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Home My WebLink About05-0424COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL BY: JAMES J. NICOLO DEPUTY ATTORNEY GENERAL IDENTIFICATION NO. 65686 2490 Boulevard of the Generals Norristown, PA 19403 (610) 631-5980 os-gay C ul'L`T ATTORNEY FOR: Commonwealth Party 2004-279 3 S-(a iU6 shpulation Mont'gomery County Prothonotary William E Donaelty Tue,(bv, December 11, 100 10 -'1 00 AM David Daniel Schell COURT OF COMMON PLEAS MONTGOMERY COUNTY Plaintiff V. Commonwealth of Pennsylvania, Department of Corrections No. 04-27935 JURY TRIAL DEMANDED Defendant STIPULATION TO TRANSFER VENUE It is hereby AGREED and STIPULATED to by Daniel J. O'Brien, Esquire of White and Williams, LLP, counsel for Plaintiff, David Daniel Schell, and James J. Nicolo, Deputy Attorney General, counsel for Defendant, Commonwealth of Pennsylvania, Department of Corrections, that the above case is transferred to Cumberland County upon payment of costs by Plaintiff. ?Z Date Daniel J O rien, Esquire White LrA'Williarns, LLP Date J s J. Nicol , DAG less of Attorney General (1-me y: 441? MONTGOMERY COUNTY COURTHOUSE PROTHONOTARY PO BOX 311 NORRISTOWN, PA. 19404-0311 Date: January 3, 2005 DAVID DANIEL SCHELL Case #:04-27935 Vs COMMONWEALTH OF PA BY ORDER OF THE COURT, DATED December 14, 2004 THE ABOVE MATTER HAS BEEN TRANSFERRED TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. I AM ACCORDINGLY SENDING YOU HEREWITH CERTIFIED COPIES OF DOCKET ENTRIES AND ALL RECORD PAPERS. I WILL APPRECIATE YOUR ACKNOWLEDGING RECIEPT THEREOF. VERY TRULY YOURS, PEA S LERK ENCLOSURE N CJ? W :j ca ?• 1 n ?.seo n CERTIFIED MAII.NO.7903-2260-0005-1424-0541 Montgomery County Prothonotary Public Access G Case Info r Docket Info r Both Prothonotary, Montgomery County, PA Case Information Case Serial No: 2004.27935 Case Status: Civil Case Type: COMPLAINT-CIVIL ACTION Date Commenced: Date Last Docket: 113/2005 10:28:00 AM Remark: Judges Name: FURBER Parcel: Party Names: Type Name Address Defendant PENNA T OF D I D CT NS COR H CA oOO 598 FA I Plaintiff DAVID DANIEL SCHELL 5706 GLADES PIKE SOMERSET,PA 15501 Judgments: Defendant Plaintiff Date Amount Attorney and Co-Counsel: 2 10119/2004 Page 1 of 1 PartyName Type A orney Attttoreney gttorney Address PENNA T OF Attorney 65688 CORRCTNS NICOLA DAVID DANIEL DANIELJ 1650MA.RKETSTREET, SCHELL n n OBRIEN SUITE 1800 PHILADELPHIA, PA 91037301 http://meweb/prothyViewer/PiintableDocumentDetail.aspx 01/03/2005 Montgomery County Prothonotary Public Access Prothonotary, Montgomery County, PA Document List Ca"Qock% Date/Time Description Docket 2004-27935-0000 10/191200410127:00 AM (80)COMPLAINT-CIVIL ACTION 2004-27935-0001 1113/200412:29'.00 PM (164)Sewed DEFT PENNA DEPT OF CORRECTIONS ON 10/27/04 2004-27935-0002 11129/2004 91900 AM (34)Entry of Appearance JAMES J NICOLO ESO FOR DEFT PENNA DEPT OF CORRECTIONS 2004-27935-0003 11/29120049:19:00 AM (55)Demand for Jury Trial by DEFT 2004-27935-0004 11129/2004 9:19:00 AM (226)Certification OF SERV OF ENTRY OF APPEAR & JURY DEMAND SENT ON 11122104 2004-27935-0005 1113012004 11:51:00 AM (162)P(aecipe for Reinstate Complaint 2004-27935-0006 12114120041023:00 AM (188)Stipulation TO TRANSFER VENUE TO OUMBERLAN GO 2004-27935-0007 1211412004 10:24:00 AM (226)Cedifioation OF SERV OF STIP TO TRANSFER VENUE ON 1219104 2004-27935-0008 12117(200412:57:00 PM (87)Not Found as to I AATTITYY NE O RAL PA (RETURN E PAPERS