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HomeMy WebLinkAbout12-1707 Owens Barcavage & McInroy, LLC Geoffrey McInroy, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID # 87876 JANET COSTELLA, Plaintiff VS. CENTER FOR SCHOOLS AND COMMUNITIES, SZELES REAL ESTATE DEVELOPMENT COMPANY, CENTRALSUSQUEHANNA INTERMEDIATE UNIT Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. /a1'?70'1 Clvr1 `?rr?. -TIM -<3> rn may r- ? , c-, :CIVIL ACTION - LAW C- MC :JURY TRIAL DEMANDED v PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons against Center for Schools and Communities, Szeles Real Estate Development Company, and Central Susquehanna Intermediate Unit. The Writ of Summons shall be issued and delivered to the Sheriff of Cumberland ty for Date : 42- Signature of Plaintiff's Counsel- ffrey . oy Owens, BarcavageA.Mt*inroy 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff G ? I o3. ,75 Po A77Y cIra71R Q'P07)a Ssy e Owens Barcavage & McInroy, LLC Geoffrey S. McInroy, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID # 87876 WRIT OF SUMMONS JANET COSTELLA, Plaintiff vs. CENTER FOR SCHOOLS AND COMMUNITIES, SZELES REAL ESTATE DEVELOPMENT COMPANY, CENTRAL SUSQUEHANNA INTERMEDIATE UNIT Defendants, TO: Center for Schools and Communities 275 Grandview Ave, Suite 200 Camp Hill, PA 17011 Szeles Real Estate Development Company 945 East Park Drive, Suite 201 Harrisburg, PA 17111 Central Susquehanna Intermediate Unit 90 Lawton Lane Milton, PA 17847 YOU ARE NOTIFIED THAT THE PLAINTIFF, JANET COSTELLA. HAS COMMENCED A CIVIL ACTION AGAINST YOU. Date: ?T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. :CIVIL ACTION - LAW :JURY TRIAL DEMANDED Prothonotary i MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Sharon M. O'Donnell, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorney for Defendant Atty. I.D. 79457 IN THE COURT OF COMMON PLEAS JANET COSTELLA, CUMBERLAND COUNTY, PA Plaintiff CASE NO.: 12-1707 Civil Term V. CENTER FOR SCHOOLS AND COMMUNITIES, : Civil Action - Law SZELES REAL ESTATE DEVELOPMENT Jury Trial Demanded COMPANY, CENTRAL SUSQUEHANNA INTERMEDIATE UNIT, Defendants RULE TO FILE COMPLAINT AND NOW, this ova day of ?Jyl-e_l , 2012, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiff to file a Complaint within twenty (20) days or suffer judgment of non pros. PROTHONOTARY SEAL I MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Sharon M. O'Donnell, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorney for Defendant Atty. I.D. 79457 x_ 2]112 j'`! 22 N1 2'. 4 1,LY BERLANDCGI.I?i?.` ?'IvPi SYLVANIA JANET COSTELLA, Plaintiff V. CENTER FOR SCHOOLS AND COMMUNITIES, : SZELES REAL ESTATE DEVELOPMENT COMPANY, CENTRAL SUSQUEHANNA INTERMEDIATE UNIT, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CASE NO.: 12-1707 Civil Term Civil Action - Law Jury Trial Demanded ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendants, Center for Schools and Communities and Central Susquehanna Intermediate Unit, in the above referenced matter. Page 1 of 3 Respectfully submitted, DAT B MARSHALL, DENNEHEY, WARNER, COLETVU N?& GOGGIN Sharon M. I onnell, Esquire I. . 0.79457 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 smodonnell@mdwcg.com Attorneys for the Defendants Center for Schools and Communities and Central Susquehanna Intermediate Unit only Page 2 of 3 CERTIFICATE OF SERVICE I, Sharon M. O'Donnell, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, i?-.f' do hereby certify that on this"' day of June, 2012, I served a copy of the foregoing Entry of Appearance, via First Class United States mail, postage prepaid as follows: Matthew L. Owens, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, Pennsylvania 17110 MARSHALL, DENNEHEY, WARNER SHAWIN M. O'DONNELL, Esquire Atty. I.D. 79457 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for the Defendants Center for Schools and Communities and Central Susquehanna Intermediate Unit only OK Page 3 of 3 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Sharon M. O'Donnell, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorney for Defendant Atty. I.D. 79457 Y1 . f _ a Z2 ? ' °1c EE?? AID COUl" ??,@?I?,SYLVr`?N1A JANET COSTELLA, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CASE NO.: 12-1707 Civil Term CENTER FOR SCHOOLS AND COMMUNITIES, : Civil Action - Law SZELES REAL ESTATE DEVELOPMENT Jury Trial Demanded COMPANY, CENTRAL SUSQUEHANNA INTERMEDIATE UNIT, Defendants PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY. Kindly issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days, or suffer judgment non pros. Respectfully submitted, DA MARSHALL, DENNEHEY, WARNER, COL BY: on M. O' ell, squire I.D. No. 79457 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 smodonnell(i,mdwcg.com Attorneys for the Defendants Center for Schools and Communities and Central Susquehanna Intermediate Unit only Page 1 of 2 CERTIFICATE OF SERVICE I, Sharon M. O'Donnell, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, .?- do hereby certify that on this* day of June, 2012, I served a copy of the foregoing Praecipe for Rule to File a Complaint, via First Class United States mail, postage prepaid as follows: Matthew L. Owens, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, Pennsylvania 17110 BY: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 smodonnell(a,mdwcg com Attorneys for the Defendants Center for Schools and Communities and Central Susquehanna Intermediate Unit only 05/901858.vl Page 2 of 2 S E C 'T` 0 N A Supreme Cou County The information collected on this farm is used solely for court administration purposes. This form does tot supplement or replace the filing= and service ofvleadinzv or other naners as required by 1mv nr ratlt?v of e-nur t Commencement of Action: Complaint 0 Writ of Summons Transfer from Another Jurisdiction Petition ® Declaration of Taking Lead Plaintiff's Name: Janet Costella Lead Defendant's Name: Center for Schools and Communities Are money damages requested? El Yes ® No Dollar Amount Requested: 13 within arbitrate (check one) ®x outside arbitrati n limits n limits Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? Q Yes E l No Name of Plaintiff/Appellant's Attorney: Geoffrey S. Mclnroy, Esquire ® Check here if you have no attorney (.ire a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. S E C T I 0 N 13 TORT (do not include Mass Tort) Intentional ® Malicious Prosecution ® Motor Vehicle ® Nuisance ® Premises Liability Q Product Liability (does not include mass tort) 13Slander/Libel/ Defamation ® Other: 11iSQ_ ilk T->ISC.1'IYYiii10.'? CONTRACT (do not include Judgments) ® Buyer Plaintiff Debt Collection: Credit Card ® Debt Collection: Other Employment Dispute: Discrimination 0 Employment Dispute: Other 13 Other: REAL PROPERTY ® Ejectment 0 Eminent Domain/Condemnation ® Ground Rent ® Landlord/Tenant Dispute Q Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial E3 Partition E3 Quiet Title 0 Other: For Prothonotary Use Only: Docket No: CIVIL APPEALS Administrative Agencies ® Board of Assessment ® Board of Elections Dept. of Transportation Statutory Appeal: Other ® Zoning Board 0 Other: MISCELLANEOUS ® Common Law/Statutory ® Declaratory Judgment ® Mandamus Non-Domestic Relations Restraining Order ®Quo Warranto O Replevin ® Other: 1/1/2011 ED-OFFICE , u7- THE '"!TA `c 2,312 JUL 12 PM I *- C3 CUMBERLAND COC QTY PENNSYLVANIA JANET COSTELLA Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CENTER FOR SCHOOLS AND COMMUNITIES and CENTRAL SUSQUEHANNA INTERMEDIATE UNIT Defendant No. 1707 20 1 Civil Term I CX NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAP64ED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 In Cumberland County Court of Common Pleas of Pennsylvania JANET COSTELLA, No. 12-1707 Civil Term Plaintiff VS. CENTER FOR SCHOOLS AND COMMUNITIES and CENTRALSUSQUEHANNA INTERMEDIATE UNIT Defendants COMPLAINT AND NOW COMES, Plaintiff, Janet Costella, by and through her Counsel, Geoffrey S? McInroy, Esquire, and the law firm of Owens Barcavage & McInroy, LLC, and hereby files thi Complaint alleging violations of the Pennsylvania Human Relations Act, 43 P.S. §951-963 (PHRA); the Americans With Disabilities Act of 1990, as amended, 42 U.S.C. §12101, et. seq, (ADA); and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000(e), et. seq. (Title VII); arising out of the conditions in termination of her employment with Central Susquehanna Intermediate Unit, and avers as follows: JURISDICTION AND VENUE Jurisdiction is appropriate in this Court as the subject unlawful discriminatory employment practices complained of occurred in Cumberland County, Pennsylvania. 