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HomeMy WebLinkAbout03-0752IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN M. LESHKO, Plaintiff Vo GREG SERVIS and JUDY M. SERVIS : TRESPASS AND ASSUMPSIT Individually; and DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH by and through SANDRA MOORE, Agency Administrator; and DAUPHIN COUNTY by and through RICK WYNN, Human Services Director, and JEFFREY HASTE, LOWMAN HENRY AND ANTHONY PETRUCCI, its Commissioners Defendants : No.O~- ~ Civil 2003 : : : : 'JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEAI~NCR TO THE PROTHONOTARY OF SAID COUNTY: Please enter the appearance of the Law Offices of Farrell and Small, whose address is: 201/203 South Railroad Street Post Office Box 113 Palmyra, PA 17078-0113 Telephone: (717) 838-1385 as Attorneys for Karen M. Leshko, Plaintiff in the above- captioned case. Date: 02/20/03 By: FARRELL AND SMALL JOSE'P~]~. FARRELL, ESQUIRE Lawyer I.D. #20694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN M. LESHKO, : : Plaintiff : : V. : : GREG SERVIS and JUDY M. SERVIS : TRESPASS AND ASSUMPSIT Individually; and DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH by and through SANDRAMOORE, Agency Administrator; and DAUPHIN COUNTY by and through RICK WYNN, Human Services Director, and JEFFREY HASTE, LOWMAN HENRY AND ANTHONY PETRUCCI, its Commissioners Defendants : No. O2-~ Civil 2003 : : : : 'GURY TRIAL DEMg~IDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action to the following Defendants: Greg Servis 808 Fishing Creek Rd. New Cumberland PA 17070 Judy M. Servis 808 Fishing Creek Rd. New Cumberland PA 17070 Sandra Moore Agency Administrator Dauphin County Children & Youth Services 25 S. Front Street Harrisburg PA Jeffrey Haste, Commissioner Dauphin County Administration Building 2 S. 2nd Street, 4th Floor Harrisburg PA 17101 Rick Wynn Human Services Director Dauphin County Administration Building 2 S. 2n~ Street, 5th Floor Harrisburg PA 17101 Lowman Henry, Commissioner Dauphin County Administration Building 2 S. 2nd Street, 4th Floor Harrisburg PA 17101 .Anthony Petrucci, Commissioner Dauphin County 'Administration Building 2 S. 2~d Street, 4th Floor Harrisburg PA 17101 The Writ of Summons shall be issued and forwarded to the Sheriff for service. Date: February 20, 2003 Attorney I.D. 20694 201/203 S. Railroad Street P.O. Box 113 Palmyra, PA 17078 717/838-1385 Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland wRIT OF suMMONS KAREN M. LESHKO, Plaintiff Vs. Court of Common Pleas No. 03-752 CIVIL TERM In CivilAction-Law GREG SERVIS 808 FISHING CREEK RD NEW cuMBERLAND PA 17070 JUDY M. SERVIS 808 FISHING cREEK RD NEW CUMBERLAND PA 17070 sANDRA MOORE AGENCY ADMINISTRATOR DAUPHIN coUNTY CHILDREN & YOUTH SERVICES 25 S. FRONT STREET HARRISBURG PA RICK WYNN HUMAN SERVICES DIRECTOR DAUPHIN coUNTY ADMINISTRATION BUILDING 2 S. 2sD STREET, 5TM FLOOR HARRISBURG PA 17101 JEFFREY HASTE, cOMMISSIONER DAUPHIN coUNTY ADMINISTRATION BUILDING 2 S. 28D STREET, 4Ta FLOOR HARRISBURG PA 17101 LoWMAN HENRY, cOMMISSIONER DAUPHIN COUNTY ADMINISTRATION BUILDING 2 S. 2~ STREET, 4'fa FLOOR HARRISBURG, PA 17101 ANTHONY PETRUccI, COMMISSIONER DAUPHIN COUNTY ADMINISTRATION BUILDING 2 S. 2n° STREET, 4~'}~ FLOOR HARRISBURG PA 17101 Defendant To GREG SERVIS, JUDy M. SER¥IS, SANDRA MOORE, RICK WYNN, JEFFREy HASTE, LOWMAN HENRY, AND ANTHONY PETRuccI You are hereby notified that KAREN M. LESHKo, the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date FEBRUARY 20, 2003 Attorney: Name: JOSEPH M. FARRELL, ESQUIRE Address: 201/203 S. RAILROAD STREET P.O.BOX 113 PALMYRA, PA 17078 Attorney for: Plaintiff Telephone: 717-838-1385 Supreme Court ID No. 20694 CURTIS R. LONG Prothonotary DEVLIN & DEVINE By: Andrea L. Bennett, Esquire Attorney ID#: 74991 Suite 200 100 West Elm Street Conshohocken, PA 19428 (610)-397-4600 Attorney for Defendants KAREN M. LESHKO VS. GREG SERVIS and JUDY M. SERVIS Individually; and DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH by and through SANDRA MOORE, Agency Administrator; and DAUPHIN COUNTY by and through RICK WYNN, Human Services Director, and JEFFREY HASTE, LOWMAN HENRY and ANTHONY PETRUCCI, its Commissioners COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 03-752 Civil 2003 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Dauphin County Social Services for Children and Youth, Sandra Moore, Dauphin County, Rick Wylm, Jeffrey Haste, Lowman Henry and Anthony regarding the above-captioned matter. DEVLIN & DEVINE Attorney for Defendants CERTIFICATE OF SERVICE ANDREA L. BENNETT, ESQUIRE, attorney for Defendants hereby certifies that she caused a copy of the within document to be served upon the parties named below by United States, first-class mail, postage prepaid on March (~, 2003: Joseph M. Farrell, Esquire Farrell & Small 201/203 S. Railroad Street P. O. Box 113 Palmyra, PA 17078 DEVLIN &DEVINE ? .. ANDREA L. BENNETT, ESQUIRE Attorney for Defendants, DEVLIN & DEVINE By: Andrea L. Bennett, Esquire Attorney ID#: 74991 Suite 200 100 West Elm Street Conshohocken, PA 19428 (610)-397-4600 Attorney for Defendants KAREN M. LESHKO VS. GREG SERVIS and JUDY M. SERVIS : Individually; and DAUPHIN COUNTY : SOCIAL SERVICES FOR CHILDREN : AND YOUTH by and through SANDRA : MOORE, Agency Administrator; and : DAUPHIN COUNTY by and through : RICK WYNN, Human Services : Director, and JEFFREY HASTE, : LOWMAN HENRY and ANTHONY : PETRUCCI, its Commissioners : COURT OF COMMON PLEAS CUMBERI,AND COUNTY No. 03-752 Civil 2003 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule on plaintiff in the above-entitled matter to file a Complaint within twenty (20) days or suffer judgment of non pros. Attorney for Defendants RULE TO FILE COMPLAINT TO THE WITHIN PLAINTIFF: You are hereby ruled to file a Complaint within twenty (20) days after service hereof. PROTHONOTARY CERTIFICATE OF SERVICE ANDREA L. BENNETT, ESQUIRE, attorney for Defendants hereby certifies that she caused a copy of the within document to be served upon the parties named below by United States, first-class mail, postage prepaid on March~, 2003: Joseph M. Fan'ell, Esquire Farrell & Small 201/203 S. Railroad Street P. O. Box 113 Palmyra, PA 17078 DEVLIN & DEVINE At~o~nRi~e-;foLr] ~Dei%ndaJT,,~QUiRE SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESHKO KAREN M VS SERVIS GREG ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SERVIS GREG but was unable to locate Him deputized the sheriff of YORK in his bailiwick. County, He therefore Pennsylvania, to serve the within WRIT OF SUMMONS On April 7th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 55.36 .00 92.36 04/07/2003 FARRELL & SMALL R~. