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Home My WebLink About98-00212 ~ ~ ~ ~ ~ 'i' J ~ ~~ ~ I , I / / t ~ - .;5 . <:::J ~ II ~ '" ~ ~ ~ '~ >- (", i'i r'") u:; Lf: . '~ ~ So \\ ~- .. ... "'- .(J lUr.~ c:.-: E~~ , ~ td(i -..~ p--,' ....... (.):1: I ~, _ (.L. "- c,jl~' ()::j ~~ I.J "- Q ,"" ,\ fil' ..:J- .:"~ E.,') -'I':~ "-~ \'VJ EI~ j~! I ;;':2 ~ \' ...... , ,it..] ~ ~ r-:-: """ '\I) -, ~u... ~ I.L 0 en :.') 0' <.) ~ -,' GREGORY J. KATSHIR Attornoy nl Low 000 Mnrkllt Slroot Lornoynn, Ponnuylvitnln 1-,c14:J (7\ n 70:1-111 :1:1' I'll. ('I1"n "fI\:t.\J4;!!i , " , ~ " BABY DOE, a minor by her mother and guardian, JANE DOE, and JANE DOE, individually plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO: ff'- d / J CIVIL TERM I: NORVILL STEVEN NAUSS and MICHELLE MCCONNELL Defendants TO: DEFENDANTS NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Courthouse 4th Floor Carlisle PA 17013 Telephone: (717) 240-6200 BABY DOE, a minor by her mother and guardian, JANE DOE, and JANE DOE, individually Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . --- NO. Vi - .,/ / J.. L'lV"( '/.t..L ,....... vs. CIVIL ACTION - LAW NORVILL STEVEN NAUSS and MICHELLE MCCONNELL Defendants COMPLAINT AND NOW, comes the plaintiffs, Baby Doe, a minor by her guardian, Jane Doe, and Jane Doe, individually, by and through their attorney, Gregory J. Katshir, Esquire, with the following complaint an aver as follows: 1. plaintiff, Baby Doe, age 11, is a minor child who resides with her mother, and Plaintiff herein, Jane Doe. 2. plaintiff, Jane Doe, the natural mother and guardian of Baby Doe, is an adult individual who resides in cumberland county, Pennsylvania. 3. Defendant Norvi11 Steven Nauss (hereinafter "Nauss") is an adult individual residing at 206 Cumberland Road, Enola, pennsylvania, 17025. 4. Defendant Michelle Mcconnell (hereinafter "Mcconnell") is an adult individual residing at 206 Cumberland Road, Enola, pennsylvania, 17025. 5. Defendant McConnell provides, or provided, day care services at her home. Jane Doe contracted with Defendant McConnell to provide day care services. Jane Doe contracted with Defendant McConnell to assume care and supervision of her children during work hours and Jane Doe was to puy her for those services. However, when she was busy, Defendant McConnell often instructed Defendant Nauss, her paramour, to watch the children. Defendant Nauss would often retrieve the children at school at the direction of Defendant McConnell. 6. On or about June, 1995, Jane Doe began utilizing the day care services of Defendants. Defendant McConnell was to provide care to Baby Doe and her minor sister before and after school ended each day until Jane Doe could pick up the children after work. Additionally, Defendant McConnell was to provide care to the children during work hours during the summer months. Jane Doe utilized the day care services from on or about June, 1995 until on or about November, 1996. 7. Further, from on or about December, 1995, the Doe children frequently spent the night at the Defendants' home. 8. On or about November 4, 1996, Baby Doe was planning to spend the evening at the Defendants' home. However, on that same evening Baby Doe spoke with Jane Doe on the telephone from Defendants' home and indicated that she wished to come home. Baby Doe further indicated that she wished to corne home because Defendant Nauss "is making me watch him play with himself". 9. Jane Doe immediately retrieved Baby Doe from the Defendants' home. The incident was reported to the East Pennsboro Police Department. 10. Prior to speaking with Jane Doe on the telephone on November 4, 1996, Baby Doe was demanded by Defendant Nauss to go to a bedroom to obtain a pair of shoes. Baby Doe went to the bedroom, and Defendant Nauss followed. Defendant Nauss entered the bedroom with his pants around his ankles. Defendant Nauss wished for Baby Doe to watch him masturbate. 11. subsequent to November 4, 1996, Baby Doe told Jane Doe of other incidents involving inappropriate and lewd behavior of Defendant Nauss during hours that Defendant McConnell was to be providing care and supervision. 