2. Venue is proper because all parties do business in this jurisdiction and the causes of action arose in Cumberland County, Pennsylvania. 3. Plaintiff filed a Complaint with the PHRC alleging disability discrimination. was dually filed with the EEOC. 4. A Notice of Right to Sue was issued by the EEOC on December 19, 2011. (A copy is attached as Exhibit A). PARTIES 5. Paragraphs 1 through 4 are incorporated herein by reference as if fully set length. 6. Plaintiff, Janet Costella, resides at 400 Big Mount Road, Thomasville, York County, PA 17364. 7. Defendant, Center for Schools and Communities, is located at 275 Grandview Avenue, Suite 200, Camp Hill, Cumberland County, 17011. 8. Defendant, Central Susquehanna Intermediate Unit, is located at P.O. Box 213 Lewisburg, Union County, PA 17837. FACTS 9. On or about 2002, Plaintiff suffered from multiple chemical sensitivities. 10. On or about March 20, 2006, Plaintiff was hired by Defendant Center for and Communities in the position of administrative assistant. 11. On or about April 20, 2006 (when Plaintiff was initially hired by Defendant Center for Schools and Communities), she notified the Manager at the Center for Schools and Communities, Darlene Dwyer, and Shelly Ritter, Human Resource Manager for the Central Susquehanna Intermediate Unit, of Plaintiff s physical impairment. is 2 12. Plaintiff's physical impairment causes her to have the following symptoms an attack: including (but not limited to) instant asthmatic allergic reaction, loss of voice, breathing difficulty, choking, confusion, dizziness and/or blurred vision. 13. It is expected that Plaintiff's disability will be lifelong. 14. Plaintiff was, and is, able to perform the essential job functions with accommodation of working in an environment that is free of smoke, perfumes, scents, and chemicals, despite her diagnosis of multiple chemical sensitivities. COUNT 1 SUSQUEHANNA INTERMEDIATE UNIT 15. Paragraphs 1 through 14 are incorporated herein by reference as if fully set at length. 16. Defendant employees 50 or more employees, and is an "employer" under the ADA. 17. On or about July 2004, the Plaintiff was diagnosed with sensitivities to consistent with Multiple Chemical Sensitivity. 18. On or about April 2006, the Defendant Employer was requested to limit Plaintiff's exposure triggers in the work environment that exacerbated the Plaintiff's conditi 19. On or about March, 2007 (and again around April and August 2009), the Defendant Employer requested and was provided written confirmation of the Plaintiff's need accommodations. 3 20. On or about March 2, 2007, and again April and August 2009, the Defendant Employer was requested to provide Plaintiff an air purifier with a carbon and HEPA filter in workspace to reduce potential triggers. 21. The Plaintiff was given accommodations in the form of a small air purifier, a mask to wear, a notice to employees to refrain from using perfume in the bathroom and discontinuing the office use of strong smelling glue. 22. On or about February 6, 2009 Plaintiff wore the mask provided by her to go through smokers to get to the mailroom and she suffered an exacerbation of her sensitivity and later discovered that the mask provided lacked filters. 23. On or about March 24, 2009 a sprinkler malfunction at 27 Grandview Avenue, Camp Hill, PA 17011 required chemical cleanup. 24. The Plaintiff suffered a severe exacerbation of her chemical sensitivity due to chemicals used during the cleanup. 25. Plaintiff was forced to file a Worker's Compensation claim. 26. On or about May 4, 2009, the Plaintiff requested formalized written accommodations for her diagnosis of Multiple Chemical Sensitivity from her employer, who not expeditiously respond until August 17, 2009.. 27. On or about August 17, 2009 the Defendant Employer responded to Plaintiff's request for formalized written accommodations. 28. The August 17, 2009 accommodations were woefully inadequate and failed to address the issues Plaintiff requested in her May 4, 2009 request for accommodations. 4 29. Plaintiff consistently and repeatedly reminded the Defendants of her disability oral and written form, and on or about August 21, 2009, Ritter submitted an "accommodation plan" to Plaintiff in response to her requests for formalized written accommodations. 30. The "accommodation plan" was not followed (and/or enforced) and Ritter to make any amendments or communicate with Plaintiff about problems and/or issues with plan and simply stated on September 18, 2009 that "The accommodation plan is final". 31. Defendant refused to enforce the accommodations and instead just requested employees to refrain from using strongly scented products (failing to institute an enforcement policy limiting scents and chemical use or educating co-workers on Multiple Chemical Sensitivity (MCS)). 32. Defendant refused to enforce a designated smoking area at least fifty feet away from the building and away from the back entrance of the building, preventing the possibility a clean and toxic-free path to the second floor. 33. Defendant failed to work with the landlord to obtain the owner's permission or to negotiate an exception to the terms of the lease to move the smoking area of the front and entrances 50 feet away from the doorways and building. 34. Plaintiff was not notified by the Defendant when there was cleaning with chemicals or spraying of chemicals in the lobby and/or building. 35. Defendant called 911 in September 2009 when Plaintiff had an allergic even after Plaintiff requested Defendant not to do so (and the physician confirmed to it wasn't necessary) and such a response was not one of the original accommodation requests. 36. Defendant required Plaintiff to wear a mask to ostensibly avoid allergic but the mask lacked filters and failed to prevent an allergic reaction. 5 37. Defendant singled out Plaintiff and subjected her to the ridicule and jokes of co-workers about her disability. 38. Defendant refused to allow Plaintiff a reasonable accommodation of her work schedule to a flexible work schedule to a time when her surroundings were least problematic, specifically during the Sam to 4 pm shift. 39. Defendant also refused to allow Plaintiff to return to work and forced her on to FMLA due to their refusal to reasonably accommodate the Plaintiff and refusal to set up intermittent FMLA leave for Plaintiff as a reasonable accommodation. 40. Defendant forced Plaintiff to use vacation time and/or unpaid leave whenever Plaintiff was forced to avoid the workplace due to an allergic reaction to something in the workplace. 41. Defendant penalized Plaintiff for work missed during forced leaves. 42. Plaintiff signed the Accommodation Plan on February 16, 2010 and May 13, 2010, but was terminated on July 7, 2010. 