Loading...
HomeMy WebLinkAbout05-3455?cx?x-t Ok- c cv?vv?a1 4'14c of C IADU- d vEcasl i?t"zwl?ca? a a ,?k c Go"uknn5,c,.o.Nv?oFS, V\cw•?loztn 05 J q 5 ,'n C-CU -. 3 -p? ?- u? t'?'? a? t c? a ?l nS? h? ?WC rrutz+47A- is achon *z, rj? and n 6a ary, ?) rt)Mt b y, { :;rat ©c ?n? att?f a - SL 41& r? gym (` b F, ` 10 erg n 010 Y", y Paz Luc 1a1 ?? c a? ?rx r dc? C2c S a' x A? ?-o' ?m c?;sl Vl Pwuf o_nck. W,rkAi \;% -Vim' ctlu -? cul-Nne6+ k-L Y (%' acs ac,iA c4,6- ctn.\•m (!"f q Mnj © s ec)r CA-htf- r *x.x cs6mt 4L AA,tis nc 66?-, C'- 1 'v cc CCMI s?.k b&= (?krj m oc k?l he n?. ?(1t t lG£ ?nn a,t Y1lC ? f jf?YL3T" f3fff?0/l?5 ?t? CZZZ) l?eCrln ??`e?tywa. v5 (? c_om(y)on vtPa, a7 pr- cttmL)rx- Cc?ui??, ?Ill?St?1l CcrllCt CASE, t,?o Jcxc ?rtc? ???nc?? . -Tllt, ,s .?, n=]? \W,n b OL X66,'R,nts Curry 1 ?,?,cc ?Ee!4? , Cc ?t?,o tr h?c?or1 c? lrilm © hts F???cxx? ?'rFx c?3t???,n fh? Dior Sur,\?? fan a.Th? c ?S?r?sd kton ootc 4)h - clcom i n 4 6 oc6n ctndbr y,2 ?. c. ?Q31 3 ?h?, C' ,r t( , a P ;1 t? a c? ,z cr, -1kt, unl+O . who o4-al I t r?1 ??{ Fh?s c?c c ikg4hin ? cuskx ? c,? Nn?.6 nn?r?luan?c? DE" t vtfXl } Cnr ?c+ k10YlS • U y, T d nd r rinWA- ck- cc,(, ?-6c:n? 1? E"? having l ? ?4., \OvNk\?'-?c \-o .S n5,b\L, -'Olc ? 6c, c?4"?nd?U t n r to h. 5• rho a?, n? ? 4Y.br?xyt t 4 c ,? AA)t ?nmc?ry, Pcop? c?CF h? ? rtu YJ?c?? tJte1c? c r-Cgm 1 ?'GUaz?d 0? s uc,? i5 di Al n??1?\? hoe r ,rr? ©k- %YxAv k&A& Pm 4rf to, ?S ?1? sac lln c ??x?duc.?5 t?cz?c ?` czr?d a s t b4? 4i-tc o " ?? ? avid Ps g. `ch ? h -Eh?, ak?c?, rn?n?ccn? Pe???ru a?-l--d1(?4-rwt? AG k- )tS acVton. FGC,+S ci_ Ass an mawkAUA wt %Y) 4*, cixf"ona9 allOL$3&l ?dvucc,h?s ?, as ? h ?td ? tyrn`Qlt?, Tv RrnrY? use l F? oar L,nf tZGP? Cry r1z,? ?ca?K?,? vt cz???i CC)CI?v Qcc? `?G ruub?, w0 Ku?E anion 5sk cro, 10, ?n 3- ?7l?GQ YY(. Gas t'e m% P ?r< svr? "6r) a ?c?-Ptk1?bL 'z ht? r? 11, On -31 -PO C v c rnr. Pr?l?, s P? nab P u nom couc wG?ch $oc, Ah?, aloavL cud oz locwY) bcA MC, Pctz?kss 1 and ;aid Propfr?y h h?? low an is Po ?S1z ci , 151 ups ? r b it U t?. U n l?r? -Pl?hu h ?n C-- 3+. t (Y1t?P?1 JOE, ra ? OIYJa? warn as w??? a? c??s bolo ? ?tm a?Bat1 w&r? vn ? w ll,b6tw c.c)Ain 4b car& c?c ?. , ` I I If: V I Vco omoo\n cti? dc?r ??•r?rr ih ?k ?dvn? c?4?e???, c??r du[c n )A6 CA-0 envvVAeiW n ?o vY?c. Pc? `?s r n r h? Sl s t? Pic lac Vv ' ? vv,v?u n ?r? ?5.4w?s?v? -??s Prec.?.ss,v? ?b,?s Prop? iMr.P . F lm/1R0dtc? awl 1??? c ??kn? ?t ont IV) a LC s c v? o? S?o1 ? ? 1 ad ccj ?c GE Cam, . LY) ckx?L 10 Ib. n cr?? on'Ft 17. -?k? - C??rn b4??t• `?°.? pfc n\ d ac - SCS?-Corn {fir ©0 67 C.O. tkc 6 ? 8 . C •o . ? u?o ?? ?? c?-s??r? o? r?1 r. tire: E? a?n Ict C)o 6-16-03 Mc. P:?r? k ? -? J«?S ) G? v?h?c } iw> l u C?1? drn?n?. kl one ?? Tv/ ?cwb 1\?, ? ar16 ?u v mt % i n ae. NA ?? ??vn?sS?+? wh?l? tin ?l?,?c???tan oc v d '4, as . vv?r. P v)( WLm c?C+ds aV)oLA-his rnl ulr how€,?cr ask c ?n'?,rV ?n an3 60I,?; w1Ar,.Pgs 4?rttA x6 A-6& r? r? ? ?ucA who c? c?a;cc?. r ?i1r1? ? du scR YkW( rvA„)4d? rl Vmo c (? -1??ir PE?? ?_?,? c?ln?l? lvtilw uals a ?n h? RPI U ark tY nt a 44 rF rP d ` `?trn tndWtducas c yiP C nz 6 w^Zt, C v? v L-?+0 4ybr c ? aLi Th?S ?S Pc cale?n? ?s H? ?nd????uc.?s u,r ?n ?4 Rf?U c-4Jl10 connok e.(rt? cJkax-mvn o ? cac ?o ?d??Pr %k ? ,ono a 1,on +c' ?ucL? 8ro Ve wryw " a6 a nl`'v)ctn wlr.1?? a? wt1j s?, c?xrS CC. 6V a7 1'..T1?, rc,?u,Y'r? a? ?1iS ?•Rt c,•?a.lKwtart,vc.?Pfrr?.,d?? RnnQh? TV(tr,??ccix,?nc.,,??r tau, tz? Kc,_?? ?• C?rn??c?s???J ? n ?• c?vYKx.crt?- ? ? ? 7y LX? ?Slzoc.?? ??, ??ia2s wok ? 1cx? J 14-E ? osssn_ ?- ?? , -?1?$- -?{,??,• s +??? mc?d? ?n -bus c.c?rnpkan?- acs..-1?,?,? corr?.? w?dess? ?r l t ,-3 ku74?; h pru o art, rv?c?k, k 4-c i 8 Pa. C.s.Ll C TiJJ y ur?vz??i?cs xiS 1?o?? n 5-/8-05 zcx? a Crz? p , Il, i?ar766 -oDZ,? N LP r__ ? U l ri l r c 1 c IJJc.?ti"?M`?Y?t- CJ`r ? C"?C' ('???j? L' •CJ. tttti?T,6 C- ca&6s ne_ a q55 `?h€ `1?1c ?h? 4 AFC n `Nc l wto??w' u"6 }?Wyln5L?(Lgav,)ta t,u?? Gi??1?cc?s ?k ? ?Q?k PrCY in rrvtc? RC*- ?UC\S EACH S ?XnC k'4-\ i ?6 t? can a\(\ ?r? u^k P?se?n??s CCY)?A n?A ct-? C?)c -C?.mPal,11. its 3)? nor ctn ti n?ornt?? ??cc?rn ??? c? ?c? -4=c? '?l'Yi • -c??s ?csr u? U? c?n? -?t? rte c c Vv tl k1?ct n ciff, cart , 6-1z,-n6 ?? 2? ?1 C a,of 4 i ? 1t ?.1700J -o2-6i- V' ! 7r?T r- - V -ilbTAU ` co rp, ,je t1()C1 cq)SJ?-I „• ct-\,A der. qPr'v4- c-yC.??1 0C ID roCeed??? ak IbRw or ?? a v??? _ .. ;?h? ?n o R ?peaJed ' any co ?{ r ll;ch ?s S v 6.5?? C-4- -qqYrleS ¢ r UL (t, S , . C l., c! 1 n? A-ny Fr? 4,, -n p v r) v A n -?- 4' DomA Code o? Igby ?, {-?u m nici?q? Clt.0-1 of 1°Z3 o-4-herw13 2i " ??COVr?-° msj"Ir-n3 d--Yee i ?te?osi?lon' e(?de : a c?epin `i? in{e?rcu,A-I-,,j o. ???-riwl'' ?nelvdes R l u,.grin? ?re?,gr?i-{yR?-Urg o? viewer`s, -?h41 e'titsr+e,. A? p?-4y may 44 ICe .?Y?n, ?es-w monY o? +k?tty ? -??, 61? dc? P? sl ?'` ?'? v Pte" ?''q' 1 ? a rj on ? i nc Lu ?.',14 q Ptt- ? 'eXiLMrian. f[ J? Or' 1.v?i? .l ? ] (? ,vl rroc, A+o?ic 52 o ?-LS (3wQ ? 4rtq/l o? eqs? r UA A+ A h1,WelR,9 ' Q?la mod; o,- r, l r any e,? 6 ?a?ro? of (h. e?o;rf 9 . Cd) b?erd }o ?v o v!)Y o?' ? ??i s c Vt4??de? ttny P * z? ,nv?y o b ?n O.^ VL.C r ?IS COVCrU? '??( <-:VS4 ( ''`v 0T ? rva UWalls /vie 4/,-14 ??1', ??nU$1 J?1.? V?O.'l U''? (/ QuRmf??On ?I?V'$r l l?.?/ 0r Lvr.???e y2,?_}? a o? ?ocvmen+S r?r d, ?,'', ??155 And Q,-, Ty tnSf'ee0,--l fMA? o4 ??lpl) 5 2S ?Zv?R -IGOS? (r'hy)iC.+( FMc? m-en. I-CL-4o(c, pN3d reQvesfs wv ?c icvI (2?1s> LtG(Lo} ?? ? t-t,uo3 (?,e? <. ? ?lde?l Nov. •t_o, 1 `??g , e{?;e e? Ve APB' 16, 1°16 P;o-4e'. Tie S?l??e?, tiatler ?? rm? ?vt¢ dsCoo3 hS (3een t ran5 ?erre ? ?? ?:, (2 S ?{O? l ?t L4 o o `I . NA,O qc)13-7 , Z . PAGE 1 E-B-2017 INMATE NAME NUMBER LAST CG4129 PRESSLEY BATCH DATE ## MO DY YEAR INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI SHAWN A if fc6vff o f Wou es, TRANSACTION DESCRIPT N v" 3q5?05-23-2005 918 CAM OLD BALANCE 1.74 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 4802 04-28-2005 37 POSTAGE POSTAGE 4-27-05 -1.06 68 4817 05-02-2005 37 POSTAGE . POSTAGE 4-2B -05 -.37 31 4817 05-02-2005 37 POSTAGE . POSTAGE 4-28 -05 -.37 - 06 4817 05-02-2005 37 POSTAGE . POSTAGE 4-28 -05 -.37 -.43 4845 05-04-2005 38 INSIDE PURCHASES PHOTO COPIES / SMU -.20 - 63 4971 05-19-2005 41 MEDICAL . MEDICAL SERVICE J SCRIPT -4.00 -4.63 NEW B ALAN CE AS OF THIS STATEMENT ------- ------------> -4.63 N r? ? a ?„ ?;y ? r ? m? ? ?i7 v I ? ?'] ? - ... ? CS1 7 W =< SEAN PRESSLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEPARTMENT OF CORRECTIONS, C.O. HUBER, SGT. GRADY, SGT. BAILEY, DEFENDANTS 05-3455 CIVIL TERM ORDER OF COURT AND NOW, this -2"'-day of July, 2005, the motion of plaintiff to proceed in forma pauperis, IS GRANTED. The complaint shall be filed without payment of costs and served by the Sheriff without payment of costs. By the Court; Zean Pressley, CG 4129, Pro se SCI-Camp Hill P.O. Box 200 Camp Hill, PA 17001 :sal 0A, B. Bayley, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of Defendants Pa. Department of Corrections, CO Adam Huber, Sgt. Grady and Sgt. David Bailey. Respectfully submitted, Office of General Counsel ?Ra and W. Dorian Assistant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 23, 2005 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 Reneze J. Rob is Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 23, 2005 ? ?., o -- ? ? -r - ?? ?n -c -.> , ? Q w ,.:a ?? _L?'f4 .r rn tJ G? _v r a -? N IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Pa. Department of Corrections, et al., demand a jury trial in the above-captioned matter Respectfully submitted, Office of Chief Counsel By: Ra and W. Dorian Assistant Counsel Attorney I.D. No. PA48148 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 23, 2005 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Demand for Jury Trial upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill PO BOX 200 Camp Hill, PA 17001-0200 C ? Ys?u-"u?ti Renee J. Roberi? Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 23, 2005 C? ? O CT ? - ? r"?r?`- J ? t_„ , .. ?, C_) , `_ _' r? ?,i CJ _.. ? - r i;jm . _ C..7 x} { r? N .?? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. DEFENDANTS'PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, PA Department of Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel, and pursuant to Pa.R.C.P. 1028, object as follows: 1. The Plaintiff is an inmate currently incarcerated at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 2. The Defendants include present employees of the PA Dept of Corrections at SCI-Camp Hill and at the State Correctional Institution at Greene ("SCI-Greene") and the former State Correctional Institution at Pittsburgh ("SCI- Pittsburgh"). 3. In his Complaint, the Plaintiff alleges that on June 13, 2000, he left SCI-Pittsburgh and became aware that some of his property was missing. Complaint at 1 12. He also alleges that on June 10, 2003, he was transferred from SCI-Greene to SCI-Camp Hill and his personal property processed. Complaint at ¶ 14. Shortly after his arrival at SCI-Camp Hill, he determined that certain items were missing from his property including two kufees, one prayer rug and a television. Complaint at ¶ 19. The Plaintiff estimates the value of the missing items at $174.00. Complaint at ¶ 27. 4. The Defendants demur to the Plaintiff's Complaint for the following reasons: a. Any claim dating back to the year 2000 is barred by the applicable two year statute of limitations. 42 Pa.C.S.A. § 5524; b. The Defendants are immune from suit under the Sovereign Immunity Act, 42 Pa.C.S § 8522(); C. The personal property exception to the Sovereign Immunity Act does not apply in this situation because the Plaintiff's alleged injuries were not caused by the personal property. 42 Pa. C.S. §8522(b)(3); Warnecki v. SEPTA, 689 A.2d 1023 (Pa. Cmwlth 1997); d. The Plaintiff has failed to state a claim against the Defendants; and e. The Plaintiff is not entitled to relief under a bailment analysis. 2 WHEREFORE, the Defendants request that the Plaintiffs Complaint be dismissed and judgment be entered in their favor and against the Plaintiff. Respectfully submitted, Office of General Counsel f, Ra and W. Dorian As istant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: September 16, 2005 3 472,Par?x4 o? cas Ul oc ?, C Q ?-. Grod?? ?k. C?1? 011 kbs attic mcrvb? or 9 yOu Ekyb?s, 11 Jtac???C'r?c?, ?`?VYlccr'lG?f.? bLLn.z? ,. )o saR?txA? ?, P?araancx? O , :Asu.rim at do+zm 6f Q ? er cfikhv? r °Eak?,ntis _,%.1i n4 60t, 0-k v To L '<vnd Lxxk LO Q? ,ma34- 34- ?? ? ? ` nk and r P?rx,?L?. oc b? G oc:hon ouch .n F- ?? +?L alai s? U.e us ??c^an on Y?lx- Or Y) St. Ugyv '00-, u P?? .vOU,> yf VVS I -4-an-V UT - ca? ?rx z 4c c \a W 0 &4 D C 71 Z) 73l -Dye CV3 (?C,t TRUE C'OPY ,R.C+tsj I I In Testimory whereof I here yynto se; ntr hand andAr, see! of said otj tgay4arlC l-, au EXHIBIT `rot n as},"7- A -+-r 1 • . ra.r ?vw. . v US. WI 1 X11 iVI 1 ? Y[GXi?" ?J*? l..Y.(./Y/C??r ^M ,LI V./lwr/ 1?, 1??1 JI /U?/lltiR1 II?.C r°1- 4 ? corfu eons mss, . ? d + C? Currr?n? a. 3 try ?• 431 ?c.?`u Trla.? l?cYY)Cl C?rr?lcan?- khan 4b2' Ccrc? c. lfe6h t aln c? a? his %f6Onc3l 'Ptl* ojMim +Z sic ootc -?)?, dojmY in 4,5 OcAnon u,n6br %2 a. c twa- 4rnb-rE 0?-. 5• -rv)b in r/ "s 'r ?y° iS fJ7Y1 d???n j z '`?•r'??cSC«}?il'? tnc?iUc Pro ?o? ?-6r?? kkZ a I4411rt 4b UA,5-Fcx? ? 4-k& a), Iu C \v -V6 c! vw1 e& acm- c?r? ? Juan ?? --por `ctr'?d cam- v 7. 5'1?`bu cad a? ? Pce .?-?,? VVvtil?, cart c, a Ao Wcs o'4, on. f?C'4? TV for ik rub, ak °>c?-Pt}Isb?? On 3-311-po an cord, -C6 c8; w6c Cis ko6ne ?n be lea Upon l `N?? v- F,aA, wzx?t' vY\\Z"S1Y\) uJ tl role, " n c- 08 n??vtduaQs ?6' L3 At Q Ll WC), Kuk nn-U; E %m- o c? E1509c?rJ nrn ht6 CX C . rnr. Pru%ki- s v i% #x, Qbovz, v ? c. 4s s, and +d Prod FSbutln pn (0-3 (Y ?`3p-\?yY1G'n GLS tJ.S??, 0.:v C U34in 4b c,af& Of. woz allacoe ?? t'?rt,sv?t )?Y D Dn^,nc ?i. . ?f I vV to c1'A)6Lc' Ac Wo 1 J. u??oc? { 1 { { , l { 7 r?1 s YCCJI?JL? C U I I I Cl%r 1 C;7r l>l??-,L--,I LL7 I(> 1) WV 1 wKn w R CR 2ec err In ?k b id?n????, ?xrya? ua U du`(r ncr? X y!? ?wr Ck-O env c,? n 1o vY?c. Pc ti?G far ?,s dr?nwunerr\ 1''{. Can -1?-c'?3 mr. ? ?i s t? Pta 6n -n r5.©w?s? -\??S Q??{ ? lnrs'Pt'opc?-6`k. Wl ?r? i Y1 ? - `? ?+,-?'? F???SiI/'Radro cawl It?r Cxv?-E?r??a r?ri-G? ccd ecrJ? GE ?k?? w svl a't 2Co?s C£vI?CS anc? s?ca ? f ?O I tbon(o ?S c. P ;s\tis r?% ' Qll -{I, L : Pkecx ?tN }1.?2-l?fw{ ? d? r ?n °4?rn? v s r v' Ao sC.i -Cruel 1an?1. r-? , ?-, .P,? -Hn?; +??? e?- coal c??- sc?.- C?zr? P ?h ?©v? ? -i ? o? c.o. ?b I? AOO 0 10{'1 c ? o ?co ?O nn? c r8. ? •o. ? u?? ?? ?cr? tx,c?-srda a i'??;?` t' ?rc?, c??n 1n{S `1?ro u,4xc?1? l?z? +Llt, ?spa{5 C4 41,5 rI WI U ?ho??e as . vV?r. Pry . ' C'ry ' a 1, a w,4 c c ' a&' A 4 wlr. rvvks {?,a ?r r? o -rc?? ckPon \n4cK- ano ,nxs?ck Fco ?h °411E+ wJ cam, c c ?I?rh Ftiv d , R u aft-, atrwu P??'d ra aj Itill , r 4. 5 cwt P V ?n?117G? s c? r 1 ?rrn 4? p W &t-)ho cann4 ?rur(4 c r?EUV\ c k- cprr?r1 nc A- k o 'Ice, c a ? ?k vtio c?-?n i c\ . 3ui?n Vro k LR-` vl1 d6A450.14.6, ab.z? ?s ?n??nc n w?r? ? Cis ko kk v abav^?J c?7 °sl?g Ve?u?, C - 4v, vwsny? 