IN THE COURT OF COMHON PLEAS OFV

SE 0: oF 1980

PATI LLO, JR, T

PLAI NTI FF,

LIOUIPPA VOLUNTEER FIRE

EPARTMENT,, AND iiU:iELL PURDIE,S SECRETARY OF THE VOLUNTEERI RE DEPARTME}IT, AND AS AN

INDIVIDUAL.

DEFENDANT.

COflIPLAi[T

LA

_--_-N8_(- rc PLL,.,-c DEFEI'IDANTSt

Anxolu Y. SlnlxtrncATTOR.\EI AT LAW

6'B MERCH.&\T STREET .i

AIIIBRIDCE. PA. ISm-r _. ,. ,

4r2.266.slJo \tP'

I

ffiffififfi,'nW",

PERSONAL MBNEY ORDER lUellon Bank *.0.

6E!',jt*,',,,tiliiit.J' r$,,,,, .' f,l|# *;..9NB. i --

q:9.6.t3O

': ,'- .\ , .i{!l.:-, U'ist

' =^,,-&4tnzr^,'O THE OROEF OF-

eft"rr*

Nor cooD ron MoneTnAN osoooo _--

-@642A*-/t-^-r 4r/ /5 A rf 6? r*'r03a0 0nfrt271 uw| x5- o0

Pl-aintiffrs Exhibit 2

I

ALIGIU I PPA VT]LUNTEER FIRE DEPARTMENT

ALr',UtppA, pENNsyLvANlA AprI1 Zrl$9

lhe fillquippa Vohurtear Elnc lbprt" IH.ll Board nlIL rcot Aprtl 2311979 at

I:}APM in the Central FLre Statlon.

lou have been charged ylth nlsslng three (3) neetfnss ln a rou and for not'

paying 3rour dues for 19?9.

You arc requined to attcnd this nectlng and state your raasonE for nicstng

noettngs eaa not, paylng Srour ducs.If you do not attcndrthc H.a1 Boarrl nllI

consr.der your casc accordLngfy.

MBuEscLl Purdlc Seereta4r

Plaintiff's Exhibit 1

nanda both con'.pensatory and punitive danages against the defendarrtt-;* .:-\., t+**r212 1+:rd*&: e,.t.,,:,'.'.-rr{li.**81*x&@{r$dn #&e:a]@.

departsent, and against the defendant-s€cretary for the active

role whieh he played tolrarC the dismissal of the plaintiff .ix the

amount of Fifty Thousand ($50,00C.00) Dollars.

WHEREFORE, the plaintiff derp-ands judqrnent against the

defendant-depantment and agiinSt the defendant-secretary in an

amount of excess of Ten Thousand t$10,000.00) Dollars, as well as

compensatory and punitive damages also in excess of Ten Thousand

($10,000.00) Dol}ars.

A jury trial is demanded.

Respectfully sqbmitted :

nold'{r;Attoqhey for

tg, Es_qurPlaitrti f f

1nbthe

ARNOLD Y. STEINBERG

ATIORNEY AT LAW

6OE MEiCHANT ''REg?

auEitD6E. PA. llootar2.2a6aEO

I

c. The plaintiff was caused to suffer*,qrsr*r*r']'*@q, j#i?w, i

-ia!Fji:,@4._t €jffi

physically frorn this incident, such physical

effects being rnanifested in the retarded' re-

covery of the plaintiff from the injuries

suffered from- the previousll' mentioned motor

vehicle accident.

d. The plaintiff, as.a professional fire

fighter, has suffered irreparable injury to his

reputation as a fire fighter by this dismissal

by the Aliquippa Volunteer Fire Department' and

atleges that this dismissal will have, in the

future, a telling effect on his employment in

. such a caPacitY.

15. The defendant association took this action with

fu1I knowledge that it was incorrect, and in complete disregard

for the damage to the reputation of the plaintiff that would be

proximately causeC bY these acts.

17. Because of this period of suspension, and because

of aforementioned damages and injuries to the plaintiff, both in

reputation and in actual suffering, and because of the intentional

way in which this suffering was brought about, tl1e plaintiff de-ARtiOL: Y. STEINBERG

AIT'i1EY AT LAI/'

'O6 VE{gHA"?