43. Defendant refused to hold open Plaintiff's job, offer an equivalent position, or reassign Plaintiff to a vacant position as a reasonable accommodation before terminating on July 7, 2010. 44. As a direct and/or proximate result of the above described discriminatory of the Central Susquehanna Intermediate Unit, Ms. Costella suffered professional injuries, including but not limited to her professional reputation, professional development, loss of benefits (including back and front pay), loss of increase in salary, loss of potential promotions, compensatory damages from emotional pain and suffering, inconvenience, mental anguish, los! 6 of enjoyment of life, aggravation of condition, as well as punitive damages, costs and fees. COUNT 2 AS FOR SCHOOLS AND COMMUNITIES 45. Paragraphs 1 through 44 are incorporated herein by reference as if fully set at length. 46. On March, 20, 2006, Plaintiff was hired by Defendant, The Center For Schools And Communities. 47. On or about April 20, 2006, Plaintiff informed Defendant, The Center For Schools And Communities of her diagnosis of chemical sensitivities. 48. Plaintiff's physical impairment causes her to have the following symptoms an attack: including (but not limited to) instant asthmatic allergic reaction, loss of voice, breathing difficulty, choking, confusion, dizziness and/or blurred vision. 49. The Plaintiff was (and is) able to perform the essential job functions with reasonable accommodation of working in an environment that is free of smoke, perfumes, and chemicals.. 50. The Plaintiff asked that reasonable accommodations should be made to make a safe work environment for Plaintiff so she could work without having contact with the aforementioned triggers. 51. On or about August 21, 2009 the Defendant, The Center For Schools and Communities formulated an "Accommodation Plan" in response to Plaintiff's requests for an accommodation. 7 52. The Center For Schools and Communities refused to enforce the by just requesting employees to refrain from using strongly scented products and not an enforcement policy limiting scents and chemical use or educating co-workers on Multiple Chemical Sensitivity. 53. The Center For Schools and Communities refused to enforce a designated smoking area at least fifty feet away from the building and more specifically at least fifty feet from the front and back entrances to the building. 54. The Center For Schools and Communities refused to communicate as a part of, ongoing interactive process regarding the "Accommodation Plan" and modify the same as recommended by the Defendant's doctors. 55. The Center For Schools and Communities refused to relocate Plaintiff to a low traffic area or to an office work-space in an area that would not exacerbate Plaintiff's sensitivities. 56. The Center For Schools and Communities has failed to notify the Plaintiff (consistent with the Accommodation Plan) in advance when there was cleaning with or spraying in or around the building. 57. The Center For Schools and Communities feigned accommodation by providing a mask and placing signs stating "fragrances free area", but never urged its staff to take the "accommodations" seriously and the result was further isolation of the Plaintiff and mocking her disability. 58. Defendant forced Plaintiff to use vacation time and/or unpaid leave whenever Plaintiff was forced to avoid the workplace due to an allergic reaction to something in the workplace. 8 59. None of the accommodations recommended by her physicians or in the Accommodation Plan imposed an undue burden on The Center For Schools And Communiti 60. As a direct and/or proximate result of the above described discriminatory of the Center for Schools and Communities, Ms. Costella suffered professional injuries, including but not limited to her professional reputation, professional development, loss of benefits (including back and front pay), loss of increase in salary, loss of potential promotions compensatory damages from emotional pain and suffering, inconvenience, mental anguish, lo; of enjoyment of life, aggravation of condition, as well as punitive damages, costs and attorney fees. COUNT 3 THE CENTER FOR SCHOOLS AND COMMUNITY"S VIOLATION OF THE PENNSYLVANIA HUMAN RELATIONS ACT 43 P.S. 4 951, ET SEO. 61. Paragraphs 1 through 60 are incorporated by reference as though fully set forth herein. 62. Ms. Costella was an employee of the Center for Schools and Communities as term is defined by the PHRA. 63. The Center for Schools and Communities employs four or more persons within the Commonwealth of Pennsylvania and is an employer as defined by the Pennsylvania Relations Act (PHRA). 9 64. Ms. Costella was (and continues to be) qualified to perform the essential duties of her position with the Center for Schools and Communities, with or without reasonable accommodations. 65. Ms. Costella is a qualified individual with a disability in that Ms. Costella from a disability (Multiple Chemical Sensitivity or "MCS"), and The Center for Schools and Communities was aware of her disability and saw Ms. Costella as she suffered from her disability. 66. The Center for Schools and Communities discriminated against Ms. Costella based upon her disability or perceived disability by: (a) failing to preserve confidentiality wi respect to her disability and accommodations, (b) failing to uniformly apply its policies, (c) failing to afford Ms. Costella reasonable accommodations, (d) failing to follow or modify its Accommodation Plan as it had promised to do, (e) subjecting Ms. Costella to termination an( the equivalent of termination, and (f) subjecting Ms. Costella to ridicule and embarrassment her co-workers. 67. Ms. Costella's disability was not job related. 68. The Center for Schools and Communities permitted and allowed the discriminatory behavior of its employees and supervisors against Ms. Costella. 69. Ms. Costella was discriminated against on the basis of her disability and in violation of the PHRA. 70. The Center for Schools and Communities should have known that its failure to enact a policy for enforcement of accommodations thereby subjected Ms. Costella to discrimination based upon her disability. 10 71. As a direct and proximate result of the above described discriminatory actions The Center for Schools and Communities, Ms. Costella suffered physical injury, and injury including but not limited to loss of past earning (including back and front pay), future of earnings, loss of earnings potential, and loss of benefits. 72. As a direct and/or proximate result of the above described discriminatory of The Center for Schools and Communities, Ms. Costella suffered professional injuries, including but not limited to her professional reputation, professional development, loss of benefits, loss of increase in salary, and loss of potential promotions, compensatory damages emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, aggravation of condition, entitling her to damages, punitive damages and attorney fees. COUNT 4 CENTRAL SUSUEHANNA INTERMEDIATE UNIT'S VIOLATION OF THE PENNSYLVANIA HUMAN RELATIONS ACT 43 P.S. & 951. ET SEO. 73. Paragraphs 1 through 72 are incorporated by reference as though fully set forth herein. 74. Ms. Costella was an employee of the Central Susquehanna Intermediate Unit as the term is defined by the PHRA. 75. Central Susquehanna Intermediate Unit employs four or more persons within Commonwealth of Pennsylvania and is an employer as defined by the Pennsylvania Human Relations Act (PHRA). 11 76. Ms. Costella was (and continues to be) qualified to perform the essential duties) of her position with the Central Susquehanna Intermediate Unit, with or without reasonable accommodations. 