12. On numerous occasions, Defendant Nauss would direct Baby Doe to go to a particular room in the home. When she would arrive, she would see Defendant Nauss masturbating. Defendant Nauss would ask Baby Doe if she wished to "touch it". Upon Baby Doe's refusal, Defendant Nauss would state "corne on, it's not fair". 13. Additionally, Defendant Nauss would wake Baby Doe from sleep and force her to observe him masturbating beside her bed. 14. Defendant Nauss also would touch Baby Doe in an inappropriate manner. Defendant Nauss would attempt to, and did, touch Baby Doe's buttocks on numerous occasions. 15. Subsequent to November 4, 1997, Defendant Nauss was criminally charged with three (3) counts of indecent exposure for the incidents described above. Defendant Nauss subsequently plead guilty to one (1) count of indecent exposure, in the Court of Common Pleas, Cumberland County, Pennsylvania, and was sentenced to two (2) to twenty-three (23) months in the r I' i , Cumberland County Prison. 16. Approximately ten (10) years ago, Defendant Nauss was convicted of sexual assault of a minor. ~ 17. Defendant McConnell, at all times relevant hereto, was aware of the actions of Defendant Nauss and failed to take steps to protect Baby Doe from the harm. Defendant McConnell was also aware of Defendant Nauss' prior conviction for sexual assault yet she pe~mitted and encouraged Defendant Nauss to be with Baby Doe without her supervision. 18. Defendant McConnell failed to warn Jane Doe of Defendant I I , ! ' , i " , Nauss actions. Not only did Defendant McConnell fail to warn Jane Doe of the actions of Defendant Nauss, but she indicated to Jane Doe that she permitted the actions of Defendant Nauss to proceed because "it's not like he's hurting the kids". Defendant McConnell made the above statement on November 4, 1996 after being questioned by Jane Doe. 19. The actions of Defendants have caused Plaintiffs to suffer sever and continuing emotional distress. As a direct result of Defendants' conduct, Plaintiff Baby Doe has been forced to, and will continue to, receive treatment from private physicians for the trauma inflicted. COUNT I BABY DOE V. NAUSS and MCCONNELL INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 20. Paragraphs one through nineteen (1-19) are incorporated herein as if the same were set forth in detail. 21. The actions of Nauss and Mcconnell, as set forth above, were malicious, willful, wanton, intentional, extreme and outrageous, and specifically calculated to cause injury to the Plaintiff generally, and specifically in the following particulars: AS TO DEFENDANT NAUSS: a) in continuously and repeatedly forcing Baby Doe to view his acts of self masturbation; b) in touching Baby Doe in an inappropriate manner; c) in repeatedly aSking Baby Doe to "touch it" while in the course of masturbation. AS TO DEFENDANT MCCONNELL: a) in permitting and encouraging Defendant Nauss, a known sex offender, to be alone and unsupervised with Baby Doe; b) in permitting Defendant Nauss to continuously and repeatedly force Baby Doe to view acts of masturbation 22. As a direct and proximate result of Defendants' conduct, Plaintiff Baby Doe has suffered, and will continue to suffer, extreme emotional distress. WHEREFORE, Plaintiff demands an amount in excess of Thirty Thousand ($30,000.00) Dollars for compensatory and punitive damages, reasonable attorney's fees, costs of suit, and other such relief as the Court deems proper. COUNT II BABY DOE AND JANE DOE v. MCCONNELL NEGLIGENCE 23. paragraphs one through twenty-two (1-22) are incorporated herein as if the same were set forth in detail. 24. As set forth above, Defendant McConnell breach her duty to use reasonable care in the supervision and care of Baby Doe mental, psychological and emotional injury and distress which is likely to continue in the future. WHEREFORE, Plaintiffs demand an amount in excess of Thirty Thousand ($30,000.00) dollars for damages , costs, and other such relief as the Court deems proper. ..' COUNT IV BABY DOE V. NAUSS BATTERY 29. Paragraphs one through twenty-eight (1-28) are incorporated herein as if set forth in detail. 