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HomeMy WebLinkAbout09-4242VINCENT V. HAYMAN and DENISE HAYMAN, Plaintiffs V. BOROUGH OF SHIPPENSBURG, DAVID HERB, individually and in his Capacity as a Police Officer of the Commonwealth of Pennsylvania, and BRAD GOYT, individually and in his Capacity as a Police Officer of the Commonwealth of Pennsylvania, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - 05 y_ ya c r,, :I Icrn1 JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland. Date: June 23, 2009 To The Above Named Defendants: Borough of Shippensburg 60 West Burd Street Shippensburg, PA 17257 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 WRIT OF SUMMONS David Herb 60 West Burd Street Shippensburg, PA 17257 Brad Goyt 60 West Burd Street Shippensburg, PA 17257 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF'S HAVE COMMENCED AN ACTION AGAINST YOU. c? /s/ dex?r o? Prothonotary Date: 2 3, a 00> By: ,a- Depu DY rhov qtr T}-?` , .. 21,110 9 `°:.. 23°3 s'v P °? a r ?k* Syf/ 7 ?7?--?70'?y Sheriffs Office of Cumberland County R Thomas Kline „s cf ?un?? Edward L Schorpp Sheriff t't? Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant Vincent V. Hayman vs. Case Number Brad Goyt 2009-4242 SHERIFF'S RETURN OF SERVICE 06/25/2009 06:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1800 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Brad Goyt, by making known unto Fred Scott, Chief of Police: at 60 West Burd Street Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. 06/25/2009 06:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1800 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: David Herb, by making known unto Fred Scott, Chief of Police at 60 West Burd Street Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. 06/25/2009 06:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1800 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Borough of Shippensburg, by making known unto Fred Scott, Chief of Police at 60 West Burd Street Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $78.44 SO ANSWERS, June 26, 2009 R THOMAS KLINE, SHERIFF 7 Deputy Sheriff co WILLIAM J. FERREN & ASSOCIATES BY: Christine E. Munion, Esquire Attorney I.D. No. 72724 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1731 ttorney for Defendants IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Vincent V. Hayman and Denise Hayman Plaintiffs V. Borough of Shippensburg, David Herb, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania, and Brad Goyt, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania Defendants ivil Action - Law o.: 09-4242 JRY TRIAL DEMANDED E TO THE PROTHONOTARY: Kindly enter my appearance as attorney for Defendants, Borough of Shippensburg, David Herb, individually and in his capacity a? a Police Officer of the Commonwealth of Pennsylvania and Brad Goyt, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania, in the above Defendant, Borough of Shippensburg, Police Officer of the Commonwealth of Pe capacity as a Police Officer of the matter, id Herb, individually and in his capacity as a is and Brad Goyt, individually and in his of Pennsylvania, by and through their undersigned counsel, hereby demand a trial by 0 jury of twelve. WILLIAM-J. FERREN & ASSOCIATES By:( /, hristine'E. Munion, Esquire ttorney for Defendants '20H SIL 17 P'll 12: 1 I'ly WILLIAM J. FERREN & ASSOCIATES BY: Christine E. Munion, Esquire Attorney I.D. No. 72724 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1731 Attorney for Defendants IN THE COURT OF COMON PLEASE OF CUMBERLAND COUNTY PENNSYLVANIA Vincent V. Hayman and Denise Hayman Plaintiffs V. Borough of Shippensburg, et al. Defendants Civil Action - Law No.: 09-4242 To The Prothonotary: Please enter a Rule upon Plaintiff, Vincent V. Hayman and Denise Hayman, to file a Complaint Against Defendants, Borough of Shippensburg, David Herb, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania, and Brad Goyt, individually an in his capacity as a Police Officer of the Commonwealth of Pennsylvania, within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. WILLIAM . FERREN & ASSOCIATES BY: i CHRISTII Attorney E. MUNION, ESQUIRE r Defendants MPLAI 9- AND NOW, this 17 day of upon Plaintiff(s) to file a Complaint herein , 2009, a Rule is hereby granted twenty (20) days after service or suffer the entry of a Judgment of Non Pros. OF THE 2009 J U L 17 Pi112: i WILLIAM J. FERREN & ASSOCIATES BY: Christine E. Munion, Esquire Attorney I.D. No. 72724 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1731 Attorney for Defendants IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Vincent V. Hayman and Denise Hayman Civil Action - Law Plaintiffs No.: 09-4242 V. Borough of Shippensburg, et al. Defendants WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as attorney for Defendants, Borough of Shippensburg, David Herb, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania and Brad