1?S tS417N•Co RdtE.? U C?rnne, COMPLf 11a C• Nn 0?6v? tnrs ? .?? wow K VXDLn, 3L, f f- fc%A\O; AW01 TUltrAA +o uc?v ,?o, ?ll 0-?k 4-1 `d`c' CYzG v ?£ v 5-AS -615 v ? 0? n m 41A, 1-7 to -}dam Cncz+? o? 18 F 1 -0:?Oc? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint upon the person(s) and in the manner indicated below. Service by first-class mail. Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 &? _?R Renee J. Rob s Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: September 16, 2005 *-> o , - r ? .,_ N ya r ? {+'S ? ? ?? ^s7 b f ? ? ? '? t -? ? ,%:?', ? t Y?E. ?r =?. w PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -----------------------------------------------------•------------------------------- CAPTION OF CASE (entire caption must be state in full) SEAN PRESSLEY (Plaintiff) VS. PA DEPT. OF CORRECTIONS, et al. (Defendant) No. 05-3455 Civil 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Plaintiff's Complaint 2 Identify counsel who will argue case: (a) for plaintiff: Sean Pressley CG-4129 Address: SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 (b) for defendant: Raymond W. Dorian, Assistant Counsel Address: Pa Dept of Corrections 55 Utley Drive Camp Hill, PA 17011 3 4 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: No argument is required Dated: September 16, 2005 Plaintiff is incarcerated. G tto ey for Defendants Attorney ID No. 49148 G ? IT7f ?, ? 'j? n y< ?n b CJi . 1 W ? SHERIFF'S RETURN - REGULAR CASE NO: 2005-03455 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRESSLEY SEAN VS DEPARTMENT OF CORRECTIONS ETAL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DEPARTMENT OF CORRECTIONS was served upon the DEFENDANT , at 0950:00 HOURS, on the 27th day of July 2005 at 55 UTLEY DRIVE CAMP HILL, PA 17011 by handing to KRISTINA SUNDAY, CLERK ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 40.00 Sworn and Subscribed to before me this day of 44au-1r, A) c? A.D. rothon So Answers: R. Thomas Kline 00/00/0000 By. Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03455 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRESSLEY SEAN VS DEPARTMENT OF CORRECTIONS ETAL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon O DEFENDANT the , at 1005:00 HOURS, on the 27th day of July , 2005 at 55 UTLEY DRIVE CAMP HILL, PA 17011 by handing to IAN TAGGERT, ASST SUPERINTDENT FOR C.O. HUBER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ? day of ?i pPS A.D. Pr otar So Answers: t R. Thomas Kline 00/00/0000 By: /,, k Deputy Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03455 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PRESSLEY SEAN VS DEPARTMENT OF CORRECTIONS ETAL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GRADY SGT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , GRADY SGT NOT FOUND , as to OFFICE OF CHIEF COUNSEL 55 UTLEY DRIVE CAMP HILL, PA 17011 DEFENDANT IS LOCATED AT SCI CHESTER. Sheriff's Costs: So answer;--.- ? Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 00/00/0000 Sworn and subscribed to before me this \ 147-14 day_Sf SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03455 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PRESSLEY SEAN VS DEPARTMENT OF CORRECTIONS ETAL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BAILEY SGT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT , BAILEY SGT OFFICE OF CHIEF COUNSEL 55 UTLEY DRIVE CAMP HILL, PA 17011 DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 6.00 Service 00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 00/00/0000 Sworn an subscribed to before me this / day of Ae!/ A.D. A V/) Prothonoradry Z r, rh ?. C? -ter oc- corA c'n V c" cad ?2 ?aaT'trn? o cosVa3acn?, G-O. Nk ? te, Gun, ??nn 6Uan+ck, cc,: 05 3qS5 W4?c T l ?nc? C?cc ax cPl nk and Q q' CIO Ps fancz, %c ll ©c bye ? cQl.?r-?- &T ? 0b r Moti 4, Ccscws°? c?? vuwc'Gan ©( C, a? ?? a ? clakm 6(' Q more cx cii,tr r ?Iut n4 e ?52. Cam. \CL? ' ' con, ik jCVAC'h )O&Q( Q-\T,8 ok, d ate, n?A(b,? ac:hc)n t46r) L _ s ? clay s??-?? ca_ a rns b € PI` You C may p :c Ac LAOLA'k- \O-w c Cat on[?- ?? >W?? z oc one, ?s-?l hon£; C ec£. ?c? l h P. Omc (D'?- G?II?F cn-xn4l? i5s CA/ C ZZZ) 731-eWV 4 f hey u?rt? ? , "?y hand "Or- Gammon NdFc, p cumbfr" Coup? c,, ?yln(?//(rcYtlc? US. nk c,(- Corr'76ons L tt?a ccz"s QC..A1.1, -b - `J ux TrL- LC -'Mc r'Q anv64 +?c l im„nc??,r .has Fly?o? ?r> \,?tc,?n ?c? , a {`i i?Dr??s Cc?r ? ?v- ? c? l i?h?n 4ha Ccmk Co ? nSE? on ???d???nd?n?sr??rn ? his P?s? Pry c.?a?,n ????a GkurnL, ?n 441~6 OJ-ion under ?? .e S• 931 3. Tk??, ?\t7tl ?, v`?[:J'1 PS?wI i 5 0. G??ctZ? (?r '?1? l ? n a ? ? c, [,c 1?p 0.?-Gi! ?P? r????n? -Fo -Nnis c?Gn ?? ???,?,? -f-h? cus-[•c? ?.,nn?lulini? 6?- Cotrt? az-' tjndvrl clvmsxr?c?c rns is Eni haven Cep ? Pr y in r ?z tcn. ( 5. Thy d? )?f,??' kx ,lc v's Na,? ?nrac?:?y, Pca O p U ns?bv?n?? oc M,??? 0& 3cz-cO.rAPW,?Uan 0h u.<<h ? 0? ?uc.in ?? nv 4 7. cnd??-1 °,\ ?s •l?? Primery cc? r p- - ?akbu cxnd 0,5CIS s Pce t tult' cuts h?Id n Fh P. +rtC6 v? V)oLASIZu1a? . Ac, k?ni5 action, FackS q_. Ass oLn tindjv %&krA wj?m - kc? TV ?0. t\ r , czkv?s-P??}sbw h CnV-3.IX?n? C[1 a,u.--1?? W6( cam, ko?-,\ncA c wv-) PeS Q his 9'C" ?} w? M\Zssv'%u% ?i I ???m (?Ir• 1`1?.s?1 uOZ alfowe? 17t.V, E cS fodtp f (? \DI ?Kn,c cj ?ic? xl ^(?(Y) ??i ?fi?5vJ7 ?i?k?CG?Y e? 1? rnr. PrE ? kj' S P c. Pftw. and sa1d Pry u? ?`?? r b S ?tl ? Ipu,t rn L-43 ?b0 (Y v? cu?? d ?l? n h? h?a??" le?l ?n iS :..?1?. tDCCl?.YYI('i Gttx7C?(?? &E '60.4 r3, ??cn nor p l Pcc??x arrtvtn ak ?G -?,r?tinF, n CRP A nez kc P? 2eC? ??,r?; to ?? td?n?tCti c??c?aa c?a?r 6U no ? ? an MnAc G; won 1o mc. ?MsS\liIX 0 c 10--03 r?Pl?s t?s? ? Prc ? hoc Lets tvtiwun? t5.DUD wvs 41 Y? tv t/1nts Vro zi Wlr.vr L%vh to iknF? lIts OoL, ? ?€.S Rcxd?o 0, It?I C&knrxo, ?JF eer)? GEI t? a C f c c?S cs ana sfal? c -Kev ?? rJ tb. n -oS rnc.P+\ u?t ` ?? ai1-H? Pcx.??\ ??? Pv tcs dco? t1, F? ?? t?t?,rtv?i c? SCE- Corn Pr ! ©?) (v hook ?is? e ter an? 18.e .o. o6+6t s ,tid Pvt. mrl ?G- la-t6-?3 YYIc. (?r`c?z5? u5 Q rn? -? ?iJIn?tCS tit?-4 V,\dl, ceps ctb? ?I? IPMWrct?, , n ton os NA a?- to tvtc?t s & ac?`? A-o U as , vVer. Pr?c v)o??c'?tGtc etbot ?k h+s mi? a . ?-#?tvtks art r ® tcs? a3. an t n? t v? tors an ` ? tyl k 0. Nn4, d? C p v?tdc Fro ?c?a;?. c,Ot, a Q Os, in h?P, u ar& WYM Pe?,uvDn why&?tndtvus artidg?r? d - tnae?tdttc?? c r4cc+p C? uyt?? i tk ?c -Fh?tr cz Pc?.vc?ajle??v??-??-?,?? tndtv?c??s u-?r?m ?ti Rf?U )hta can a?.7ht5 t S -kk-\sarOt,?rn ?iGrscll?l b 'amt e. c*A(wmk- e? ccc n r)o? --o , o c ?k V\ai cam Y?o cC-kon -b + iA au). ?'ro wa c ck c 4,t Vi? a(0 z? is U^l,ncwn -C V\V.\),C, J as kc> VtAc, W Lr z()c, 't?rovv\15, a7 °Ml , vGSUj? 0?- 4u v zn ,k??xv\S ts?t ?y. RF-V?? ?,.? rouxrl ?? V)IS PLN c )OJKYVK)Ln, pf=r tr?l ; ?ntPli Z-U?rr.?+? are nne. c, 4? t U, tw?) t S ar aft e / ?• C OMp£.'(ti.`.C?iCJ6^^? t r? ?• Qr/ran4- oQ- 17L/ !? cS? 2L?t u? & r /? C. Pave r 6m(5 cj-tn_ s? . ??? S S ?^Ilc?? t n Aku5 c,Cwn act ?ru4 Corr£L? w?ds1 ?rnv` h?rct art tc ?u k l c -t L? o-? 8 P 5-??-GS po b<2-CO ?S qo ? sz ?nr qu 3 ? 7" h ? CE?u'rl?. ? C?rvLw?L?I ??? D?an-?rnE,? oG Cosru-?n?, G. ©. ?s.?, h?Rb?€r1 G,?,kr+?,ttxV a uankcl, 05 3qS cc _5 t ocr To lend d ?n c cA X-C- LOkN?l u -) - -6K& ac on ? t?I? mw in i, I nk and n he ar& fU?A b ?r?cr P!l Lc bpi6f CIDILUOIIS4 114c 4& 6a?,; May Q1 10 con ©n Ef-,e'dm ? 4 1 ?w NOA , You r?ae? `' 4a ? PI qC0, ate'' z, CL EG-fancz, t-? cat c c?ns-k3 c??. ? c?ac<h?d 0c V-cw ate o4vq clawn or Q `-U lou J) MLA 4 aKu A-V k5 nc c. 4 r ©c GOD, tic 5 &C- Gh)t P?- Cia LO ?--- Cpl 7.s?vf ( 731-e!2W F c?k- c?ommen vtz,, p Cumt eric?y ran Q3. cast ??. ? fir( 4 0?-Corac ?orx ?rI Im,r o?? dna?nsr?k?cn © h?? F???on? Fr c ?9? n N?o WAS a `? c xL ????sdwa? ©ots, -Vhv clams in +1116 arson under ?? € .G S? Q3 f 3, -t Mka, no F1 5 G1 G4an o? 11?? c? v? ?k? W ?c, cz?-a! ?p t?I ink 4"Z' c c o u?? lk,?n (?? cus c Nn? inn luan?, y ' Z tAcna?nA-? c` ?ccr-rt6ipns /s ?n?rr h en l I e sk?la Cdr ?41WLm-k 6?d hG ?S s?blt, -br c? ;, ,, c 'ind?vu , vyepv? 'i? 5. ?h? d?n?k m t,c ?s +h?, `?r,rnar Pco a? ? t ?n?k ?cz-c rnel?, o?x? as ugh rS a? . o s? r rx? v?du?ls Fror? ce c is x %T `Pa?u, ?d a?s r ? -? big. ?? Ru*v(N h& -Nn?' 0& ? M ?cGntz Pa?,?a ons C_-61 F L rr_ ;IW4 \C? khks o.Uvk©v-). F?kS Arkt, c.?xxrfshor aj Q Am mr•`agsl wft-?' affo(c 3 c? Pwc?i?as czs vL? h uiQ8 any E s rodeo A.r`c1i?i -capn vv Rrr n us?4h c? OnL ? Z), rEc?l k C?n? Pcs?c, ti s rub, } o Kuz- • a?70n ' p4lbc' CO ari9?r?svr? l cer to. Can 3-d7l?C (Y h1?t ? G? t`cxvlCt m ° c? ak vcs-P;}1?,bt? ?1 ? s rem I) 1(5 !R':r'x Pr ?t. C) 3?11 an th r cc? c "r. Proms' s VVn P Cor i? c u??aa `?trr1?L ,al?9Z_O r<Jl dcc? rt a?s tear own bLA vn ?, Psi 4 and said ?r h&?5 river bfin rn%z? Q n l ,s 3c_'?C-PvwS u on 0-330® (?'7c?Pc 1 b?rs?m?, ax??c?c b&to -1io thIrA k4s RAC P? ? ?,0 ? n as wt,U a c ?z L?j LX?3?C`? vrci?S1V1 w'`f? dJ?4Y1 u?r^l??n Fhb fGLrf? d0cu1 Y C t? 3 t9 erg rYls. ?'t 1 '? Pco arrtvtn Y )CC, 1r o 2 ec?? r?"??I?ts ` ?k?rv Id2? cbx^va ctia?xPut ncri d ?wc can ?hvY e k c. \Dik'n Ac uric. p k, s t? k + P?ocGc His tvtnv?u? 'tins Eo °C?t-?;,r,-rl-c, C tits fit, ? /Rcidro ct Ir?r c?v?-?cnrla, r-?tfE1 1ccn? GE ?o IV) a `r??=nrc?5 C oyl? ??ol C?GS? t??r °Ia???O I la CC? -C>S Yl1 ?. Y x?? C X91 ' cc om ?G Kau vrc? Yd? 1`L Qf`C \?ICIR<S dam' c`t ? lY? ? ?S t \r?aVN& Ao SGT.- cn-vukM. n. 1 ? { tvti?, e &nocd c ? SC -Cy?rnPi1r11©v) lo- o&?C.`?. tic ' t8.e-o. ur)??c kocZZ a rd? yylr. an g&(jo, 1)E , wo;s CO at- ? E Oa . W1r.\Ur 419 ?lp a3. to t -? J r his `?co F rn 4EA tYltYi"? ?nrS ?c i ?r`L. i a tS , ?? Y'G In vs?? wr,t?Sl le?,?'?r?t u?tnrl?, tin ?l`?o?s??ton ©? cu?'?? ?o ? a U c?. Qrn cC' c?cx abo'tirs?5?v?P -ton O-r)3 ut/t?. r vtks 1?, art n ® wc Ly? v dt t? 6CLR k p v ?4 ?ProP? a'r; ? w?tv t ? a? ?n +h? R?I-u a,r& al., ?rP c?nd ?fra???vr-?a??Qr ? t t 4,o der cx R{ U c ?lu? ecrna?U ? r a4.Tht5 t? Pc?,Jcale?n-? tndtt?tc?u..c?Qs ?r•?rn ?ti b o ?n e. r ©LOrn ?kxrol okar, mvr n € r?rd??P ,? r stbl ? c= 3n ioc?- -?o \W aLcx-o cvt t..t? ?ro dr?txtot'k? t? MA- .s u?ISrnc?n *0 VW. -\)V , , ? cts abavr,> v„k?t y-)C,d'?E?vtn?. a7 `rb, ?oxtA? ?-.vJ?S ?,.?4?., r??rn ?? HrS t?G? ct_PaLKvvtcu??vu?vr t??cj l4rvt?r?y 7U?tr.?? cvr<? ra, L-c rca -t uc KU s, arxS a ca . b• Corni'k c"? t n °? c?vr ?c i n c ?y c s1?©c c ?c? &rv ?. t?s? . -?? ???. ? s vvtcad? to °?tiw c.?wtpkvr?- ctc?,-kru? cr>rr?c-? :? rnc??um k k? -tomnlt o- ?8 P f ?rde?? ?c l h?r? t? aft, 5-/81-05 C? mo0, fl, P?, (7c)i -o ?? L U-tr?l-t ??? ?? q0 ?b `? SZ ltl(' SDOl SEAN PRESSLEY, PLAINTIFF V. DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3455 CIVIL TERM ORDER OF COURT AND NOW, this _--,7 ? day of December, 2005, the preliminary objections of defendants to plaintiff's complaint, ARE DISMISSED.' Xan Pressley, CG 4129, Pro se SCI-Camp Hill P.O. Box 200 Camp Hill, PA 17001 /Raymond W. Dorian, Esquire Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 :sal By the Court, -f A Edgar B. Bayrey, J. 05 'See Betrand v. Kyler, Cumberland L.J. (99-6452, August 3, 2005). h? ? ?..? -l l j r_ F, ?. .. ?u - _ , • °:; _. . ? =< In Go(-Kr?k- C1?- GornYnnon TIluok-s o4' Cr,?rwloeslcu? Coc44t,?, R?nnt afitek, W:5 Xb oS-3q55 Cmd Tim ?xk C?- Cort?on3 m ? c AND NSW, covers P ' ? Sin ?S? scan} +0 tea. R.c.ice-. 10 3y, mac' a Jv??vx on d-h,u pt and ? cis ?ollo?q: U c4 4& (yx ? PPS D?: ct-I- 3CT_?,Pffil/ 3C Cane. CIA -f-G??crnc ?-Rtlsbu 3) zn his GFamflc?,ml- +? t, Plank _ 3-a7-00 and G-{lo-03 wh'Lck 1?, u? ?-?rrict? ko ouon a3 `1vz> C-orrc?oncQ ?skern and Wm ?i Ca? e)?- ?a/j 1,6 Vj Lt Ej A w E7W.00• y> On a- «-os U04 4c, cnjw?. 5) on 10-2-0;5 4t,?614*q ?JeA 0. briE,? ??r? ("c am -+o +6-, d&u,af--f? ob LcA?006. (9) On ? a -.? -mss +ht, c - ',ssueJ an order 813 vtiussi n? 4E, o? --?? dv?nd?-s? 7) io dcdk, 4& vX4- Cerd?-8 +l?e? Vt?n??V- w ?-}-? an ansc?s' -?-o ?-Ct? a,?lF?o?S o? ?bc??1 n on -?-1?? Pl ?arr?? la?n-1-E-F? h ?? v d 9 s-,-oe ? a,' sub -LL J on AA*--) Pls? T ? ? awwrd 'n<<M ? ?z?t.0 Po.( C??lill,??rzcx?l bElo????.aal vv?,,.t,pn ?s?av? C.oun?sQ ss u?! t7r. cewt U049 V),O. fox ?hll, i???-o2oc? 2 N '? .max c_a _ V IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO ANSWER PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, PA Department of Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel and hereby move this Honorable Court as follows: 1. Plaintiff Sean Pressley ("Plaintiff') is an inmate currently incarcerated at the State Correctional Institution at Camp Hill ("SCI-Camp Hill") and formerly incarcerated at the State Correctional Institution at Greene ("SCI-Greene") and the former State Correctional Institution at Pittsburgh ("SCI-Pittsburgh"). 2. The Defendants include present employees of the PA Dept of Corrections at SCI-Camp Hill, SCI-Greene and the former SCI-Pittsburgh. 3. On or about July 22, 2005, the Plaintiff initiated this action by filing his Complaint. 4. In his Complaint, the Plaintiff alleges that on June 13, 2000, he left SCI-Pittsburgh and became aware that some of his property was missing. Complaint at $ 12. He also alleges that on June 10, 2003, he was transferred from SCI-Greene to SCI-Camp Hill and his personal property processed. Complaint at $ 14. Shortly after his arrival at SCI-Camp Hill, he determined that certain items were missing from his property including two kufees, one prayer rug and a television. Complaint at $ 19. The Plaintiff estimates the value of the missing items at $174.00. Complaint at $ 27. 