77. Ms. Costella is a qualified individual with a disability in that Ms. Costella from a disability (Multiple Chemical Sensitivity or "MCS"), and Central Susquehanna Intermediate Unit was aware of her disability and saw Ms. Costella as she suffered from her disability. 78. Central Susquehanna Intermediate Unit discriminated against Ms. Costella upon her disability or perceived disability by: (a) failing to preserve confidentiality with resl to her disability and accommodation, (b) failing to uniformly apply its policies, (c) failing to afford Ms. Costella reasonable accommodation, (d) failing to follow or modify its own Accommodation Plan as it had promised to do, (e) subjecting Ms. Costella to termination any the equivalent of termination, and (f) subjecting Ms. Costella to ridicule and embarrassment her co-workers. 79. Ms. Costella's disability was not job related. 80. Central Susquehanna Intermediate Unit permitted and allowed the behavior of its employees and supervisors against Ms. Costella. 81. Ms. Costella was discriminated against on the basis of her disability and in violation of the PHRA. 82. Central Susquehanna Intermediate Unit should have known that it was not applying its policies properly thereby subjecting Ms. Costella to discrimination based upon her disability. 12 83. As a direct and proximate result of the above described discriminatory actions I Central Susquehanna Intermediate Unit, Ms. Costella suffered physical injury, and financial injury including but not limited to loss of past earning, future loss of earnings, loss of potential, and loss of benefits. 84. As a direct and/or proximate result of the above described discriminatory of Central Susquehanna Intermediate Unit, Ms. Costella suffered professional injuries, inclt but not limited to her professional reputation, professional development, loss of benefits (including back and front pay), loss of increase in salary, and loss of potential promotions entitling her to damages, compensatory damages from emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, aggravation of condition, punitive damages, attorney fees and costs. COUNT 5 PUNITIVE DAMAGES 85. Plaintiff incorporates by reference paragraphs 1-84 as though fully set forth herein. 86. Defendant's conduct as set forth above constitutes egregious, outrageous and wanton conduct. 87. Defendant's conduct as set forth above was intentional and willful. Date:07/11/2012 s/Geoffrey S. McInrov Geoffrey S. McInroy, Esquire I.D. No. 87876 Owens Barcavage & McInroy, LLC 13 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 14 VERIFICATION I, Janet Costella, certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact in the foregoing Complaint are true and correct upon my knowledge, or information and belief. Date: 7// Costella Case 1:12-cv-01506-JEJ Document 1 Filed 08/03/12 Page 1 of 5 r / J ?1 Aid ?OL?? ISYDANIA IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JANET COSTELLA, CIVIL ACTION NO. I a ` Plaintiff JURY TRIAL DEMANDED V. : HON. CENTER FOR SCHOOLS AND ELECTRONICALLY FILED COMMUNITIES and CENTRAL SUSQUEHANNA INTERMEDIATE : UNIT, Defendants NOTICE OF REMOVAL Defendants Center for Schools and Communities ("CSC")' and Susquehanna Intermediate Unit ("CSIU"), by their attorneys, Marshall, Warner, Coleman & Goggin, respectfully submit this Notice of Removal to 28 U.S.C. §1446(b), and in support thereof state the following: 1. Plaintiff Janet Costella commenced a civil action against CSC and by Writ of Summons filed in the Court of Common Pleas of Cumberland CSC is a division of CSIU and is not a separate and distinct legal entity. This Notice is being submitted on beha of CSC and CSIU, however, inasmuch as both CSC and CSIU are named as separate Defendants in the Complaint. I Case 1:12-cv-01506-JEJ Document 1 Filed 08/03/12 Page 2 of 5 Pennsylvania, on March 16, 2012, at Case No. 12-1707.2 A true and accurate of Plaintiffs Writ of Summons is attached hereto as Exhibit "A" and i incorporated by reference herein. 2. After the Cumberland County Prothonotary issued a Rule to Fi Plaintiff filed a Complaint against CSC and CSIU on July 12, 2012. A true accurate copy of Plaintiffs Complaint is attached hereto as Exhibit "B" and i incorporated by reference herein. 3. A copy of the Complaint was received at CSC's offices in Camp Hill Pennsylvania, on or about July 12, 2012. Accordingly, this Notice of Removal i timely in accordance with 28 U.S.C. §1446(b)(1). 4. Plaintiffs Complaint asserts claims, inter alia, under the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §12101 et (the "ADA") against both CSIU (Count 1) and CSC (Count 2).3 5. The Court has original jurisdiction over Plaintiff s ADA claims, to 28 U.S.C. §1331, inasmuch as those claims arise under federal law. 6. The Court also has supplemental jurisdiction over Plaintiffs clai brought under the Pennsylvania Human Relations Act, 43 P.S. §§951-96 Z The Writ of Summons also identified an entity known as Szeles Real Estate Development Company ("Szeles") as Defendant; however, Szeles is not a named Defendant in Plaintiffs Complaint, and based upon information providt by her counsel, Plaintiff has elected not to pursue any claims she may have against Szeles, at least for purposes this litigation. J The introductory paragraph of Plaintiffs Complaint also makes reference to Title VII of the Civil Rights Act 1964, as amended, 42 U.S.C. §2000e et sea. ("Title VII"), although there are no specific claims or causes of actic brought under Title VII within the body of the Complaint. 2 Case 1:12-cv-01506-JEJ Document 1 Filed 08/03/12 Page 3 of 5 ("PHRA"), against CSC (Count 3) and CSIU (Count 4), pursuant to 28 U.S.C. § 1367(a), as the PHRA claims are so related to the ADA claims that they form of the same case and controversy. 7. Plaintiffs Complaint, at Count 5, also seeks the recovery of puniti damages, presumably under both the ADA and PHRA, although the Complai does not so specify. Thus, the Court has original jurisdiction, jurisdiction, and/ or both, over Plaintiffs claim for punitive damages.4 8. Accordingly, Plaintiffs Complaint properly may be removed to thi Court, pursuant to 28 U. S.C. § 1441(a) through (c). 9. Both CSC and CSIU, which are represented by the undersigned consent to and join in the removal of Plaintiffs Complaint, consistent with 2 U.S.C. §1441(b)(2). There are no other Defendants named in Plainti Complaint. IO.The undersigned notified Plaintiffs counsel of Defendants' intent remove Plaintiffs Complaint to this Court. Plaintiffs counsel advised that he no position with regard to the removal. 11.In accordance with 28 U.S.C. § 1446(d), a copy of this Notice, and attachments hereto, shall be served upon Plaintiffs counsel and upon a Defendants submit, however, that punitive damages may not be recovered against them under either the ADA PHRA as a matter of law. See e.g. Scicchitano v. Central Susquehanna Intermediate Unit, 2009 U.S. Dist. LE> 119112 (M.D. Pa. 2009). 3 Case 1:12-cv-01506-JEJ Document 1 Filed 08/03/12 Page 4 of 5 Prothonotary for the Court of Common Pleas of Cumberland Pennsylvania. WHEREFORE, Defendants Center for Schools and Communities an Central Susquehanna Intermediate Unit hereby notify this Honorable Court this action is removed from the Court of Common Pleas of Cumberland Pennsylvania to the United States District Court for the Middle District Pennsylvania, pursuant to the provisions of 28 U.S.C. §§ 1331, 1367 and 1446. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: August 3, 2012 BY: Christopher J. Conrad, Esquire I.D. No. 202348 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3531 cjconrad@mdwcg.com Attorneys for the Defendants Center for Schools and Communities and Central Susquehanna Intermediate Unit 4 Case 1:12-cv-01506-JEJ Document 1 Filed 08/03/12 Page 5 of 5 CERTIFICATE OF SERVICE I, Christopher J. Conrad, Esquire, of Marshall, Dennehey, Warner, Co & Goggin, do hereby certify that on this 3`d day of August, 2012, I served a of the foregoing Notice of Removal, via First Class United States mail, prepaid as follows: Geoffrey S. McInroy, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, Pennsylvania 17110 Curt Long, Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: August 3, 2012 BY: Christopher J. Conrad, Esquire I.D. No. 202348 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3531 cjconrad@mdwcg.com Attorneys for the Defendants Center for Schools and Communities and Central Susquehanna Intermediate Unit 5 Case 1:12-cv-01506-JEJ Document 1-1 Filed 08/03/12 Page 1 of 3 EXHIBIT A Case 1:12-cv-01506-JEJ Document 1-1 Filed 08/03/12 Page 2 of 3 Owens Barcavage & McInroy, LLC Geoffrey Mclnroy, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID # 87876 JANET COSTELLA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, J.1-1707 OFOR SCHOOLS AND COMMUNITIES, SZELES REAL ESTATE DEVELOPMENT COMPANY, CENTRAL SUSQUEHANNA INTERMEDIATE UNIT Defendants, W r.J r rn :CIVIL ACTION - LAW Z C :JURY TRIAL DEMANDED x' r -< C.:) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons against Center for Schools and Communities, Szeles Real Estate Development Company, and Central Susquehanna Intermediate Unit. The Writ of Summons shall be issued and delivered to the Sheriff of Cumberland County for service. Date : 311di'7- Signature of Plaintiff s ieoffrey S. M1nrgf, Esquire Owens, Barca e & McInroy 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff Case 1:12-cv-01506-JEJ Document 1-1 Filed 08/03/12 Page 3 of 3 Owens Barcavage & McInroy, LLC Geoffrey S. McInroy, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID # 87876 WRIT OF SUMMONS JANET COSTELLA, Plaintiff VS. CENTER FOR SCHOOLS AND COMMUNITIES, SZELES REAL ESTATE DEVELOPMENT COMPANY, CENTRAL SUSQUEHANNA INTERMEDIATE UNIT Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. :CIVIL ACTION - LAW :JURY TRIAL DEMANDED TO: Center for Schools and Communities Szeles Real Estate Development Company 275 Grandview Ave, Suite 200 945 East Park Drive, Suite 201 Camp Hill, PA 17011 Harrisburg, PA 17111 Central Susquehanna Intermediate Unit 90 Lawton Lane Milton, PA 17847 YOU ARE NOTIFIED THAT THE PLAINTIFF, JANET COSTELLA. HAS COMMENCED A CIVIL ACTION AGAINST YOU. Date: sZt4-hj J 1 Prothonotary J TRUE COPY FROM RECORD M Ted" ORy vdasreiot. i tw* unto pt my hold Intd tIM of Mid •t . P?. Thl? dn? p? Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 1 of 18 EXHIBIT B Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 2 of 18 Supreme COu ., County S E C T I O N A S E C T I O N B For iarotbonotary Use Only: Docket No: J?_ , 767 The information collected on this form is used solely,for court administration purposes. Tins form does not cemnln.nnrot nr rwninra ilea rilian and sorvieo nfnlondblat nr athar nttnare ac YNmilrad h1J lax' or rules nfcourt. Commencement of Action: ® Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Janet Costella Center for Schools and Communities Are money damages requested? ® Yes ? No Dollar Amount Requested: ?within arbitration li (check one) ©outside arbitration mits imits Is this a Class Action Suit? ? Yes D No Is this an MDJAppeal? ? Yes 0 N o Name of Plaintiff/Appellant's Attorney: Geoffrey S. Mclnroy, Esquire ? Check here if you have no attorney (are n Self-Represented IPro SeI Litigant) Nature of the Case: Place an "X" to the left of the = case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include mass Tort) ? Intentional ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) Slander/Libel/ Defamation Other:. _ CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other MASS TORT ? Asbestos P Tobacco Toxic Tort - DES Toxic Tort - Implant ? Toxic Waste ? Other: PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute P Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial Partition ? Quiet Title ? Other: CML APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections 8 Dept, of Transportation Statutory Appeal: Other ? Zoning Board ? Other: MISCELLANEOUS ? Common Law/Statutory ? Declaratory Judgment Mandamus Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin Other: Updated I Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 3 of 18 !_" D-0,.!`i ff' OF Ttir. PR0TH0N;U TAF;Ce 2,312 JUL 12 PM l: C3 CUMBERLAND COUNT' PENNSYLVANIA JANET COSTELLA IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CENTER FOR SCHOOLS AND COMMUNITIES and CENTRAL SUSQUEHANNA INTERMEDIATE UNIT NO. 1707 20 12 Defendant Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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, YQU MAY LOSE MONEY OR PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-880-8108 717.248-3166 TRUE COPY FROM RECORD M 1a*wxjY whKad, I We unb_ set my hand and of aid 'at efe; P o t d of 20 Gam- ry Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 4 of 18 In Cumberland County Court of Common Pleas of Pennsylvania JANET COSTELLA, No. 12-1707 Civil Term Plaintiff vs. CENTER FOR SCHOOLS AND COMMUNITIES and CENTRAL SUSQUEHANNA INTERMEDIATE UNIT Defendants COMPLAINT AND NOW COMES, Plaintiff, Janet Costella, by and through her Counsel, Geoffrey S. McInroy, Esquire, and the law firm of Owens Barcavage & McInroy, LLC, and hereby files this Complaint alleging violations of the Pennsylvania Human Relations Act, 43 P.S. §951-963 (PHRA); the Americans With Disabilities Act of 1990, as amended, 42 U.S.C. §12101, et, seq. (ADA); and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000(e), et. seq. (Title VII); arising out of the conditions in termination of her employment with Central Susquehanna Intermediate Unit, and avers as follows: JURISDICTION AND VENUE 1. Jurisdiction is appropriate in this Court as the subject unlawful discriminatory employment practices complained of occurred in Cumberland County, Pennsylvania. 2. Venue is proper because all parties do business in this jurisdiction and the causes of action arose in Cumberland County, Pennsylvania. Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 5 of 18 3. Plaintiff filed a Complaint with the PHRC alleging disability discrimination. It was dually filed with the EEOC. 4. A Notice of Right to Sue was issued by the EEOC on December 19, 2011. (A copy is attached as Exhibit A). PARTIES 5. Paragraphs 1 through 4 are incorporated herein by reference as if fully set forth a length. 6. Plaintiff, Janet Costella, resides at 400 Big Mount Road, Thomasville, York County, PA 17364. 7. Defendant, Center for Schools and Communities, is located at 275 Grandview Avenue, Suite 200, Camp Hill, Cumberland County, 17011. 8. Defendant, Central Susquehanna Intermediate Unit, is located at P.O. Box 213 Lewisburg, Union County, PA 17837. FACTS 9. On or about 2002, Plaintiff suffered from multiple chemical sensitivities. 10, On or about March 20, 2006, Plaintiff was hired by Defendant Center for School, and Communities in the position of administrative assistant. 11. On or about April 20, 2006 (when Plaintiff was initially hired by Defendant Center for Schools and Communities), she notified the Manager at the Center for Schools and Communities, Darlene Dwyer, and Shelly Ritter, Human Resource Manager for the Central Susquehanna Intermediate Unit, of Plaintiffs physical impairment. 2 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 6 of 18 12. Plaintiff s physical impairment causes her to have the following symptoms an attack: including (but not limited to) instant asthmatic allergic reaction, loss of voice, breathing difficulty, choking, confusion, dizziness and/or blurred vision. 