TO FEE) NO DA Page 1 of 1 E? 7' nr 1-D7 OF TNP t;Gi'vni GM PLUS, tl ONTGO?vlcRY COUNTY, SPA. INiLUAM E. DON' LL' ROTtiONOT^ DATE f--n? CLEiii IJ http://mcweb/prothyViewer/PrintableDocumentList.aspx 01/03/2005 C-)) 150 WHITE AND WILLIAMS LLP BY: DANIEL J. O'BRIEN, ESQUIRE IDENTIFICATION NO.: 41159 Attorneys for Plaintiff 1800 ONE LIBERTY PLACE PHILADELPHIA, PA 19103 (215) 864-7168 DAVID DANIEL SCHELL SCI Laurel Highlands 5706 Glades Pike Somerset, PA 15501-00631 COURT OF COMMON PLEAS MONTGOMERY COUNTY vs. THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS 2520 Lisburn Road P.O. Box 598 Camp Hill, PA 17001 ial1 NO.: Oq-a7935 CIVIL ACTION COMPLAINT NOTICE 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 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. MONTGOMERY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 100 West Airy Street P.O. Box 268 Norristown, PA 19404 Telephone: (610) 279-9660 DOCS_PH 1647078v1 WHITE AND WILLIAMS LLP BY: DANIEL J. O'BRIEN, ESQUIRE IDENTIFICATION NO.: 41159 1800 ONE LIBERTY PLACE PHILADELPHIA, PA 19103 (215) 864-7168 DAVID DANIEL SCHELL SCI Laurel Highlands 5706 Glades Pike Somerset, PA 15501-00631 VS. THE COMMONWEALTH OF PENNSYLVANIA, Attorneys for Plaintiff I IINII 11111 INII IIIII Illll Ilill hill INII INN IIVVI IIN1 INII I1NI INI IIII 1,141 2793>_000u l ?'.+inphcinl ?'icil Aclinu Vt'1dg0111dA i1( ull" Pig+I hcmohu}' Willtaw I I)onnelk. -Cue cloy. `(Johei 12'(4111 :7.Oi1 rVtvL COURT OF COMMON PLEAS MONTGOMERY COUNTY DEPARTMENT OF CORRECTIONS 2520 Lisburn Road P.O. Box 598 ) L 79 36 Camp Hill, PA 17001 NO.: `k CIVIL ACTION COMPLAINT 1. Plaintiff is an adult individual currently residing at SCI Laurel Highlands, 5706 Glades Pike, Somerset, PA 15501-00631. 2. Defendant Commonwealth of Pennsylvania, Department of Corrections is a department or administrative division of the Commonwealth of Pennsylvania, which owns, possesses, maintains, services and repairs the state correctional facility located at Camp Hill, Pennsylvania ("the prison"). 3. The instant suit is brought pursuant to the Pennsylvania Sovereign Immunity Act, specifically 42 Pa. C.S.A. §8522. This case arises out of a dangerous condition of real property owned and/or possessed by the Commonwealth of Pennsylvania, Department of Corrections. 4. On or about 6/8/04, plaintiff was an inmate at the prison. DOCS_PH 1639724vI 5. Plaintiff's work assignment at the prison required him to inspect, service and repair the prison's power plant, including the boilers located within the prison's power plant. 6. On 6/8/04, while plaintiff was inspecting the No. 3 boiler at the above-referenced location, he was caused to suffer severe, disabling, disfiguring painful permanent injuries in- cluding extensive second and third degree burns, when superheated water suddenly and without warning back-fed into the No. 3 boiler which was at that time depressurized, due to a dangerous condition of the boiler system, which constituted a fixture within the prison ("the accident'). 7. The accident and resulting injuries have required plaintiff to undergo painful and extensive surgical, therapeutic and rehabilitative treatment and therapy, including skin grafting. It is reasonably expected that plaintiff will require further such treatment, care and therapy indefinitely into the future, to plaintiff s great economic detriment. 