EXHIBIT "A" 

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 PETRILLO & GOLDBERG, P.C. 

By: STEVEN M. PETRILLO, ESQUIRE 

6951 North Park Drive 

Pennsauken, NJ 08109 

 (856)486-4343 

 ATTORNEYS FOR PLAINTIFF 

BRIAN HOLMES, 

Plaintiff, 

V. 

PATROLMAN JASON STETSER, I 

PATROLMAN L. SANCHEZ, PATROLMAN I 

J. RODRIGUEZ, DETECTIVE WELCH, I 

INVESTIGATOR JOSEPH GURCIX, CHIEF I 

SCOTT THOMSON, LIEUTENANT JIM 1 

PHILLIPS, THE CITY OF CAMDEN and/or 

JOHN DOE #1 through #25 (fictitious names 

of yet to be identified parties to this litigation), 

jointly, severally and/or in the alternative, 

Defendant(s) 

SUPERIOR COURT OF NEW JERSEY 

CAMDEN COUNTY 

LAW DIVISION 

DOCKET NO- CAM-L- c 

CIVIL ACTION 

COMPLAINT AND JURY DEMAND 

The plaintiff, Brian Holmes, by way of complaint against the defendants says: 

FIRST COUNT 

I. The plaintiff Brian Holmes is an adult individual residing in Camden, New Jersey. 

2. Defendants Patrolman Jason Stetser, Patrolman L. Sanchez, Patrolman J. Rodriguez, 

Detective Welch, Investigator Joseph Gurcik, Chief Scott Thomson, Lieutenant Jim Phillips, 

- - ------------. 

and/or John Doe #1 through #25 (fictitious names of yet to be identified parties to this----- 

litigation) are adult individuals who, at all times relevant hereto, were employed by the City of 

Camden within its Police Department at its principal place of business located at Haddon 

Avenue and Federal Street in the City and County of Camden, State of New Jersey. 

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3. Defendant City of Camden is a public entity created under the laws of the State of 

ew Jersey whose Police Department has its principal place of business located at Haddon 

venue and Federal Street in the City and County of Camden, State ofNewJersey. 

4. On or about November 21, 2005 and on all dates subsequent thereto relevant hereto 

defendants Patrolman Jason Stetser, Patrolman L. Sanchez, Patrolman J. Rodriguez, 

Detective Welch, investigator Joseph Gurcik, Chief Scott Thomson, Lieutenant Jim Phillips, 

and/or John Doe #1 through #25 (fictitious names of yet to be identified parties to this 

litigation) were employees, agents and/or servants of the City of Camden within its Police 

Department who acted within the scope of their employment, agency and/or servitude and 

otherwise acted under color of law. 

5. On or about November 21, 2005 the plaintiff Brian Holmes was present in the City 

and County of Camden and State of New Jersey. 

6. On said date and on various and sundry dates and times thereafter the defendants 

Patrolman Jason Stetser, Patrolman L. Sanchez, Patrolman J. Rodriguez, Detective Welch, 

Investigator Joseph Gurcik, Chief Scott Thomson, Lieutenant Jim Phillips, and/or John Doe 

#1 through #25 (fictitious names of yet to be identified parties to this litigation) acting in 

conspiracy, individually, under color of state law and otherwise did unlawfully and 

unconstitutionally plant and falsify evidence, arrest, indict, try, convict and incarcerate the 

in violation of the Constitution of the United States of America, the 

Constitution of the State of New Jersey and of the laws of the State of New Jersey. 

7. Said defendants, at all times relevant hereto, did unlawfully, willfully, wantonly and 

without probable cause detain, falsely imprison, falsely accuse, indict, try, convict and 

2 

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ison the plaintiff Brian Holmes depriving him of due process, the right to be secure in his 

from illegal and unreasonable searches and seizures, the right of equal protection under 

Ithe federal and state constitutions and under state law and the plaintiff was otherwise deprived 

of his rights, privileges and immunities secured by the Fourth, Fifth, Sixth and Fourteenth 

of the United States Constitution and of such rights, privileges and immunities 

secured by the New Jersey State Constitution and by New Jersey law. 