Goyt, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania, in the above captioned matter. WILLIAM J F RREN & SSOCIAT By: Christine E. M on, Esquire Attorney for Defendants ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendants, Borough of Shippensburg, David Herb, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania and Brad Goyt, individually and in his capacity as a Police Officer of the Commonwealth of Pennsylvania, in the above captioned matter. WILL RRE ASSOCIATES BY: a? aola ripo i Kaczynski, Esquire 1500 Market Street, Suite 2920 Philadelphia, PA 19102 267-675-3009 WILLIAM J. FERREN & ASSOCIATES BY: Paola Tripodi Kaczynski, Esquire Attorney for Defendants 1500 Market Street - Suite 2920 Borough of Shippensburg, et al. Philadelphia, PA 19102 267-675-3009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT V. HAYMAN AND DENISE HAYMAN Plaintiffs BOROUGH OF SHIPPENSBURG, ET AL. Defendants CIVIL ACTION - LAW No: 09-4242 CERTIFICATE OF SERVICE I, Paola Tripodi Kaczynski, Esquire do here by certify that a true and correct copy of the within Withdrawal/Entry f Appearance was sent to Plaintiffs' counsel via United States mail, postage pre- paid on 7 =--- J. FE N & ASSOCIATES BY: Paola Tripodi Kaczynski, Esquire 1500 Market Street, Suite 2920 Philadelphia, PA 19102 267-675-3009 RIB)-Onr CE OF THE PR s } HOINMARY 2009 SEP -8 PM 2: 2 5 l _-"NTY PENNSYLV9414 VINCENT M. HAYMAN and : IN THE COURT OF COMMON PLEAS OF DENISE HAYMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. : NO: 09-4242 BOROUGH OF SHIPPENSBURG, ET AL, Defendant : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 (PA Only) or (717) 238-6715 VINCENT M. HAYMAN and : IN THE COURT OF COMMON PLEAS OF DENISE HAYMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. : NO: 09-4242 BOROUGH OF SHIPPENSBURG, ET AL, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Vincent M. Hayman and Denise Hayman, by their attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Vincent M. Hayman is an adult sui juris residing in Newville, Pennsylvania 17241, (herein after referred at Plaintiff Hayman). 2. Plaintiff Denise Hayman is an adult sui juris residing in Newville, Pennsylvania 17241. 3. Defendant Borough of Shippensburg, is an agency of the Commonwealth of Pennsylvania and maintains its office at 60 West Burd Street, Shippensburg, Pennsylvania 17257. 4. Defendant David Herb, and Defendant Brad Goyt, are officers of the Shippensburg Police Department. 5. This is an action for money damages brought pursuant to common law of the Commonwealth of Pennsylvania, 42 U.S.C. Section 1983 and the Fourth and Fourteenth Amendments to the United States Constitution and the Due Process Clause. 6. It is alleged that the individual officers made an unreasonable seizure of plaintiffs, made an illegal warrantless entry on to plaintiff's property violating their rights under the Fourth and Fourteenth Amendments to the United States Constitution, as well as the Due Process Clause, and that the officers assaulted, battered, and falsely imprisoned Plaintiffs. It is further alleged that these violations and torts were committed as a result of the policies and customs of the Shippensburg Police Department, The State of Pennsylvania, the County of Cumberland, and the Borough of Shippensburg and because of inadequate training of their employees including those named herein. 7. Specifically on or about June 23, 2007 plaintiff's home was entered by force and without cause nor warrant. 8. Police allegedly were looking for a runaway teenagers, and plaintiff's declined to allow the police entry. 9. Despite a lack of cause and the clear lack of permission to enter, the police forced there way into the home of plaintiffs, and then assaulted, arrested, and imprisoned them. 10. A tazer or other electrical assault weapon was fired into the body of one of the plaintiffs. 11. All of these acts were done illegally, maliciously, and without cause or provocation. 12. COUNTI ASSAULT & BATTERY 13. Previous paragraphs are incorporated by reference as if fully set forth herein. 14. The Officers did touch Plaintiff without his consent, when he was not privileged to do so, or was acting outside the scope of any privilege he may claim. 15. Said touching, in the form of cuffing, grabs, shoves, and holds, and the firing of a taser caused Plaintiff injuries to his wrists, arms, shoulders, legs, and the rest of his body. 16. As a direct and proximate result of the actions of The Officers, Plaintiff feared serious bodily harm or even death. 17. Plaintiff suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of The Officers's actions, which will be proven at trial. 18. The actions of The Officers were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fee against all defendants, along with an order of Court requiring the Borough to promulgate and institute appropriate police policies and practices so as to protect the public from similar incidents and recurrences. COUNT II FALSE IMPRISONMENT / ARREST 19. Previous paragraphs are incorporated by reference, as if more fully set out herein. 