'TREETat9R,Fl, PA. lSOl

at r.!a}3so

as he had not properly treated the noney order tendered-4*r:_,. - .f+t; r:: ,f6i a"".*"ry .n""'pTj'i??;ffi' ril;ii-riffiT;

WHEREFORE, thcdefendant-secretary foror negligent acts in theled to the suspension ofteer Fire Department.

!6;e@"ia-

as "Exhibit 2."

plaintiff d.emands judgnment against thedarnages incurred by either his intenti,cnalcourse of his duties of secretarl. whichthe plaintiff from the Aliguippa Volun_

CO-UNT I I

15. The defendant*department, through its secretarv,

and through its own faulty methods of handring this incident, isthe sore and proximate cause of the fol1owing damages and injuriesto the plaintiff:

a. The plaintiff was caused to suffer much men-

tal anguish as a result of his having been

dismissed from the Aliquippa Volunteer !-ireDepartment.

b. The plaintiff was caused to suffer much

embarrassment, both professional and personal,

by his having been so removed from the r\liquippa

Volunteer Fire Department, in light of his being

a professional fire fiqhter"ARNOLD Y. STEINBERC

ATTOFilEY AT LAY'

60A UERCHATI STREET

AMEAIDGE, PA. '5OO'

art.rgg{so

I

ARNOLD Y. STEINEERG

ATTORfiEY AT LAW

.OC MEACHANT STFEEI

AHSRIDGE, PA. IIOO'

at !-zaa-a@

ed motor

doetort s appointment for problems stemraing from the aforemention-ee@iL*.,.r :, !**.-*ir.:+_ ?1e.-i.r..y;.**.-...*M,*.fut@j.-..@i

ve?ricle accident.

10. Frior to this April 23, 1979 lneeting, more

specifically, on April 2L, 1979, the plaintiff sent a personal

money order to the Aliquippa Volunteer Fire Department in the

amount of Fifteen (S15.00) Dollars to satisfy the obligation of

any dues and fees owed at that time by him. (See Plaintiff's

"Exhibit 2").

11. The defendant-d.epartment was put on formal notice

through a letter dated April 18, 1979, and sent from another

attorney to the defendant-secretary, stating that the plaintiff

was scheduled for med.ical treatment on April 23, 1979 at the

office of Dr. E.L- Youngue. (See Plaintiff's "Exhibit 3").

12. The defendant-secretary failed to take the steps

neeessary to prevent the absence on April 23, L979 by the plain-

tiff from this meeting from causinq the plaintiff's suspension

from the defendant-department from taking p1ace.

13. At a meeting of the defendant-department on or

about September J-1, L9'79, the defendant-secretary, in the pre-

sence of fifty to sixty people, stated that during ro11 call

that the plaintiff had failed to pay his dues. The plaintiff had

been sent a notice of the time and place of that rneeting.

14. The defendant-seeretary, to have made this state-

ment, was negligent in the performance of his duties as secretary

I

4. The plaintiff was, at all times pertinent,i:*-4!r ! . 1-4.+i&*€.@rs#*s:+B.r'*!n*e@dffi

=orye *Jie*@,*re,*5.,

actien, and continues to be a professional firefighter, currently

employed by the Borough of Aliquippa Fire Department.

5. On or about March 24, 1978, the plaintiff was the

victim of a violent two-car motor vehicle collision which

occurred in Cincinnati, ohio.

6. As a result of this accident, the plaintiff was

caused to miss vrork with the defendant-department, and to miss

several meetings of the Aliquippa Volunteer Fire Departnent.

7. During the time of his recuperation from these

injuries, the plaintiff may also have fallen delinquent in the

payment of his membership dues to the defendant-department.

COUNT I

8. On or about April 2, L979, the defendant-department,

through the defendant-secretary, sent to the plaintiff a Ietter

of warning, stating that he had missed three consecutive meetings

of the volunteer department, and that he had not yet oaid his due

for L979. This letter also reguired his attendance at a meeting

set for April 23, 1979, with the threat of his beingbrousht befor

the Trial Board in the event of his absence. {See Plaintiff's

"Exhibit ]").