30. The conduct of Defendant Nauss constituted an intentional, physical intrusion upon the solitude, seclusion and privacy of Baby Doe and the intrusion was and would be highly offensive to a reasonable person. 31. As a direct result of the conduct of Defendant Nauss, Baby Doe has suffered personal damage. WHEREFORE, Plaintiff demands an amount in excess of Thirty Thousand ($30,000.00) dollars for damages, costs, and other such relief as the Court deems proper. COUNT V BABY DOE AND JANE DOE V. NAUSS and MCCONNELL LOSS OF CONSORTIUM 32. Paragraphs one through thirty-one (1-31) are incorporated herein as if the same were set forth in detail. 33. As a result of Defendants' acts, and failure to act, Plaintiffs have suffered the fOllowing injuries and damages: a) loss of the family relationship; b) interruption of the family unit; """' c) loss of the aid, comfort, services, support, assistance, and companionship of her daughter; WHEREFORE, Plaintiffs demand an amount in excess of Thirty Thousand ($30,000.00) dollars for compensatory and punitive damages, reasonable attorney's fees, costs of suit, and other such relief as the Court deems proper. PA 1D #61967 900 Market street Lemoyne PA 17043 (717) 763-8133 ,I V E R I FIe A T ION I verify that the statements made ill this Complaint are I i 1\ true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: J/Ji I q ro ~a/XL' :ZJ~ J e Doe :':IIEP rFF''', !::J:'f"J!.:!i i~Er_.u! 1\1\ CASE: I/O: J 9'''/3 - 0~~:': 1 ;" [' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMDERLAPD DOE BABY ET AL YS. NAUSS NORVILL STEVEN E1' Ah_ ROBERT L, FIIiJh... SR, , Sheriff oz' Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLA1NT upon _tlAUSS NORVILL STEVEN defendant, at 1625:00 HOURS, on the 20th day of January was served the 1998 at 206 CUMBERLAND ROAD (EAST) ENOLA, PA 17025 ,CUMBERLAND County, Pennsylvania. by handing to MICHELLE MCCONNELL, PERSON IN CHARGE a true and attested copy of the COMPLAINT and at the samE' time directing H',r attention to thE' contents therE'of. Sheriff's Costs: Dod;"ting Service Affidavit SurchargE' 18,00 9,92 ,00 2.00 So answer~ .d..e R71C laJ.ne, ~~,;:: $29, ':JL GREGORY J, I\ATSHIB 01/22/~:'98~~~~L r B7!fJlL., DepuT,- ",t1en:u V. ~ Sworn and sUbscrJ.b~o beforE' me this :I:l """(,,jay of ~/"'...( 19 99' A, [I, C)u.r<<-f{ c~~:r~ $' .~'-~ SHt::RIrT'::' IlETUrW r\EIJULAH CASE NO: 1998.00212 P COMMONWEALTH OF PENNSYLVAN1A, COUNTY OF CUMBERLAND DOE BABY ET AL VS, NAUSS NORVILL STEVEN ET AL ROBERT L, FINK, SR, CUMBERLAND County, Pennsylvania, , Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within CO~IPLAINT upon MCCONNELL MICHELLE defendant, at 1525:00 HOURS, on the ~ day of Januarv was served the 1998 at 205 CUMBERLAND ROAD lEAST) ENOLA, PA 17025 ,CUMBERLAND County, Pennsylvania, by handing to I1ICHELLE ~ICCONNELL a true and attested copy of the COMPLAINT and at the same time directing Her attention to the contents thel'eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 5,00 ,00 ,00 2.t1lt1l So anGw?~~..e H. Ihomas IIT1ne, 5herLl1 S8, <ll~GREGORY J. I\ATSHIR t1l1l22/1998 by _~({- -/qJ~~~ eputy~'fitf' Sworn and sUbscribot.:,:.:;ore me this .:(.J......... day of 19JL A,D, ~~u- ~o~~~t~/~ . - BABY DOE, a minor by her mother and guardian JANE DOE, and JANE DOE Individually Plaintiffs ) IN THE COURT OF COMMON PLEAS Of ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) CIVIL ACTION - LAW ) ) NO 98-212 CIVIL TERM ) ) vs, NORVILL STEVEN NAUSS and MICHELLE MCCONNELL Defendants PRAECIPE TO SETTLE AND DISCONTINUE TO PROTHONOTARY: Kindly settle and discontinue the above captioned case and mark the docket satisfied. Respectfully submitted, / sh~r, Esquire Plaintiffs ..-/ :4t'1 Gregory J, Attorney fo 900 Market Street Lemoyne PA 17043 (717) 763-8133 i r- ~ .. :::> ~2 - g~ - -r ~ Eto :a C1~ r-= ~~, cO '~<f) _ Z 0:: ffiz if: ..,t (1)~ x: ... .'- LL (0 :::> 0 C1' U :.- .. ~ .... , GREGORY J. KATSHIR Attorney at Law 900 Market Slreet Lemoyne, Pennsylvania 17043 (717) 763.6133 . Fax (717) 763.9425