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of ~2 ~0~6 A.D. Prothonotary ' SHERIFF'S RETURN CASE NO: 2003-00752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESHKO KAREN M VS SERVIS GREG ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SERVIS JUDY M but was unable to locate Her deputized the sheriff of YORK in his bailiwick. serve the within WRIT OF SUMMONS He therefore County, Pennsylvania, to On April 7th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/07/2003 FARRELL & SMALL So answer, j,~---~ ~/[7~i R./ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~ A.D. ~ ! Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESHKO KAREN M VS SERVIS GREG ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MOORE SANDRA AGENCY ADMINISTRATOR but was unable to locate Her deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On April 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 49.50 .00 74.50 04/07/2003 FARRELL & SMALL R/. ~homas Kline ~' Sheriff of Cumberland County Sworn and subscribed to before me this g ~ day of ~2~_D A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESHKO KAREN M VS SERVIS GREG ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WYNN RICK HUMAN SERVICES DIRECTOR but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On April 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/07/2003 FARRELL & SMALL So answers~- ~. ~-~ ~:~- ~ R~ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~/~ day of ~ ~3 A.D. ! ' Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESHKO KAREN M VS SERVIS GREG ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HASTE JEFFREY COMMISSIONER but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On April 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/07/2003 FARRELL & SMALL R.z Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this q~r day of~ ~OOD A.D. ~ ~ Prothonotary; ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESHKO KAREN M VS SERVIS GREG ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LOWMAN HENRY COMMISSIONER but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On April 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/07/2003 FARRELL & SMALL R. ~homas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this 9~- day of ~b~J ~_~ A.D. ~ t Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LESHKO KAREN M VS SERVIS GREG ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PETRUCCI ANTHONY COMMISSIONER but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On April 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/07/2003 FARRELL & SMALL R. /Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of~ ~Z~.~ A.D. Prothonotary YORKTOWNE BUStNESS FOMRS · (717) 225-0363 · FAx (717) 225-0367 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIF~ 2. COURT NUMBER Karen M. Leshko 03-752 c.~vi ] 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Greg Servis et al Writ of S~¥,,,on.~ SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPE~I Y TO BE LEVIED, ATTACHED, OR SOLD. Greq ~:313~s Serv±$ 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT NO., Cl'l'~, BORO, TWP., STATE AND ZIP CODE) AT 808 Fishinq Cre~k Road New C~nberland, PA 17070 7. INDICATE SERVICE: r~ PERSONAL [3 PERSON IN CHARGE ~PUTIZE t..~,,.~-r¢.~l~ ~ 1ST CLASS MAIL F~ POSTED r~ OTHER NOW Februa~, 26 ,20 03 I, SHERIFF OF ~i~IIe COUNTY, PA, do hereby deputize the sheriff of Yn~'k COUNTY to execute th~~,m~ return thercefi~ording to law. This deputization being made at the request and risk of the plaintiff. _.7 ...¢~ ~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~ ADVANCED FEE PAID BY SHERIFF OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of A~I'ORNEY / ORIGINATOR and SIGNATURE JOSEPH FARRELL 201/203 S. RAILROAD ST. PO BOX 113 PALMYRA, PA 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be ~mplet~ if noti~ is to be mail~). CUMBERLAND CO SHERIFF i0. TELEPHONE NUMBER I 11. DATE FILED 7078 J2-20-03 83R-13R5 SPACE BELOW FOR USE OF THE SHERIFF ~ DO NOT WRi i ~- BELOW THIS LINE 13. l acknowledge receipt of the wdt R. AHRENS 14. DATE RECEIVED I 15. ExpiratioNHeadng Date or complaint as indicated above. / J 2-28-03 ],,, 3-22-03 16. HOWSERVED: PERSONAL( ) RESIDENCE( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER(~' SEE REMARKS BELOW 17. n I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) i~AME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE iF NOT SHOWN ABOVE (Relationship to Defendant) ~ 19 Dhte af S%rvice J 20 Time of Service f2~ ATTEMP Date ']3me Iht Date '~me Mdes Int ~t~ Ti I 11~,.54~,/_.~1 /LI I ~ VlP[/~J Date I! me M es Iht Date ~me Mdes Iht 23. Advance Costs ]24. Se~,eo%O~sI 25. N/F 126. Mileage 127. PostageI 28. Sub Total ~29. Pound 30. Notary 31. Surchg. 132. ,o, CostsJ 33 Costs Due 0tCR~'~d~eck No. 125.00 41. AFFIRMED an~n.~Cls~:[i[:)ed to before,.r~e thi~ 28 J ' ', 46 Sign ureof rk - - ' ~' -- ' Notarial Seal ' ou ' ~ 7 ATE i , me, j City of York, York County, PA ~ My Commission ~pir6s Mar. 2t, 20C5t J 48. Signature ~f Foreign .... /~ ~ ~ ~/~ I -~-~ · : .................. I ~n~S~.,, ~ ~ / I,~. 9ATE 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RE I URN S~GNATURE / OF AUTHORIZED ISSUING AUTHORITY AND TITLE J 51. DATE RECEIVED 1. WHITE - issuing Authority 2. PI NK - Attorney 3. CANARY - Shedff's Office 4. BLUE - Shedffs Office YORKTOWNE BUSINESS FOMRS · (717) 225-0363 · FAX (717) 225-0367 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 3. DEFENDANT/S/ INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY CC~-';~ Kc~ren Mo nesh~o [ 2. COURT NUMBER 03-752 civil Servis 14. TYPE OF WRiT OR COMPLAINT Grea ~ et al Writ of S~mons 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPER i Y TO BE LEVIED, ATTACHED, OR SOLD. Judy M. ~ Servis 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) 808 Fishin~ Creek Road New C~nberland, PA 17070 SERVE { AT 7. INDICATE SERVICE: [] PERSONAL [] PERSON IN CHARGE X~ DEPUTIZE CLEtri~Ig/~EiIRi~L 0 1ST CLASS MAIL F_l POSTED [] OTHER NOW February_ 26 ,20 03 . I, SHERIFF OF ~!~IlliI~'COUNI'Y, PA, do _hereby deputize the sheriff of York -- COUNTY to execute this~r_etu~r.n~.there~rding to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF ~III~U N~~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ON~ APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or a~ching any prope~ under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of A'FFORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED JOSPEH FARRELL PALMYRA, PA 838-1385 2-20-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUNBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRiYE BELOW THIS LINE 13. I acknowledge receipt of the wdt or complaint as indicated above. /AHRENS / 114. DATE RECEIVED 15. Expiration/Hearing Date 2-28-03 3-22-03 16. HOWSERVED: PERSONAL([,,~ RESIDENCE( POSTEL)( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) , 18. NAME AND TITLE OF INDIVIDUAL SF-._RVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) I 1.9. D~te of/~ervice 20. '~me of S rvi . //v/ l , tqn7' 21' AIII-MI~I)I Datel Time~ Int.' Datel q]melMilesl Int I Datel 1]melMilesI I-' I Date ' ]]me ' Miles Iht,' Date' TIl~e~'~'"'/c"~'/~-'Dlate 22. REMARKS: 38. Mileage/Posted/Not Found I 39. Total Costs 33. Cosls Due or Refund ICheckNo. 