8. The accident and resulting injuries have in the past, and will in the future, cause plaintiff to suffer severe physical and psychological pain and suffering, embarrassment, anxiety, a loss of life's pleasures and an inability to pursue his usual and customary activities of daily living, hobbies and pursuits. 9. The accident and resulting injuries have caused plaintiff to suffer a loss of income and/or a loss of earning capacity. 10. The accident and injuries have caused plaintiff to suffer significant and extensive permanent disfigurement. COUNTI PLAINTIFF V. DEFENDANT 11. Paragraphs 1-10 above are incorporated by reference as though fully set forth. -2- DOCS_PH 1639724v1 12. The accident and resulting injuries were caused by a dangerous condition of real property owned by the Commonwealth of Pennsylvania, Department of Corrections, specifically a dangerous, defective boiler which constituted a fixture upon defendant's real property. 13. Defendant is subject to liability pursuant to 42 Pa. C.S.A. §8522(b)(4). 14. Plaintiff has complied with the notice requirements of the Pennsylvania Sovereign Immunity Act. A copy of the written notice supplied to the Commonwealth is attached as Exhibit «A„ WHEREFORE, plaintiff demands judgment in his favor and against defendant in an amount in excess of $50,000. WHITE AND WILLIAMS LLP Attorneys for Plaintiff By D IEL J. O'BRIEN -3- DOCS_PH 1639724v1 VERIFICATION David Daniel Schell, states that subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities, that he is a plaintiff in the foregoing matter and that as such he is authorized to make this Verification on his own behalf and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of his knowledge, information and belief. 1 DAVID DANIEL SCHELL DOCS_PH 14695770 White and Williams LLP NW 1800 One Liberty Place Philadelphia, PA 19103-7395 Phone: 215.864.7000 Fax: 215.864.7123 Daniel J O'Brien Direct Dial: 215.864.7168 Direct Fax: 215.789.7668 obriend@whiteandwilliams.com August 6, 2004 Jeffrey A. Beard, Ph.D Secretary of the PA. Dept. Of Corrections 2520 Lisburn Road P.O. Box 598 Camp Hill, PA 17001 Attorney General PA Civil Law Division Western Regional Office 6th Floor Manor Complex 564 Forbes Avenue Pittsburgh, PA 15219 RE: Notice of Claim Against Governmental Unit Claimant Name - David Daniel Schell Dear Gentlemen: Please be advised that I represent a gentleman named David Daniel Schell. The purpose of this letter is to place the Commonwealth on notice of Mr. Schell's claims pursuant to 42 Pa. C.S.A. §5522. David Daniel Schell was injured while an inmate at the State Correctional Institute at Camp Hill. Mr. Schell is the only individual to whom a cause of action has accrued as a result of the subject accident. At the time of the accident, Mr. Schell was an inmate at the State Correctional Institute at Camp Hill. He currently resides at Graterford Prison in Montgomery County, PA. The accident occurred on 6/8/04. The exact time of the accident is unknown, but prison officials "at Camp Hill certainly are aware of the time that the accident occurred. The accident occurred at the 43 boiler in the power plant area of the prison. Mr. Schell's attending doctors are all located at the Lehigh Valley Hospital, where Mr. Schell was taken following the accident. Please appoint an attorney to represent the Pennsylvania Department of Corrections in this matter, and have that attorney contact me as soon as possible. Very truly yours, WHITE AND WILLIAMS LLP By: Daniel J. O'Brien