8. As a direct and proximate result of the aforesaid constitutional violations and 

Iviolations of law plaintiff Brian Holmes was deprived of his liberty, freedom, right to 

enjoyment of life and was subjected to humiliation, embarrassment, mental anguish, 

and psychiatric injury, loss of enjoyment of life, deprivation of rights and 

ivileges and the plaintiff Brian Holmes was otherwise injured and damaged in a severe and 

fashion. 

WHEREFORE, the plaintiff Brian Holmes demands judgment for compensatory and 

ye damages against the defendants Patrolman Jason Stetser, Patrolman L. Sanchez, 

Patrolman J. Rodriguez, Detective Welch, Investigator Joseph Gurcik, Chief Scott Thomson, 

Lieutenant Jim Phillips, the City of Camden, and/or John Doe #1 through #25 (fictitious 

names of yet to be identified parties to this litigation), jointly, severally and/or in the 

alternative, together with attorney fees, interest and costs of suit. 

SECO?DCT 

1. Each and every paragraph of the first count of plaintiff’s complaint is hereby repeated 

as if more fully set forth at length. 

3 

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2. The City of Camden at all times relevant hereto established policies, procedures and 

which permitted, afforded and encouraged the conduct more specifically 

in the first count of plaintiff’s complaint rewarding, promoting and otherwise 

officers of its Police Department who engaged in conduct violative of 

itutional and state rights. 

3. The defendant City ofCnaen, at all times relevant hereto, exercised deliberate 

indifference in failing to train, supervise, monitor and manage its police officers constituting a 

or conscious choice in failing to do so. 

4. As a direct and proximate result thereof, plaintiff Brian Holmes suffered the 

injuries and damages when Camden City police officers acting in conspiracy, 

or jointly, in the course of employment for the City of Camden and under color of 

law violated his constitutional and state law rights as aforedescribed. 

5. As a direct and proximate result thereof, plaintiff Brian Holmes sustained the 

aforedescribed injuries and damages which are deemed to be ongoing and permanent in 

WHEREFORE, the plaintiff Brian Holmes demands judgment against the defendants 

Jason Stetser, Patrolman L. Sanchez, Patrolman J. Rodriguez, Detective Welch, 

Joseph Gurcik, Chief Scott Thomson, Lieutenant Jim Phillips, the City of 

John Doe #Lthrough #25 (fictitious names of yet to be identified parties to 

this litigation), jointly, severally and/or in the alternative, for compensatory as welFas 

damages together with attorney fees, interest and costs of suit. 

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DEMAND FOR JURY TRiAL 

PLEASE TAKE NOTICE that the plaintiff hereby demands a trial by jury as to all issues 

DESIGNATION OF TRIAL COUNSEL 

PLEASE TAKE NOTICE that SCOTT M. GOLDBERG, ESQIJJRI,is hereby 

esignated as trial counsel regarding the within matter. 

ATTORNEY’S CERTIFICATION 

The undersigned hereby certifies that, to the best of my present knowledge, the within 

iatter is not the subject of any other actions or arbitration proceedings, nor are any such other 

otions or arbitration proceedings presently contemplated in this matter. 

AND GOLDBERG, P.C. 

BY: 

S PETRILLO, ESQUIRE 

wed: April 22, 2011 

5 

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FOR USE BY CLERK’S OFFICE ONLY 

PA\?ENTTPE CK CG CA CIVIL CASE INFORMATION STATEMEN T 

CHG/CK NO. (CIS), 

AMOUNT; 

Use for initial pleadings (not motions) under Rule 4:5-1 Batch Number 

OVERPAYMENT: 

ATTORNEY NAME TELEPHONE NUMBER 

- 

COUNTY OF VENUE 

Steven M. Petrillo, Esquire (856) 486-4343 Camden 

FIRM NAME AND OFFICE ADDRESS 

PETRILLO & GOLDBERG, P.C. 

DOCUMENT TYPE DOCK,kr NUMBER 

Complaint 

JURY DEMAND 

- ......X 

vas ( )to 

5951 North Park Drive 

. Pennsauken, NJ 08109 

NAME OF PARTY (e.g. John Doe, PLainIiIT) CAPTION 

Brian Holmes, Plaintiff Holmes v. Stetser, et al. 

CASE TYPE NUMBER 005 Is this a professional Malpractice Case? ( ) YES . (XX) NO 

IF YOU HAVE CHECKED "YES" SEE N.J.S.A. 2A:53A-27 

AND APPLICABLE CASE LAW REGARDING YOUR 

OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. 

RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS 

( )YES (X)NO 

DO YOU ANTICIPATE ADDING ANY PARTIES NAME OF DEFENDANT’S PRIMARY INS. CO.: 

(Ailsing out of the same transaction or occurrence)? ( )YES (X) NO Unknown 

THE INFORMATION PROVIDED BELOW CANNOT BE INTRODUCED INTO EVIDENCE 

CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION 

A. DO PARTIES HAVE A CURRENT, IF YES, IS THAT RELATIONSHIP 

PAST OR RECURRENT RELATIONSHIP? 

EMPLOYER/EMPLOYEE ( ) FRIEND/NEIGHBOR ( ) OTHER 

YES X) NO ( ) FAMILIAL ( ) BUSINESS 

B. DOES THE STATUTE GOVERNING THIS CASE 

PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? (X) YES ( ) NO 

USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS 

THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED DISPOSITION. 

DO YOU OR YOUR CLIENT NEED ANY 

DISABILITY ACCOMMODATIONS? . 

( ) YES (X) NO IF YES, PLEASE IDENTIFY: 

WILL AN INTERPRETER BE NEEDED? 

( ) YES (X) NO IF YES, FOR WHAT LANGUAGE: - 

I certify that condent p rsonal identifiers have been redacted from documents now submitted to the court, and will be redacted 

from all documents sub itt in the future in accordance with Rule 1 ’.38-7(b). 

ATTORNEY SIGNATU DATE 

April 22, 201] 

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PETRILLO & GOLDBERG, P.C. 

By: STEVEN M. PETRILLO, ESQUIRE 

6951 North Park Drive 

Pennsauken, New Jersey 08109 

(856) 486-4343 

ATTORNEYS FOR PLAINTIFF(S) 

BRIAN HOLMES, 

Plaintiff(s), 

V. 

PATROLMAN JASON STETSER, I 

PATROLMAN L. SANCHEZ, PATROLMAN I 

J. RODRIGUEZ, DETECTIVE WELCH, I 

INVESTIGATOR JOSEPH GURCIK, CHIEF I 

SCOTT THOMSON, LIEUTENANT JIM 

PHILLIPS, THE CITY OF CAMDEN, jointly, 

severally and/or in the alternative, 

Defendant(s). 

SUPERIOR COURT OF NEW JERSEY 

CAMDEN COUNTY 

LAW DIVISION 

DOCKET NO.: CAM-L-2087-11 

CIVIL ACTION 

SUMMONS 

From The State of New Jersey, To The Defendant(s) Named Above: 

Investigator Joseph Gurcik 

The plaintiff, named above, has filed a lawsuit against you in the Superior Court of New 

Jersey. The complaint attached to this summons states the basis for this lawsuit. If you 

dispute this complaint, you or your attorney must file a written answer or motion and proof of 

service with the deputy clerk of the Superior Court in the county listed above within 35 days 

from the date you received this summons, not counting the date you received it. (The address 

of each deputy clerk of the Superior Court is provided.) An $135.00 filing fee payable to the 

Clerk of the Superior Court and a completed Case Information Statement (available from the 

deputy clerk of the Superior Court) must accompany your answer or motion when it is filed, 

You must also send a copy of your answer or motion to plaintiffs attorney whose name and 

address appear above, or to plaintiff, if no attorney is named above. A telephone call will not 

protect your rights; you must file and serve a written answer or motion (with fee and 

completed Case Information Statement) if you want the Court to hear your defense. 

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Page 2 

If you do not file and serve a written answer or motion within 35 days, the Court may 

enter a judgment against you for the relief plaintiff demands, plus interest and costs of suit. If 

judgment is entered against you, the Sheriff may seize your money, wages or property to pay 

all or part of the judgment. 

If you cannot afford an attorney, you may call the Legal Services office in the county 

where you Jive. A list of these offices is provided. If you do not have an attorney 

and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling 

one of the Lawyer Referral Services. A list of these numbers is also provided. 

Q

*alIFEPERE) 

Clerk of the Superior Court 

DATED: April 29, 2011 

Name of Defendant to be Served: Investigator Joseph Gurcik 

Address of the Defendant to be Served: 1070 Huntington Drive 

Williamstown, NJ 08094 

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