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me th~ ;)~ 42. day of ~,~,R~H ,20 0343~ Jar~,.~.~ ¥. 'Va', .~,~, N~[~ry PuDIic City of York, York County, PA I My Commission Expire~- Mar. 21, 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE J 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Shedff's Office 4. BLUE - Shedffs Office ]In The Court of Common PLeas of Cumberland CounW, PennsYlvania Karen M. Leshko VS. Gre§ Servis et al SERVE: Sandra Moore Agency Administrator No. 03-752 civil Dauphin' County Children & Youth 25 S. Front St. Harrisbura February 26, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Now~ hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.' Sheriff of Cumberland County, PA Now~ within Affidavit of Service ,20 , at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this _ _ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ]~n The Court of Common Pl~as o'f Cumberland County, PennsYlvania Karen M. Leshko VS. Gre9 Servis et al SERVE: Rick Wynn Human Services Director No. 03-752 civil Now, February 26, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin Col/Ilty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now~ within Affidavit of Service ,20 , at o'clock M. served the upon by handing to a and made known to copy of the original S o answers, the contents thereof. Sworn and subscribed before me this _ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFDAVIT County, PA lin The Court of Common Pleas of Cumberland County, Pennsylvania Karen M. Leshko VS. Gre§ Servis et al SERVE: Jeffrey Haste Com,issioner, Dauphin CountyNO. 03-752 civil Now, February 26, 2003. hereby deputize the Sheriff of ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at flue request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20. , at o'clock M. served the within upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this ~ day of · 2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ]In The Court of Common Pleas Of Cumberland County, PennsYlvania Karen M. Leshko VS. Gre§ Servis et al SERVE: Lo. nan Henry Co~missionew, Dauphin County NO. 03-752 civil Now, February 26, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin Coullty to execute this Writ, this deputation being made at the request and risk of the Plaintiff.' Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contems thereof. Sworn and subscribed before me this ~ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 28, 2003 COMPLAINT MOORE SANDRA to SANDRAMOORE (ADMINISTRATOR) of the original : LESHKO KAREN M vs : HASTE JEFFREY Sheriff's Return No. 0434-T - - -2003 OTHER COUNTY NO. 03 752 at 9:38AMserved the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 25 S FRONT STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 3RD ~of 7CH, PROTHONOTARY 2003 So Answers, Sher' of u h' C unty Pa. By Deputy Sheriff Sheriff's Costs: $49.50 PD 02/27/2003 RCPT NO 175811 HOPKINS Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 28, 2003 COMPLAINT WYNN RICK to ELKE MOYER (OFFICE MGN) of the original : LESHKO KAREN M : HASTE JEFFREY Sheriff's Return No. 0434-T - - -2003 OTHER COUNTY NO. 03 752 at 9:13AMserved the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at 2 S. 2ND STREET HARRISBURG, PA 17101-0000 Sworn and sub~'~ibed to ~;orelme thais 3RD ~ay~ of .MARCH, PROTHONOTARY 2003 So Answers, Sheriff. of Da~3ptlin Cou_nty,~Pa. Deputy Sheriff Sheriff's Costs: $49.50 PD 02/27/2003 RCPT NO 175811 HOPKINS Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 28, 2003 COMPLAINT HASTE JEFFREY to GREG SCHNEIDER (EYE ASST) of the original : LESHKO KAREN M vs : HASTE JEFFREY Sheriff's Return No. 0434-T - - -2003 OTHER COUNTY NO. 03 752 at 9:03AMserved the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the cOntents thereof at 2 S. 2ND STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 3RD day of MARCH, 2003 So Answers, Sheriff of Dau h'n C unty Pa. By Deputy Sheriff Sheriff's Costs: $49.50 PD 02/27/2003 RCPT NO 175811 HOPKINS Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 28, 2003 COMPLAINT HENRY LOWMAN to JANE GORDON (EYE ASST) of the original : LESHKO KAREN M vs : HASTE JEFFREY Sheriff's Return No. 0434-T - -2003 OTHER COUNTY NO. 03 752 at 2:48PM served the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at 2 S. 2ND STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 3RD da~ MARCH, 2003 ! PROTHONOTARY So Answers, Sheri~ff of Dauphin Cgunty~ Pa. By Deputy Sheriff Sheriff's Costs: $49.50 PD 02/27/2003 RCPT NO 175811 HOPKINS Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 28, 2003 COMPLAINT PETRUCCI ANTHONY to KACEY TRUAT (EYE ASST) of the oriHina1 : LESHKO KAREN M vs : HASTE JEFFREY Sheriff's Return No. 0434-T - - -2003 OTHER COUNTY NO. 03 752 at 9:08AMserved the within upon by personally handinH 1 true attested copy(ies) COMPLAINT and makinH known to him/her the contents thereof at 2 S. 2ND STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 3RD day of MARCH, 2003 , PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs: $49.50 PD 02/27/2003 RCPT NO 175811 HOPKINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN M. LESHKO, Plaintiff : V. : : GREG SERVIS and JUDY M. SERVIS : Individually; and DAUPHIN : COUNTY SOCIAL SERVICES FOR : CHILDREN AND YOUTH by and : through SANDRA MOORE, Agency : Administrator; and DAUPHIN : COUNTY by and through RICK : WYNN, Human Services Director, : and JEFFREY HASTE, LOWMAN : HENRY AND ANTHONY PETRUCCI, : its Commissioners : Defendants No. 03-752 Civil 2003 CIVIL ACTION - LAW JURY TRIAL DEMANDED ~OTICE 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 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 claims 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 T~ OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP: THE LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 JOSEPH'. FARRELL, ESQUIRE--------- 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078-0113 Telephone: (717) 838-1385 Lawyer I. D. #20694 FARRELLAND SMALL Attorney for PLAINTIFF COMPLAINT AND NOW, comes Karen M. Leshko, Plaintiff, by and through her counsel, Farrell and Small, and asserts a claim based on the following: 1. The PLAINTIFF is Karen M. Leshko, an adult individual who resides at 171 Steve's Lane, Elizabethville, Pennsylvania, 17023, (hereinafter referred to as "PLAINTIFF"). 