9. On the date and time of this April 23,1979 meeting,

the plaintiff was absent, due to the necessity of his keeping a

to this

ARNOLD Y. 5TEINBERG

ATTO?S'Y AT IAW

609 MERCBAN' 'TREE?

AMBF'DCI, PA. I!@I

a t t.aa&atoo

I

IN THE COURT 0F CC{U'!on" PLEAS OF BEAVER COUNfi

EETISYL

TEOLA PATILLO, JR.

PLAINTIFF,

vs.

ALICUIPPA VOLUNTEER FIRE DEPARTMENT., )AND RUSSELL PURDIE, AS SECRETARY OFTHE VOLUNI-EER FIRE DEPARTMENT, AND )AS INDTVIDUAL.

DEFENDANT. )

I. The plain+-iff is an adult

209 Fifth Avenue. Borough of Aliquippa,

cASE No:.4flj or i983

IN TRESPASS

g E'uT*fr**

)

)

)

COUPLATNINoW COHES the plaintiff , TEOLA pATILLO, JR,, .th$ugh his

-v- N

;-' =.j)Attorney, ARNOLD y, STEINBERG, to bring this action ib:Erespass,

in support thereof, avers the following.'

CJ.

-t

individual resi.ainE .at '',:'-l

County of Beaver, and

lth of Pennsylvani-a.

ng its2. The Defendant Fire Department is an Association hav-

principal place of business at 99 Kennedy Boulevard,

of Aliquippa, County of tseaver, and Commonwealth of Pennsylrough

ania.

3. The defendant, R-rsse1l Purdie, is an adult individual

iding at 606 Burton Street, Borough of Aliguippa, County of

, and Commonwealth of Pennsylvania and was at all times pertiARI.IOLD Y. STEINBERG

ATTOE'iEY A7 LAW

GOC MEICHANT gTEEff

aMEatogE, PA. lIOOS

at 2-2a46roo

nt hereto, the secretary of the Aliquippa Volunteer gire Depart-

I

rN fitE couRT oF coHMo![ PLE-4S OF BEAVER COIJNTYI

PENNSYLVANIACIWL ACTIOS -

l-r -

@

=q r\,rfl'_ 5,

:f,:*cn'--

=r-- N)<:'

-{

: ..,

TEOLA PATILLO, JR,

PLAINTIFF,

VS.

ALIOUIPPA VOLUNTEER FIRE DEPARTMENT,AND RUSSELL PURDIE, AS SECRETARY OF THEVOLUNTEER FIRE DEPARTMENTI AND AS ANINDIVIDUAL.

DEFENDANT.

cASE NoilioF 198C

IN TRESPASS

NOTICE

You have been sued 1o court. If you rclsh to defend against the clairnsset forth ln the following pages, you must take action uithin trrenty (20) daysafter this coreplaint and notlce are served by entering a Grrltten appearancepersonally or by attorney and fillng in writing witlr che cour! your defenses orobJecLions to the claims set forth against you. You are waraed that if you fallto do so the case may proceed wlthoui yot,

"nd a judfruent may be entered agaiost

you by the court r,rithout further noEl.ce ior any money claioed in the complaintor for any other clain or relief request:C by the pl:rintiff. Yorr may lose r".oneyor property or other rights l.nportaer Ec l..ou.

YOU Si{OUI,D TAKE THIS PAPER TO Y.]L'?. LAl..ryER .{T O!'ICE. IT' YOU DO }:CT H.I.VEA LAifliER OR CAYIIOT AFFORD ONE, GO TO OR I:LEPIIO.'IE TtlE OFFICE SIT iORTii BaLOlJTO Ft};D OUT h'i{IiRE YOU CA,'I GET I.ECAI. iIELP.

