The URL can be used to link to this page

Home My WebLink About02-0221CHARLES CAROTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO: _aa r CUMBERLAND COUNTY and, EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at one Courthouse Square, Carlisle, Pennsylvania. Date: January 16, 2002 To The Above Named Defendant: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS Cumberland County One Courthouse Square Carlisle, PA 17013 Earl Reitz, Warden 1101 Claremont Road Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF COMMENCED AN ACTION AGAINST YOU. /? ?, kz Date: 00C - By: Deputy 913 ' vu ? ` _ ,T C5) j z _ 7. }G( C l? -t7 ?: SHERIFF'S RETURN - REGULAR t , CASE NO: 2002-00221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAROTHERS CHARLES VS CUMBERLAND COUNTY ET AL SGT. DAVID ZEIGLER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND COUNTY DEFENDANT the at 1155:00 HOURS, on the 28th day of January , 2002 at ONE COURTHOUSE SQUARE ISLE, PA 17013 by handing to JANET WALTERS, PARALEGAL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this day of A. D. Prothonotary' So Answers: R. Thomas Kline 01/28/2002 KARL ROMINGER By: &,ell r' Deputy riff CASE NO: 2002-00221 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAROTHERS CHARLES VS CUMBERLAND COUNTY ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REITZ EARL the DEFENDANT at 1332:00 HOURS, on the 28th day of January 2002 at WARDEN OF CUMB CO PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to EARL REITZ, WARDEN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before meyy this day of J ogu ,2-? A.D. Prothonotary So Answers: R. Thomas Kline i 01/28/2002 KARL ROMINGER By: Deputy S eriff 1: DEVLIN & DEVINE By: William J. Devlin, Jr., Esquire Identification No. 42717 100 West Elm Street - Suite 200 Conshohocken, PA 19428 (610) 397-4600 CHARLES CAROTHERS, VS. CUMBERLAND COUNTY and EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON Attorney for Defendants, Cumberland County, Earl Reitz, Warden and Cumberland County Prison JN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PA :CIVIL ACTION - LAW :NO. 02-221 Civil :JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, Cumberland County, Earl Reitz, Warden, and Cumberland County Prison in the above-captioned matter. DEVLIN & DEVINE WILLIA . DEVIN, JR., QUIRE Attorney for Defendants, Cumberland County, Earl Reitz, Warden, and Cumberland County Prison DEVLIN & DEVINE By: William J. Devlin, Jr., Esquire Identification No. 42717 100 West Elm Street - Suite 200 Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants, Cumberland County, Earl Reitz, Warden and Cumberland County Prison CHARLES CAROTHERS, vs. CUMBERLAND COUNTY and EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PA :CIVIL ACTION - LAW :NO. 02-221 Civil :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, William J. Devlin, Jr., Esquire, hereby certify that a true and correct copy of the foregoing Entry of Appearance was forwarded to the parties listed below this 26th day of March, 2002 via United States' first class mail, postage prepaid: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 DEVLIN & DEVINE 'WILLIAM J. DEVLIN, ., ESQUIRE Attorney for Defendants, Cumberland County, Earl Reitz, Warden and Cumberland County Prison n cLL ,;, c. Cl, aL. ? -J DEVLIN & DEVINE By: William J. Devlin, Jr., Esquire Identification No. 42717 100 West Elm Street - Suite 200 Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants, Cumberland County, Earl Reitz, Warden and Cumberland County Prison CHARLESCAROTHERS V. CUMBERLAND COUNTY and EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON COURT OF COMMUN FLLA?) CUMBERLAND COUNTY, PA NO. 02-221 Civil JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule on plaintiff in the above-entitled matter to file a Complaint within twenty (20) days or suffer judgment of non pros. DEVLIN & DEVINE Date: / /--5'OZZ i iam ev. m, Jr., Esquire Attorne r Defendants, Cumberland County, Earl Reitz, Warden and Cumberland County Prison RULE TO FILE COMPLAINT TO THE WITHIN PLAINTIFF: AND NOW this L day of t)ocjp 2002, plaintiff is hereby ruled to file a Complaint within twenty (20) days or suffer an entry of non pros. P THON TARY DEVLIN & DEVINE By: William J. Devlin, Jr., Esquire Identification No. 42717 100 West Elm Street - Suite 200 Conshohocken, PA 19428 (610) 397-4600 CHARLES CAROTHERS V. CUMBERLAND COUNTY and EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON Attorney for Defendants, Cumberland County, Earl Reitz, Warden and Cumberland County Prison COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-221 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, William J. Devlin, Jr., Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint was forwarded to the parties listed below this J?hay of , 2002 via United States first class mail, postage prepaid: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 DEVLIN & DEVINE '14A1111L t411Yin, k /-I William J. Devlin, Jr.,'IYsqAire Attorney for Defendants, Cumberland County, Earl Reitz, Warden and Cumberland County Prison C> o n c. r -ei 4 x _a t? i-; c73 CHARLES CAROTHERS, Plaintiff VS. CUMBERLAND COUNTY and, EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 02 - 221 : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 CHARLES CAROTHERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW :NO: 02 - 221 CUMBERLAND COUNTY and, EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON Defendants : JURY TRIAL DEMANDED COMPLAINT And now comes Plaintiff by and through his Counsel Karl E. Rominger, Esq. and avers in support of his complaint as follows: 1. Plaintiff is an adult individual who was residing in the Cumberland County Prison at all times relevant. 