20. Plaintiff was handcuffed by force and against his will, and detained and taken to jail. 21. Plaintiff was detained against his will, and was not allowed to go free. 22. The handcuffing of Plaintiff by force constituted a false arrest and/or false imprisonment. 23. At the time Plaintiff s movements were restrained, The Officers was not privileged to hold or restrain Plaintiff. 24. Plaintiff suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of The Officers's actions, which will be proven at trial. 25. The actions of The Officers were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against all defendants, along with an order of Court requiring the Borough to promulgate and institute appropriate police policies and practices so as to protect the public from similar incidents and recurrences. COUNT III 42 USC 1983 ACTION 26. Previous paragraphs are incorporated by reference, as if fully set out herein. 27. The Officers are employees of Shippensburg Borough Police Department, and were Officers at the time, and this action is brought under 42 USC Section 1983. 28. The Officers was acting under state authority as a police officer under color of state law. 29. Alternatively, The Officers was acting under Borough authority, and in their capacity as an employee of the Borough of Shippensburg. 30. The Officers, upon information and belief, had previously used excessive force and engaged in questionable police tactics of which Shippensburgh was aware. 31. The Borough both exhibited reckless or deliberate indifference to the actions of their police force and employees respectively, and despite knowledge of problems with police action, and public concern, took no action to remedy the problem nor did they promulgate effective policies to remedy the matter. 32. The Officers, in the course of their employment, by their actions previously described, did deprive Plaintiff of his rights and protections under the United States Constitution, including the 4th Amendment, the 14th Amendment, the Due Process Clause, and the 8th Amendment. 33. Plaintiff suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of The Officer's actions, which will be proven at trial. 34. The actions of Defendants were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against all defendants, along with an order of Court requiring Shippensburg to promulgate and institute appropriate police policies and practices so as to protect the public from similar incidents and recurrences. Respectfully Submitted, Rominger & Associates 1 ! Date: September 15, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs VINCENT M. HAYMAN and DENISE HAYMAN, Plaintiffs V. BOROUGH OF SHIPPENSBURG, ET AL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-4242 JURY TRIAL DEMANDED ATTORNEY VERIFICATION I verify that the statements made in this complaint are true and correct. A substitute verification will replace this one. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Karl Rominger, Esquire VINCENT M. HAYMAN and DENISE HAYMAN, Plaintiffs V. BOROUGH OF SHIPPENSBURG, ET AL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-4242 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Paola Tripodi Kaczynski, Esquire Law Offices William J. Ferren & Associates 1500 Market Street, Suite 2920 29`h Floor-West Tower Philadelphia, PA 19102-2100 Respectfully Submitted, Rominger & Associates Date: September 15, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs FILE r t " ' r OF THE- ZOn3 SE' 1:) pit; 6: ' 9 t C ??v, 'TY L 1; VINCENT M. HAYMAN and : IN THE COURT OF COMMON PLEAS OF DENISE HAYMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. : NO: 09-4242 BOROUGH OF : SHIPPENSBURG, ET AL, Defendant : JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities Date: .1- /6 r &11-6 9 Vincent O Hayman V? OF TFSE jr)TARY 2069 SEP 21 PH 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA VINCENT M. HAYMAN and DENISE HAYMAN, . Plaintiffs :No: V. BOROUGH OF SHIPPENSBURG, ET AL. Defendant NOTICE OF REMOVAL TO THE CLERK OF COURTS: FILED SCRANTpN OCT 13 2009 PER DEPU t:LERK Defendants, Borough of Shippensburg, et al. by and through their attorney Paola Tripodi Kaczynski, Esquire of William J. Ferren & Associates file their within Notice of Removal and in support avers as follows: I . On or about June 23, 2009 Plaintiffs instituted this instant lawsuit by the filing of a Writ of Summons with the Court of Common Pleas of Cumberland County at docket number: 09-4242. 2. A Rule to File Complaint was filed by former Defense counsel, Christine E. Munion, Esquire on July 17, 2009. Plaintiffs' counsel filed their Complaint on September 15, 2009. 3. In their Complaint, Plaintiffs allege violations of their Coed rft record (off E. 11 # v,^e Constitutional rights under 42 U.S.C. § 1983 and the Fourth, Eighth and Fourteenth Amendments to the United States Constitution, along with due process. (See Plaintiffs' Complaint attached hereto and marked as Exhibit "A"). 