not have sufficient knowledge or information to form a belief as to the troth of the remaining allegations made in paragraph 12. 13. Mter reasonable investigation, the answering Defendant does not have sufficient knowledge or information to form a belief as to the troth of the allegations made in paragraph 13 and they are therefore denied. 14. After reasonable investigation, the answering Defendant does not have sufficient knowledge or information to form a belief as to the troth of the allegations made in paragraph 14 and they are therefore denied. 15. After reasonable investigation, the answering Defendant does not have sufficient knowledge or information to form a belief as to the truth of the allegations made in paragraph 15 and they are therefore denied. 16(a)-(m). Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. I ?. The allegations of paragraph I 7 are denied as conclusions of law to which no responsive pleading is required. 18. It is denied Ihat Plaintiff was injured as a result of any act or omission by the Defendant. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. NEW MATTER 19. This action is barred by the applicable statute of limitations. 20. The present action is controlled by the provisions of I 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. 21. The Commonwealth Defendant did not have notice, written or otherwise, of the allegedly dangerous condition, or in the alternative, if said notice was received, it was not received in sufficient time prior to the alleged accident for the Commonwealth Defendant to have corrected or to have warned the traveling public of the allegedly dangerous condition. 22. There is no cause of action based upon a failure to inspect or improper inspection in that sovereign immunity has not been waived for such claims. 23. The Commonwealth party is immune from suit pursuant to I Pa. C.S. §2310, and this action is not wilhin 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, Ihe 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 thai if negligence is found to exist on its part, said negligence was not the proximate cause of Plaintiff's injuries. 26. The Plaintiff was contributorily negligent and/or failed to mitigate the claimed damages, thereby limiting and/or barring any recovery. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. RESPECTFULLY SUBMI'FFED: D. MICHAEL FISHER ATFORNEY GENERAL DANIEL R. GOODEMOTE Sr. 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. 1 understand that ! am subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities for any false statements knowingly made herein. DANIEL R. GOODEMOTE SENIOR DEPUTY A'ITORNEY GENERAL #30986 DATED: CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing documenl to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Victor Cortez CF 9488 P.O. Box 1000 State Route 2007 Graterford, PA 16698-1000 DANIEL R. GOODEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawbeny Square Harrisburg, PA 17120 (717) 783-31~47 ~ DATED: o l Office of Attorney General Torts Litigation Section Daniel R. Goodemote 15~h Floor, Strawberry Square Senior Deputy Attorney General Harrisburg, PA 17120 Direct Dial 717-783-3147 '~-~TOR CORTEZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA Plaintiff : : V. : PENNSYLVANIA DEPARTMENT OF : CIVIL TERM CORRECTIONS and COMMONWEALTH i OF PENNSYLVANIA,: : Defendant : NO. 01-2575 PENNSYLVANIA DEPARTMENT OF CORRECTIONS AND COMMONWEALTIt OF PENNSYLVANIA,S PETITION FOR CI'IANGE OF VENUI,~; AND NOW, comes the Defendants, Pennsylvania Department of Corrections and Commonwealth of Pennsylvania ('Commonwealth Defendants), by and through the Office of Attorney General, hereby files this Petition for Change of Venne pursuant to Rule 1006(d)(I) of the Pennsylvania Rules of Civil Procedure. In support, the Commonwealth Defendants aver: I.Victor Cortez (Plaintiff), commenced this action against the Commonwealth Defendants by filing a Writ of Summons in the Court of Common Pleas of Cumberland County on or about May I. 2001. 