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Home My WebLink About96-03978 5. On or about April 8, 1993, Plaintiff Bechtel was charged with a criminal complaint alleging a violation of 18 Pa. C.S. S3126(a) (1), indeoent assBult (thll "criminal Charge"). a. The criminal Charge allegedly arose from a transaction involving Plaintiff Bechtel and Rachel 'i'hompson, the girlfriend of a probationer assigned to Plaintiff's supervision. b. The transaction was arranged by an agent of the Defendant !;lCAPO acting in concort with the Dauphin county detective (the "Sting"). c. The sting wa~ designod to lure Bechtel into contact with Thompson in a conference room while the detective waited in an adjacent room. d. The sting was completed when Thompson, who had previously sat at the opposite end of a conference room table from PlaintH f, came over to Pia intHf and in i tiated an embrace with Plaint if f. 6. The criminal Charge was brought to trial on August 18, 1994, wherein Plaintiff was acquitted when the Dauphin county Court of Common Pleas, through Judge 'i'urgeon, dismissed the Criminal Charge following Thompson's testimony for the prosecution's failure to present a prima facie violation of indecent assault. A true and correct copy of the docket entry of the Criminal Charge is appended to this complaint as Exhibit "A" and is incorporated by reference herein as if set forth in full. 7. On or about September 9, 1993, Thompson filed a civil complaint in the U. S. District Court for the Middle Distriot of pennsyl vania, docket number 4: CV-93-14 02 against, inter alia, Plaintiff Bechtel a11eg ing, inter alia, that he had violated Thompson's civil rightsl said complaint was subsequently amended three times (the "Civil Action"). 8. On or about October 21, 1993, and again on December 20, 1993, Plaintiff Bechtel made a demand in writing that the civil Action be defended by Defendants pursuant to 42 Pa.C.S. ~8547 and 8548 (the "Request for Legal Assistance") r a true and correct copy of said request(s) are appended to this complaint as EXhibits "B" and "e", respectively, and are incorporated by reference herein as if set forth in full. 9. On or about December 28, 1993, the Request for Legal Assistance was denied by Defendantsl a true and correct copy of the letter denying said request is appended to this complaint as Exhibit "D" and is incorporated by reference herein as if set forth in full. 10. As a direct consequence of the Defendants' refusal to provide the legal assistance requested, Plaintiff Bechtel was obi igated to secure private counsel to defend him in the Civil Action. 11. Following the dismissal of the criminal Matter, Plaintiff Bechtel, rather than expending additional sums in legal fees and court costs in defending the civil Action, agreed to settle the matter (the "civil Settlement"). 12. The civil Settlement was without an admission of liability on the part of Plaintiff Bechtel and was intended to relieve Bechtel of the expense of paying even greater sums in defense of a matter he reasonably believed was not meritorious. 13. Plaintiff Bechtel expended sums out of pocket in legal fees and expenses to secure representation in the criminal matter. 14. Plaintiff Bechtel expended sums out of pocket in cost~, expenses and legal fees to secure representation and settlement of the civil Action. COUNT I--DECLARATORY JUDGMENT 15. Paragraphs 1 through 14 are incorporated by reference herein as if Bet forth in full. 16. Pursuant to 42 Pa.C.S. ~8547, Defendants were obligated to provide legal assistance to Bechtel in the civil matter, as Plaintiff Bechtel met all conditions precedent to receive said assistance. 17. Pursuant to 42 Pa.C.S. ~8548, Defendants were obligated to provide indemnity to Bechtel in the civil Action, as Plaintiff Bechtel met all conditions precedent to receive said indemnification. 18. The Dofendants' failure to provide legal assistance and indemnity in the civil Action constitutes an active case or controversy bringing this matter within the jurisdiction of this court to render a declaratory judgment. 19. The Defendants' failure to provide legal assistance and ind41mnity to Bechtel in the civil Action constitutes an active case or controversy bringJ.ng this matter within tho jurisdiction of this court to render a declaratory judgment. 20. Bechtel brings this action for a judgment declaring that he is entitled to legal assistance in the above action and that he be reimbursed for all costs, expenses and attorney's tees incurred in the defense of the civil Action. WHEREFORE, Plaintiff Joseph Bechtel respectfully requests this Honorable Court to enter a judgment declaring that Bechtel is entitled to legal assistance and indemnity in the civil Action brought in the U.S. District Court for the Middle District of Pennsylvania, docketed at 4:CV-93-1402; that Defendants Dauphin County and Dauphin county Adult Probation Office are jointly and severally liable for providing said legal aSl:listance and indemnity; and that Bechtel be reimbursed for all costs, expenses and attorney's fees incurred in the defense of said action as legal assistance ana indemnity. COUNT II""INDBKNIFICATION 21. Paragraphs 1 through 20 arc incorporated by reference herein as if set forth in full. 22. Dauphin County and/or the Dauphin County Adult Probation Office have established a practice of indemnifying and defending employees who are alleged to have committed civil offenses in the course of their employment. 23. Bechtel relied to his detriment upon said practice in continuing his employment with Dauphin County and/or the Dauphin County Adult Probation Office believing that civil claims against him would be defended by Dauphin County and/or the Dauphin County Adult Probation Office. 24. By refusing to provide him with a defense or indemnity in the civil Action, Dauphin County and/or the Dauphin County Adult Probation Office breached its obligation to Bechtel, causing him damages as measured by the costs, expenses and fees in defending and settling a non-meritorious claim against him, and pursuing recovery of said costs, expenses and fees, which continue to accrue and are incapable of precise calculation at the present time. exhibit A , I I I " I , " ,I I I I , , " I I' " , " , I, I , -r; I I :1 II' , i I I I ! " " I j-J " " " , " , I " , I , I " 'I 'I IN T/IJ: COIII'I nl~ cnMMlIN 1'1 ,~^<'; fIr I IAlII'IIIr-1 C '( II ItJ I y.qm"'NI\I IIIVI':" 'fl 19 93 '11 Dachtfl', Jnlll!llh l'l\'lr II 11106 CO 93 ' , II'''' II" Ind. Asslt. 11Iun:'! 260 eN. Ar 1111gtOIl Avellue Ifnrrinhtlrn, Pllnnn. 17109 , II^, II "I Oat. CArl n. Gnrver tillllphtn Cty. C i b ,-;,I,-O~ KM "~II I , WI" . 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Upon information and belief, transfer of the instant matter is necessary to ensure that the issues raised in this matter are not decided by a Court who directs and controls one of the parties or by a Court that has a substantial financial intereot in the proceeding. 12. Because the Dauphin County Court of Common Pleas directs and controls the activities of Defendant APO, a fair and impartial trial cannot take place in Dauphin County, Bnd if the Court is to sustain Defendant's request for transfer, it should be to a county other than Dauphin County. 13. Pursuant to Pa. R.C.P.. 1006(d) (2), the matter, if to be transferred, should be certified to the Supreme Court for transfer to a county other than Dauphin County. WHEREFORE, Plaintiff Joseph Bechtel reEJpectfully requests that Defendants' Preliminary Objections be overruled and that Defendants be directed to fi le an answer to the Cc)mplaint, or. in the