13. It is expected that Plaintiff s disability will be lifelong. 14. Plaintiff was, and is, able to perform the essential job functions with reasonable accommodation of working in an environment that is free of smoke, perfumes, scents, and chemicals, despite her diagnosis of multiple chemical sensitivities. COUNT 1 AMERICANS WITH DISABILITIES ACT AS AGAINST DEFENDANT CENTRAL SUSQUEHANNA INTERMEDIATE UNIT 15. Paragraphs 1 through 14 are incorporated herein by reference as if fully set forth at length. 16. Defendant employees 50 or more employees, and is an "employer" under the ADA. 17. On or about July 2004, the Plaintiff was diagnosed with sensitivities to chemicals consistent with Multiple Chemical Sensitivity. 18. On or about April 2006, the Defendant Employer was requested to limit Plaintiff s exposure triggers in the work environment that exacerbated the Plaintiff s condition. 19. On or about March, 2007 (and again around April and August 2009), the Defendant Employer requested and was provided written confirmation of the Plaintiff s need for accommodations. 3 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 7 of 18 20. On or about March 2, 2007, and again April and August 2009, the Defendant Employer was requested to provide Plaintiff an air purifier with a carbon and HEPA filter in her workspace to reduce potential triggers. 21. The Plaintiff was given accommodations in the form of a small air purifier, a mask to wear, a notice to employees to refrain from using perfume in the bathroom and discontinuing the office use of strong smelling glue. 22. On or about February 6, 2009 Plaintiff wore the mask provided by her employer to go through smokers to get to the mailroom and she suffered an exacerbation of her chemical sensitivity and later discovered that the mask provided lacked filters. 23. On or about March 24, 2009 a sprinkler malfunction at 27 Grandview Avenue, Camp Hill, PA 17011 required chemical cleanup. 24. The Plaintiff suffered a severe exacerbation of her chemical sensitivity due to the chemicals used during the cleanup. 25. Plaintiff was forced to file a Worker's Compensation claim. 26. On or about May 4, 2009, the Plaintiff requested formalized written accommodations for her diagnosis of Multiple Chemical Sensitivity from her employer, who did not expeditiously respond until August 17, 2009.. 27. On or about August 17, 2009 the Defendant Employer responded to Plaintiffs request for formalized written accommodations. 28. The August 17, 2009 accommodations were woefully inadequate and failed to address the issues Plaintiff requested in her May 4, 2009 request for accommodations. 4 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 8 of 18 29. Plaintiff consistently and repeatedly reminded the Defendants of her disability in oral and written form, and on or about August 21, 2009, Ritter submitted an "accommodation plan" to Plaintiff in response to her requests for formalized written accommodations. 30. The "accommodation plan" was not followed (and/or enforced) and Ritter to make any amendments or communicate with Plaintiff about problems and/or issues with the plan and simply stated on September 18, 2009 that "The accommodation plan is final". 31. Defendant refused to enforce the accommodations and instead just requested employees to refrain from using strongly scented products (failing to institute an enforcement policy limiting scents and chemical use or educating co-workers on Multiple Chemical Sensitivity (MCS)). 32. Defendant refused to enforce a designated smoking area at least fifty feet away from the building and away from the back entrance of the building, preventing the possibility of a clean and toxic-free path to the second floor. 33. Defendant failed to work with the landlord to obtain the owner's permission or to negotiate an exception to the terms of the lease to move the smoking area of the front and back entrances 50 feet away from the doorways and building. 34. Plaintiff was not notified by the Defendant when there was cleaning with chemicals or spraying of chemicals in the lobby and/or building. 35. Defendant called 911 in September 2009 when Plaintiff had an allergic reaction, even after Plaintiff requested Defendant not to do so (and the physician confirmed to Defendant it wasn't necessary) and such a response was not one of the original accommodation requests. 36. Defendant required Plaintiff to wear a mask to ostensibly avoid allergic reaction, but the mask lacked filters and failed to prevent an allergic reaction. 5 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 9 of 18 37. Defendant singled out Plaintiff and subjected her to the ridicule and jokes of her co-workers about her disability. 38. Defendant refused to allow Plaintiff a reasonable accommodation of her work schedule to a flexible work schedule to a time when her surroundings were least problematic, specifically during the Sam to 4 pm shift. 39. Defendant also refused to allow Plaintiff to return to work and forced her on to FMLA due to their refusal to reasonably accommodate the Plaintiff and refusal to set up intermittent FMLA leave for Plaintiff as a reasonable accommodation. 40. Defendant forced Plaintiff to use vacation time and/or unpaid leave whenever the Plaintiff was forced to avoid the workplace due to an allergic reaction to something in the workplace. 41. Defendant penalized Plaintiff for work missed during forced leaves. 42. Plaintiff signed the Accommodation Plan on February 16, 2010 and May 13, 2010, but was terminated on July 7, 2010. 43. Defendant refused to hold open Plaintiff's job, offer an equivalent position, or reassign Plaintiff to a vacant position as a reasonable accommodation before terminating on July 7, 2010. 44. As a direct and/or proximate result of the above described discriminatory conduct of the Central Susquehanna Intermediate Unit, Ms. Costella suffered professional injuries, including but not limited to her professional reputation, professional development, loss of benefits (including back and front pay), loss of increase in salary, loss of potential promotions, compensatory damages from emotional pain and suffering, inconvenience, mental anguish, loss 6 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 10 of 18 of enjoyment of life, aggravation of condition, as well as punitive damages, costs and attorney fees. COUNT 2 FOR SCHOOLS AND COMMUNITIES 45. Paragraphs 1 through 44 are incorporated herein by reference as if fully set forth at length. 46. On March, 20, 2006, Plaintiff was hired by Defendant, The Center For Schools And Communities. 47. On or about April 20, 2006, Plaintiff informed Defendant, The Center For Schools And Communities of her diagnosis of chemical sensitivities. 48. Plaintiff's physical impairment causes her to have the following symptoms an attack: including (but not limited to) instant asthmatic allergic reaction, loss of voice, breathing difficulty, choking, confusion, dizziness and/or blurred vision. 49. The Plaintiff was (and is) able to perform the essential job functions with reasonable accommodation of working in an environment that is free of smoke, perfumes, scents, and chemicals.. 50. The Plaintiff asked that reasonable accommodations should be made to make a safe work environment for Plaintiff so she could work without having contact with the aforementioned triggers. 51. On or about August 21, 2009 the Defendant, The Center For Schools and Communities formulated an "Accommodation Plan" in response to Plaintiff s requests for an accommodation. 