Allentown, PA • Cherry Hill, NJ • New York, NY • Paoli, PA Paramus, NJ • Philadelphia, PA • Pittsburgh, PA • Wilmington, DE MONTGOMLRY COUNTY SHERIFF'a DEPARTMENT ORDER FOR SERVICE Please prepare a separate request for service form for each defendant to be served by the Sheriff b To: Sheriff John P. Durante Date: /,,?7 t2 171 Montgomery County Court HP.O. Box 311 Pfothonotary No. O'f-? Norristown, PA 19401-031 CL? Phone: 610-278-3331 Fax: 610-278-3832 Sheriff's Cost: Attorney's or Plaintiff's Name and Address: ® Civil Action ? Writ of Execution Levy ? Confessed Judgment ? Writ of Execution Attachment Daniel J. O'Brien, Esquire ? Complaint in Ejectment ? Writ of Execution Garnishee WHITE AND WILLIAMS LLP El Posting El writ of seizure 1800 One Liberty Place Philadelphia, PA 19103 ? Writ of Possession ? Impoundment ? Other: ? Court Order IN IN 111111111111 IN In 11111111 ATTY: ID# 41159 Telephone # (215) 864-7168 2004-2 793 5-000 1 David Daniel Schell Served F01 Monlgomety County Prothonotarv William E Donnelly Plaintiff PEI....,.. Wednesdav.NovemhtT03,200412:29:00PM vs RELATIONSHIP/POSITION The Commonwealth of Pennsylvania, Department of PLACE OF SERVICE Corrections DATE OF SERVICE TIME OF SERVICE Defendant NUMBER OF ATTEMPTS DEPUTY Service Upon: The Commonwealth of Pennsylvania, DUPUTY Department of Corrections 2520 Lisburn Road LAST DAY FOR SERVICE Camp Hill, PA 17001 LOCATION MUST HAVE VALID ADDRESS OR DIRECTIONS - SERVICE NOT MADE BECAUSE: DATE: TIME: DEPUTY: DEPUTY: ? NO SERVICE ? BAD ADDRESS ? UNKNOWN AT ADDRESS ? NEED BETTER ADDRESS ? MOVED ? BUILDING VACAN ? ADDRESS OUT OF COUNTY ? OTHER: O cn? POSSESSION TAKEN: ? DATE: TIME: DEPUTY: DEPUTY: - rnr, ATTEMPTED-SERVICE DATE & TIME: y!^, SUPERVISOR APP G.7 L 2C? C 1. W do I?Elu a r_c7e S U ..,P 11°, ?J:in y? ul ?? 4 Mtn r` Sheriff $/4001 Advance enclosed DOCS PH 1564819vl SHERIFF'S RETURN - REGULAR CASE NO: 2004-0074'/ T COMMON?IEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVID DANIEL VS COMM OF PA DEPT OF CORRECTIONS VALERIE WEARY was served upon Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE COMM OF PENNSYLVANIA DEPT OF CORRECTIONS DEFENDANT the at 0014:51 HOURS, on the 27th day of October , 2004 at 55 UTLEY DRIVE CAMP HILL, PA 17011 KRISTINA LEBO (CLERK II a true and attested copy of NOTICE COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.36 2. 0 .to .100 30.V6 Sworn and Subscribed to be me this If, day of DU2J ber-(ZUV A.D. ` J J/r Afotarary by handing to , Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 10/28/2004 WHITE & WILLIAMS By: 11"L,- Deputy Sheriff SMITH NOTARY SEAL ,0 SMITHOTARY PUBLIC Cal 181a r0, C,Numberland County My 60mmission Expires April 4, 2005 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL BY: JAMES J. NICOLO DEPUTY ATTORNEY GENERAL IDENTIFICATION NO. 65686 2490 Boulevard of the Generals Norristown, PA 19403 (610) 631-5980 David Daniel Schell Plaintiff V. Commonwealth of Pennsylvania, Department of Corrections Defendant ATTORNEY FOR: Commonwealth Party COURT OF COMMON PLEAS MONTGOMERY COUNTY No. 04-27935 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned case on behalf of Commonwealth of Pennsylvania, Department of Corrections. Respectfully submitted, GERALD J. PAPPERT Attorney General J es J. Nicolo Deputy Attorney General Date: November 22, 2004 pppp pp?? ??WWnn?? xxNN ??ryry??ryryryry ??ryry ryryy????mm ??I?I ??? ? ? ??IN ??I NNI ?HII ?WI IIM ?IIN ? 