5. On September 19, 2005, the Defendants filed their Preliminary Objections to the Plaintiff's Complaint, in which they asserted sovereign immunity and the statute of limitations. 6. On December 2, 2005, the Court dismissed the Defendants' Preliminary Objections to the Plaintiff's Complaint. 7. The Defendants request an extension of time of 20 days in which to respond to the Plaintiff's Complaint, because a draft Answer has been prepared and is in the process of being reviewed by the Defendants. A true and correct copy of the draft Answer is attached as Exhibit A: 8. This request for an enlargement of time is not being made in bad faith or to delay this litigation. 9. The Plaintiff will not be prejudiced if this request is granted. 10. This is the first such request made by the Defendants. WHEREFORE, the Defendants request that their Motion for Enlargement of Time be granted and that they be allowed an additional 20 days in which to respond to the Plaintiff's Complaint. Respect ly submitted, 4? / Ra nd W. Dorian Assistant Counsel Attorney I.D. No. 48148 PA Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: May 30, 2006 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. No. 05-3455 DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, come the Defendants, Pa. Department of Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel, and answer as follows: a? 1. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff is an inmate currently incarcerated at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). The rest of this averment is DENIED and proof thereof is demanded. By way of further answer, the Plaintiff is not entitled to any relief. 2. This is a conclusion of law to which no response is necessary. 3. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff is an inmate incarcerated at SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. EXHIBIT A 4. ADMITTED in part; DENIED in part. ADMITTED that the Department of Corrections is a Commonwealth agency which has custody of the Plaintiff. The rest of this averment is DENIED and proof thereof is demanded. 5. ADMITTED in part; DENIED in part. ADMITTED that Defendant Huber is a property officer in the Special Management Unit ("SMU") at SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 6. ADMITTED in part; DENIED in part. ADMITTED that Defendant Grady is a property sergeant at SCI-Greene. The rest of this averment is DENIED and proof thereof is demanded. 7. ADMITTED in part; DENIED in part. ADMITTED that Defendant Bailey was a property sergeant at SCI-Pittsburgh. The rest of this averment is DENIED and proof thereof is demanded. 8. Paragraphs 5-7 of the Defendants' Answer to Plaintiff's Complaint are incorporated herein by reference. 9. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff was permitted to purchase certain personal property while in the custody of the Defendants. The rest of this averment is DENIED and proof thereof is demanded. The property acquired by the Plaintiff would be reflected in the personal inventory forms maintained by the Department. 2 10. ADMITTED that on March 28, 2000, the Plaintiff was transferred to the Restrictive Housing Unit ("RHU") at SCI-Pittsburgh. 11. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 12. ADMITTED in part; DENIED in part. ADMITTED that on June 13, 2000, the Plaintiff was transferred from SCI-Pittsburgh to SCI-Greene. The rest of this averment is DENIED and proof thereof is demanded. 13. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 14. ADMITTED in part; DENIED in part. ADMITTED that on June 11, 2003, the Plaintiff was transferred from SCI-Greene to SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 15. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 16. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 3 17. ADMITTED in part; DENIED in part. ADMITTED that on June 11, 2003, the Plaintiff was transferred from SCI-Greene to SCI-Camp Hill. ADMITTED also that Defendant Huber was the property officer in the SMU at SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 18. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 19. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 20. DENIED. Proof thereof is demanded. 21. DENIED. Proof thereof is demanded. 22. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff complained to officials at SCI-Camp Hill about missing property. The rest of this averment is DENIED and proof thereof is demanded. On the contrary, staff at SCI-Camp Hill did respond to the Plaintiff's complaint. 23. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 4 24. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 25. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 26. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 27. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 28. This is a conclusion of law to which no response is necessary. WHEREFORE, the Defendants request that the Plaintiff's Complaint be dismissed and judgment be entered in favor of the Defendants and against the Plaintiff. NEW MATTER By way of New Matter, the Defendants aver as follows: 29. At all times material the Defendants acted in accordance with Department policy. 5 30. At all times material the Plaintiff's personal property was processed and handled in a customary and careful manner in accordance with Department policy. 31. At all times material the Plaintiff was offered the opportunity to ship his contraband property to his home address. 32. The inmate personal property inventory forms completed by the Defendants are accurate and correct. 33. The Department of Corrections has the legal authority to regulate the type and amount of property held by inmates. 34. At no time did the Defendants violate the Plaintiff's constitutional, federal or state rights. 35. The Plaintiff's claim for loss of personal property is barred by the applicable statute of limitations. 71 P.S. § 2401 et seq. 36. The applicable statute of limitations for property loss claims is two years. 37. The two year statute of limitations for the Plaintiff's property claim expired in 2002. 38. The Defendants acted at all times within the scope of their authority and without any actual or imputed knowledge that their actions violated any of the Plaintiff's constitutional rights and, therefore, are immune from suit. 6 39. The Defendants at all times were acting in reliance upon valid federal and state laws and regulations. 40. The Defendants assert each and every defense available to them under the existing Civil Rights Act. 41. Whatever injuries or damages were sustained by the Plaintiff, as alleged, were caused in whole or in part or were contributed to by reasons of the negligent or intentional conduct of the Plaintiff. 42. The acts or omissions of the Defendants which were alleged to constitute negligent or more culpable conduct were not substantial causes or factors in the injuries sustained by Plaintiff. 43. Any and all damages or injuries sustained by the Plaintiff resulted not from the conduct or acts of the Defendants, but from the conduct or acts of the Plaintiff or other persons. 44. Whatever actions may have been taken by the Defendants that caused loss to the Plaintiff were justified. 45. The Defendants' conduct was neither negligent nor more culpable. 46. The Defendants lack personal or direct involvement in any of the alleged violations of the Plaintiff's rights. 7 47. The Plaintiff's state law claims are barred by sovereign immunity and are not waived by any of the exceptions thereto. 1 Pa.C.S. §2310; 42 Pa.C.S. §8522. 48. To the extent that immunity has been waived with respect to any of the Plaintiffs claims, the Defendants assert all defenses to and limitations upon those claims which are or may hereafter be set forth at 42 Pa.C.S. §§8522 - 8528. 49. The Defendants are entitled to official immunity from the Plaintiffs claims. 50. At all times relevant hereto any actions or inactions of the Defendants were done within the scope of their authority in good faith and without malice. 51. The Defendants are entitled to objective good faith immunity from the Plaintiff s claims and have not violated any rights and/or clearly established rights of the Plaintiff. 52. Whatever actions or inactions committed by the Defendants which may have caused loss to the Plaintiff, (but expressly denied), were justified. 53. The Plaintiff consented to any actions or inactions committed by the Defendants, and therefore, the Plaintiffs claims are barred against the Defendants. 54. Any actions or inactions committed by the Defendants were done pursuant to duties required by statute, regulation or directive and therefore the Defendants are immune. 8 55. Any actions or inactions committed by the Defendants were matters within the discretion granted to the Defendants by statute, regulation or directive and therefore the Defendants are immune. 56. The Plaintiff's claim is barred by the doctrines of res judicata and/or collateral estoppel. 57. The Plaintiff's claims are barred for failure to comply with the provisions of the State and Federal Prisoner Litigation Reform Act ("PLRA"), including the failure to exhaust his administrative remedies, 42 U. S.C. §1997e. Respectfully submitted, Office of General Counsel --? t? Raym d W. Dorian Assistant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: May XX, 2006 9 fo4?? qoe he IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I, Raymond W. Dorian, Assistant Counsel, Pennsylvania Department of Corrections, hereby certify that I am this day serving a copy of the foregoing Defendants' Motion for Enlargement of Time to Answer upon the individual in the manner indicated below: Service by First Class mail addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 Renee J. Robe Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: May 30, 2006 - FOR LISTING CAS (Must be typewritten and submitted in TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ----------- Please list the within matter for the next -- ent Court. -------------------------------------- --------------------- CAPTION OF CASE (entire caption must be state in full) SEAN PRESSLEY (Plaintiff) VS. PA DEPT. OF CORRECTIONS, et al. (Defendant) No. 05-3455 Civ 1. State matter to be argued (i.e., plaintiff's motic demurrer to complaint, etc.): Defendants' Motion for Enlargement of Time to Ansv 2. Identify counsel who will argue case: (a) for plaintiff: Sean Pressley CG-4129 Address: SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 (b) for defendant: Raymond W. Dorian, Assiste Address: Pa Dept of Corrections 55 Utley Drive Camp Hill, PA 17011 3. I will notify all parties in writing within two d: listed for argument. 4. Argument Court Date: Can be decided on briefs only. Dated: May 31, 2006 for new trial, defendant's Counsel that this case has been Attorney for Defen?dan Attorney ID No. 481148 *? ca r;'i . rR ^r ?r ??CJ - rn _ ,e Zr . IN THE COURT OF COMMON P CUMBERLAND COUNTY-PENN CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, V. : PA DEPARTMENT OF CORRECTIONS et. al., Defendants. No. 05-3455 1 DEFENDANTS' ANSWER TO SFOR ?ANIA 'S AND NOW, come the Defendants, Pa. Department f Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant ounsel, and answer as follows: 1. ADMITTED that the Plaintiff is an inmate c ently incarcerated at the State Correctional Institution at Camp Hill ("SCI-Camp 2. ADMITTED that the Defendants include past of the Department of Corrections at SCI-Camp Hill, Institution at Greene ("SCI-Greene") and the former State at Pittsburgh ("SCI-Pittsburgh"). 3. ADMITTED in part; DENIED in part. A Complaint, the Plaintiff alleges some of his personal present employees State Correctional ectional Institution 'ED that in his became missing while in custody. The rest of this averment is DENI4D and proof thereof is demanded. The Defendants incorporate their Answer Jo Plaintiff's Complaint herein by reference, which Answer will be filed in the 4. ADMITTED that on September 19, 2005, Preliminary Objections to the Plaintiff's Complaint. 5. ADMITTED that the Plaintiff filed a Defendants' Preliminary Objections. 6. ADMITTED that on December 2, 2005, Defendants' Preliminary Objections to the Plaintiff s 7. ADMITTED that the Defendants have not Plaintiffs Complaint. By way of further answer, the motion for enlargement of time in which to answer the which motion the Defendants have attached a draft Complaint. Therefore, the Plaintiff s motion is premature. WHEREFORE, the Defendants request that the Judgment on the Pleadings be denied and dismissed. future. Defendants filed their in opposition to the Court dismissed the an Answer to the have filed a s Complaint, to to Plaintiff s s Motion for 2 Respectfully Office of General aym Id W. Doria Assi tant C.D. Attorney I.D. No. 48148 Pennsylvania Depart ent of Corrections Office of Chief Cou sel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: May 31, 2006 3 IN THE COURT OF COMMON P CUMBERLAND COUNTY-PENN CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, V. PA DEPARTMENT OF CORRECTIONS et. al., No. 05-3455 Defendants. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in correct copy of the foregoing Answer to Motion for Ji upon the person(s) and in the manner indicated below. ;FOR -ANIA U.S. mail a true and vent on the Pleadings Renee J. RobV rts Legal Assistant I Pennsylvania Depart55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 of Corrections Dated: May 31, 2006 ? N O OM x - JUN 0 9. 2006 IN THE COURT OF COMMON PLEAS- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. r7 ORDER AND NOW, this ` ? day o, 20116; upon consideration of the Defendants' Motion for Enlargement of Time to Answer, it is hereby ORDERED that the Motion is GRANTED and the Defendants have 20 days from the date hereof to file their Answer to the Plaintiff s Complaint with New Matter. BS b?0 ,o$ J. w .... `?' ?' ?- u_??? ? ,.t - t-° w ?` ? s-- ?? ? ;L . r ?'- ? r .p G' C3 o c-, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. NOTICE TO PLEAD TO: SEAN PRESSLEY, CG-4129, SCI-CAMP HILL The Defendants hereby notify the Plaintiff that he has 20 days in which to respond to the New Matter contained herein or else suffer a default judgment. Respectfully submitted, Ra nd W. Dorian Assi taut Counsel Attorney ID No. 48148 PA Department of Corrections 55 Utley Drive Camp Hill, PA 17001 (717) 731-0444 Dated: June 12, 2006 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, come the Defendants, Pa. Department of Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel, and answer as follows: PRELIMINARY STATEMENT 1. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff is an inmate currently incarcerated at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). The rest of this averment is DENIED and proof thereof is demanded. By way of further answer, the Plaintiff is not entitled to any relief. JURISDICTION 2. This is a conclusion of law to which no response is necessary. PARTIES 3. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff is an inmate currently incarcerated at SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 4. ADMITTED in part; DENIED in part. ADMITTED that the Department of Corrections is a Commonwealth agency which has custody of the Plaintiff. It is also ADMITTED that the Department has maintained custody of some of the Plaintiff's personal property. The rest of this averment is DENIED and proof thereof is demanded. 5. ADMITTED in part; DENIED in part. ADMITTED that Defendant Huber is a property officer in the Special Management Unit ("SMU") at SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 6. ADMITTED in part; DENIED in part. ADMITTED that Defendant Grady was a property sergeant at SCI-Greene. The rest of this averment is DENIED and proof thereof is demanded. 7. ADMITTED in part; DENIED in part. ADMITTED that Defendant Bailey was a property sergeant at SCI-Pittsburgh. The rest of this averment is DENIED and proof thereof is demanded. 8. Paragraphs 5-7 of the Defendants' Answer to Plaintiff's Complaint are incorporated herein by reference. 2 FACTS 9. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff was permitted to purchase certain personal property while in the custody of the Defendants. By way of further answer, the property acquired by the Plaintiff would be reflected in the personal inventory forms maintained by the Department. According to Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, the Plaintiff had only one prayer rug, two kuffees and no radio at the time. The rest of this averment is DENIED and proof thereof is demanded. 10. ADMITTED that on March 28, 2000, the Plaintiff was transferred to the Restricted Housing Unit ("RHU") at SCI-Pittsburgh. 11. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 12. ADMITTED in part; DENIED in part. ADMITTED that on June 13, 2000, the Plaintiff was transferred from SCI-Pittsburgh to SCI-Greene. The rest of this averment is DENIED and proof thereof is demanded. 13. DENIED. Proof thereof is demanded. On the contrary, it is believed that the Plaintiff s property was inventoried on November 23, 2002. 3 14. ADMITTED in part; DENIED in part. ADMITTED that on June 11, 2003, the Plaintiff was transferred from SCI-Greene to SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 15. DENIED. Proof thereof is demanded. On the contrary, it is believed that the Plaintiff lost his "Super III Radio" before June 1, 2003. According to Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, the Plaintiff reported his radio missing as of that date. 16. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 17. ADMITTED that on June 11, 2003, the Plaintiff was transferred from SCI-Greene to SCI-Camp Hill and that Defendant Huber was the property officer in the SMU at SCI-Camp Hill. 18. ADMITTED that Defendant Huber unsealed the Plaintiff's property. By way of further answer, he was assisted by another Officer and the property was inventoried, packed and stored in accordance with Department policy. 19. DENIED. Proof thereof is demanded. By way of further answer, according to Inmate Personal Property Inventory No. A442455, there was a TV and antenna in the Plaintiff's property at the time. In addition, according to Inmate 4 Personal Property Inventory No. A301599, dated November 23, 2002, the Plaintiff had already reported his radio missing as of that date. 20. DENIED. Proof thereof is demanded. On the contrary, it is believed that some or all of the Plaintiff's property was missing prior to his transfer to SCI- Camp Hill. 21. DENIED. Proof thereof is demanded. 22. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff complained to officials at SCI-Camp Hill about missing property. The rest of this averment is DENIED and proof thereof is demanded. On the contrary, staff at SCI-Camp Hill did respond to the Plaintiff s complaint. 23. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 24. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 25. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 26. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 5 27. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 28. This is a conclusion of law to which no response is necessary. WHEREFORE, the Defendants request that the Plaintiff's Complaint be dismissed and judgment be entered in favor of the Defendants and against the Plaintiff. NEW MATTER By way of New Matter, the Defendants aver as follows: 29. According to the Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, the Plaintiff had only one prayer rug, two kuffees and no radio at the time. He reported his radio missing at that time. 30. A true and correct copy of Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, is attached hereto and marked Exhibit A. 31. According to the Inmate Personal Property Inventory form No. A442455, dated June 16, 2003, the Plaintiff had no prayer rug, no kuffees and no radio at the time. 32. A true and correct copy of Inmate Personal Property Inventory form No. A442455, dated June 16, 2003, is attached hereto and marked Exhibit B. 6 33. On June 16, 2003, some of the Plaintiff's property was confiscated and two confiscated items receipts issued to him. True and correct copies of the two confiscated items receipts are attached and marked Exhibit C. 34. The attached Inmate Personal Property Inventory forms and confiscated items receipts are accurate and correct. 35. At all times material the Plaintiff's personal property was processed and handled in a customary and careful manner in accordance with Department policy. 36. At all times material the Plaintiff was offered the opportunity to ship his contraband property to his home address. 37. The Department of Corrections has the legal authority to regulate the type and amount of property held by inmates. 38. At no time did the Defendants violate the Plaintiffs constitutional, federal or state rights. 39. The Plaintiff's claim for loss of personal property is barred by the applicable two-year statute of limitations. 71 P.S. § 2401 et seq.; 42 Pa.C.S.A. § 5524(3). 40. The Defendants acted at all times within the scope of their authority and without any actual or imputed knowledge that their actions violated any of the Plaintiff's constitutional rights and, therefore, are immune from suit. 7 41. The Defendants at all times were acting in reliance upon valid federal and state laws and regulations. 42. The Defendants assert each and every defense available to them under the existing Civil Rights Act. 43. Whatever injuries or damages were sustained by the Plaintiff, as alleged, were caused in whole or in part or were contributed to by reasons of the negligent or intentional conduct of the Plaintiff. 44. The acts or omissions of the Defendants which were alleged to constitute negligent or more culpable conduct were not substantial causes or factors in the injuries sustained by Plaintiff. 45. Any and all damages or injuries sustained by the Plaintiff resulted not from the conduct or acts of the Defendants, but from the conduct or acts of the Plaintiff or other persons. 46. Whatever actions may have been taken by the Defendants that caused loss to the Plaintiff were justified. 47. The Defendants' conduct was neither negligent nor more culpable. 48. The Defendants lack personal or direct involvement in any of the alleged violations of the Plaintiff's rights. 8 49. The Plaintiff s state law claims are barred by sovereign immunity and are not waived by any of the exceptions thereto. 1 Pa.C.S. §2310; 42 Pa.C.S. §8522. 50. To the extent that immunity has been waived with respect to any of the Plaintiffs claims, the Defendants assert all defenses to and limitations upon those claims which are or may hereafter be set forth at 42 Pa.C.S. §§8522 - 8528. 51. The Defendants are entitled to official immunity from the Plaintiffs claims. 52. At all times relevant hereto any actions or inactions of the Defendants were done within the scope of their authority in good faith and without malice. 53. The Defendants are entitled to objective good faith immunity from the Plaintiff s claims and have not violated any rights and/or clearly established rights of the Plaintiff. 54. Whatever actions or inactions committed by the Defendants which may have caused loss to the Plaintiff, (but expressly denied), were justified. 55. The Plaintiff consented to any actions or inactions committed by the Defendants, and therefore, the Plaintiffs claims are barred against the Defendants. 56. Any actions or inactions committed by the Defendants were done pursuant to duties required by statute, regulation or directive and therefore the Defendants are immune. 9 57. Any actions or inactions committed by the Defendants were matters within the discretion granted to the Defendants by statute, regulation or directive and therefore the Defendants are immune. 58. The Plaintiff's claim is barred by the doctrines of res judicata and/or collateral estoppel. 59. The Plaintiff's claims are barred for failure to comply with the provisions of the State and Federal Prisoner Litigation Reform Act ("PLRA"), including the failure to exhaust his administrative remedies, 42 U.S.C. §1997e. Respectfully submitted, Office of General Counsel Ra nd W. Dorian Assi tant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: June 12, 2006 10 Sean Pressley v. Pa. DOC, et al. VERIFICATION I, David Bailey, former Corrections Officer 1, SCI-Pittsburgh, have reviewed the foregoing Defendants' Answer to Plaintiff's Complaint with New Matter and I declare under penalty of perjury that the factual averments set forth herein are true and correct, and that I give this verification subject to the criminal penalties relating to unsworn falsification to authorities, 18 Pa.C.S.A. §4904. Date David Bailey Former Corrections Officer 1 SCI-Pittsburgh Sean Pressley v. Pa. DOC, et al. VERIFICATION I, Adam Huber, Corrections Officer 1, SCI-Camp Hill, have reviewed the foregoing Defendants' Answer to Plaintiffs Complaint with New Matter and I declare under penalty of perjury that the factual averments set forth herein are true and correct, and that I give this verification subject to the criminal penalties relating to unsworn falsification to authorities, 18 Pa.C.S.A. §4904. ?