2. On orabout September 12, 2001, proceeding pro se, Plaintifffileda Complaint against the Commonwealth Defendant. (A copy of Plaintiff's Complaint is attached as Exhibit A.) 3. This case arises from an alleged slip and fall which occurred at the State Correctional Institution at Graterford (SCI-Graterford), located at Graterford, Montgomery County, Pennsylvania. 4. On or about May 4, 1999, Plaintiff. was an inmate at SCI-Graterford. He allegedly fell while walking down a metal staimase adjacent his cell block. (Complaint ¶¶ 4 & 6). 5. According to his Complaint, Plaintiffwas injured in the fall. (Complaint ¶ 6). 6. Presently, Plaintiff is incarcerated at SCI-Houtzdale. 7. The Pennsylvania Department of Corrections is an agency of the Commonwealth of Pennsylvania. Its principal office is located in Cumberland County. 8. The alleged injury for which Plaintiffinstituted this cause of action occurred at SCI- Graterford in Montgomery County. 9. Venue in actions for claims against a Commonwealth party are regulated by Section 8523 of the Judicial Code which states that actions against a Commonwealth party may be brought in a county in which the principal or local office of the Commonwealth party is located, or in which the cause of action arose, or where a transaction or occurrence took place out of which the action arose. See, 42 Pa. C.S.A. § 8523. 10. The only connection this case has to Cumberland County is that the Departrnent of Corrections' principal office is located in Lower Allen Township (Camp Hill). 11. For the convenience of the panics and witnesses, this Court may transfer an action to an appropriate court in any other county where the action could have originally been brought. Pa.R.C.P. 1006(d)(l). 12. Since the Department of Corrections has a local office in Montgomery County, the cause of action arose in Montgomery County, and the witnesses and evidence would most likely be found in Montgomery County, this case should be transferred to Montgomery County, Pennsylvania, the most convenient forum for this action. 13. Plaintiffdoes not oppose the transfer of this case to Montgomery County. A copy of 2 Plaintiff's fetter to Defendant's counsel affirnfing that he does not oppose the transfer of this case is attached as Exhibit B. WHEREFORE, the Commonwealth Defendant respectfully requests that this Honorable Court grant its petition for change of venue and transfer the above-captioned matter to Montgomery County, a proper and more convenient forum for this action. Respectfully submitted, D. MICHAEL FISHER Attorney General · _~_~.~IEL 1~. GOODEMoTI~ #309g~-~-~ Senior Deputy Attorney General DATED: EXHIBIT ",4" ~.ECE~VED Office of A.orney General ~r~ ~.~ i-~.yo. ~r.5,,' DEC 1 0 2001 'lorts Litigation 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: Victor Cortez CF 9488 P.O. Box 1000 State Route 2007 Houtzdale, PA 16698- 1000 '-I~NIEL R. GOODEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147. . SEM/INOFF, ORMSBY, GREENBERG & TORCHI/I, LLC BY: HAROLD SEMANOFF, ESQUIRE Identification No. 25366 Suite 200 · Jenkins Court 610 Old York Road Jcnkintown, PA 19046 (215) 88%2058 ATTORNEYS FOR PLAINTIFF VICTOR CORTEZ CUMBERLAND COUNTY CF 9488 : COURTOF COMMON PLEAS P.O. BOX 1000 : : HOUTZDALE, PA 16698-1000 : v. : NO. ol PENNSYLVANIA DEPARTMENT : OF CORRECTIONS : 55 UTLEY DRIVE : CAMP HILL, PA 17011 : and : : COMMONWEALTH OF PENNSYLVANIA : C/O ATTORNEY GENERAL . 21 SOUTH 12TM STREET, THIRD FLOOR : PHILADELPHIA, PA 19107 : PRAECIPE FOR WRIT OF SUMMONR TO THE PROTHONOTARY OF SAID COURT: Kindly issue a Summons against both Defendants in the captioned Civil Action and forward the same to the Sheriffof Cumberland County for service. SEM~4NOF?, ORMSBY & GREENBERG, LLP DATED: ¢ 30/O/ LD SEMANOFF, ES'QUIRE ATTORNEYS FOR PLAINTIFF WRIT OF SUMMONS TO DEFENDANTS PENNSYLVANIA DEPARTMENT OF CORRECTIONS AND COMMONWEALTH OF PENNSYLVANIA: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF VICTOR CORTEZ HAS COMMENCED AN ACTION AGAINST YOU. Deputy Office of Attorney General Torts Litigation Section Daniel R. Goodemole 15th Floor, Strawberry Square Senior Deputy Attorney General Han'isburg, PA 17120 Direcl Dial ?1 ?