PiiOTHONOTfTRYiiE.-\\'ER COUNTY CT)URT HOUSE

BEAVER, Pr:ll:SILVANT.A 15009

i LLEP'"lO\E tit.ilillEP. : 4L2-7 28-57r,0

EWAia?. O{Jtr.}ratDw to J, ?ocet'JOXII A ta|.r.tilnl.rt?H t. }lcrflrlra

arosFt a? w,..lw,w @m a gvrql* r?1

al-iauF A. BriruAX tLEtt

tLrffii 17''6"tra-tLii

letLil '18, ,97q

Miauippa tlotrrteen Fite Oepatutne.ntKennedE Eouleva.tLd E tlanatta' RoadAli4uippa, PennsglLvanin I 5001

A'tTNe kuaell PundLe, Sec.tatanq*

R e: Teols pa.tiLto205 Fi|ill Avenue, Aliquippa, ?a.

Oeta tln. ?undie:

Yout Le.ttut'dnted ApniL .2, 1q79 hna beeyt ne6u^.ed to thit. o{llccebg otttt client; W. Tzola ?af;Ilo.

0n ltanch 24, 1978, oua o?ient una tle vic,tin oi a viote*t tun-can wton vehirle eollition urtich oecuruted in Cinctinati, \tuLo. Theacddent una catued bq a nang wl:.o waa uniruuned. Tt'z neaul-t woa thetntal dutttncLitn o( the ?aliLLo c.att and Aevule phgaicat and nentnland urational panbLuw

9tnce the accidefr, W. PaLLUo lwa beu undut the coae o{ anoathopedie Aulgeon, a neuulogitt and a paqehologitt.. UntiL ad:centlq,i,t. wal necetuaLu don lvh to ue a cane when heafunp."zdto uto./ch.

EncLoaed to tubttanLiate lln. Pa.tillota poli,Llon i.a a nece,tnt datedApnil 19, 1g7g [nctn E.L. Youngue, M.O. evidencinq tlwt a neurLolbqqtsuntuzrt wo"s neceived bg luin- on- Apnit g, 1979 ind that he it tlheduted{ott awthen theatment. gn Aprtil 23, 1979.

Tle o.ceident cauaed WL. Pa.il.tto heal,th pnoblens and tegt lvi,tnutubLe to wonlz and auppoa.t. hi,a wi[e and {otnitttr. He ls,t beei- iil luioui{irundat d.i{[icu("tq.

tlrl. Pa.tillo uw pfu|tid,a.llq and enotiorully hrwt and unr unableto atl.end meeli.nga and to paq lvi,s due-a.

. ..Fontwra.telq, \e,.r4 ryow. ,showing !4sm od nalz.ing tubttanLial ptlogrleasin.the.t4ccttncn( u.i.4A .Lnju.ntet aid hlaa &iiallq ,tieiirza aomz b'eneiii-uttu-ch tave e.nablzd h,in to -pqq l,i4 duea. He i.a a*ictpa*,tng that in ihe\ry ^6$qe. tui,s drtctona will a,tlow lvin to te,tuan to woth "on at teau ibdol baai,s.

Plaintiff's Exhihit 3

COIS1ONWEALTH OF PENNSYLVANIA

C1UNTY OF BEAVER SS:

Before me, the undersigned authority, personally

appeared, TE$LA PATtrLL$, Jft,, who, duly sworn according to law,

deposes and says that the facts set forth in the foregoing

Complaint are true and eorrect to the best of his knowledge.

information, and belief./

/\ / - 1o -

o, Jr.

Sworn to and

this J, L a.y

subscribed before meT-

of :ir34vi\r2t , I990.

- 7i t?Y'

ARI'IOI.D Y. STEIIIBERG

ATTO?NEY AT LAVr'

66I M'FCHANT STREET

AMBRIOGE. PA. I5OO'

ar2.z6E-ttoo

Notary Publici , ';' '..

.. re\-i.('

PAUi t lilrt*otit(h?i Cttrty

Sheriff's Return

g 393 of 1980 t

SHERIFF'S OFFICECOUFT HOUSE

BEAVER, PENNSYLVANIA I 5OO9

Complaint in TrespassPattilo, Jr. vs. Purdie

February 28, 1980

SERVED

on February

within Complaint in Trespasq-28, 1980 6t 2:35 P-.-l!. -uPon

within named

Russell Purdie

; 99 Kennedy Blvd. . -.-,

defendant

at place 66 employment

Aliquippa, Pa.