- I - C)(? a WLb - Date Adam Huber Corrections Officer 1 SCI-Camp Hill f I IN-') DC-153 OF PENNSYLVANIA INMATE PERSONAL PROPERTY INVE TOR /,/7/ COMM DEPARTMENT ONWEALTH OF CORRECTIONS ? Transfer ? Hold ? Initial Disposition Other DC Number Name J Method of Disposition S-Ship R-Return to inmate p 301599 D-Destroy H-Hold for Inmate CLOT ING & ACCESSORIES TOBACCO ITEMS MISCELLANEOUS ITEMS ITEM NO. METH. ITEM NO. METH. ITEM NO. METH. REM NO. METH. ITEM NO. METN Ath. Shorts T-Shirt 212 Ash Tray / Bag-Laundry Playing Cards Ath. Supports Undershirt Cigarette Papers Basin Posters Belt Undershorts (p ZP, Cigarette Roller Batteries Religious Books Cap Underwear Bot. Cigarettes-Car. Books Religious Mat. Coat Underwear Lg. Cigarettes-Pkg. Bucket Religious Metal Coat-Rain Underwear Top IIA Cigars Carbon Paper Rug Coat-Top Vest Lighters Checkers Ruler Gloves GROOMING Matches Chess Spoon Handkerchief ITEMS Pipe Cup Tablet Paper Hat REM NO. METH. Pipe Cleaners Dictionary Thread Jacket Brush Pipe Filters Earphones Tissue Overcoat' Comb Z Tobacco-Chew Envelopes Tub Pajamas Dental Floss Tobacco-Cig. Erasers Typing Paper Robe Denture Cup Tobacco-Pipe Extension Cord Wallet Scarf Dentures Tobacco-Pouch Eyeglass Case Wastebasket Shirt Deodorant Tobacco-Snuff Eyeglasses Writing Paper Shoe Brush Hair Dressing FOOD Eyeglasses-Sun 4 Shoe Polish Hair Pick ITEMS Games A?k z /2 Shoes-Boots Lotion-Shave ITEM NO. METH. Glass X Z Shoes-Dress Lotion-Body Candy-Bag Gym Bag Shoes-Over Lotion-Hand J Candy-Bars Headset E 7- Shoes-Shower Mirror Chips Key Ring Shoes-Sandal Nail Clippers Coffee Keys q Shoes-Sneakers Petroleum Jelly Cookies Lamp Shoes-Tennis Razor Crackers. Legal Books Shoes-Work Razor Blades Creamers Legal Material Shower Cap Shampoo .2 Drink Mix Lock Slippers Shaving Cream Hot Chocolate Loose-leaf Bnd. Socks 2 JIZ Soap Peanuts Magazines 9 Suit Soap Dish Pretzels Neck Chain Sweat Belt Talcum Powder Sugar Needles Sweat Pants Toothbrush 14 1 Tea Notebook Sweat Shirt Toothpaste/Pwd. Pencils Sweat Suit Towel Z Pencil Shrp. Sweaters Tweezers Pens Tie Washcloth Photo Album Trousers Photographs 3 3 /iPnlt ST/// `... DC-153 COMMONWEALTH OF PENNSYLVANIA INMATE PERSONAL PROPERTY INVENTORY DEPARTMENT OF CORRECTIONS ? Transfer ? Hold ? Initial Disposition ? Other DC Number /- 41 a('j Name ?C ?. 5Sk \0 G+ a J Method of Disposition t1 442455 S-Ship R-Return to Inmate D-Destroy H-Hold for Inmate CLOTHING & ACCESSORIES TOBACCO ITEMS MISCELLANEOUS ITEMS ITEM NO. METH. ITEM NO. METH. ITEM NO. METH. ITEM NO. METH. ITEM NO. METH. Ath. Shorts j tF- T-Shirt Ash Tray Bag-Laundry Playing Card Ath. Supports _ Undershirt Cigarette Papers Basin Posters Belt Undershorts Cigarette Roller Batteries Religious Books Cap Underwear Bot. Cigarettes-Car. Books Religious Mat. Coat Underwear Lg. t Cigarettes-Pkg. Bucket Religious Metal Coat-Rain Underwear Top Cigars Carbon Paper Rug Coat-Top Vest Lighters Checkers Ruler Gloves GROOMING Matches Chess Spoon Handkerchief ITEMS Pipe Cup Tablet Paper Hal ITEM NO. METH. Pipe Cleaners DICtIOna(y Thread Jacket Brush Pipe Filters Earphones Tissue Overcoat Comb Tobacco-Chew Envelopes Tub Pajamas Dental Floss Tobacco-Cig. Erasers Typing Paper Robe Denture Cup Tobacco-Pipe Extension Cord Wallet Scarf Dentures Tobacco-Pouch Eyeglass Case Wastebasket Shirt Deodorant Tobacco-Snuff Eyeglasses Writing Paper Shoe Brush Hair Dressin 6 FOOD Eyeglasses-Sun Shoe Polish Hair Pick ITEMS Games nA? ?t t Shoss-BOots Lotion-Shave ITEM NO. METH. Glass ( S N Shoes-Dress Lotion-Body Candy-Bag Gym Bag Shoes-Over Lotion-Hand Candy-Bars Headset Shoes-Showe(ff Mirror Chips Key Ring Shoes-Sandal Nail Clippers Coffee Keys Shoes-Sneakers Petroleum Jelly Cookies Lamp Shoes-Tennis Razor Crackers Legal Books Shoes-Work Razor Blades Creamers Legal Material Shower Cap Shampoo Drink Mix- Lock Slippers Shaving Cream Hot Chocolate Loose-leaf. Bnd. Sock t} Soap Peanuts Magazines tyW Suit Soap Dish Pretzels Neck Chain Sweat Belt Talcum Powder Sugar Needles Sweat Pants Toothbrus Tea Notebook Sweat Shirt Toothpaste/Pwd. Pencils Sweat ft Towel Pencil Shrp. Sweaters Tweezers Pens }t' Tie Washcloth Photo Album Trousers Photographs . -.- at.ctz2...VR;nAi (r i DC•15dA. COMMONW TH OF PENNSYLVANIA NO.:?? `._ Q 4 972 8 DEPARTMENT OF CORRECTIONS Confiscated Items Receipt Inmate DCGNumber, N e". 1 ie SPC r U-01 Cell a' Facility SC pate -lbG i g e Time DaRando, Seardh Misconduct Report Comment: ?Dener#I Search: _Prepared ? Inuest getr a 5i3arch 0 Yes ? No =n mq I e (4A i< 1 4to 5 Items-Y,'Confiscated` Oisnosition Item(s) Confiscated 21 osftfon 1.I(Cc?SS 2. LYC PSS ea ECG Cnmb 3. FX( 4. E=x<?sS `` C-XOoss Pod I e,? ?D 6. elxrlos3 Gda (o ton ??01 7. L?lC ASS 8. EYCpSS 9. Ca°S? a1 1rJr 1'09 I 10. (C) Signature.and Title of'Officer Confiscating the Item(s) lG ? Signature and Title gf.Officer Disposing of the Item(s) 1. DC 15 2.,-Deputy Superintendent for Facilities Management No. DC-Number 97;L 9 Confiscated Items me,- Cell r e sip a- rch Misconduct Report 00\? 2. llo (d 4 s. Hold I r 7-U: 777- Signature and `fitle of Offi ng the of the Item(s) 3. Inmate MMONWEALTH OF PENNSYLVANIA )EPkRTMENT OF CORRECTIONS pt (Inmate) Facility Date Time Sc I 6-16-0 > 1'A'? <, EXHIBIT C IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Defendants' Answer to Plaintiff's Complaint with New Matter upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill P.O. Box 200 Camp Hill, PA 17001 6 Renee J. Ro rts Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: June 12, 2006 . > -rt C- ?.. ? ?_, 7 ??i ?+}i-' .,?;? Lu ,.? 'r -, ._-. -r? .- , , ,; i ? ?? _ i -? .?? C? b? c c? Cc, - Rnn3 1 uC,-n°t : NO. C?5-3?55 C6 27 AND NC W, c ova ?kc4A ;, ?fo ?, NEu_) a,q. kDrALIED 'i,r) l y) -4-- ?3?15? ?ld?d?l?x?o r IOLA n? vka:kw fi ter - W ?s i?iAio COOZ n4- lo?a 0. WrATTEC-1)V e4 . P?1?N4 TED +k\4 ok_co?(N'y'V 4p :Ev w& 31. NWTITE1 to l VIAj 6_.nIccA in JAC, ???? !b,3e no p no ZIL?_ , o Ku s af_) n mad Q?- - 4 w ? F, N'ZEVj ' w?,1 ?s?s ill l P tic, n t`?Icuw 3a . b?DIM'??E?J i&A 3q- D eNl E D . ncr?- l;sk- avuv?4 b ?? 3 5 . D r-..vi%tA,- . ?J 310. DENZED_ (3 -4A4ptc?; C-, A i ?v??t-r?'? J???i ?r? ?( ?r? c?r??v.+? ?? l? rc? U Vvt.s a;4 +o cm-)d awCU4 n-?- pfo 1+ vI " P ._ y S, be-ti?L& t). H6. 06NI-L=, LI -7. O E NT U O_ 4I -'OENMED. `!qt, 0B1,146,0- 50. D6N.zEp, 5 0 53 l?6N:L F, D. t)4. U6WZEU fib- Z?G-N? ?- 57- bF M60. SAS. OGNT-EO- 57. DEPT G[). ?-Qti-k1? Q-yox 2-ov C??11PA 11(COMO -?o2c C,IL"6vAO-VICS C Y) 3 ?tas, G k ' ?,- 1 ? '? Ut. , C-n V- rc? C?C? Cam- 'Ptom\-?- upon ? -?- v-, W? _aR -0 one, d vvt.GY1c? tom. ???c?'> ?-?? 1-7011 "4 f )A Ro. C-A-me Rt (I I Pk 06 ion l c?? IJo. OS-3' 55 vs. CC- Cf)rY rL nS e ?9 Gtn 1n C1?t?Y'E5r?c? ?1\ LSC N?;?l) c©rv?n °N ,atdibn ' ?n T 1wih. a,s d&d ;?am?ovs and / or b -v??s?,?lx?u? O? C©rrov CDbC In his co +v?-? vd??-R vas l -?IMI? 1iaccs ?n ` 1st 5 c?vv?t??, 3-2.7-01D 3 ?c'aJ V)c iktA4Z own g ? ____11 } NVr? ?Y1S? t ? 5 C ckk o'n on 5 -19 S 0.Y?o ?S ? b 4U WU -- On 7-22-05 E? '\ Pry ob? E^c,o t,?9i -@, CAwoYl q ?( -0S. r I()- 2-©5 P K +? lasts r 5 rzL Cb kc, oc, an 60 Z!o on VjA C, neon 4o zyv 0- ud 4_?4 b T ro -Eon z 4i. ex ?1+us vuf-- wrv? ? ? =POYk)cam-. z. Ha,o? Thy O?nd??cs D? 8 V7?-, I, T© koaz,:.c t?lcav? S I Covr ?la?? 9? -Mg, GDs NTAL, . `bus. a. O©E,s `cam CCUA- T h?, b?ur? oPEx, / 014-6 ?, su s-? 6sw2'. No. vvcc?,?, ? obJ I+vt P SI?QI CkK?u o 4\ YVA\\k,\ o rs 1na,,? ??? 0-0 d CAC)LP(?- SI?QI? . Wl?c€? c, 4 S'cs, c c? PGA ??Q? V.? r? Zvi ZAc. (chi a , y? ?Fa CwN,wM-\ AlCC. hen S?F.c CL MDk on J 4 rn - pn v Pl v? s , R Ia?3q r -?- by es ?^a C Ong . ?Q . ?b 103q PI a, c.1??, I c ?k"n L-5k" w? cis roc c unrw4, '"&) + a v 1 a ? `vu ?\ ;fYA av\a rrA?Ex?,? doc ?n?S c c? c?c 4)6?L Wi,,m AA&E, vac t6 an n(A, X96 C 4- trio 30 d?? 010??-?-ion ©n la_a-os ? kl?r an?x d? ooh-lean av) oc? can c- -{-? w,t, a a 60 ? u> \ 5 - 30 5 MCmkAAS Ct? ?, -b d«wu ok--k ur objr ?s nod ow wEIVv roi, \0 C ? bv.- to ia4 ?s on -s-© w\ uv? Q vv , s . ' (??? -ji.. I-vvc, COLL4 Yv,-Z, -Av? 14-? ko ?OA- I CCO& aid 44 'p= Ts wo-?w?n c J o -K , Pls art -?- dpsigj? d \ -?o c, -N co d J? act Its tc, 54? n \,OLA- TOMASR I& an t to urn ?o are ?=c c% L??n ,15t cc ` °, Aiuu Ckc 3c) cc v&. 3 ?tl',? r _ fit? Arc 0 mc?a C"I cap Nww\ 5 ' k ors Own JK "as 7?vvkL4?. > c?,??- d?`?•?? ??{1tab 16 CL u ds coyv? d- \Dos,s Ac c,`'? tv? C)p CL, 4 c 75? LJ ?S? ' S i ,? 4 C-,C)Q ftL?? IDt 55 L p+?1 (`} r'i C?? 77 ? ? ? ? -. a. -• ' !.. "? F, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF : CORRECTIONS et. al., Defendants. DEFENDANTS' MOTION FOR LEAVE TO DEPOSE INMATE PLAINTIFF AND NOW, come the Defendants Pa. Department of Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel, and move this Honorable Court, pursuant to Pa. R.C.P. 4007.2(d) as follows: 1. This is a civil rights action brought by inmate Sean Pressley ("Plaintiff'), who is currently confined in the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 2. The Defendants are employees of the Department of Corrections at SCI-Camp Hill. 3. In his Complaint, the Plaintiff alleges that certain personal property of his was lost or destroyed by staff at SCI-Camp Hill. These items include two Wees, one prayer rug and a television. 4. The deposition of the Plaintiff is necessary for the Defendants to properly defend against this action and to prepare for trial. 5. An Order permitting the Defendants to depose the Plaintiff will not delay this matter. 6. The Plaintiff will not be prejudiced by the granting of this motion. 7. The deposition of the Plaintiff is necessary, since his allegations of loss of personal property raise credibility issues. WHEREFORE, the Defendants request that the Court enter an order permitting the Defendants to depose the Plaintiff at a time and date agreeable to the prison administration at SCI-Camp Hill or other state correctional facility where he may be housed. Respect ly submitted, //?6 /Ray/nand W. Dorian Assistant Counsel Attorney I.D. No. 48148 PA Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: July 28, 2006 ¦ O % IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. : CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U. S. mail a true and correct copy of the foregoing Motion for Leave to Depose Inmate Plaintiff upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 Renee J. Rob4 jts Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: July 28, 2006 r .5 ?.. ?_?. , :? ' ti ; ---? _ .; T. 9 -._ • ` 1 - ?t .. 5 RECEIVES A'J6 0 2 2606 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. ORDER AND NOW, this%Oday of , 2006, upon consideration of the Defendants' Motion for Leave to Depose Plaintiff Inmate, it is hereby ORDERED that the Motion is GRANTED and the Defendants are permitted to depose the Plaintiff at a time and place convenient to the prison administration at SCI-Camp Hill or other facility where he is held. ilk FILED-OFICE OF THE PROTHONOTARY 2006 AUG 1 { AM 10* 44 CUWB -;L,: CADUNTY PENNSYLVANIA SEAN PRESSLEY, PLAINTIFF V. DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3455 CIVIL TERM ORDER OF COURT AND NOW, this 2! day of August, 2006, plaintiffs motion forjudgment on the pleadings, IS DENIED.' i'l can Pressley, CG 4129, Pro se SCI-Camp Hill P.O. Box 200 Camp Hill, PA 17001 !/"aymond W. Dorian, Esquire Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 :sal lZa o60, ' Defendants filed a responsive pleading in the time allowed by an order dated June 7, 2006. 5h:IiA hzJf179DOZ AUViG O LO- d 3H130 30HO-Mllj rL& 4/c/I p k.- x'1'1' P\V)f" (,'? ?, - 1 -.24vq i --AIN rk 1'76i-,3 2 C- 3 Lf ba-6'CA--Jtof) - kc cc Iz- 0600-14-Vr ic? WTY r Caf4t6nEj j% ja i-' c foxi nom- Fro8u(A^Dr, CX- C?XAcfy\ecrctt---? AJcv()&cv\k L Pialvj &o tv 4f- d?; on LO u C, VA J 1, - ,iF X IbYpt " ? 1?C Ccc?iJ11'? tC(: C?rl f ? `?A J.? ??? /,vZ -- ?2z?'--??? C??;?-? -t' ?i.??oC?? t???f??' •l??Ct? ??t ?' t?(?r `??i il??C-?`???i ?£. t rtc?. ("till 6-- ? inc.; 15,3 _1_ o rru y rtcf-? f) .. 1,3 o5 C&I V1 1 )! '??t11?1? y - ' r,tE7 .? Cc rA C+ A?Vnai,)(u 6aj"4 d6co(. 0i _ s - ?, .l, r, ©?j€ L t :? pla rn ,? z , 11'1 Cc i ?' C? 11 Oct, & l3 `C uC:z- ? okcci o 6n def 1, 4c'. TIm 5 ?--c+ tllcdle-i oic H (lat'no In 'fkiS 41 LL ? i PL 40 Ltl?,-:sue. orb q-e-0, 7 1 3t 4v. l I.7q 1 A ' Cavv?) I7c) i ; ? v,(Mt , Pm ??3 26. The number of prisoners confined in disciplinary custody in the Commonwealth of Pennsylvania between 1997 and present, for the following amounts of time: (a) -one to two continuous years; (b) two to three continuous years; (c) three to four continuous years; (d) four to five continuous years; (e) five to six continuous years; (0 six to seven continuous years; and (g) seven to eight continuous years. -8- fiIL/ hvi1 ?, 2m"1 Ccwtn a rn c. LYE Cc - ?r4a 14 - 1 zQ?? SEAN PRESSLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEPARTMENT OF CORRECTIONS, DEFENDANT : 05-3455 CIVIL TERM ORDER OF COURT AND NOW, this day of April, 2007, on the motion of plaintiff to compel discovery, IT IS DIRECTED that plaintiff file his interrogatories and the answers thereto by defendant of record in the Prothonotary's Office with a directive that the Prothonotary forward them to this judge in order to determine if the motion to compel should be granted. X an Pressley, CG 4129, Pro se SCI- 301 Morea Road Frackville, PA 17932 ,,Aaymond W. Dorian, Esquire PA Department of Corrections 55 Utley Drive Camp Hill, PA 17001 y :sal Edgar B. Bay C" 'J r- pr ? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRES SLEY, Plaintiff, V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. No. 05-3455 DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION TO COMPEL AND DECLARATION AND NOW, comes the Defendants, Pennsylvania Department of Corrections, by and through their attorney, Raymond W. Dorian, Assistant Counsel, and answers as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED that counsel for the Defendants asked the Plaintiff for an extension of time to answer discovery. 