2. The DEFENDANTS are: GREG SERVIS and/or JUDY SERVIS, his wife, of 808 Fishing Creek Road, New Cumberland, Pennsylvania, 17070, formerly of 4903 Sugar Creek Lane, Mechanicsburg, Pennsylvania (hereinafter referred to as "DEFENDANT(S) SERVIS- or DEFENDANT GREG SERVIS or DEFENDANT JUDY SERVIS), Individually and/or as representatives, employees, servants and/or agents of Dauphin County Social Services For C o Children and Youth and of Dauphin County, Pennsylvania; DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH is an agency of Dauphin County, Pennsylvania, with its principal place of business located at 25 South Front Street, Harrisburg, Pennsylvania, 17101, by and through Sandra Moore, Agency Director; Individually and/or by means of its representative(s), employee(s), servant(s), and/or agent(s), including DEFENDANT(S) SERVIS, and as representative, employee, servant, and/or agent of Dauphin County, Pennsylvania (hereinafter referred to as "DEFENDANT CHILDREN and YOUTH"; and DAUPHIN COUNTY, PENNSYLVANIA, is a political subdivision of the Commonwealth of Pennsylvania, with its principal place of business located at 2 South Second Street, Harrisburg, Pennsylvania, 17101, by and through RICK WYNN, its Human Services 4 Director and JEFFREY HASTE, LOWMAN HENRY and ANTHONY PETRUCCI, its Commissioners by means of its servant(s), representative(s), employee(s) and/or agent(s), DEFENDANT(S) SERVIS and/or DEFENDANT CHILDREN AND YOUTH (hereinafter referred to as "DEFENDANT COUNTY-). 3. The cause of action stems from an incident which occurred on or about November 19, 1985 at the (then) residence of the DEFENDANT(S) SERVIS, 4903 Sugar Creek Lane, Mechanicsburg, Pennsylvania, during (it is believed and therefore averred) the afternoon hours. 4. At some time prior to November 19, 1985 PLAINTIFF was removed from the custody and care of her natural mother, GINA MIDDAUGH, by or through the auspices of DEFENDANT CHILDREN AND YOUTH, which established a unique or special custodial relationship between it and PLAINTIFF, requiring its protection of PLAINTIFF,S safety, welfare and maintenance, as well as an affirmative duty to protect her from harm. 5. At some time prior to November 19, 1985, DEFENDANTS SERVIS in undertaking the care of PLAINTIFF accepted an obligation and duty to protect PLAINTIFF from harm. 6. At the aforesaid date, place and time, the DEFENDANT(S) SERVIS were approved/authorized foster parents/care providers for DEFENDANT CHILDREN AND YOUTH and/or DEFENDANT COUNTY from which they received direction, supervision, control and/or regulation; and from or through which they received financial compensation. 7. At the aforesaid date, place and time, the PLAINTIFF was in the physical custody, care and control of DEFENDANT(S) SERVIS, having been so placed or located by DEFENDANT CHILDREN AND YOUTH, WHICH (ITSELF OR AS AGENT FOR for DEFENDANT COUNTY) had legal custody, care, supervision and control of PLAINTIFF. 8. At the aforesaid date, place and time, some two and one-half (2 ~) years of age and incident) was a healthy and active child. PLAINTIFF was (prior to the 9. At the aforesaid date, place and time, it is believed and 6 therefore averred, as follows: a. PLAINTIFF was put into a~ kitchen bo C o do sink by the DEFENDANT, JUDY SERVIS, for purposes of cleansing her lower abdomen/genital/rectal area; DEFENDANT JUDY SERVIS, before or after putting PLAINTIFF into the sink, placed a 1-2 gallon pot of exceedingly hot water upon the counter alongside the PLAINTIFF; DEFENDANT JUDY SERVIS departed the kitchen to retrieve/procure some item, leaving PLAINTIFF unattended; PLAINTIFF dumped or pulled over upon herself the water content of the pot; e. PLAINTIFF was seriously scalded, receiving first through fourth degree burn injuries about her lower abdominal, vaginal, rectal and upper leg areas by coming into contact with the hot water from the pot. 10. The DEFENDANT JUDY SERVIS and/or DEFENDANT GREG SERVIS did not seek and/or procure medical treatment for PLAINTIFF until some 12-24 hours, or later, after the incident. 7 11. PLAINTIFF,S scalding injuries were the actual, direct and proximate result of negligence on the part of the DEFENDANT JUDY SERVIS, while acting in her foster parent care provider capacity, as more particularly set forth below. 12. As a result of the DEFENDANT(S) SERVIS' negligence, PLAINTIFF sustained serious and extremely painful physical injuries to her body's abdomen, vaginal, rectal and lower extremities and psychological injuries, some or all of which are permanent in nature. 13. As a result of the DEFENDANT(S) SERVIS, negligence the PLAINTIFF incurred physician, hospital, physical and psychological therapy and prescription expenses for her medical and emotional care and treatment from the time of the incident to the present and reasonably anticipated to continue into the indefinite future. 14. As a result of the DEFENDANT(S) SERVIS' negligence, the PLAINTIFF has suffered permanent scarring, disfigurement, humiliation, loss of life's pleasures, pain and suffering, from the time of the incident to the present, reasonably anticipated to continue into the indefinite future. COUNT AS TO THE DEFENDANT GREG and or JUDY M. SERVIS 15. The assertions set forth in paragraphs 1 through 14 are incorporated herein as if textually set forth in their entire~as paragraph 15. 16. The negligence of the DEFENDANT(S) SERVIS, acting individually and acting in the scope of their authority as foster parents and physical custodians of PLAINTIFF include the following: a. Failure to assure the safety and well-being of the PLAINTIFF; b. Placing a 1-2 gallon pot of high temperatured water in the immediately adjacent proximity of the PLAINTIFF, then a two and one-half (2 ~) year old highly active child while sitting in the sink; c. Leaving PLAINTIFF unattended in the sink next to the water pot, while departing the room; 9 do e o f o Failing to adequately treat and/or to immediate or sooner than 16-24 hour attention to PLAINTIFF'S injuries; Failing to protect PLAINTIFF from harm as a result of the special relationship they entered into with her by and through DEFENDANT CHILDRENAND YOUTH; Such other acts of omission or commission as may be determined before trial as the result of discovery or otherwise. procure medical 17. Additionally, and or in the ALTERNATIVE, as a direct and proximate result of the aforesaid conduct of DEFENDANTS SERVIS, PLAINTIFF suffered a deprivation