-783-3147 VICTOR CORTEZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. : CIVIL TERM PENNSYLVANIA DEPARTMENT OF : CORRECTIONS and COMMONWEALTH OF PENNSYLVANIA, : ; Defendant : NO. 01-2575 ENTRY OF APPEARANC~ Please enter rny appearance on behalf of the Defendant, Pennsylvania Department of Corrections and Commonwealth of Pennsylvania in the above- captioned action. D. MICHAEL FISHER Attorney General L,~IIEL R. GO'O'~EMO~-- ID #30986 Senior Depub, Altorney General 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: Harold Semanoff, Esquire ;. " Jenkins Court, Suite 200 ' ' :~'" 610 Old York Road '.:: .. Jenkintown, PA 19046 -.. "' ~-~NIEL R. Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section { 5th Fi,, Strawberry Square Harrisburg, PA { 7120 ('717) 783-3147 DATED: Office of Attorney General Torts Litigation Section Daniel R. Goodemote 15th Floor, Strawberry Square Senior Deputy Attorney General Harrisburg, PA 17120 Direct Dial ?1 ?-783-3141 VICTOR CORTEZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : ; V. ; : CIVIL TERM PENNSYLVANIA DEPARTMENT OF : CORRECTIONS and COMMONWEALTH OF PENNSYLVANIA, : : Defendant : NO. 01-2575 PRAECIPE FOR RULE TO FILE COMPI. AJN i Please issue a Rule upon Plaintiff, Victor Cortez, to file a Complaint against the Defendant, Pennsylvania Department of Corrections and Commonwealth of Pennsylvania within twenty (20) days from the date of service of Rule or suffer entff of judgment non pros. Respectfully submitted, D. MICHAEL FISHER Attorney General RULE AND NOW, this...~O4-~day of ~ ,2001, a Rule is hereby entered as above. CERTIFICATE OF SERVICE I hereby cerlify 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: Harold Semanoff, Esquire Jenkins Court, Suite 200 610 Old York Road Jenkintown, PA 19046 ~'ANIEL R. (}O~DEMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th FI., Strawberry Square Harrisburg, PA 17120 (717) 783-3~47 ~ DA'mD: t FICTOR CORTE~, PRO SE CF 9488 P.O. BOX 1000 State Route 2007 Graterford, PA 16698- ~ 000 814-378-1000 VICTOR CORTEZ, PRO SE PLAINTIFF : CUMBERLAND COUNTY. VICTOR CORTEZ : PENNSYLVANIA v. : COURT OF COMMON PLEAS PENNSYLVANIA DEPARTMENT : OF CORRECTIONS : CIVIL TERM and : : NO. 01-2575 COMMONWEALTH OF PENNSYLVANIA : C/O ATTORNEY GENERAL ~WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance in the captioned matter. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as Attorney Pm Se for Plaintiffin the above matter. VICTOR CORTEZ, PRO SE DATED: C~ {'~ i ~)] PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on the date indicated below service of a true and correct copy of the foregoing WITHDRAWAL AND ENTRY OF APPEARANCE was made upon all counsel of record and/or unrepresented parties by regular First Class Mail, postage prepaid. VICTOR CORTEZ, PRO SE PLAINTIFF VICTOR CORTEZ, PRO SE CF 9488 P.O. BOX 1000 State Route 2007 Houtzdale, PA 16698-1000 814-378- 1000 VICTOR CORTEZ, PRO SE PLAINTIFF VICTOR CORTEZ CUMBERLAND COUNTY, PENNSYLVANIA : COURT OF COMMON PLEAS CF 9488 : P.O. BOX 1000 : HOUTZDALE, PA 16698-1000 : PENNSYLVANIA DEPARTMENT : CIVIL TERM OF CORRECTIONS 55 UTLEY DRIVE : : NO. 01-2575 CAMP HILL, pA 17011 : CIVIL ACTION -COMPLAINT NOTICE AVISO You have been sued in court. If you wish to defend Le hah demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages, defenderse de estas demandas expuastas en las paginas you must take action within twenty (20) days at'er siguientes, usted tiene veinte (20) dias de plazo al partir this complaint and notice are served by entering a de la fecha de la demanda y la notificacion. Hace falta written appearance personally or by attorney and asentar una comparencia escrita sus defensas o sus filing in writing with the court your defenses or objeciones a las demandas en contra de su persona. Sea objections to the claims set forth against you. You avisado que si usted no se defiende, la corte tomara am warned that if you fail to do so the ease may medidas y puede continuar la demanda en contra suya proceed without you and a judgment may be entered sin previo aviso o notificacion. Ademas, la corte puede against you by the court without