5. ADMITTED in part; DENIED in part. ADMITTED that on December 28, 2006, the Plaintiff was served with Defendant Huber's Answers to Plaintiff's Interrogatories and Request for Production of Documents. DENIED 1 that the Answers were incomplete. A true and correct copy of Defendant Huber's Answers to Plaintiff's Interrogatories are attached. 6. ADMITTED in part; DENIED in part. ADMITTED that on January 8, 2007, the Plaintiff wrote to counsel for the Defendant. DENIED that Defendant Huber's Answers to the Plaintiff s Interrogatories were incomplete. 7. ADMITTED that the Plaintiff s Interrogatory number 10 reads as stated. 8. DENIED. On the contrary, Defendant Huber's Answer to Interrogatory number 10 reads as follows: "See attached copies of Plaintiff s DC- 153 or Inmate Personal Inventory Form Number A442455, dated June 16, 2003 and Confiscated Item Receipts numbers A449728 and A449729, dated June 16, 2003." 9. DENIED that Defendant Huber objected to Plaintiffs Interrogatory number 10. See Answer to Paragraph number 8, above. 10. ADMITTED only that Defendant Huber was the Property Officer in the SMU. 11. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. By way of further answer, any such 2 alleged habit or routine practice evidence concerning Defendant Huber is inadmissible. 12. This is a conclusion of law to which no response is necessary. WHEREFORE, the Defendants request that the Plaintiffs Motion to Compel Discovery be denied. Respectfully submitted, Rayyfiond W. Dorian Assistant Counsel Attorney I.D. No. 48148 PA Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: May 3, 2007 3 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRES SLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U. S. mail a true and correct copy of the foregoing Defendants' Answer to Plaintiff's Motion to Compel and Declaration upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Mahanoy 301 Morea Road Frackville, PA 17932 , ,Inn L_ Renee J. Robe# Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: May 3, 2007 ? ?=' `? ?'-7t ,,, .?y .-,t - _ 4 ti ? •:a i?i'3 t + '?t .., i lLL t'..-'"? Hy. A IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, V. PA DEPARTMENT OF CORRECTIONS et. al., No. Q5-3455 Defendants. DEFENDANTS' ANSWER TO PLAINTIFF'S SUPPLEMENTAL MOTION TO COMPEL DISCOVERY AND NOW, come the Defendants, Pa. Department of Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel, and answer as follows: [The Plaintiff's Supplemental Motion to Compel Discovery consists of one un-numbered paragraph. However, he had attached a Declaration in support of his Supplemental Motion which consists of ten numbered paragraphs. The Defendants will answer the paragraphs contained in the Plaintiff's Declaration.] I. DENIED that the Defendants are evading the Plaintiff's discovery request. On the contrary, the Defendants have fully and completely responded to all of the Plaintiff s discovery requests and objected to those requests which called for the release of privileged and confidential documents. 2. ADMITTED that Defendants Bailey and Grady are no longer employed by the Pennsylvania Department of Corrections. It is also ADMITTED that they do not have access to the Department records, because they no longer work for the Department. By way of further, the Defendants have produced all relevant documents. 3. ADMITTED that the Defendants indicated in their Answers to the Plaintiff's Interrogatories, that they would produce additional documentation, if they exist and are found. The Defendants continue to look for any additional documentation which meet the Plaintiff s reasonable requests. 4. DENIED. On the contrary, former employees of the Department of Corrections are not required to maintain files or records sought by the Plaintiff. It is also DENIED that the Defendants are evading the Plaintiff's discovery requests for any improper reason. On the contrary, the Defendants' Answers to the Plaintiff's three sets of Interrogatories are complete and responsive. 5. DENIED. On the contrary, the Defendants are not evading the Plaintiff's reasonable discovery requests. On the contrary, the Defendants continue to track down those non-privileged documents which the Plaintiff previously requested and will provide them, if they exist. 2 6. DENIED. The Defendants are not withholding any documentation from the Plaintiff for any improper reason. They will produce any additional relevant documentation. 7. ADMITTED that the Court dismissed the Defendants' Preliminary Objections to Plaintiffs Complaint and the Defendants filed an Answer to Plaintiffs Complaint. By way of further answer, the Defendants sought an extension of time before answering the Plaintiff s Complaint. 8. ADMITTED in part; DENIED in part. Defendant Bailey served his Answers to Plaintiff s Interrogatories and Request for Production of Documents on December 21, 2006. On December 28, 2006, the Plaintiff was served with Defendant Huber's Answers to Plaintiffs Interrogatories and Request for Production of Documents. On February 7, 2007, the Plaintiff was served with Defendant Grady's Answers to Plaintiff's Interrogatories and Request for Production of Documents. 9. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff has attached a document entitled "Documents Chart." DENIED that the Plaintiff requires all of the records indicated in the "Documents Chart" and/or that the Defendants are refusing to disclose any relevant non-privileged documentation requested by the Plaintiff. 3 10. DENIED that the Court should enter an Order granting the Plaintiff's Request for Supplemental Motion for Motion to Compel Discovery. The Defendants' actions do not warrant the imposition of sanctions. WHEREFORE, the Defendants request that the Plaintiffs Supplemental Motion to Compel Discovery be denied. Respectfully submitted, Office of General Counsel ay and W. Dorian Assistant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: September 5, 2007 4 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF : CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Answer to Plaintiff's Supplemental Motion to Compel Discovery upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill PO Box 200 Camp Hill, PA 17001-0200 . 4A)-t-, v?X4" Renee J. Robert Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: September 5, 2007 `° 'mot a t VJ SEAN PRESSLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEPARTMENT OF CORRECTIONS, DEFENDANT 05-3455 CIVIL TERM ORDER OF COURT AND NOW, this ZI day of September, 2007, plaintiff's supplemental motion to compel discovery, IS DENIED. Plaintiff's motion for sanctions, IS DENIED. I,Zean Pressley, CG 4129, Pro se SCI-Frackville 301 Morea Road Frackville, PA 17932 x aymond W. Dorian, Esquire PA Department of Corrections 55 Utley Drive Camp Hill, PA 17001 sal , By the ?Qu G? Edgar B. Bayley, J. CC i f ? 1M1 ?? A y PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ------------------------------------------------------------------------------------ CAPTION OF CASE (entire caption must be state in full) SEAN PRESSLEY (Plaintiff) VS. PA DEPT. OF CORRECTIONS, et al. (Defendant) No. 05-3455 Civil 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for Plaintiff: Sean Pressley CG-4129 Address: SCI-Mahanoy 301 Morea Road Frackville, PA 17932 (b) for Defendants: Raymond W. Dorian, Assistant Counsel Address: Pa Dept of Corrections 55 Utley Drive Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Can be decided on briefs only. Dated: February 4, 2008 for ey for Defendants Attorney ID No. 48148 7 z- a do - ty I I Z E7L- w L'i I JLU LL- Z) O 0 c?+ i? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS, et al., : Defendants. : DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, come the Defendants, Pennsylvania Department of Corrections, et al., by and through its attorney, Raymond W. Dorian, Assistant Counsel, and pursuant to Rule 1034 of the Pa. Rules of Civil Procedure, move this Honorable Court as follows: I. The Plaintiff is an inmate formerly incarcerated at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 2. The Defendants include past and present employees of the Pennsylvania Department of Corrections at SCI-Camp Hill, the State Correctional Institution at Greene ("SCI-Greene") and the State Correctional Institution at Pittsburgh ("SCI-Pittsburgh"). 3. In his Complaint, the Plaintiff alleges that on June 13, 2000, he left SCI-Pittsburgh and became aware that some of his property was missing. Complaint at 1 12. He also alleges that on June 10, 2003, he was transferred from SCI-Greene to SCI-Camp Hill and his personal property processed. Id. at 11 14. Shortly after his arrival at SCI-Camp Hill, he determined that certain items were missing from his property including two kufees, one prayer rug and a television. Id. at ¶ 19. The Plaintiff estimates the value of the missing items at $174.00. Id. at T 27. A true and correct copy of the Plaintiffs Complaint is attached and marked Exhibit "A." 4. The Defendants have filed an Answer to the Plaintiffs Complaint with New Matter. In their Answer and New Matter, the Defendants denied that they mishandled the Plaintiffs personal property and were not in any way liable for the loss of his radio. They further averred that the Plaintiff s radio was missing prior to the dates alleged by the Plaintiff. They also asserted that the Plaintiffs claim was barred in part by the applicable two-year statute of limitations. A true and correct copy of the Defendants' Answer to Plaintiffs Complaint with New Matter is attached and marked Exhibit "B." 5. The Plaintiff has filed an Answer to the Defendants' New Matter. In his Answer, the Plaintiff admitted that true and correct copies of Personal Property Inventory forms were attached to the Defendants' Answer. See Plaintiff's Answer at J¶ 30, 32-33. A true and correct copy of the Plaintiff's Answer to Defendants' New Matter is attached hereto and marked Exhibit "C." 2 6. The Defendants are entitled to judgment in their favor for the following reasons: a. Any claim dating back to the year 2000 is barred by the applicable two-year statute of limitations. 42 Pa.C.S.A. § 5524; b. The Defendants are immune from suit under the Sovereign Immunity Act. 42 Pa.C.S § 8522(a); C. The personal property exception to the sovereign immunity does not apply in this situation because the Plaintiff's alleged injuries were not caused by the personal property. 42 Pa. C.S. §8522(b)(3); Warnecki v. SEPTA, 689 A.2d 1023 (Pa. Cmwlth 1997); d. The Plaintiff has failed to state a claim against the Defendants; and e. The Plaintiff is not entitled to relief under a bailment analysis. 7. The Defendants are entitled to judgment in their favor and against the Plaintiff as a matter of law. WHEREFORE, the Defendants request that the Court grant their Motion for Judgment on the Pleadings and enter judgment in their favor and against the Plaintiff. 3 Respectfully submitted, Office of General Counsel r r By: ay and W. Dorian Assistant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: February 4, 2008 4 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS, et al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am depositing in the U.S. mail a true and correct copy of the foregoing Defendants' Motion for Judgment on the Pleadings upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Sean Pressley, CG-4129 SCI-Mahanoy 301 Morea Road Frackville, PA 17932 Shelly Holley Clerk Typist II Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: February 4, 2008 v? . 05 JgS5 C? uf) uc Lxxk C a x A)60 c&n 1 nk and n am r??d, b ?: co P d c LA, l -E ; ?lc?l? s ? a ns ?. ?. a ?d ti gaons -? 0 4A& , Lk ko Q M ;-t- ?jo c Y cl??,m 8. f ?? Plca .you np Mo ar cc ? r b r, n - ? Q k? -v or c nfA a-P?ov?oo ' oc 4-dc rhon F-, C7r?) TRUE C-'OPY tai aI In 7estimony whereof I here, mt t s,' ',; hand a a &L'fil or, a"c?l? t3 'tu* uC I N' EXHIBIT - ®. A 9 9. '7s ??. rn?lc?an?- Min 4b?' `63-z' ccmk?Ac?? I a4lulon 4v -f , cC- his 'Pf-coocal 'Prr*?wt+k C??M ?- x' in cak4 ©otc 4)2-, dcumc,,, in -44 s anion undue 3 . Thb?CI.+ 1 - "S?--an PCZZ;!,1 , + s C3- c,?k1? ? -?? Lin 1 d? O J60 04-a[ +w+ = ?Trtf 1 ??X1 - Cc -k-63 ? C.(? LJ 14-k n 4b W6 c>-?-- 41% ? CC4 It oy!L)C(nlc ul?- ?n y ? h d? nd , - fArmi-r4- k n?'V of ' vac, ,\k- (Jnv? 0?- "'T' 'n CL uc?) ?5 d+ MC; . ? nc s ?ro ?'b'??tsla c ? a,? t s t b!? A K ides P? u ?,tt c InW ? vn °N R ant ?1? >? i uv?c$. A g, r-JLuEn4 Ao k?nts ac.? 4on . F?ks ?. ?s can ,nal?%Aur , coAvn ?6, uxr twA ajlc VuS h r?A 01?NE 4? use a n tP? Dr Q ?? l+ v C3 LL n - an v, r. Prt. s Ptr, nL? as btN?nc Cw n IGL vY1 c. Qs?,;k and Lld Pro f-rhuw Oe-vef L ?n 's b P ?e a64 u f a- t n l -P, AA?u a- 3 a (YIPr? lo:n?, c?c?; ?„ ?. {?? < beta ? dim WW 0z VN\k??j vsN? 4,, btm) cuAin 4u caft, 0-c- ?Am-l M bcUA ? .? , Lt>?ll.i 1 ) \ C IC\ - ... • vv r ,?.: - `_ - ?-- ? ace `Y?Lcll?' ujifO Ac.! J • ?cs?c ?.n ?????- C.?, ?n ?o vY?c. ? ? inns nc4 ?? t ! . on ? 10-?3 rO r ? c 1 ? ?I ??