of her rights guaranteed by the Constitution of the United States and secured by the laws of the United States (including but not limited to 42 USC Section 1983) which includes a right to be free from physical harm in violation of the Fourteenth Amendment and of those rights secured through the Fourteenth Amendment and other provisions of the Constitution of the United States. l0 18. As a direct and proximate result of the aforesaid conduct of the DEFENDANT SERVIS, PLAINTIFF was caused to suffer a deprivation of rights guaranteed her by the Constitution of the Commonwealth of Pennsylvania including but not limited to her rights to be free from physical harm in violation of Article I, Sections 1, 9 and 26 of the Constitution of the Commonwealth of Pennsylvania. WHEREFORE, PLAINTIFF KAREN LESHKO demands judgment against the DEFENDANTS, GREG SERVIS and/or JUDY M. SERVIS in an amount in excess of $25,000.00 and in excess of the compulsory arbitration limits together with interest, costs, damages for delay, expenses and statutory attorneys fees as provided by 42 USC Section 1988 and any other costs, fees and expenses deemed proper. COUNT II AS TO THE DEFENDANTS DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND Y_OUTH 19. The assertions set forth in paragraphs 1 through 19 are incorporated herein as if textually set forth in their entirety, as paragraph 20. 20. The negligent action(s) of omission and/or commission by or of the DEFENDANTS SERVIS is/are imputed to be those of their principal DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH and/or in the ALTERNATIVE, as arising from or during a special custodial relationship between PLAINTIFF and DEFENDANT CHILDREN AND YOUTH created through DEFENDANT SERVIS as custodians of PLAINTIFF for which DEFENDANT CHILDREN AND YOUTH is legally responsible for PLAINTIFF'S care, safety and welfare. 21. Additionally, and or in the alternative, as a direct and proximate result of the aforesaid conduct of DEFENDANTS SERVIS, PLAINTIFF suffered a deprivation of her rights guaranteed by the 12 Constitution of the United States and secured by the laws of the United States (including but not limited to 42 USC Section 1983) which includes a right to be free from physical harm in violation of the Fourteenth Amendment and of those rights secured through the Fourteenth Amendment and other provisions of the Constitution of the United States 22. As a direct and proximate result of the aforesaid conduct of the DEFENDANTS SERVIS, and DEFENDANT CHILDREN AND YOUTH, PLAINTIFF was caused to suffer a deprivation of rights guaranteed her by the Constitution of the Commonwealth of Pennsylvania including but not limited to her rights to be free from physical harm in violation of Article I, Sections 1, 9 and 26 of the Constitution of the Commonwealth of Pennsylvania. WHEREFORE, PLAINTIFF KAREN LESHKO demands judgment against the DEFENDANT DAUPHIN COUNTY CHILDREN AND YOUTH in an amount in excess of $25,000.00 and in excess of the compulsory arbitration limits together with costs, damages for delay, expenses and statutory 13 attorneys fees as provided by 42 USC Section 1988 and other costs, fees and expenses as deemed reasonable. COUNT III AS TO THE DEFENDANT DAUPHIN COUNTY 23. The assertions set forth in paragraph 1 through 22 are incorporated herein, as if textually set forth in their entirety as paragraph 23. 24. The negligent action(s) of omission and/or commission by or of the DEFENDANTS SERVIS and DEFENDANTS CHILDREN AND YOUTH are imputed to be those of their principal DEFENDANT DAUPHIN COUNTY and/or in the ALTERNATIVE, as arising from or during a special custodial relationship between PLAINTIFF and DEFENDANT CHILDRENAND YOUTH/~reated''through DEFENDANT SERVIS as custodians of PLAINTIFF for which DEFENDANT COUNTY is legally responsible for PLAINTIFF'S care, safety and welfare. 25. Additionally, and or in the alternative, as a direct and proximate result of the aforesaid conduct of DEFENDANTS SERVIS and DEFENDANT CHILDREN AND YOUTH~ PLAINTIFF suffered a deprivation of 14 her rights guaranteed by the Constitution of the United States and secured by the laws of the United States (including but not limited to 42 USC Section 1983) which includes a right to be free from physical harm in violation of the Fourteenth Amendment and of those rights secured through the Fourteenth Amendment and other provisions of the Constitution of the United States 26. As a direct and proximate result of the aforesaid conduct of the DEFENDANTS SERVIS, and DEFENDANT CHILDREN AND YOUTH, PLAINTIFF was caused to suffer a deprivation of rights guaranteed her by the Constitution of the Commonwealth of Pennsylvania including but not limited to her rights to be free from physical harm in violation of Article I, Sections 1, 9 and 26 of the Constitution of the Commonwealth of Pennsylvania. WHEREFORE, PLAINTIFF KAREN LESHKO demands judgment against the DEFENDANT DAUPHIN COUNTY in an amount in excess of $25,000.00 and in excess of the compulsory arbitration limits together with costs, damages for delay, expenses and statutory attorneys fees as provided by 42 USC Section 1988 and other costs, fees and expenses as deemed reasonable. Date: 04/25/03 JOSEPH ]~-~RE~,L, ESQUIRE' .... Attorney I.D. 20694 201/203 South Railroad Street P.O. Box 113 Palmyra, PA 17078-0113 717/838-1385 16 VERIFICATION I verify that the statements made in the foregoing COMPLAINT are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: April 25, 2003 K~d~,N M. L~KO 17 CERTIFICATE OF S~VIC~ I, JOSEPH M. FARRELL, ESQUIRE, do certify that on April 25, 2003, I served the COMPLAINT on the following person by depositing same in the United States Mail, 1st Class postage prepaid, as follows: Andrea L. Bennett, Esquire Devlin & Devine 100 West Elm Street, Suite 200 Conshohocken, PA 19428 Attorney for DEFENDANTS: DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH and DAUPHIN COUNTY, PENNSYLVANIA and GREG SERVIS and JUDY M. SERVIS 808 Fishing Creek Road New Cumberland PA 17070 Date: April 25, 2003 OSEPH Ivy. ~ARRELL, ESQUIRE Page 1 of 4 ,llOW= covet nor supplement thc filing and service of pleadings as required by law, except as provided by local roles of court This form, approved by the Judicial Conference of the United States in September i 974, is required for the usc of the Clerk of Court for thc purpose of initiating the civil docket sheet. SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) Leshko Cumberland County (~c~tiN U.S. pn~INm~CAS~) ]1 a~u.DEFENDANTS hi__n. ~0unty Social Services for. ~a~d Youth, et a ico~ of ~sid~ omm u,t~ (IN U.S. PL.AIN'I ~P CAS~ ONLY) 201/203 South Railroad St., P. Palmyra, PA 17078 - (717)-838-1385 ) AKom~'s (Fi~ N~e. Address, and Tel~h~e Nm~r) BASIS OF JURISDICTION (Place an 'X' ia One Box Only) :hildren 0. Box 113 ~m [LAND INVOLVED. I ~ Andrea L. Bennet_t=,=Es_~e,vl,in , · and Devine~ Suite 200~ 100 West ~:Am co,msnonocmer, [1111. CITIZENSHIP OF PRINCIPAL PARTIES(Pla~ an'x' ia One Bo~ [ PA 1942 ~ 10:or Oivetsity Ca~ C~ly) land One Sox t~ De~endant) ~ I o~FI I°E~ I [IV. NATURE OF SUIT (Place an "X" in One Box Only) ICitiz~n of Another State [~ I Ilnc°qx)rated or Pnncipal [of Business ia This State f'~-I' .I~ I~¢onx~ted,~,dPnmpalI [] Iof ~us~ess In Another State ICiuzen or Subject ot'a I [] 13 IForei~n NauonI [] ~ I CONTRACT Il TORTS I[PERSONAL 1I ~IJURY ,310 Airplane ~15 Airplane 130 Miller Act Product 140 Negotiable iasttumem Liability I ~0 Recovery of 320 Assault. Libel" & Enforcement of Judgment ;lander .330 Federal 151 Medicare Act Employers' Liability 110 Insurance 120 Manne [152 Recovery of Defaulted Student Loans 140 Marine 345 Manne · Pteduct ICExcl. Veterans) ILiability [1}~ Recovery of Overpayment of Veteran's Benefits Motor Vehicle 350 PERSONAL INJURY ?,62 Personal Injmy- Med. Malpractice 365 Personal Injury - Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ?,70 Other Fraud 371 Tm~ in Lending~ ~80 Other Personal I FORFEITURE/PENALTY 610 Agriculture 620 Other Food & Drag 625 Drug Related eizure of Property 21 USC 530 Liquor Laws 540 IC1C & Truck $50 Airline Regs. 660 OccupaUonal Safety/HeaJ,h 690 Other LABOR BANKRUPTCY ] OTHER STATUTES 422 Appeal 28 I 1400 State USC 158 I [Reapportionment 423 Withdrawal ]28 USC t57 PROPERTY RIGHTS 1820 c°pyfights [830 Patent [840 Trademark SOCIAL SECURITY [410 Antitrust 450 Commerc~lCC Rates/etc. ~,60 Deportation ~,70 Racketeer Influenced and Corrupt Organizations 810 Selective Service 850 Securitien/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 Page 2 of 4 REAL PROPERTY 355 Mo~oe Vehicle CIVIL RIGHTS 210 Land Condemnation [ 1441 Votin$ I V.O~G~ S30 General ] 535 Death Penal~ ] 540 Mandamus & I 550 Civil Rights 555 P'nson Condition] 710 Fair ~b~ Stsndards 720 LaborfMgmc Relations 173o ] [Labot/MgmtRelXnxing & Di~lo~m'~ Act [,40 ~z~y t~or A~ i 862 BIn~k Lung II(PLACEAN"X"~ ONE BOX ONL~ '[g65 P. SI (40S(I)) FED£RAL TAX SUITS [870 Taxes (U.S. I I* o~o,- IPlaindff ] ISecurity Act I 126 USC '/609 Transferred from another district 891 Agricultural Am 892 Ec~omic Stabilization A~t 893 Environmental ~94 Energy Allocation 195 Freedom of II~fomaafion A~ 900 ^pl~ of Fee Under Equal Access to 950 ¢on~itutionality of IState Statuteq 890 Other Statuto~T Actions Judge from Il( Cite the U.s. CiVil Statute under which you are filing and write brief statement or- cause. VI. CAUSE OF ACTION lido not cite jUnsdionm~a~ statutes unless diversity.) VII. REQUESTED IN Vlll. RELATED CASE(S) IFANY FOR OmC'E6S - OnLY RECEIPT #[ i CHECK YES only if demanded in [CHECK iF THIS IS A CLASS ACTION [DEMAND $ [complnlnt: __ · JURY . - I L I I IS 44 Revere (Rev. 12/96) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44 Authority For Civil Cover Sheet The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil.cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete thc form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a ~ovcrnment agency, usc only the full name or standard abbreviations. If thc plaintiff or defendant is an official within a government sgcncy, identify first thc agency and then thc official, giving both name and title. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF I~ENNSYLVANIA KAREN M. LESHKO 171 Steve's Lane Elizabethville, PA 17023 Plaintiff VS. GREG SERVIS and JUDY M. SERVIS 808 Fishing Creek Road New Cumberland, PA 17070 And DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH 25 SOUTH FRONT STREET HARRISBURG, PA 17101 And SANDRA MOORE Agency Director DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH 25 SOUTH FRONT STREET HARRISBURG, PA 17101 And DAUPHIN COUNTY, RICK WYNN, its Human Services Director, JEFFREY HASTE, LOWMAN HENRY a~ld ANTHONY PETRUCCI, its Commissioners 2 SOUTH SECOND STREET : HARRISBURG, PA 17101 : Defendants : NOTICE OF REMOVAL TO THE CLERK OF COURTS: Defendants, Dauphin County Social Services for Children and Youth, Sandra Moore, Dauphin County, Rick Wynn, Jeffrey Haste, Lowman Henry and Anthony Petrucci, by and through their counsel, Andrea L. Bennett, Esquire of the law firm of Devlin and Devine hereby files this Notice of Removal pursuant to 28 U.S.C. § 1441 and states as follows: 1. The above-captioned action was filed in the Court of Common Pleas of Cumberland County, Pennsylvania on or about April 25, 2003. (See Complaint attached hereto as Exhibit "A"). 2. The case is currently docketed in the Court of Common Pleas of Cumberland County under docket number 03-752- Civil 2003. 3. Plaintiff alleges violations of the provisions of the Fourteenth Amendment of the United States Constitution. (Exhibit "A" of Plaintiff's Complaint). 5. As the United States District Court for the Middle District of Pennsylvania has original jurisdiction over cases founded on a claim or right arising under the Constitution, treaties of laws of the United States, it is removable without regard to citizenship or residence of the parties. 28 U.S.C. §1441. Date: DEVLIN"~EVINE Z",~~ 7~xlDREA L. BENNETT, ESQUIRE Attorney for Defendants Dauphin County Social Services for Children and Youth, et al. Attorney ID#: 74991 100 West Elm Street, Suite 200 Conshohocken, PA 19428 (610)-397-4605 CERTIFICATE OF SERVICE ANDREA L. BENNETT, ESQUIRE, attorney for Defendants hereby certifies that she caused a copy of the within document to be served, upon the parties named below by United States, first-class mail, postage prepaid on Mayo,~,, 2003-: Joseph M. Farrell, Esquire Farrell & Small 201/203 S. Railroad Street P. O. Box 113 Palmyra, PA 17078 Greg and Judy Servis 808 Fishing Creek Road New Cumberland, PA 17070 DEVLIN &.DEVINE /2 ~ VANDREA L. BENNETT, ESQUIRE Attorney for Defendants Dauphin County Social Services for Children and Youth, et al. Attorney ID#: 74991 100 West Elm Street, Suite 200 Conshohocken, PA 19428 (610)-397-4605 EXHIBIT "A " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN M. LESHKO, Plaintiff V. GREG SERVIS and JUDY M. SERVIS Individually; and DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH by and through SANDRAMOORE, Agency Administrator; and DAUPHIN COUNTY by and through RICK WYNN, Human Services Director, and JEFFREY HASTE, LOWMAN HENRY AND ANTHONY PETRUCCI, its Commissioners Defendants No. 03-752 Civil 2003 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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 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 claims or relief requested by the PLAINTIFF. You may lose money or property or othe~ 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 WHERE YOU CAN GET LEGAL HELP: THE LAWYER REFERRAL SERVICE OF THE .CUMBERLAND COUNTY BAR ASSOCIATIO~ 32 S. Bedford Street Carlisle, Pennsylvania 17013 ~ - 717-249-3166 JOSEPH'. FARRELL, ESQUIRE 201/203 South Railroad Street P. O. Box 113 Palmyra, PA 17078-0113 Telephone: (717) 838-1385 Lawyer I. D. #20694 FARRELL AND SMALL Attorney for PLAINTIFF COMPLAINT AND NOW, comes Karen M. Leshko, Plaintiff, by and through her counsel, Farrell and Small, and asserts a claim based on the following: 1. The PLAINTIFF is Karen M. Leshko, an adult individual who resides at 171 Steve's Lane, Elizabethville, Pennsylvania, 17023, (hereinafter referred to as ~PLAINTIFF"). 