1111111 ?? 2004-27935-0002 Vnlry of Appearance q'k Montgomen County Prothonotary William E Donnelly Mondav, November 29, 2004 MOO) AM ?ti? COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL BY: JAMES J. NICOLO DEPUTY ATTORNEY GENERAL IDENTIFICATION NO. 65686 2490 Boulevard of the Generals Norristown, PA 19403 (610) 631-5980 David Daniel Schell ATTORNEY FOR: Commonwealth Party COURT OF COMMON PLEAS MONTGOMERY COUNTY Plaintiff V. Commonwealth of Pennsylvania, Department of Corrections No. 04-27935 JURY TRIAL DEMANDED Defendant DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: The undersigned hereby demands a trial by jury of twelve. Date: November 22, 2004 Respectfully submitted, GERALD J.PAPPERT Attorney General James J. Nicolo Deputy Attorney General IIN0NN II1 III III INN IINI NN I1 I1 INN IN IIN 2004-27935-0003 Dmand for Jury Trial by Montgomery County Prothonotary William E Donnelly Mondav, November 29, 2004 09:19:00 AM -COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL BY: JAMES J. NICOLO DEPUTY ATTORNEY GENERAL IDENTIFICATION NO. 65686 2490 Boulevard of the Generals Norristown, PA 19403 (610) 631-5980 ATTORNEY FOR: Commonwealth Party David Daniel Schell COURT OF COMMON PLEAS MONTGOMERY COUNTY Plaintiff V. Commonwealth of Pennsylvania, Department of Corrections No. 04-27935 JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, James J. Nicolo, Deputy Attorney General, do hereby certify that a true and correct copy of the within Defendant, Commonwealth of Pennsylvania, Department of Corrections', Entry of Appearance and Jury Demand, were mailed on November 22, 2004, by First Class mail, postage prepaid to: ???WI??IIIINN?NNNNI???IIIIII???I??III?????INI????II????U Daniel J. O'Brien, Esquire 2004-27935-0004 White and Williams, LLP cer<ifioation 1800 One Liberty Place Montgomery, County Prothonotary )' William E Dorinelk Philadelphia, PA 19103 Mmhd p, Nowmber29, 2004 69: i 9:00 AM Respectfully submitted, GERALD J.PAPPERT Attorney General z Ja es J. Nicolo Deputy Attorney General Date: November 22, 2004 WHITE AND WILLIAMS LLP BY: DANIEL J. O'BRIEN, ESQUIRE IDENTIFICATION NO.: 41159 1800 ONE LIBERTY PLACE PHILADELPHIA, PA 19103 (215) 864-7168 DAVID DANIEL SCHELL VS. THE COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS Attorneys for Plaintiff COURT OF COMMON PLEAS MONTGOMERY COUNTY NO.: 04-27935 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint. WHITE AND WILLIAMS LLP Attorneys for Plaintiff By _ D .O'BRIEN IIIIN IIN INI III III IIII III IIII IINI NN III IIII NII ?I III 20forRei tatcC' ain[ Montg Plraecipe (or Reinstate Complnotary omounty Protho t'011111 L nelly Tuesday, November 30, 2004 11:51:00 AM COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL BY: JAMES J. NICOLO DEPUTY ATTORNEY GENERAL IDENTIFICATION NO. 65686 2490 Boulevard of the Generals Norristown, PA 19403 (610) 631-5980 ATTORNEY FOR: Commonwealth Party 2_1104-27935-11007 CortiLcaliou Movtgomwy C( uldy l'rotttonolxy wilfiam R Drmnelk Tuesday. December 1 1, ;i!0-1 11101.00 AM David Daniel Schell COURT OF COMMON PLEAS MONTGOMERY COUNTY Plaintiff V. Commonwealth of Pennsylvania, Department of Corrections No. 04-27935 JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, James J. Nicolo, Deputy Attorney General, do hereby certify that a true and correct copy of the within Defendant, Commonwealth of Pennsylvania, Department of Corrections', Stipulation to Transfer Venue, was mailed