2. Defendants are the Cumberland County Prison, the Warden & the County itself. 3. On or about approximately January 17, 2000 Plaintiff was at playing chess in the common area of his cell block. 4. Another inmate came up to him, and poured scalding hot water on him. 5. The hot water was held in a pot specially provided by prison officials to heat the water for inmate use. 6. The Cumberland County prison holds and detains inmates of known violent propensities and dispositions, and Plaintiff was housed with such individuals. 7. Upon information and belief the County and/or the prison officials were aware that inmates modified or temporary disabled the thermostats on the hot pots, to make the water so hot as to bring it to a boil, and thus to become a weapon. 8. Allowing prison conditions to exist such as that scalding water was available to known dangerous individuals was a violation of Plaintiffs 8" and 14' Amendment rights. 9. As a direct and proximate result of these unconstitutional conditions and interferences, Plaintiff was harmed. 10. Plaintiff was burned badly, and suffers permanent scares. 11. Plaintiff suffered so as to need medical care, and had pain and suffering at all times relevant, and continues to suffer because of the scars. COUNT I - 42 USC 1983 ACTION 12. Previous paragraphs are incorporated by reference, as if more fully set out herein. 13. The warden and other prison officials were agents and employees of the county of Cumberland. 14. All Defendants were acting under their authority, and in their capacity as goverment officials and agents and / or entities. 15. The Warden who maintained the prison was acting with authority vested in him by Cumberland County, which is a political subdivision of the Commonwealth of Pennsylvania, and thus was acting under the color of state law. 16. The Warden and prison officials, upon information and belief, had previously known that the inmates caused the water pots to reach roiling boils. 17. Cumberland County exhibited a reckless or deliberate indifference to the actions of its prison and prison officials, and took no action to remedy the problem nor did Cumberland County or prison officials promulgate effective policies to remedy the matter. 18. The warden and prison officials, in the course of their employment, by their actions previously described, did deprive Plaintiff of his rights and protections under the United States Constitution, including the 14' Amendment, and the 8" Amendment. 19. Plaintiff suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of defendants' actions, which will be proven at trial. WHEREFORE Plaintiff requests judgement in his favor and against defendants for an amount in excess of the statutory limits of compulsory arbitration, along with costs, interest, and attorney"s fees. COUNT II - NEGLIGENCE 20. Previous paragraphs incorporated by reference. 21.Defendants were negligent in the following ways under state law: a. Leaving hot water were inmates could reach it without supervision or control b. Allowing inmates to defeat the heat thermostats to bring the water to a boil. C. Allowing known dangerous persons access to boiling water in a prison common area. D. Failing to guard, protect or control boiling hot water in a prison environment. E. Providing electrical heating elements to prisoners. F. Otherwise generally negligent for reasons to be shown at trial. 22. As a direct and proximate result of the aforesaid negligence Plaintiff was damaged as more fully set forth in the previous paragraphs. WHEREFORE Plaintiff requests judgement in his favor and against defendants for an amount in excess of the statutory limits of compulsory arbitration, along with costs, interest, and attorney's fees. Date: February 25, 2003 Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-0070 CHARLES CAROTHERS, Plaintiff vs. CUMBERLAND COUNTY and, EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO: 02-221 JURY TRIAL DEMANDED I am the attorney for Plaintiff, and after reasonable investigation, and based upon the information known to me, I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: February 25, 2003 Karl E. Rominger, Esq. CHARLES CAROTHERS, Plaintiff vs. CUMBERLAND COUNTY and, EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 02 - 221 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Karl E. Rominger, Esquire, attorney for the Plaintiffs, do hereby certify that I this day, February 25, 2003, served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: William J. Devlin, Esq. 100 West Elm - Suite 200 Conshohocken, PA 19428 r ii CHARLES CAROTHERS, Plaintiff V. CUMBERLAND COUNTY and EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-221 JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, intends to proceed with the above captioned matter Respectfully Submitted Rominger & Whare it Date: October 10, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff CHARLES CAROTHERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 02-221 CUMBERLAND COUNTY and EARL REITZ, WARDEN of the CUMBERLAND COUNTY PRISON, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Statement of Intention to Proceed upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: William J. Devlin, Jr., Esquire DEVLIN & DEVINE 100 West Elm Street, Suite 200 Conshohocken, Pennsylvania 19428 Respectfully Submitted Rominger & Whare Date: October 10, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff C": -? C 7 r i r? --ter .. u ' Iv Curtis R. Long Prothonotary office of the protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM j ,2 ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573