2. The DEFENDANTS are: . a. GREG SERVIS and/or JUDY SERVIS, his wife, of r808 Fishing Creek Road, New Cumberland, Pennsylvania, 17070, formerly of 4903 Sugar Creek Lane, Mechanicsburg, Pennsylvania (hereinafter referred to as "DEFENDANT(S) SERVIS" or DEFENDANT GREG SERVIS or DEFENDANT JUDY SERVIS), Individually and/or as representatives, employees, servants a~d/or agents of Dauphin County Social Services For 3 bo C o YoUth Children and and of Dauphin County, Pennsylvania; DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH is an agency of Dauphin County, Pennsylvania, with its principal place of business located at 25 South Front Street, Harrisburg, Pennsylvania, 17101, by and through Sandra Moore, Agency Director; Individually and/or by means of its representative(s), employee(s) , servant(s), and/or agent (s) , including DEFENDANT (S) SERVIS, and as representative, employee, servant, and/or agent of Dauphin County, Pennsylvania (hereinafter referred to as "DEFENDANT CHILDREN and YOUTH"; and DAUPHIN COUNTY, PENNSYLVANIA, is a political subdivision of the Commonwealth of Pennsylvania, with its principal place of business located at 2 S~uth Second Street, Harrisburg, Pennsylvania, 17101, by and through RICK WYNN, its Human Services 4 Director and JEFFREY HASTE, LOWMAN HENRY and ANTHONY PETRUCCI, its Commissioners by means of its servant(s), representative(s), employee(s) and/or a§ent(s), DEFENDANT(S) SERVIS and/or DEFENDANT CHILDREN AND YOUTH (hereinafter referred to as "DEFENDANT COUNTY"). 3. The cause of action stems from an incident which occurred on or about November 19, 1985 at the (then) residence of the DEFENDANT(S) SERVIS, 4903 Sugar Creek Lane, Mechanicsburg, Pennsylvania, during (it is believed and therefore averred) the afternoon hours. 4. At some time prior to November 19, 1985 PLAINTI?F~ was removed from the custody and care of her natural mother, GINA MIDDAUGH, by or through the auspices of DEFENDANT CHILDREN AND YOUTH, which established a unique or special custodial relationship between it and PLAINTIFF, requiring its protection of PLAINTIFF'S safety, welfare a~d maintenance, as well as an affirmative duty to protect her from harm. therefore averred, as follows: a. PLAINTIFF was put into a ~m~- kitchen sink by the DEFENDANT, JUDY SERVIS, for purposes of cleansing her lower abdomen/genital rectal area; 'b. DEFENDANT JUDY SERVIS, before or after putting PLAINTIFF into the sink, placed a 1-2 gallon pot of exceedingly hot water upon the counter alongside the PLAINTIFF; c. DEFENDANT JUDY SERVIS departed the kitchen to retrieve/procure some item, leaving PLAINTIFF unattended; d. PLAINTIFF dumped or pulled over upon herself the water content of the pot; e. PLAINTIFF was seriously scalded, receiving first through fourth degree burn injuries about her lower abdominal, vaginal, rectal and upper leg areas by coming into contact with the hot water from the pot. '10. The DEFENDANT JUDY SERVIS and/or DEFENDANT GREG SERVIS did not seek and/gr procure medical treatment for PLAINTIFF until some 12-24 hours, or later, after the incident. 5. At some time prior to November 19, 1985, DEFENDANTS SERVIS in undertaking the care of PLAINTIFF accepted an obligation and duty to protect PLAINTIFF from harm. 6. At the aforesaid date, place and time, the DEFENDANT(S) SERVIS were approved/authorized foster parents/care providers for DEFENDANT CHILDREN AND YOUTH and/or DEFENDANT COUNTY from which they received direction, supervision, control and/or regulation; and from or through which they received financial compensation. 7. At the aforesaid date, place and time, the PLAINTIFF was in the physical custody, care and control of DEFENDANT(S) SERVIS, having been so placed or located by DEFENDANT CHILDREN AND YOUTH, WHICH (ITSELF OR AS AGENT FCL ....... :-~ ': .... = ..... for DEFENDANT COUNTY) had legal custody, care, supervision and control of PLAINTIFF. 8. At the aforesaid date, place and time, PLAINTIFF was some two and one-half (2 ½) years of age and (prior to the incident) was a h~althy and active child. 9. At the aforesaid date, place and time, it is believed and 11. PLAINTIFF'S scalding injuries were the actual, direct and proximate result of negligence on the part of the DEFENDANT JUDY SERVIS, while acting in her foster parent care provider capacity, as more particularly set forth below. °12. As a result of the DEFENDANT(S) SERVIS' negligence, PLAINTIFF sustained serious and extremely painful physical injuries to her body's abdomen, vaginal, rectal and lower extremities and psychological injuries, some or all of which are permanent in nature. 13. As a result of the DEFENDANT(S) SERVIS' negligence the PLAINTIFF incurred physician, hospital, physical and psychological therapy and prescription expenses for her medical and emQt~_onal care and treatment from the time of the incident to the present and reasonably anticipated to continue into the indefinite future. 14. As a result of the DEFENDANT(S) SERVIS' negligence, the PLAINTIFF has suffered permanent scarring, disfigurement, humiliation, los~of life's pleasures, pain and suffering, from the~ time of the incident to the present, reasonably anticipated to continue into the indefinite future. COUNT I AS TO THE DEFENDANT GREG and/or JUDY M. SERVIS '15. The assertions set forth in paragraphs 1 through 14 are incorporated herein as if textually set forth in their entirety as paragraph 15. 16. The negligence of the DEFENDANT ( S ) SERVIS, acting individually and acting in the scope of their authority as foster parents and physical custodians of PLAINTIFF include the following: a. Failure to assure the safety and well-being of the PLAINTIFF; . .