^? P??t? ? C:R iv?t?c t5. ?v??4 -iS>c 1n i ? Q tlYl?. r?" ,-?c? I? tS an ? S /PLO ko cQ.v+??, I? t can n t f f? ad een? GC 34 -1 ?--avc) W? 0. N-) 'I - bsn -05 mc., L'3,kA;Tz Gtl 411- Pfo td %wiGt s Ac,, ? I,? ?? kl 40 _ Cc v1 X11 ? 5 m 8 I CIO I, tid on fur of) (o - 16 -03 m f, XC- •i V t . t 1 rc \t t c?n? b? \Z) ass ton v o? 1 • ? ?f.? t ll 1?1c? ? ?? CaC?. ?a . vVtir.iP ?? ?ctc? a?bp,--G?lslsiSl -o a&. art 0 c &nv up-oc) kn4c6'?V? an? '\?wvc?A ?M LADIM, 4nb c? 'gy` p Ovcz Q,,? ,t 1 n `?? R'N-U ?c? ?r e c ! "' \r}"\Cn?.!` !L, n, can 4 r4 ALA. Vh S t ?nd??4c?s u3t4-ktn? t? Qc?ca ?n fir ou 3'rn b cam' 30 Lo 181, 3F Y?o Y)CA- -?O \,OF. a1-OCLKII?l a5 k-c) Nz.?'L)4 LjLA? c",t?,S 37 ?If,, V C??xx?,,; wuSSt ti?N S ?s 17w. ,,c,• ?n? t :? TUltr?tc ?• W (Y? ?L c n G?YYIC)u 7`f C- Pv) A-zms cLrn- a c u?, err ?c-? +6 , W???? 4t(5 cwt k?vtik-?-a f-z t? P C? ?11, tnr7 -0 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. No. 05-3455 NOTICE TO PLEAD TO: SEAN PRES SLEY, CG-4129, SCI-CAMP HILL The Defendants hereby notify the Plaintiff that he has 20 days in which to respond to the New Matter contained herein or else suffer a default judgment. Respectfully submitted, Ra nd W. Dorian Assi tant Counsel Attorney ID No. 48148 PA Department of Corrections 55 Utley Drive Camp Hill, PA 17001 (717) 731-0444 Dated: June 12, 2006 EXHIBIT IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, come the Defendants, Pa. Department of Corrections, et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel, and answer as follows: PRELIMINARY STATEMENT 1. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff is an inmate currently incarcerated at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). The rest of this averment is DENIED and proof thereof is demanded. By way of further answer, the Plaintiff is not entitled to any relief. JURISDICTION 2. This is a conclusion of law to which no response is necessary. PARTIES 3. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff is an inmate currently incarcerated at SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 4. ADMITTED in part; DENIED in part. ADMITTED that the Department of Corrections is a Commonwealth agency which has custody of the Plaintiff. It is also ADMITTED that the Department has maintained custody of some of the Plaintiff's personal property. The rest of this averment is DENIED and proof thereof is demanded. 5. ADMITTED in part; DENIED in part. ADMITTED that Defendant Huber is a property officer in the Special Management Unit ("SMU") at SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 6. ADMITTED in part; DENIED in part. ADMITTED that Defendant Grady was a property sergeant at SCI-Greene. The rest of this averment is DENIED and proof thereof is demanded. 7. ADMITTED in part; DENIED in part. ADMITTED that Defendant Bailey was a property sergeant at SCI-Pittsburgh. The rest of this averment is DENIED and proof thereof is demanded. 8. Paragraphs 5-7 of the Defendants' Answer to Plaintiff's Complaint are incorporated herein by reference. 2 FACTS 9. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff was permitted to purchase certain personal property while in the custody of the Defendants. By way of further answer, the property acquired by the Plaintiff would be reflected in the personal inventory forms maintained by the Department. According to Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, the Plaintiff had only one prayer rug, two kuffees and no radio at the time. The rest of this averment is DENIED and proof thereof is demanded. 10. ADMITTED that on March 28, 2000, the Plaintiff was transferred to the Restricted Housing Unit ("RHU") at SCI-Pittsburgh. 11. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 12. ADMITTED in part; DENIED in part. ADMITTED that on June 13, 2000, the Plaintiff was transferred from SCI-Pittsburgh to SCI-Greene. The rest of this averment is DENIED and proof thereof is demanded. 13. DENIED. Proof thereof is demanded. On the contrary, it is believed that the Plaintiff's property was inventoried on November 23, 2002. 3 14. ADMITTED in part; DENIED in part. ADMITTED that on June 11, 2003, the Plaintiff was transferred from SCI-Greene to SCI-Camp Hill. The rest of this averment is DENIED and proof thereof is demanded. 15. DENIED. Proof thereof is demanded. On the contrary, it is believed that the Plaintiff lost his "Super III Radio" before June 1, 2003. According to Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, the Plaintiff reported his radio missing as of that date. 16. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 17. ADMITTED that on June 11, 2003, the Plaintiff was transferred from SCI-Greene to SCI-Camp Hill and that Defendant Huber was the property officer in the SMU at SCI-Camp Hill. 18. ADMITTED that Defendant Huber unsealed the Plaintiff's property. By way of further answer, he was assisted by another Officer and the property was inventoried, packed and stored in accordance with Department policy. 19. DENIED. Proof thereof is demanded. By way of further answer, according to Inmate Personal Property Inventory No. A442455, there was a TV and antenna in the Plaintiff's property at the time. In addition, according to Inmate 4 Personal Property Inventory No. A301599, dated November 23, 2002, the Plaintiff had already reported his radio missing as of that date. 20. DENIED. Proof thereof is demanded. On the contrary, it is believed that some or all of the Plaintiff's property was missing prior to his transfer to SCI- Camp Hill. 21. DENIED. Proof thereof is demanded. 22. ADMITTED in part; DENIED in part. ADMITTED that the Plaintiff complained to officials at SCI-Camp Hill about missing property. The rest of this averment is DENIED and proof thereof is demanded. On the contrary, staff at SCI-Camp Hill did respond to the Plaintiff's complaint. 23. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 24. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 25. DENIED. Proof thereof is demanded. On the contrary, at all times the Defendants acted properly, legally and in accordance with Department policy. 26. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 5 27. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a reasonable belief as to the truth or accuracy of this averment and proof thereof is demanded. 28. This is a conclusion of law to which no response is necessary. WHEREFORE, the Defendants request that the Plaintiff's Complaint be dismissed and judgment be entered in favor of the Defendants and against the Plaintiff. NEW MATTER By way of New Matter, the Defendants aver as follows: 29. According to the Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, the Plaintiff had only one prayer rug, two kuffees and no radio at the time. He reported his radio missing at that time. 30. A true and correct copy of Inmate Personal Property Inventory form No. A301599, dated November 23, 2002, is attached hereto and marked Exhibit A. 31. According to the Inmate Personal Property Inventory form No. A442455, dated June 16, 2003, the Plaintiff had no prayer rug, no kuffees and no radio at the time. 32. A true and correct copy of Inmate Personal Property Inventory form No. A442455, dated June 16, 2003, is attached hereto and marked Exhibit B. 6 33. On June 16, 2003, some of the Plaintiff's property was confiscated and two confiscated items receipts issued to him. True and correct copies of the two confiscated items receipts are attached and marked Exhibit C. 34. The attached Inmate Personal Property Inventory forms and confiscated items receipts are accurate and correct. 35. At all times material the Plaintiff's personal property was processed and handled in a customary and careful manner in accordance with Department policy. 36. At all times material the Plaintiff was offered the opportunity to ship his contraband property to his home address. 37. The Department of Corrections has the legal authority to regulate the type and amount of property held by inmates. 38. At no time did the Defendants violate the Plaintiff's constitutional, federal or state rights. 39. The Plaintiff's claim for loss of personal property is barred by the applicable two-year statute of limitations. 71 P.S. § 2401 et seq.; 42 Pa.C.S.A. § 5524(3). 40. The Defendants acted at all times within the scope of their authority and without any actual or imputed knowledge that their actions violated any of the Plaintiff's constitutional rights and, therefore, are immune from suit. 7 41. The Defendants at all times were acting in reliance upon valid federal and state laws and regulations. 42. The Defendants assert each and every defense available to them under the existing Civil Rights Act. 43. Whatever injuries or damages were sustained by the Plaintiff, as alleged, were caused in whole or in part or were contributed to by reasons of the negligent or intentional conduct of the Plaintiff. 44. The acts or omissions of the Defendants which were alleged to constitute negligent or more culpable conduct were not substantial causes or factors in the injuries sustained by Plaintiff. 45. Any and all damages or injuries sustained by the Plaintiff resulted not from the conduct or acts of the Defendants, but from the conduct or acts of the Plaintiff or other persons. 46. Whatever actions may have been taken by the Defendants that caused loss to the Plaintiff were justified. 47. The Defendants' conduct was neither negligent nor more culpable. 48. The Defendants lack personal or direct involvement in any of the alleged violations of the Plaintiff's rights. 8 49. The Plaintiff s state law claims are barred by sovereign immunity and are not waived by any of the exceptions thereto. 1 Pa.C.S. §2310; 42 Pa.C.S. § 8522. 50. To the extent that immunity has been waived with respect to any of the Plaintiff's claims, the Defendants assert all defenses to and limitations upon those claims which are or may hereafter be set forth at 42 Pa.C.S. §§8522 - 8528. 51. The Defendants are entitled to official immunity from the Plaintiffs claims. 52. At all times relevant hereto any actions or inactions of the Defendants were done within the scope of their authority in good faith and without malice. 53. The Defendants are entitled to objective good faith immunity from the Plaintiff s claims and have not violated any rights and/or clearly established rights of the Plaintiff. 54. Whatever actions or inactions committed by the Defendants which may have caused loss to the Plaintiff, (but expressly denied), were justified. 55. The Plaintiff consented to any actions or inactions committed by the Defendants, and therefore, the Plaintiffs claims are barred against the Defendants. 56. Any actions or inactions committed by the Defendants were done pursuant to duties required by statute, regulation or directive and therefore the Defendants are immune. 9 57. Any actions or inactions committed by the Defendants were matters within the discretion granted to the Defendants by statute, regulation or directive and therefore the Defendants are immune. 58. The Plaintiff's claim is barred by the doctrines of res judicata and/or collateral estoppel. 59. The Plaintiff's claims are barred for failure to comply with the provisions of the State and Federal Prisoner Litigation Reform Act ("PLRA"), including the failure to exhaust his administrative remedies, 42 U.S.C. §1997e. Respectfully submitted, Office of General Counsel 'Ray nd W. Dorian Assistant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: June 12, 2006 10 Sean Pressley v. Pa. DOC, et al. VERIFICATION I, David Bailey, former Corrections Officer 1, SCI-Pittsburgh, have reviewed the foregoing Defendants' Answer to Plaintiff's Complaint with New Matter and I declare under penalty of perjury that the factual averments set forth herein are true and correct, and that I give this verification subject to the criminal penalties relating to unworn falsification to authorities, 18 Pa.C.S.A. §4904. Date David Bailey Former Corrections Officer 1 SCI-Pittsburgh Sean Pressley v. Pa. DOC, et al. VERIFICATION I, Adam Huber, Corrections Officer 1, SCI-Camp Hill, have reviewed the foregoing Defendants' Answer to Plaintiff's Complaint with New Matter and I declare under penalty of perjury that the factual averments set forth herein are true and correct, and that I give this verification subject to the criminal penalties relating to unswom falsification to authorities, 18 Pa.C.S.A. §4904. ?