Beaver County, Pennsylvania.

personal 1y

Handed to Russell Purdiq

a true and correct coPy of the aforementioned

Complaint in Trespass

making known to him the contents thereof.

So answers Sheriff

Deputy

.\;

IN THE COURT OF COMMONOF BEAVER COUNTY

PENNSYLVANIA

TEOLA PATILLO, JR.,Plaintif f

vs.

ALIQUIPPA VOLUNTEER FIREDEPARTMENT, and RUSSELLPURDIE, AS SECRETARY OF THEVOLUNTEER FIRE DEPARTMENT,and AS AN INDIVIDUAL,

Defendants

No. 393 of 1980In Trespass

J. LAUSON CASHDOLLARATTCTRNEY AT LAW

676 THIRD S'REEI

EEAVET, PENNSYTVANIA T5OO9

.i, I

&n I 3irpF,llyq6I -..i . -

PiliiSYL\',,.rria

r

.':Iil:i{w

IN THE COURT OF COMMON PLEAS OF BEAYER COUNTYPEt'it'ISYLVANtA

TEOLA PATILLO, JR. :

Plaintiff ::

vs. : Case No. 393 of 1980

ALIQUIPPA VOLUNTEER FIRE , fn TrespassDEPARTMENT, and RUSSELL PURDIE, :AS SECRETARY OF THE VOLUNTEER :FIRE DEPARTMENT, aNd AS AN :INDIVIDUAL,

:

Defendants I *

tc, BhmANSWER =I

cDra i

NOV COME the Defendants, Aliquippa Volunteer Fire Depa*iner#and'f..' SRussell Purdie as Secretary of the Aliquippa Volunteer Fire Departmegr3n $lir-

-:_idual, by and through their attorneys, J. Lauson Cashdollar and Sames S. Ruffier, =

and answer as follows:

l. Admitted.

2. Denied. The Aliquippa Volunteer Fire Department is a Non-prof it

Corporation having its principal place of business at 1499 Kennedy Boulevard,

Borough of Aliquippa, County of Beaver, and Commonwealth of Pennsylvania.

3. Admitted.

4. Admitted. lt is admitted that during the years of 1978, !979 and 19E0,

the Plaintiff was at all times, and continues to be a professional firefighter, employed

by the Borough of Aliquippa Fire Department.

5. Denied. After reasonable investigation, the Defendants are without

knowledge or sufficient information to {orm a belief as to the truth of this averment.

Strict proof is demanded. j

lB.

I

5. Denied' After reascnable invesdgatiofl, the Drfendants are $rithaut

knowledge or inforrnation sufficient to fcrrn a beiief as to the rruth of this averrnent.

Strict proof is demanded.

7. Denied' The Plaintiff was al,ready more than t$o and one half months

delinquent in his mernbership dues on March 2+, 1978, when he alleges he was in a

rtiolent two-car collisiont'.

8. Admitted in part and denied in part. It is admitted that on or about

April 2, 1979, the Defendant-department, through the De{endant-secretary, Russell

Purdie, sent the Plaintiff a letter which is attached to the complaint as Plaintiffls

Exhibit l. The balance of the allegation in paragraph 8 wherein the plaintiff

purports to interpret the letter, are denied. The letter speaks for itself.

9. Admitted in part and denied in part. It is admitted that Plaintiff did not

attend the April ?,3, L979, meeting. After a reasonable investigation, the Defendants

are without knowledge or information sufficient to form a belief as to the truth of the

balance of the averments contained in paragraph nine. They are therefore denied.

Strict proof is demanded.

10. It is admitted in part and denied in part. It is admitted that prior to

April 23, 1979, the Plaintiff sent or conveyed a personal money order to the Aliquippa

Volunteer Fire Department in the amount of fifteen (515.00) dollars. It is denied that

said money order in the amount of fifteen (515.00) dollars was sufficient to satisfy the

obligation of any dues and fees owed at that time by him, and furthermore it is denieci

that this late attempt to pay his dues in any way abrogated the departmenfs right to

discipline him for his delinquency.