7 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 11 of 18 52. The Center For Schools and Communities refused to enforce the by just requesting employees to refrain from using strongly scented products and not instituting an enforcement policy limiting scents and chemical use or educating co-workers on Multiple Chemical Sensitivity. 53. The Center For Schools and Communities refused to enforce a designated smoking area at least fifty feet away from the building and more specifically at least fifty feet from the front and back entrances to the building. 54. The Center For Schools and Communities refused to communicate as a part of an ongoing interactive process regarding the "Accommodation Plan" and modify the same as recommended by the Defendant's doctors. 55. The Center For Schools and Communities refused to relocate Plaintiff to a low traffic area or to an office work-space in an area that would not exacerbate Plaintiff's chemical sensitivities. 56. The Center For Schools and Communities has failed to notify the Plaintiff (consistent with the Accommodation Plan) in advance when there was cleaning with chemicals or spraying in or around the building. 57. The Center For Schools and Communities feigned accommodation by providing a mask and placing signs stating "fragrances free area", but never urged its staff to take the "accommodations" seriously and the result was further isolation of the Plaintiff and mocking of her disability. 58. Defendant forced Plaintiff to use vacation time and/or unpaid leave whenever the Plaintiff was forced to avoid the workplace due to an allergic reaction to something in the workplace. 8 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 12 of 18 59. None of the accommodations recommended by her physicians or in the Accommodation Plan imposed an undue burden on The Center For Schools And Communities. 60. As a direct and/or proximate result of the above described discriminatory of the Center for Schools and Communities, Ms. Costella suffered professional injuries, including but not limited to her professional reputation, professional development, loss of benefits (including back and front pay), loss of increase in salary, loss of potential promotions, compensatory damages from emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, aggravation of condition, as well as punitive damages, costs and attorney fees. COUNT 3 THE CENTER FOR SCHOOLS AND COMMUNITY"S VIOLATION OF THE PENNSYLVANIA HUMAN RELATIONS ACT 43 P.S. & 951. T SEO 61. Paragraphs 1 through 60 are incorporated by reference as though fully set forth herein. 62. Ms. Costella was an employee of the Center for Schools and Communities as the term is defined by the PHRA. 63. The Center for Schools and Communities employs four or more persons within the Commonwealth of Pennsylvania and is an employer as defined by the Pennsylvania Human Relations Act (PHRA). 9 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 13 of 18 64. Ms, Costella was (and continues to be) qualified to perform the essential duties her position with the Center for Schools and Communities, with or without reasonable accommodations. 65. Ms. Costella is a qualified individual with a disability in that Ms. Costella suffers from a disability (Multiple Chemical Sensitivity or "MCS"), and The Center for Schools and Communities was aware of her disability and saw Ms. Costella as she suffered from her disability. 66. The Center for Schools and Communities discriminated against Ms. Costella based upon her disability or perceived disability by: (a) failing to preserve confidentiality with respect to her disability and accommodations, (b) failing to uniformly apply its policies, (c) failing to afford Ms. Costella reasonable accommodations, (d) failing to follow or modify its own Accommodation Plan as it had promised to do, (e) subjecting Ms. Costella to termination and/or the equivalent of termination, and (f) subjecting Ms. Costella to ridicule and embarrassment from her co-workers. 67. Ms. Costella's disability was not job related. 68, The Center for Schools and Communities permitted and allowed the discriminatory behavior of its employees and supervisors against Ms. Costella. 69. Ms. Costella was discriminated against on the basis of her disability and in violation of the PHRA. 70. The Center for Schools and Communities should have known that its failure to enact a policy for enforcement of accommodations thereby subjected Ms. Costella to discrimination based upon her disability, 10 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 14 of 18 71. As a direct and proximate result of the above described discriminatory actions by The Center for Schools and Communities, Ms. Costella suffered physical injury, and financial injury including but not limited to loss of past earning (including back and front pay), future of earnings, loss of earnings potential, and loss of benefits. 72. As a direct and/or proximate result of the above described discriminatory of The Center for Schools and Communities, Ms. Costella suffered professional injuries, including but not limited to her professional reputation, professional development, loss of benefits, loss of increase in salary, and loss of potential promotions, compensatory damages emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, aggravation of condition, entitling her to damages, punitive damages and attorney fees. C„ OUNT 4 CENTRAL SUSUEHANNA INTERMEDIATE UNIT'S VIOLATION OF THE PENNSYLVANIA HUMAN RELATIONS ACT 12 P.S. 4 951, ET SEO. 73. Paragraphs 1 through 72 are incorporated by reference as though fully set forth herein. 74. Ms. Costella was an employee of the Central Susquehanna Intermediate Unit as the term is defined by the PHRA. 75. Central Susquehanna Intermediate Unit employs four or more persons within the Commonwealth of Pennsylvania and is an employer as defined by the Pennsylvania Human Relations Act (PHRA). 11 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 15 of 18 76. Ms. Costella was (and continues to be) qualified to perform the essential duties her position with the Central Susquehanna Intermediate Unit, with or without reasonable accommodations. 77. Ms. Costella is a qualified individual with a disability in that Ms. Costella suffers from a disability (Multiple Chemical Sensitivity or "MCS") and Central Susquehanna Intermediate Unit was aware of her disability and saw Ms. Costella as she suffered from her disability. 78. Central Susquehanna Intermediate Unit discriminated against Ms. Costella based upon her disability or perceived disability by: (a) failing to preserve confidentiality with respect to her disability and accommodation, (b) failing to uniformly apply its policies, (c) failing to afford Ms. Costella reasonable accommodation, (d) failing to follow or modify its own Accommodation Plan as it had promised to do, (e) subjecting Ms. Costella to termination and/or the equivalent of termination, and (f) subjecting Ms. Costella to ridicule and embarrassment from her co-workers. 79. Ms. Costella's disability was not job related. 80. Central Susquehanna Intermediate Unit permitted and allowed the discriminatory behavior of its employees and supervisors against Ms. Costella. 81. Ms. Costella was discriminated against on the basis of her disability and in violation of the PHRA. 82. Central Susquehanna Intermediate Unit should have known that it was not applying its policies properly thereby subjecting Ms. Costella to discrimination based upon her disability. 12 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 16 of 18 83. As a direct and proximate result of the above described discriminatory actions by Central Susquehanna Intermediate Unit, Ms. Costella suffered physical injury, and financial injury including but not limited to loss of past earning, future loss of earnings, loss of earnings potential, and loss of benefits. 