further notice for decidir a favor del demandante y requiere que usted any money claimed in the complaint or for any cumpla con todas las provisiones de esta demanda. other claim or relief requested by the plaintiff. You Usted puede perder dinero o sus propiedades u otros may lose money or property or other rights dcrechos importantesparausted. important to you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENTE. Si NO TIENE ABOGADO O LAWYER AT ONCE. IF YOU DO NOT HAVE A Si NO TIENE EL DINERO SUFICIENTE DE PAGAR LAWYER OR CANNOT AFFORD ONE, GO TO TAL SERVICIO. VAYA EN PERSONA O LLAME OR TELEPHONE THE OFFICE SET FORTH POR TELEFONO A LA OFICINA CUYA BELOW TO FIND OUT WHERE YOU CAN GET DIRECCION SE ENCUENTRA ESCRITA ABA JO LEGAL HELP. PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service ASOCIACION DE LICENCIADOS DE ~ Liberty Place ~ CUMBERLAND CO. Carlisle, PA 17013 Servicio De Referencia E Informacion Legal 1-717-249-3166 1-800-990-9108 2 Liberty Place Carlisle, PA 17013 1-717-249-3166 1-800-990-9108 PICTOR CORTEZ, PRO ,-gE CF 9488 P.O. BOX 1000 State Route 2007 Graterford, PA 16698-1000 814-378-1000 VICTOR CORTEZ. PRO SE PLAINTIFF : CUMBERLAND COUNTY, VICTOR CORTEZ : PENNSYLVANIA : COURT OF COMMON PLEAS CF 9488 : P.O. BOX 1000 : GRATERFORD, PA 16698-1000 : V. ~ PENNSYLVANIA DEPARTMENT : CIVIL TERM OF CORRECTIONS : 55 UTLEY DRIVE : NO. 01-2575 CAMP HILL, PA 17011 : CIVIL ACTION -COMPLAINT I. Plaintiff Victor Cortez is an adult individual currently residing at the above captioned address who at all times relevant hereto was an inmate at Graterford Prison located in Gmterford, Pennsylvania. 2. Defendant Pennsylvania Department of Corrections (hereinafter sometimes referred to as the "Dept. of Corrections") is upon information and belief a Conunonwealth Agency with its principal place of business at the above captioned address and which at all times relevant hereto was charged with the responsibility for the maintenance and operation of Graterford Prison and for caring for the safety and health of the inmates, including Plaintiff herein. 3. At all times relevant hereto, Defendant Dept. of Corrections has acted through its duly authorized officers, agents and/or employees acting within the course and scope of their agency and/or employment and authority with respect to the operation of Graterford Prison. 4. On or about May 4, 1999, Plaintiff Victor Cortez was waiking down a metal staircase adjacent to the showers of his cell block. 5. At the same time, other inmates were or recently had been showering in the showers above and adjacent to the staircase. 6. As a result of Defendant's negligence as more particularly set forth below. Plaintiff was suddenly and without warning caused to slip, trip, stumble and fall and to sustain severe and adverse physical injuries, as more particularly set forth below, by reason of the water leaking onto the staimase, which created a haTardous and dangerous condition to pedestrians, including Plaintiff. 7. Following the aforesaid occurrence, Defendant failed to provide Plaintiff with proper and adequate medical care and attention, as more particularly set forth below, as a result of which Plaintiff's injuries failed to properly heal and have resulted in a permanent impairment of his bodily functions. 8. At all times relevant hereto, Defendant has had under its care, direction and responsibility, the supervision, inspection, control and maintenance and repair of the showers and stairways within the commissary at Graterford Prison. 9. It was the duty of Defendant to properly inspect, repair and maintain showers, drains and stair case for the protection of pedestrians walking thereon, including Plaintiff. 