I

I$ryWffi?ry,ffi:iTry.f,:?1

li. Admitted in part and d€ded in part. lt is adrnitted that o{} or a"hou:

Aprit lI, l979ran altorney representing the Plainrif{ sent ths Delendant's secretarv

a tetter indicating or claiming that the Plalntiff was scledtfed far medtcal'treat-

firent on hpr\l 23, 1979, at the office of Dr. E. L. Youngue.

12. Admitted in part and denied in part. It is admitted that on Aprii

23, 1979, in lhe Plaintiffls absence, the Aliquippa Yolunteer Fire Department

"Cropped the Plaintiff from the rollsrt. It is denied that the Defendant's secretar-v

was under any obligation to take any stePs to Prevent this action. lt is further

denied that the Plaintiffs absence from the meetinB on April 21, 1979, caused

his suspension. On the contrary, it is averred that his successive absences and

his failure to pay his membership dues for the year i979 on or before February

l, 1979, caused the Plaintiff's suspension.

13. Admitted in part and denied in part. It is admitted that the Defen-

dant-department held a meeting on or about September Llt L979 and that the

Plaintiff appeared at such meeting and was told by the Defendanfs secretary

that he had been excluded from the membership for non-payment of his dues and

for failure to attend meetings as required by the organizationrs constitution and

by-laws. The Defendant-secretary does not have any recollection or any records

to indicate whether or not the Plaintiff was sent a notice of the time and place

of the meeting held on or about September ll, 1979. Because the Defendants

are without knowledge or information to form a belief as to the truth of this

averment, it is denied and strict peoof is demanded.

I

l4.Deni€d.StatementsmarlebyttreDefendant.secretaryweretrue'

. accrrate and iustified' The tender of the mtr}ey order attaclled to the cornplaint

asExhibit2ronoraboutApril2l'L979'wasirrelei'ranttothecharg'esagainst

the Plaintiff aild the disciplinary proceedings wrder way against him'

VHEREFoRE,theDefendantsdemandthattheclaimagainstthem

be dismissed with Peiudice'

COUNT II

ts.Denied.ItisdeniedthattheDefendant-dePartment'throughits

Secretary,handiedthematterin3f3rrltyway.Itisfurtherdeniedthatthehand.

lingofthediscipliningagainstthePlaintiffcausedthePlaintifftoundergomental

anguish,embarrassment,physicalsufferingorinjurytothePlaintiff'sreputation

or his emPloyment'

15. Denied' On the contrary' it is averred that the Defendant non-

prolitcorporationtookthisdisciplinaryactionbecauseitwascorrectandrequired

under the constitution and by-laws'

t7. No answer required. lt is denied, however, that the Defendants

causedqrintendedtocausethePlaintiffanysufferin8orthattheDefendants

actionsinthismatterwouldbethebasisforcompensatoryorpunativedamages.

WHEREFoRE,theDefendantsdemandthatthecomplaintagainst

them be dismissed with Preiudice'

ly submitted,Respectful

,1. -, ff*- ^LU.--

I

Commemoratinghtps ://mail.aol.com/3 88 I 5 - ll I I aol-6/ en-us/maillprintMessage.aspx

From : Terrell Patillo <familyfranchise 1 @aol_com>To : fa milyfr a n ch ise't <fa milyfranch ise 1 @ao l. corn>

Subject; Comrnennrating

Date: Sat, Oct25,2014 4:47 pm

we are commemorafin g 4ayrs(lgrg) agosince when my dad, King Tee patillo Jr.made the decision to leave the mill andbecome the 1st Black fireman in Aliguippa.After talking to his pastor at Ebenezerchurch A.M.E. in Aliquippa on Davis st.(The Pastor advised hirn that it would be abad idea). Twelve years later after the millclosed(l985) Tee was the l st black Captainand lst black president Local #902,,Firefighters Union . t$fetired Moy t, tsssil asyrs. otd

@

"stormins *r:, o Heauenty cause,,

ALIOUIPPA BUREAU OF FIREi t499 Kennedy Btvd.

Aliquippa, PA 15001

I T", Patillo, Jr.

; captain 1rc-12) 378_4433