84. As a direct and/or proximate result of the above described discriminatory of Central Susquehanna Intermediate Unit, Ms. Costella suffered professional injuries, including but not limited to her professional reputation, professional development, loss of benefits (including back and front pay), loss of increase in salary, and loss of potential promotions entitling her to damages, compensatory damages from emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, aggravation of condition, punitive damages, attorney fees and costs. COUNT 5 PUNITIVE DAMAGES 85. Plaintiff incorporates by reference paragraphs 1-84 as though fully set forth herein, 86. Defendant's conduct as set forth above constitutes egregious, outrageous and wanton conduct. 87. Defendant's conduct as set forth above was intentional and willful. Date:07/11/2012 slGeoff rev S. McIryo?_ Geoffrey S. McInroy, Esquire I.D. No. 87876 Owens Barcavage & McInroy, LLC 13 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 17 of 18 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 14 Case 1:12-cv-01506-JEJ Document 1-2 Filed 08/03/12 Page 18 of 18 VERIFICATION 1, Janet Costella, certify under penalty of 18 Pa,C.S, § 4904, related to Unsworn Falsification to Authorities, that the averments of fact in the foregoing Complaint are true and correct upon my personal knowledge, or information and belief. Date 7 / c5le.?'?: - net Costella JS 44 (Rev. 09/11) Case 1:12-cv-01506LJf*1LD a0"1#A1 f #108/03/12 Page 1 of 2 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required 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 Clerkktof Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEX7' PAGE OF TN1S FORM.) 1. (a) PLAINTIFFS DEFENDANTS Janet Costella Center for Schools and Communities, Central Susqueh anna Intermediate Unit (b) County of Residence of First Listed Plaintiff Cumberland _ County of Residence of First Listed Defendant Northumberl and (EXCEPT IN US PLAINTIFF CASES) (JN U.S PLAIN77F'F CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (!f Known) Geoffrey S. McInroy Esquire, Owens, Barcavage & Mclnroy, Christopher J. Conrad, Esquire, Marshall Dennehey, 200 Crums LLC, 2595 Interstate Drive, Ste 101, Harrisburg, PA 17110, (7 17) Mill Road, Ste B, Harrisburg, PA 17112 (717) 651-3 31 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in a Boxfor Plainfiff) (For Diversity Cases Only) and One Box f Defendant) ? I U.S. Government ® 3 Federal Question PTF DEF PTF DEF Plaintiff (U, S. Government Not a Party) Citizen of This State ? 1 ? I Incorporated or Principal Place ? 4 ? 4 of Business In This State ? 2 U.S. Government ? 4 Diversity Citizen of Another State ? 2 ? 2 Incorporated and Principal Place ? 5 ? 5 Defendant (indicate Citizenship of Parties in Item 111) of Business In Another State Citizen or Subject of a ? 3 ? 3 Foreign Nation ? 6 ? 6 Foreign Country IV. NATURE OF SUIT (Place an "X" in One Box Only) COWMACT TORTS rommonAtMEMLry , ; C ? 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure ? 422 Appeal 28 USC 158 ? 375 False aims Act ? 120 Marine 310 Airplane ? 365 Personal Injury - of Property 21 USC 881 ? 423 Withdrawal ? 400 State R apportionment ? 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 ? 410 Anlitfu I ? 140 Negotiable Instrument Liability ? 367 Health Care/ ? 430 Banks nd Banking ? 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPEATV )OPHTS ? 450 Comm rce & Enforcement of Judgment Slander Personal Injury 820 Copyrights ? 460 Deport tion ? 151 Medicare Act 330 Federal Employers' Product Liability ? 830 Patent ? 470 Racket er Influenced and ? 152 Recovery of Defaulted Liability ? 368 Asbestos Personal ? 840 Trademark Con-up, Organizations Student Loans 340 Marine Injury Product ? 480 Consu er Credit (Excl. Veterans) 345 Marine Product Liability LAB 9QCFA) • ,,. ? 490 Cable/ at TV ? 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Farr Labor Standards 861 H IA (1395 ff) ? 850 Seeurit es/Commodities/ of Veteran's Benefits 350 Motor Vehicle ? 370 Other Fraud Act ? 862 Black Lung (923) Excha go ? 160 Stockholders' Suits 355 Motor Vehicle ? 371 Truth in Lending 720 Labor/Mgmt. Relations ? 863 DIWC/DIWW (405(g)) ? 890 Other atutory Actions ? 190 Other Contract Product Liability ? 380 Other Personal 740 Railway Labor Act ? 864 SSID Title XVI ? 891 Agncu unal Acts ? 195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical ? 865 RSI (405(g)) ? 893 Enviro mental Matters ? 196 Franchise Injury ? 385 Property Damage Leave Act ? 895 Freedo of Information 362 Personal Injury - Product Liability 790 Other Labor Litigation Act Med. Malpractice 791 Empl. Ret. Inc. ? 896 Arbitra ion WAL _ TinoNs", " Security Act TAX ? 899 Admini strative Procedure 210 Land on mnation 440 er Civil Rights 510 Motions to Vacate LJ 870 Taxes (U.S. Plaintiff Act/Re iew or Appeal of ? 220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision ? 230 Rem Lease & Ejectment 442 Employment Habeas Corpus: ? 871 IRS--Third Party ? 950 Constit uionality of ? 240 Torts to Land 443 Housing/ ? 530 General 26 USC 7609 State S tutes ? 245 Tort Product Liability Accommodations ? 535 Death Penalty !MM GRATION ? 290 All Other Real Property 445 Amer. w(Disabilities - ? 540 Mandamus & Other 2 Naturalization Application Employment ? 550 Civil Rights 463 Habeas Corpus - 446 Amer. w/Disabilities • ? 555 Prison Condition Alien Detainee Other ? 560 Civil Detainee - (Prisoner Petition) 448 Education Conditions of 465 Other Immigration Confinement Actions V. ORIGIN (Place an "X" in One Box Only) Transferred from ? 1 Original ®2 Removed from ? 3 Remanded from ? 4 Reinstated or ? 5 another district ? 6 Multidistrict Proceeding State Court Appellate Court Reopened s ci Litigation Cite the U. Civil Statute under which you are filing (Do not cite Jurisdictional statute unless diverdly): VI CAUSE OF ACTION Americans with Disabilities Act, 42 U.S.C. §12101 et seq. . Brie description o cause: Alleged employment discrimination V11. KEQUES-1'ED IN a CHECK IF THIS IS A CLASS ACTION uGmwivu a t-MUN r b5 only it aemanaea in cvmpiarm; COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ®Ycs ONO VIII. RELATED CASE(S) (See instrucumrs): IF ANY JUDGE DOCKET NUMBER Cumberland Cou ty, 12-1707 nnTF UrMATURP C)17 ATTnRWFV nF RFrnRn 08/03/2012 RECEIPT 4 AMOUNT APPLYING IFP JUDGE MAO. JUDGE JS 44 Reversc (Rev. 09111) Case 1:12-cv-01506-JEJ Document 1-3 Filed 08/03/12 Page 2 of 2 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 they 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 Sept mber 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 o the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: 1. (a) Plaintiff's-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is it govemm nt agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plainti resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on n attachment, noting in this section "(see attachment)". II, Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. lace an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included herd United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, th citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III, Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above, Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section Vi below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more han one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 141. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 107. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cit jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand, Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, i sert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.