4. This Notice of Removal is filed timely pursuant to 28 U.S.C. § 1446(b) within thirty (30) days of the receipt of the filing of the Complaint by Plaintiffs' counsel, thereby allowing Defendants, Borough of Shippensburg, et al. to remove pursuant to 28 U.S.C. §1331 on the basis of Federal question jurisdiction. 5. Plaintiffs have complained of violations of their civil rights in their Complaint as if fully set forth at length herein. 6. The Complaint filed by Plaintiffs is a civil action over which the United States District Court has original jurisdiction, pursuant to 28 U.S.C. § 1331; and therefore, this action may be removed to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. §1441(a) and 28 U.S.C. §1441(b). WHEREFORE, Defendants, Borough of Shippensburg, et al. respectfully request that this case proceed in its entirety in the United States District Court for the Middle District of Pennsylvania. WILLIAM I FERREN & ASSOCIATES BY: /s/Paola Tripodi KacUnski, Esquire Paola Tripodi Kaczynski, Esquire Attorney for Defendants ID#: 59602 1500 Market Street - Suite 2920 Philadelphia, PA 19102 267-675-3009 Date: 10/12/2009 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA VINCENT M. HAYMAN and DENISE HAYMAN, Plaintiffs :No: V. BOROUGH OF SHIPPENSBURG, ET AL. Defendant CERTIFICATE OF SERVICE I, Paola Tripodi Kaczynski, Esquire of William J. Ferren & Associates do hereby certify that a true and correct copy of the within Notice of Removal was sent to Plaintiffs' Counsel and to the Court of Common Pleas of Cumberland County at the addresses listed below on October 12, 2009 via United States mail, postage pre-paid. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Court of Common Pleas of Cumberland County Prothonotary's Office 1 Courthouse Square Carlisle, PA 17013 WILLIAM J. FERREN & ASSOCIATES BY: /s/Paola Tripodi KacMski, Esquire Paola Tripodi Kaczynski, Esquire Attorney for Defendants ID#: 59602 1500 Market Street - Suite 2920 Philadelphia, PA 19102 267-675-3009 EXHIBIT "A" VINCENT M. HAYMAN and : IN THE COURT OF COMMON PLEAS OF DENISE HAYMAN, : CUMBERLAND COUNTY, PENNSYLVAN IA o Plaintiffs n CIVIL ACTION - LAW T ? ; Him V. : NO: 09-4242 _ : - 73 ' J BOROUGH OF _= SHIPPENSBURG, ET AL, - Defendant : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 (PA Only) or (717) 238-6715 VINCENT M. HAYMAN and : IN THE COURT OF COMMON PLEAS OF DENISE HAYMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. : NO: 09-4242 BOROUGH OF SHIPPENSBURG, ET AL, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Vincent M. Hayman and Denise Hayman, by their attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Vincent M. Hayman is an adult sui juris residing in Newville, Pennsylvania 17241, (herein after referred at Plaintiff Hayman). 2. Plaintiff Denise Hayman is an adult sui juris residing in Newville, Pennsylvania 17241. 3. Defendant Borough of Shippensburg, is an agency of the Commonwealth of Pennsylvania and maintains its office at 60 West Burd Street, Shippensburg, Pennsylvania 17257. 4. Defendant David Herb, and Defendant Brad Goyt, are officers of the Shippensburg Police Department. 5. This is an action for money damages brought pursuant to common law of the Commonwealth of Pennsylvania, 42 U.S.C. Section 1983 and the Fourth and Fourteenth Amendments to the United States Constitution and the Due Process Clause. 6. It is alleged that the individual officers made an unreasonable seizure of plaintiffs, made an illegal warrantless entry on to plaintiffs property violating their rights under the Fourth and Fourteenth Amendments to the United States Constitution, as well as the Due Process Clause, and that the officers assaulted, battered, and falsely imprisoned Plaintiffs. It is fiirther alleged that these violations and torts were committed as a result of the policies and customs of the Shippensburg Police Department, The State of Pennsylvania, the County of Cumberland, and the Borough of Shippensburg and because of inadequate training of their employees including those named herein. 7. Specifically on or about June 23, 2007 plaintiffs home was entered by force and without cause nor warrant. 8. Police allegedly were looking for a runaway teenagers, and plaintiff s declined to allow the police entry. 9. Despite a lack of cause and the clear lack of permission to enter, the police forced there way into the home of plaintiffs, and then assaulted, arrested, and imprisoned them. 10. A tazer or other electrical assault weapon was fired into the body of one of the plaintiffs. 11. All of these acts were done illegally, maliciously, and without cause or provocation. 12. COUNT I ASSAULT & BATTERY 13. Previous paragraphs are incorporated by reference as if fully set forth herein. 