10. Plaintiff Victor Cortez avers that the aforesaid dangerous condition of or on the staircase existed for a sufficient length oftime prior to the aforesaid occurrence for the Defendant to have had actual and/or constructive knowledge or notice of the dangerous condition. -2- I I. Defendant had a duty to warn Plaintiff of the dangerous condition of or on the floor and to otherwise inspect, maintain, rectify, clean, clear and/or otherwise correct the aforesaid dangerous condition, but negligently failed to properly do so. 12. As a sole result of the aforementioned accident caused by the negligence and carelessness of Defendant as set forth below, Plaintiff Victor Cortez sustained serious, painful and permanent injuries including, but not limited to his back, hip, pelvis, neck, head, eyes and ligaments in his leg and foot, together with a severe shock to his nerves and nervous system, excruciating and agonizing aebes, pains and mental anguish which injuries are permanent in nature. 13. As a further result of this incident, Plaintiff Victor Cortez has been and continues to be obligated to receive medical attention and care and to expend various sums of money and incur diverse medical expenses because ofthe severe injuries which he has suffered, and he will be obliged to continue to make medical, hospital and surgical expenditures for an indefinite time in the future, all to his great and continuing detriment and loss, which reasonable and necessary medical expenses are, or expected to exceed $1,500.00. 14. As a further result of the incident, Plaintiff Victor Cortez has, may and will probably in the future continue to suffer great pain, and he has been and probably will in the future be hindered and prevented from attending to his usual daily duties and labors, all to his great and continuing detriment and loss. 15. As a further result of the incident, Plaintiff Victor Cortez has suffered an injury which is in full or in part constitutes a permanent loss of a bodily function. 16. The carelessness and negligence of Defendant consisted of the following: (a) Allowing water from the showers and upper floors to spill onto the ~netal staircase when Defendant knew or should have known that pedestrians including Plaintiff would be required to walk on the same; -3- (b) Installing insufficient lighting to allow the surface of the staircase and accumulated water to be visible to pedestrians including Plaintiff who would be required to walk on the same; (c) Failing to warn or otherwise notify Plaintiff Victor Cortez and others similarly situated of the aforesaid condition of or on the staircase; (d) Creating the aforesaid dangerous condition of or on the staircase and failing to provide adequate and safe walking conditions; (e) Disregarding the rights, safety and position of Plaintiff Victor Cortez and others similarly situated; (0 Failing to properly maintain the aforesaid showers and staircase in a condition that would protect and safeguard persons such as the Plaintiff and others lawfully walking thereon; (g) Failing to correct or otherwise remedy the otherwise dangerous condition of or on the shower and/or staircase; (h) Failing to provide adequate warning signs with regard to the condition of or on the shower and/or staircase; (i) Failing to properly inspect the aforesaid showers and/or staircase in order to assure that it was safe for passage; (j) Failing to properly maintain and manage the aforesaid showers, floors and staircase so that they would be safe for pedestrians thereon; (k) Failing to warn Plaintiff of the dangerous condition of or on the aforesaid staircase; (I) Improperly performing the cleaning and/or maintenance ofor on thc floor. showers and staircase at the subject location; and (m) Failing to supervise the cleaning and maintenance and repairs of or on the aforesaid showers mid/or staircase. -4- 17. Defendant breached its duty owed to Plaintiff by its negligent conduct, as more particularly stated above. 18. As a direct result of the aforesaid acts and omissions, Plaintiff Victor Cortez has sustained multiple injuries and damages, as more particularly stated above. WHEREFORE, Plaintiff Victor Cortez claims damages of Defendant Pennsylvania Department of Corrections for an amount in excess of Fitly Thousand Dollars ($50,000.00) along with interest and costs as provided by law. VICTOR CORTEZ, PRO SE PLAINTIFF -5- VERIFICATION I, VICTOR CORTEZ, hereby verify that I am the Plaintiff in this matter; that the averments or denials of facts contained in the foregoing document are tree and correct based upon information and belief; and that false statements made herein are subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. VICTOR COR 1 E/. CI~-RTIFICATE OF SERVICI~. I hereby certify that on the date indicated below service of a true and correct copy of the foregoing CIVIL ACTION-COMPLAINT was made upon all counsel of record and/or unrepresented patties by regular First Class Mail, postage prepaid. BY: · .