on December 9, 2004, by First Class mail, postage prepaid to: Daniel J. O'Brien, Esquire White and Williams, LLP 1800 One Liberty Place Philadelphia, PA 19103 Respectfully submitted, GERALD J.PAPPERT Attorney General James J. Nicole Deputy Attorney General Date: December 9, 2004 MONTGOMExY COUNTY SHERIFF'br DEPARTMENT ORDER FOR SERVICE Please prepare a separate request for service form for each defendant to be served by the Sheriff To: Sheriff Join Durante Date: 4-? Montgom County Court House P.O. Bo 311 Prothonotary No. 04-27935 Norrist n, PA 19401-0311 Phon 610-278-3331 Fax: 610-278-3832 Sheriff's Cost:' Attorney's or Plaintiff's Name and Address: 0 Civil Action ? Writ of Execution Levy ? Confessed Judgment ? Writ of Execution Attachment Daniel J. O'Brien, Esquire ? Complaint in Ejectment ? Writ of Execution Garnishee White and Williams LLP 1800 One Liberty Place ? Posting ? Writ of Seizure Philadelphia, PA 19103 ? Writ of Possession ? Impoundment ? Other: ? Court Order ATTY: ID# 41159 Telephone # (215) 864-7168 DAVID DANIEL SCHELL FOR SHERIFF USE ONLY - SHERIFF'S RETU Plaintiff PERSON SERVED vs. RELATIONSHIP/POSITION PLACE OF SERVICE THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS DATE OF SERVICE TIME OF SERVICE Defendant NUMBER OF ATTEMPTS DEPUTY Service Upon: Attorney General PA LOCATION MUST HAVE VALID ADDRESS OR DIRECTIONS DEPUTY ( ) LAST DAY FOR SERVICE ,Z Civil Law Division -West Regional Office 6'6 Floor Manor Complex Kindly have deputized service in Allegheny Coun 564 Forbes Avenue C Pittsburgh, PA 15219 VICF NnT eennC'AUSE: SER ?p 11111111111011111111I?INI11111111111111111111 DATE: DEPUTY: ? NO SERVIC 2004-279 3 5-9008 DRESS ? NEED BETTER ADDRESS ? MOVED Not Found as to Montgomcrv County Prothonotary -COUNTY ? OTHER: William E Donnelly Dcrembet 17, 200412:57:00 FndaV , QaOIU N I AKEN: O DATE: TIME: DEPUTY: DEPUTY: x ATTEMPTED SERVICE DATE & TIME: t 2:,r- VISOR APPF,,OVAL' Y "_' - Cn h n r ^+, m:,r,, to Fx 1te and made a return cn t c e I , o Ir', 1 l r u,:?y of ?, sllan,t 30y-? s,566 _ Advance enclosed DOCS_PH 1668415vI r m `v^T X1.7 Nz? `Z^ J IA:4, U'lk Cr, v r ? Qti L?? ` ILYi 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 dgoodemote@attorneygeneral.gov DAVID DANIEL SCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS Defendant : NO. 05-424 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Commonwealth of Pennsylvania, Department of Corrections, in regard to the above case. 1ANI L ODEMOTE Senior Deputy Attorney General #30486 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: Daniel J. O'Brien, Esquire White & Williams, LLP 1800 One Liberty Place Philadelphia, PA 19103 ANIEL . GOO EMOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: alml bs 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 dgoodemote@attorneygeneral.gov DAVID DANIEL SCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS Defendant : NO. 05-424 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: THOMAS W. CORBETT, JR. Attorney General BY: ANIEL R. G ODEMOTE Senior Deputy Attorney General #30986 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 dgoodemote@attorneygeneral.gov DAVID DANIEL SCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION- LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS Defendant : NO. 05- ANSWER AND NEW MATTER OF DEFENDANT, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Commonwealth of Pennsylvania, Department of Corrections, and files the following Answer and New Matter to Plaintiff s Complaint. Admitted. Admitted that Defendant Commonwealth of Pennsylvania, Department of Corrections (Department of Corrections), is a department of the Commonwealth of Pennsylvania which has responsibility for operating the state correctional facility located at Camp Hill, Pennsylvania (SCI-Camp Hill). Denied as a legal conclusion to which no responsive pleading is required. 