14. The Officers did touch Plaintiff without his consent, when he was not privileged to do so, or was acting outside the scope of any privilege he may claim 15. Said touching, in the form of cuffing, grabs, shoves, and holds, and the firing of a taser caused Plaintiff injuries to his wrists, arms, shoulders, legs, and the rest of his body. 16. As a direct and proximate result of the actions of The Officers, Plaintiff feared serious bodily harm or even death. 17. Plaintiff suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of The Officers's actions, which will be proven at trial. 18. The actions of The Officers were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fee against all defendants, along with an order of Court requiring the Borough to promulgate and institute appropriate police policies and practices so as to protect the public from similar incidents and recurrences. COUNT II FALSE IMPRISONMENT / ARREST 19. Previous paragraphs are incorporated by reference, as if more fully set out herein. 20. Plaintiff was handcuffed by force and against his will, and detained and taken to jail. 21. Plaintiff was detained against his will, and was not allowed to go free. 22. The handcuffing of Plaintiff by force constituted a false arrest and/or false imprisonment. 23. At the time Plaintiff's movements were restrained, The Officers was not privileged to hold or restrain Plaintiff. 24. Plaintiff suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of The Officers's actions, which will be proven at trial. 25. The actions of The Officers were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against all defendants, along with an order of Court requiring the Borough to promulgate and institute appropriate police policies and practices so as to protect the public from similar incidents and recurrences. COUNT III 42 USC 1983 ACTION 26. Previous paragraphs are incorporated by reference, as if fully set out herein. 27. The Officers are employees of Shippensburg Borough Police Department, and were Officers at the time, and this action is brought under 42 USC Section 1983. 28. The Officers was acting under state authority as a police officer under color of state law. 29. Alternatively, The Officers was acting under Borough authority, and in their capacity as an employee of the Borough of Shippensburg. 30. The Officers, upon information and belief, had previously used excessive force and engaged in questionable police tactics of which Shippensburgh was aware. 31. The Borough both exhibited reckless or deliberate indifference to the actions of their police force and employees respectively, and despite knowledge of problems with police action, and public concern, took no action to remedy the problem nor did they promulgate effective policies to remedy the matter. 32. The Officers, in the course of their employment, by their actions previously described, did deprive Plaintiff of his rights and protections under the United States Constitution, including the 4`h Amendment, the 14th Amendment, the Due Process Clause, and the 8 h Amendment. 33. Plaintiff suffered physical injury, mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of The Officer's actions, which will be proven at trial. 34. The actions of Defendants were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against all defendants, along with an order of Court requiring Shippensburg to promulgate and institute appropriate police policies and practices so as to protect the public from similar incidents and recurrences. Respectfully Submitted, Rominger & Associates t. Date: September 15, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs VINCENT M. HAYMAN and DENISE HAYMAN, Plaintiffs V. BOROUGH OF SHIPPENSBURG, ET AL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-4242 JURY TRIAL DEMANDED ATTORNEY VERIFICATION I verify that the statements made in this complaint are true and correct. A substitute verification will replace this one. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Karl Rominger, Esquire VINCENT M. HAYMAN and DENISE HAYMAN, Plaintiffs V. BOROUGH OF SHIPPENSBURG, ET AL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO: 09-4242 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Paola Tripodi Kaczynski, Esquire Law Offices William J. Ferren & Associates 1500 Market Street, Suite 2920 29'' Floor-West Tower Philadelphia, PA 19102-2100 Respectfully Submitted, Rominger & Associates Date: September 15, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs VINCENT M. HAYMAN and DENISE HAYMAN, Plaintiffs V. BOROUGH OF SHIPPENSBURG, ET AL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-4242 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Paola Tripodi Kaczynski, Esquire Law Offices William J. Ferren & Associates 1500 Market Street, Suite 2920 29th Floor-West Tower Philadelphia, PA 19102-2100 Respectfully Submitted, Rominger & Associates Date: September 15, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs FILE 'E7 rti ? a TARY 2009 O CT 16 , C: '+ 0 r.