__._ b. Placing a 1-2 gallon pot of high temperatured water in the immediately adjacent proximity of the PLAINTIFF, then a two and one-half (2 ~) year old highly active child while sitting in the sink; c. Le.aving PLAINTIFF unattended in the sink next to the water pot, while departing the room; 9 adequately treat d. Failing to and/or to procure immediate or sooner than 16-24 hour medical attention to PLAINTIFF'S injuries; e. Failing to protect PLAINTIFF from harm as a result of the special relationship they entered into with her by and through DEFENDANT CHILDREN AND YOUTH; f. Such other acts of omission or commission as may be determined before trial as the result of discovery or otherwise. 17. Additionally, and or in the ALTERNATIVE, as a direct and proximate result of the aforesaid conduct of DEFENDANTS SERVIS, PLAINTIFF suffered a deprivation of her rights guaranteed ~_the Constitution of the United States and secured by the laws of the United States (including but not limited to 42 USC Section 1983) which includes a right to be free from physical harm in violation of the Fourteenth Amendment and of those rights secured through the Fourteenth Amendment and other provisions of the Constitution of the United States. l0 18. As a direct and proximate result of the aforesaid conduct of the DEFENDANT SERVIS, PLAINTIFF was caused to suffer a deprivation of rights guaranteed her by the Constitution of the Commonwealth of Pennsylvania including but not limited to her rights to be free from physical harm in violation of Article I, Sections 1, 9 and 26 of the Constitution of the Commonwealth of Pennsylvania. WHEREFORE, PLAINTIFF KAREN LESHKO demands judgment against the DEFENDANTS, GREG SERVIS and/or JUDY M. SERVIS in an amo~n~ in excess of $25,000.00 and in excess of the compulsory arbitration limits together with interest, costs, damages for delay, expenses and statutory attorneys fees as provided by 42 USC Section 1988 and any other costs, fees and expenses deemed proper. COUNT II AS TO THE DEFENDANTS DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH '19. The assertions set forth in paragraphs 1 through 19 are incorporated herein as if textually set forth in their entirety, as paragraph 20. 20. The negligent action(s) of omission and/or commission by or of the DEFENDANTS SERVIS is/are imputed to be those of their principal DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH and/or in the ALTERNATIVE, as arising from or during a special custodial relationship between PLAINTIFF and DEFENDANT CHILDREN AND YOUTH created through DEFENDANT SERVIS as custodians of PLAINTIFF for which DEFENDANT CHILDREN AND YOUTH is legally responsible for PLAINTIFF'S care, safety and welfare. 21. Additionally, and or in the alternative, as a direct and proximate result of the aforesaid conduct of DEFENDANTS SERVIS, PLAINTIFF suffered a deprivation of her rights guaranteed by the 12 Constitution of the United States' and secured by the laws of the United States (including but not limited to 42 USC Section 1983) which includes a right to be free from physical harm in violation of the Fourteenth Amendment and of those rights secured through the Fourteenth Amendment and other provisions of the Constitution of the United States 22. As a direct and proximate result of the aforesaid conduct of the DEFENDANTS SERVIS, and DEFENDANT CHILDREN AND YOUTH, PLAINTIFF was caused to suffer a deprivation of rights guaranteed her by the Constitution of the Commonwealth of Pennsylvania including but not limited to her rights to be free from physical harm in violation of Article I, Sections 1, 9 and 26 Qf~the Constitution of the Commonwealth of Pennsylvania. WHEREFORE, PLAINTIFF KAREN LESHKO demands judgment against the DEFENDANT DAUPHIN COUNTY CHILDREN AND YOUTH in an amount in excess of $25,000.00 and in excess of the compulsory arbitration limits together with costs, damages for delay, expenses and .statutory 13 attorneys fees as provided by 42 USC Section 1988 and other'costs, fees and expenses as deemed reasonable. COUNT III AS TO THE DEFENDANT DAUPHIN COUNTY '23. The assertions set forth in paragraph 1 through 22 are incorporated herein, as if textually set forth in their entirety as paragraph 23. 24. The negligent action(s) of omission and/or commission by or of the DEFENDANTS SERVIS and DEFENDANTS CHILDREN AND YOUTH are imputed to be those of their principal DEFENDANT DAUPHIN COUNTY and/or in the ALTERNATIVE, as arising from or during a special custodial relationship between PLAINTIFF and DEFENDANT CHILD~E~AND YOUT~created through DEFENDANT SERVIS as custodians of PLAINTIFF for which DEFENDANT COUNTY is legally responsible for PLAINTIFF'S care, safety and welfare. 25. Additionally, and or in the alternative, as a direct and proximate result of the aforesaid conduct of DEFENDANTS SERVIS and DEFENDANT CHILDREN AND YOUTH~ PLAINTIFF suffered a deprivation of |4 her rights guaranteed by the Constitution of the United States and secured by the laws of the United States (including but not limited to 42 USC Section 1983) which includes a right to be free from physical harm in violation of the Fourteenth Amendment and of those rights secured through the Fourteenth Amendment and other provisions of the Constitution of the United States 26. of the DEFENDANTS SERVIS, and DEFENDANT CHILDREN AND YOUTH, PLAINTIFF was caused to suffer a deprivation of rights guaranteed her by the Constitution of the Commonwealth of Pennsylvania including but not limited to her rights to be free from physical harm in violation of Article I, Sections 1, 9 and 26 of the Constitution of the Commonwealth of Pennsylvania. As a direct and proximate result of the aforesaid conduct WHEREFORE, PLAINTIFF KAREN LESHKO demands judgment against the DEFENDANT DAUPHIN COUNTY in an amount in excess of $25,000.00 and in excess of the compulsory arbitration limits together with costs, damages for delay, expenses and statutory attorneys fees as provided by 42 USC Section 1988 and other costs, fees and expenses as deemed reasonable. Date: 04/25/03 Attorney I.D. 20694 201/203 South Railroad Street P.O. Box 113 Palmyra, PA 17078-0113 717/838-1385 - 16 VERIFICATION I verify that the statements made in the foregoing COMPLAINT are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~ Dated: April 25, 2003 17 CERTIFICATE OF SERVICE I, JOSEPH M. FARRELL, ESQUIRE, do certify that on April 25, 2003, I served the COMPLAINT on the following person by depositing same in the United States Mail, 1st Class postage prepaid, as follows: Andrea L. Bennett, Esquire Devlin & Devine 100 West Elm Street, Suite 200 Conshohocken, PA 19428 Attorney for DEFENDANTS: DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH and DAUPHIN COUNTY, PENNSYLVANIA and ~ - GREG SERVIS and JUDY M. SERVIS 808 Fishing Creek Road New Cumberland PA 17070 Date: April 25, 2003 JOSEPH Mt ~ARRELL, ESQUIRE