4. Admitted. Admitted. 6. It is admitted that on June 8, 2004, Plaintiff was working on the Number 3 boiler at SCI-Camp Hill. It is admitted that he received burns to the right side of his body from hot water discharged by the boiler. The remaining allegations of paragraph 6 are denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 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 generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. COUNTI 11. Requires no answer. 12. These allegations are denied generally pursuant to 1029(e) of the Pennsylvania Rules of Civil Procedure. 13. Denied as a legal conclusion to which no responsive pleading is required. 14. Denied as a legal conclusion to which no responsive pleading is required. WHEREFORE, Defendant Commonwealth of Pennsylvania, Department of Corrections demands judgment in its favor and against the Plaintiff. 2 NEW MATTER 15. 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. 16. This action is not within any of the exceptions to immunity as set forth in 42 Pa. C.S. §8522, and therefore is barred. RESPECTFULLY SUBMITTED: THOMAS W. CORBETT, JR. ATTORNEY GENERAL BY. /Lao IEL R. GO E OTNf E Senior Deputy Attorney General 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 unswom falsification to authorities for any false statements knowingly made herein. ANIEL R. GOODEMOTE SR. DEPUTY ATTORNEY GENERAL #30986 DATED: 3 I- I OS- 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: Daniel J. O'Brien, Esquire White & Williams, LLP 1800 One Liberty Place Philadelphia, PA 19103 ANIEL R. G O MOTE Senior Deputy Attorney General #30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717)783-314 DATED: 3 ???5 WHITE AND WILLIAMS LLP BY: DANIEL J. O'BRIEN, ESQUIRE IDENTIFICATION NO.: 41159 1800 ONE LIBERTY PLACE PHILADELPHIA, PA 19103 (215) 864-7168 DAVID DANIEL SCHELL VS. THE COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS Attorneys for Plaintiff COURT OF COMMON LEAS CUMBERLAND CO Y NO.: 05-424 PLAINTIFF'S REPLY TO NEW MATTER 15 & 16. Denied as conclusions of law. WHEREFORE, plaintiff demands judgment in his favor on all claims action. WHITE AND WILLIAMS Attorneys for Plaintiff By J. O'BRIEN in this DOCS_PH 1700131v1 VERIFICATION Daniel J. O'Brien, Esquire, states that subject to the penalties of 18 C.S. §4904 relating to unsworn falsification to authorities, that he is the attorney for the pl?intiff in the foregoing matter and that as such he is authorized to make this Verification on hcT behalf and that the facts set forth in the foregoing Reply to New Matter are true and correct to tINe best of his knowledge, information and belief. J. O'BRIEN DOCS_PH 1469577v1 ?-? G? t> -,: , VY c.; ? i ? .-r -g-?,i' 7x' t1l .-? •ix? ?-- :=? c? r; y r_ i? w1 Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberla ntl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor - y.2q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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-F571