-..._ VICTOR CORTEZ, PRO SE PLAINTIFF Office of Attorney General Daniel R. Goodemote Torts Litigation Section Senior Deputy Attorney General 15'h Floor, Strawberry Square Direct Dial 717-783-3147 Harrisburg, PA 17120 VICTOR CORTEZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : _- V. .* : CIVIL TERM PENNSYLVANIA DEPARTMENT OF : CORRECTIONS and COMMONWEALTH: OF PENNSYLVANIA, : : Defendant : NO. 01-2575 AND NOW, this ~t~._- day of~, 200,[, upon consideration of the Commonwealth Defendants' Petition for Change of Venue and Plaintiff's letter that he does not oppose the Motion, it is hereby Ordered that this case shall be transferred to the Court of Common Please of Montgomery County, Pennsylvania. The Commonwealth Defendants shall bear the cost of this transfer. "~ ~7 J. COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENE MIKEFISHER March 26, 2002 ATTORNEY GENERAL Torts L±t±gat±on Sect±on Su±te 102 2490 Blvd. of the Generals Norristown, PA 19403 (610) 631-5981 Prothonotary Office Montgomery County Courthouse P.O. Box 311 Norristown, PA 19403-0311 Re: Cortez v. Pennsylvania Department of Corrections, et al. Dear Sir/Madam: Please find enclosed a check in the amount of $214.50 the cost for filing this case. This case was transferred from Cumberland County to Montgomery County. Kindly file in accordance with procedure. Thank you. Very truly yours, Patricia A. Miller Special Investigator to JANE H. FISHER Sr. Deputy Attorney General pam Enclosure OFFICE OF PROTHONOTARY COURTHOUSE Daniel R. Gooda~ote Senior Deputy Attu~.ey General Carlisle, PA Januar~_~, 2002 T~em L~H_~at-~nn Section 15th Floor, Strawberry Square ~, ~A 17120 ~o The Co,m~(y of Cumberland Fees to Transfer Case to Montgcmery County Victor Cortez vs. Att: MAXE CHECK PAYABLE TO PROTHONOTARY. COMMON PLEAS COURT VICTOR IN THE COURT OF CC~9~N PLEAS OF VS. C~MBER~ COt~, P~e~YLVANIA P~%~SYLVANIA DEPARTMenT OF CORRECTIONS AND C~%~RNWEALTH No. 01-2575 Civil Term OF P~T4SYLVANIA THE COURT OF ~ PLEAS OF Mf~FII~ERY COUNTY, P~4SYLVANIA Please acknowledge receipt of this case by signing and dating this docunent. RECORD R~CEIVED: Date: (signature & title) sHERIFF'S RETURN - oUT OF coUNTY cASE NO: 2001-02575 P coMMONWEALTH OF pENNsYLVANIA: CoUNTY OF cUMBERLAND coRTEZ vICTOR VS p~A DEPTMENT OF CoRREC~TIO~NS~- , sheriff or Deputy sheriff who being R. Thomas Klin~ -- duly sworn according to law, sayS, that he made a diligent search and and inquiry for the within named DEFENDANT, to wit: COMMONWEALTH OF PENNSYLVANIA _ C O ATTORNEY GENERAL -- but was unable to locate T__hem in his bailiwick. He therefore deputized the sheriff of pHiLADELPHIA _ County, pennsylvania, to serve the within WRIT OF SUMMONS On ~ ~9th , 2002 , this office waS in receipt of the . attached return from pHiLADELPHIA - ... So answers: .--'" Sheriff' s CostS: 6.00 Docketing " Out of county 9.00 ~ne County 10.00 sheriff of cumberland Surcharge 116.00 Dep philadelphia .00 04/19/2002 sEMNOFF ORMSBY GREENBERG Sworn and subscribed to before me this /~ day of ~~ - ~o 2- _ A.D. -"~"$ RETURN REGULAR ~U01'02575 p - VS ~, Sheriff Cumberland County, Pennsylvania, or Deputy Sheriff of says, the Within who being duly SWorn according to /aw, PENNSYLVANIA DEPARTM~F2/T OF ~- Was served  Upon ~ ' ~ the DEFE~ at ~ ~OURs, On the at 55 ~LEY ~P HILL, PA 1701~ ~~ by handin~ to J~IEER SC~E, CLERK a true and attested copy o~~ ~ together with and at the same time directg~ attention to the contents thereof. Sheriff's Costs: Docketing 18.0( So Answers: Affidavit .0( Surcharge 10 0( 0( ~- Th~ s6.6 4/ 9/2002 :E~OFF O~S~GREENBER~ Sworn and Subscribed to bef( me this /~ day of  ~' A.D. P~o~honotary '