-- 1- 0 (-- a W?,I.... ----- Date Adam Huber Corrections Officer 1 SCI-Camp Hill DC-153 INMATE PERSONAL PROPERTY ? Transfer ? Hold ? Initial Disposition DC Number Name Y2 Z s G! !? VIA C•-? CgMMONWEALTH OF PENNSYLVANIA INVE TOR DEPARTMENT OF CORRECTIONS Other Method of Disposition p 301599 S-Ship R-Return to inmate D-Destroy H-Hold for Inmate ANEOUS - - CLOTHING & ACCESSORIES TOBACCO ITEMS MISCELL ITEMS ITEM NO. METH. ITEM NO. METH. ITEM NO. METH. ITEM NO. METH. ITEM NO. METH. Ath. Shorts T-Shirt 2?? Ash Tray Bag-Laundry Playing Cards Ath. Supports Undershirt Cigarette Papers Basin Posters Belt Undershorts (p Z? Cigarette Roller Batteries Religious Books Cap Underwear got. Cigarettes-Car. Books Religious Mat. Coat Underwear Lg. Cigarettes-Pkg. Bucket Religious Metal Coat-Rain Underwear Top 1-k Cigars Carbon Paper Rug Coat-Top Vest Lighters Checkers Ruler Gloves GROOMIN G Matches Chess Spoon Handkerchief ITEMS Pipe Cup Tablet Paper Hat ITEM NO. METH. Pipe Cleaners Dictionary Thread Jacket Brush Pipe Filters Earphones Tissue Overcoat' Comb Tobacco-Chew Envelopes Tub Pajamas Dental Floss Tobacco-Cig. Erasers Typing Paper Robe Denture Cup Tobacco-Pipe EXtenSiori Cord Wallet Scarf Dentures Tobacco-Pouch Eyeglass Case ae et Shirt Deodorant Tobacco-Snuff Eyeglasses per Shoe Brush Hair Dressing FOOD Eyeglasses-Sun 6 J-F Shoe Polish Hair Pick ITEMS Games z Shoes-Boots Lotion-Shave ITEM NO. METH. Glass Shoes-Dress Lotio n-Body Candy-Bag Gym Bag Shoes-Over Lotion-Hand / Candy-Bars Headset Erg E Z A/I Shoes-Shower Mirror Chips Key Ring 6AJA - J . Shoes-Sandal Nail Clippers Coffee Keys A Shoes-Sneakers 2 Petroleum Jelly Cookies Lamp Shoes-Tennis Razor Crackers Legal Books Shoes-Work Razor.Blades Creamers Legal Material Shower Cap Shampoo 2 Drink Mix Lock Slippers Shaving Cream Hot Chocolate Loose-leaf. Bnd. Socks 2 2 Soap Peanuts Magazines 9 Suit Soap Dish Pretzels Neck Chain Sweat Belt Talcum Powder Sugar Needles Sweat Pants Toothbrush Tea Notebook Sweat Shirt Toothpaste/Pwd. Pencils Sweat Suit Towel Pencil Shrp. Sweaters Tweezers Pens Tie Washcloth I Photo Album Trousers 6 LS _ Photographs 3 .o s i 1 ITEM DESCRIPTION OR SERIAL NO . NO. METH. ITEM DESCRIPTION OR SERIAL NO. NO. METH. Briefcase ? ?- Calculator A& 7- Footlocker Guitar Guitar Case Guitar Strings Medical Bracelet (t O ASS lD Radio Ring T.V. ?Q T.V. Antenna Typewriter Typewriter Case Watch MAIL TO? f7? ?5 4tW 7- Articles marked "S" mailed (signature and title) Date mailed Th describe above was inventoried and proc sad as Indicated The property above was received and processed 1 Signat re of or Signature of Inmate Signature of Property Officer Signature of Inmate stitution Date EXHIBIT ion' Date WHITE-DC-15 AFTER ALL PROCESSING COMPLETED A ATE COPY AFTER ALL PROCESSING COMPLETED PINK-SENDING INSTITUTION COPY OR MAIL ROOM IF AP -In1eAeT9: rnov tiAIucei ITCAAC noc r w .T11 r %r: oChIhIQVI \/AIUTA DC-153 INMATE PERSONAL PROPERTY ? Transfer ? Hold ? Initial Disposition DC Number Name 5s1 Q S,6 CLOTHING & ACCESSORIES ITEM NO. METH. ITEM NO. METH. Ath. Shorts T-Shirt Ath. Supports Undershi rt Id Belt Undershorts Underwear Sot. Cap Coat Underwear Lg. ' Coat-Rain Underwear Top Vest Coat-Top Gloves GROOMING Handkerchief ITEMS CUMMUIVVVr_ALI n OF N-14145. •--ANNA INVENTORY DEPARTMENT OF CORRECTIONS ? Other Method of Disposition S-Ship R-Return to inmate A 442455 D-Destroy H-Hold for Inmate TOBACCO MISCELLANEOUS LLANEOUS ITEMS ITEMS ITEM NO. METH. ITEM N0. METH. ITEM NO. METH. Ash Tray Bag-Laundry Playing Card C Cigarette Papers Basin Posters )?. 1 Cigarette Roller Batteries Religious Books Cigarettes-Car. Books Religious Mat. Cigarettes-Pkg. Bucket Religious Metal Cigars Carbon Paper Rug Lighters Checkers Ruler Matches Chess Spoon Pipe Cup Tablet Paper Hat J ITEM NO. METH. Pipe Cleaners Dictionary Thread Jacket B rush Pipe Filters Earphones Tissue Overcoat' o mb Tobacco-Chew Envelopes Tub Pajamas Dental Floss Tobacco-Cig. Erasers Typing Paper Robe Denture Cup Tobacco-Pipe Extension Cord Wallet Scarf Dentures Tobacco-Pouch Eyeglass Case Wastebasket Shirt Deodorant Tobacco Snuff Eyeglasses Writing Paper Shoe Brush Hair Dressin FOOD Eyeglasses-Sun Shoe Polish Hair Pick ITEMS Games aml ?t a" Shoes-Boots` ? Lotion-Shave ITEM NO. METH. Glass CqS " Shoes-Dress Lotion-Body Candy-Bag Gym Bag Shoes-Over Lotion-Hand Candy-Bars Headset Shoes-Showetil Mirror Chips Key Ring Shoes-Sandal Nail Clippers Coffee Keys Shoes-Sneakers }I Petroleum Jelly Cookies Lamp Shoes-Tennis Razor Crackers Legal Books Shoes-Work Razor-Blades Creamers Legal Material Shower Cap Shampoo Drink Mix Lock Slippers Shaving Cream Hot Chocolate Loose-leaf. Bnd. Sock ( l} Soap Peanuts Magazines Suit Soap Dish Pretzels Neck Chain Sweat Belt Talcum Powder Sugar Needles Sweat Pants Toothbrus I Tea Notebook Y, I Sweat Shirt Toothpaste/Pwd. Pencils Sweat rs Towel Pencil Shrp. Sweaters Tweezers Pens Tie Washcloth Photo Album Trousers Q ?r Photographs LK _ Wd " M pr' ITEM DESCRIPTION OR SERIAL NO. NO. METH. ITEM DESCRIPTION OR SERIAL NO. NO. METH. Briefcase (Q Calculator 1 G Footlocker . ?t1 r. Guitar as' c 5 Guitar Case Guitar Strings Medical Bracelet Radio 1: t J ?jo 9? Ring T.V. L hit a a 9: T.V. Antenna !r} Typewriter Typewriter Case Watch MAIL TO Articles marked "S" mailed (signature and title) Date mailed The property described above was inventoried and processed as Indicated The property above was received and processed 0,i AL ecj Signature of Property Officer Signature of Inmate Signature of Property Officer Signature of Inmate e kl 6- Institution Date EXHIBIT tion Date WHITE-DC-15 AFTER ALL PROCESSING COMPLETED $ MATE COPY AFTER ALL PROCESSING COMPLETED ITG\AC wuc 1\L IG wITA?lOl1 PINK-SENDING INSTITIITInN r_nvV nR MAII RnnRA 1C A 1r, 1111\I ATC "'. .A/4. -D.C-154A.: COMMONWECTH OF PENNSYLVANIA NO A. 49 728 DEPARTMENT OF CORRECTIONS Confiscated Items Receipt Inmate =Number: Na k.e Cell bl;l aZ Facility SI(- Date Time ORar?dotn;RSeareh Misconduct Report Comment: ? OenerAf Search ::. ? Investigative =Searefi -Prepared O'Yes ? No Sr? m? ?^ f`u s c S\ Item(s) ~Donfscated Disposition Item(s) Confiscated Disposition 1 CPSS 2. h-& PSS 3XC?SS 4• ?xc r?sS 5=XC'SS 6. E,cpS S ? ?i a 0 o orx 1-d v 7 e cs s, _,: e G' 8. E;rf s S f r? .,i 9. ?c. rp . i 10 .. o ' 5 . t'PO 1 / l Q C) Signatureantl Title of 'Officer Confiscating the Item(s) signature and Titie of :Officer Disposing of the Item(s) 1.... DC=15 _ 2:' Deputy Superintendent for Facilities Management 3. Inmate. DC=154A:° _ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS .No. A 44972;9 Confiscated Items Receipt Inmate DC=Number, f Name ?,? Cell Ds - ,UJ Facility SCI Date ?? U U Time \"?? "? F2and6m `S"earch ` ' isconduct Report " Comment: -7 Generai SEar_ch: Prepared Investigative Search.' O Yes No s4.? Item(s) Confiscated. Disposition Item(s) Confiscated Disposition 1 "k'? ASS . 2. . 1 CAV 1' . U,.r (' j? l 1 1 D i 3 ? 4 5:;`" 6. Sao- v?C ;0(rn ; ,i ?uao? ?? ){ ? ? P 1 7. 8. 9 10. Signature and Title of Officer Confiscating the Item s) EXHIBIT C / Signature and Titie of Officer Disposing of the Item(s.) IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY-PENNSYLVANIA CIVIL ACTION-LAW SEAN PRESSLEY, Plaintiff, No. 05-3455 V. PA DEPARTMENT OF CORRECTIONS et. al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U. S. mail a true and correct copy of the foregoing Defendants' Answer to Plaintiff's Complaint with New Matter upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Sean Pressley, CG-4129 SCI-Camp Hill P.O. BOX 200 Camp Hill, PA 17001 ?n r 1 CD- 11 _ ^T Renee J. RobVrts Legal Assistant I Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: June 12, 2006 `y V, I" . EXHIBIT ?r Allvi k V, , t ,.7 ?..... i ' ?..y,,.. i._.,. .. '? Y, ..? " / 1... i.. - .1.... '`' .. t,?'?. ) '( ._.•'t1, 4 :' t1"? 1 . Y '. ti l„ IC C, ??i ?.?,r?? ?'? .7'7T'. 4µ'?2'•6 '...3 f f ?. _ Nk! T : L ! r ??. ?' ? ?. , r-, s , ?. y r•. ?:.r ? -?- , P?, 1... ? ;t ?;• ? ?. ty .?..? ; .?.. ,- _ ?.. =. ' i f ?: + r° ?-?? .1 a y°,,, , f4•.1, r ` t ? r 1, ? ti f,'. t? ? F' . ?.?...t`.:, ? ?'?•.?'?} .?.?:???; TS??_fi. ?".!? sr `..1 d`',;1 ? 1':',T' ?f_`.1 i_ -'? ...#-..-, ?••.. `?,? '??j,_itr:, ?d ,_.tr. pj, Y .. ?? 6 ? '~S l ?R .???.. `,-.?l•'lhr '? ?! ?.% S f... 4 ,? R. ?.? Y 4 ?? \ pr \ \??t ?. ?._ T- E t jl? 3 7 w ..rr , et\ f..'l t ?a• r y f "y, s4 : 4 ii J lut u F IN Clf is-- `.`. if t q ? ?l (JI / t° _j t • ? ? ? ? i ? ...:.. . 1, ? '?° `?e F t l , ': k i r.. , Y ? ??„ ?? "?? ' }-. { 4-1 t { ,"". ?'?' ? 'a i ?•`'??i ??" "? ?. 1 ' ?'.\ y ? t i? t` 1 ?. 'r ? y'"' ?? ? ? ?..? ?5 r. . , ?;??? r? _ 1;? ??".... ;', . . , 1 } ? L tr ..t_ 4 "vv ?; ? ? r- ` 17 -...f ? " r. C? f ?7 f a-;, 7 1 ?, J :, ? w.7 . + :?7 ?) ., 3.,? .,.t ?? . .` ' ? ? ;?;, x'71 ..,tl cr1 SEAN PRESSLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEPARTMENT OF CORRECTIONS, DEFENDANTS 05-3455 CIVIL TERM BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of March, 2008, the motion of defendants for judgment on the pleadings, IS DENIED. By the Co Ft, !? // / Sean Pressley, CG 4129, Pro se SCI-Mahanoy 301 Morea Road /Frackville, PA 17932 ? Raymond W. Dorian, Esquire PA Department of Corrections 55 Utley Drive Camp Hill, PA 17001 Edgar B. Bayley, J. :sal Corlies /n."I'Ll-LL .?/ sloe tTlIq ao C%j cm i:CJ y C-4 U II TTV CZ.4t bg'rW COLW , I IF?V Y Vol- IGo? E { 1 vas. - _ _ a: _no. Ds -3V.sS- 'p -.-,a p _Ckco `1 v 1`?.,_ Q!r l 1 Y1Q _ ?1 Ck Y1/1 _ oAtr 4?, e?v r 18- 4-1.1 ?\ /1? /? ,ZuA Q c. A . ?-. . f\ . M . _ .. &CLY-)PM459, F D ?_Cost?0?, a1 moo. QS - ? y5'S ___ _ CaA,Yfa.(,1. 1 71 U 7Vus is ?a?klr?c??+o? br?? common Ira rfrn o? meson end y2 ?. C.S.A. 8522 ? b) C?A ctaarn5 b tiiVd w?n ? Thy crxU4 G?ars'i ?-4?e?n rzv?r °I?v c?lai?r?s cn `fu's _ c?c?-ion u?val? y2 ,la.c.,5 A.93?• 6fean iCS' Cc c<17 zsrl F?C 9 _ , j a?oh ups ?v ? PY? cus ? -fem. P?ta?i?ia ins o c???? K i o? ?nrys YIN. s? Thy D A ?? ?u,?r' s <!?v err _ _ fr a--y- Maw Tn TV*-,.., Coin OF Gornntion PIS A P __ _ __ _ - _3 .-_ - _ - 11 .-- .? kr 1 a? ?`TG?, D Thane j-- _ « c - ?',l?i ? Q??? ,lhy?] 4S91T{71Y1 I??Y? ?I???L!i1t?Gt?ILc.. H / ? U ----- -- - - ---- is-? narr, ?'7EtV) 1. 1 Ong pr r' _ , 15u??s> ?, ?h? bs ?s dom. 019 3 -,27-00- 'scz A;j?I Pro oh K.. tl- - - , /)1 1, C-) I /"I j?l. 1 1-1 - 1 ,I t7 love) _a_ 4-2.?4t4 con 5 -// pl1- iv?rnf?? ? c? c? wtr. _ I Pax' ..? co c, o. too zo-p PK wn B? . Dn 6-!? -?_ ' u erF?xr? aF `Y/? ?sl?? c.o.ihe,m"y c?xs nod- l ?s?{-? ry)?C1Pr?s1 and 6-30-co owx? 7-/ V -00 r mr. koJ ,n1v&dv-rkz 0-? V513 i V-L; ???!I ?.+'?et5? ir???r??S ?r?ss? diYl1? i d c.f 00 1 n-focvvia,n?? ar.-j rnr. Pa%ssl ?i? cDnaLc? tJ -4 6k(3ER?8EA& icw?d arTh?v??S nd?v«l and orEa)llL4-t _ der?v? rnr ?P?l ??+?? ?d ?? ? n) I's Pori nj 00 42-21-00 , 1-2-7--ol ar?? 7-2-1-d I; ?n v&wEori?S c? Mrs. PrL- ar?d ?? p lo?ri?.s Prior _ _179r: RMS5 looiso c?.+?d w?.Qkrnuh adp?ac. (.l o n- ±'Ylr. Pf &--Z _ _??iuczQ cL?'r?GZ'G `s ?S/YlG? wr- OP rYlr. Rhsqu4s- ?mr?4jlor? ?,-16-C)3--mc._07 6's z ?b?l, fi1/ c?aa.,???h ,and ua?krnuv? ntii?ri? 3 imp PL/1Sr a desks r?$ ins? e c?rc?S, °v an-IE»Yk? _ Gtr 1:5? Yv?'? vv1r. ? PhD n 4A) - Qn ?-2$-?'Z mr. f'/FSS/ Gc1Cu5 fy?re?? -/O 's?cL' ?n 3 -?7 ADV?C, Vc)f'icd a5;CW4',4 UJIM 10 I £,'?-?s c?? rrn?ssm?-gym ?')'Ir. Pr?.?sl?s S ,, J{ qD) I`?s Gongs ?sir?sS _ i,ce erns, nt?ka?, ? ?? [mks cx?d 44,5s, 'u.s__ foci ? _ yz), jTh?. c??r?Cc? con?i, ?5 st??? ? n'lr. Pry! -NE b?.lor? •n s o ?'E'?.c?c-? _ 43? I w of+f4,-l,4uvtT ct? ?s 65-lai n i 7 . ¦ • I • _ t- J, E7,A, V 1 _ to w - ll _ I- , ?zLs_ wkrzP?rev,{l?c Pla?r?F+F?szr_ks llu,?llow,?c?4l:$. A) ?y dnre?t.s in d lae- ?c.,? U G1Tr?!?o c)wT? ?sanrowa???35. t". EJ+>nordc?cd,r?i #kzdcC?+id?-b ?J? Ike. loa?n? h?Od b?, dc?.r.?tr? 11u?- mr 1kLulw ?A-haz ??'?5? 5'?a?EYVs_I!tiY1 LU?13,???r?1 '?15o?c,a?io?S'?o GL ozqc4z s -1 - 4o SEAN PRESSLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEPARTMENT OF CORRECTIONS, DEFENDANTS 05-3455 CIVIL TERM BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of April, 2008, a Rule is entered against defendants to show cause why plaintiff should not be able to file an amended complaint. Rule returnable forty-five (45) days after service. By F can Pressley, CG 4129, Pro se SCI-Mahanoy 301 Morea Road Frackville, PA 17932 X / a mond W. Dorian, Esquire PA Department of Corrections 55 Utley Drive, Camp Hill, PA 17001 sal Edgar B. Bayley, J. ?. n ° C _` ca ? ? ??; 'v ?? :' .?? . ? `? ?' '' ? ? ? Cz ? ?' ?? SEAN PRESSLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS 05-3455 CIVIL TERM IN RE: MOTION OF PLAINTIFF TO FILE AN AMENDED COMPLAINT ORDER OF COURT AND NOW, this A-' day of May, 2008, the motion of plaintiff to file an amended complaint, IS DENIED.' By the V Sean Pressley, CG 4129, Pro se SCI-Mahanoy 301 Morea Road Frackville, PA 17932 ?/Raymond W. Dorian, Esquire PA Department of Corrections 55 Utley Drive Camp Hill, PA 17001 :sal s'es rn?wllL S/.2168 Edgar B. Bay J. 'The amendments sought by plaintiff are barred by the statute of limitations. `??' ;, ,.? c `?_i _.? r= .. i L -a, O-5- 3_55. Case No. vs - t, rrl 03 pal ? { - -? r- Statement of Intention to Proceed C/)?A i =.-rn, Ch . „:`- To the Court: intends to proceed with the above captioned Rttattor. r`s Prin. Name SiInName Date: Al? Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated proceed If the action is terminated when a party believes that it should not have been terminated, that party may p under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. To the Court: Print Name vs ,.. Case No. OS --3155 ,, i.rn: C"). STATEMENT OF INTENTION TO PROCEED r-= ° c). 3C`c,= • JCC .1asP\ Q s4\3 intends to proceed with the above captioned i""�ci atter. '''< Date: PO--(p-'I� Sign Name Attorney for Pro IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.