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HomeMy WebLinkAbout06-4784 . CLORISA BLANKENSHIP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . ; DOCKET NO.: 0 l4 - 41 j'4 c.\oI;l -fe.,rN\. ROBERT G. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIA nON 32 South Bedford St. Carlisle, PA 17013 717-249-3166 1-800-990-9108 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. dernandas que se presentan mas adelante en las sigt dentro de los pr6ximos veinte (20) dias despues de A viso radicando personalmente 0 por medio de un ab< radicando en la Corte por escrito sus defensas de presentadas aqui en contra suya. Se Ie advierte de OR\GlNAL como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier surna de dinero rec1amada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional, Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN, CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, PA 17013 717-249-3166 1-800-990-9108 JAMES, SMIlli, DIETIERICK & CONNELLY, LLP Dated: ~? qOdJ. By: ~/2J.,.Lf Susan , adel, Esquire Attorney 1.D, #44837 Courtney 1. Kishel, Esquire Attorney 1.D. #81509 P,O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff , . Susan M. Kadel, Esquire PA 1.D. No. 44837 Courtney L. Kishel, Esquire PA 1.D. No. 81509 James, Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 CLORISA BLANKENSHIP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . ; DOCKET NO.: 0 r. - '17 f"t ~ T;..,.... ROBERT G. SULLIVAN, Defendant : CML ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Clorisa A. Blankenship, by and through her counsel Susan M, Kadel, Esquire, Courtney 1. Kishel, Esquire and James, Smith, Dietterick & Connelly, LLP, and brings the within Complaint against the Defendant, Robert G. Sullivan, and in support thereof, avers the following: 1. Plaintiff is Clorisa Blankenship, an adult individual who currently resides at 110 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 2, Defendant, Robert G, Sullivan, is an adult individual whose last known address is 2211 King Street, Alexandria, Virginia, 22301. 3. On or about August 23, 2004, at approximately 6:57 p,m" Plaintiff was a patron at the Capital City Mall, a shopping mall located in Lower Allen Township, Cumberland County, Pennsylvania. 4. At all times relevant hereto, Plaintiff was standing in a public area of the mall known as the "food court", 5. Plaintiff was accompanied by her adult friend, Carrie Warlick. . , 6, Defendant Sullivan walked behind the Plaintiff and bent down behind her with his cell phone in his hand, 7, Defendant Sullivan then placed his cell phone, which had the capability of taking digital photographic images, underneath the Plaintiff's skirt. He proceeded to take a digital photograph of the Plaintiff's buttocks and genital area with his cell phone. Plaintiff's buttocks and genital area were partially covered by partially transparent thong underwear, 8, Plaintiff was unaware of Defendant Sullivan's actions until her friend, Ms, Warlick, advised her that Defendant Sullivan had engaged in the aforementioned behavior. 9, At no time relevant herein, did Plaintiff authorize Defendant Sullivan to take a photograph of her or any part of her anatomy. 10, Plaintiff had a reasonable expectation of privacy under her clothes, which were neither revealing nor transparent. 11. The photograph taken from Defendant Sullivan's cell phone depicts Plaintiff's buttocks and genital area, which were partially covered by partially transparent thong underwear, 12, At all times relevant herein, Defendant Sullivan's conduct was intentional, 13. The conduct of Defendant Sullivan constituted an intentional intrusion on the seclusion of Plaintiff's privacy. 14. Defendant Sullivan's invasion of Plaintiff's privacy was substantial and highly offensive to a reasonable person such as the Plaintiff. Defendant Sullivan photographed parts of Plaintiff's body without her knowledge or permission, which she . , could reasonably expect to be free from exposure to Defendant Sullivan or other individuals. 15. As a direct and proximate result of Defendant Sullivan's intentional conduct, Plaintiff suffered embarrassment, humiliation, mental suffering, shame and emotional distress. 16, Plaintiff will continue to suffer emotional distress in the future as a result of the intentional conduct of Defendant Sullivan as described above. 17, The aforementioned injuries to the Plaintiff were caused solely by the intentional tortious conduct of Defendant Sullivan, and were in no manner due to any act or failure to act on the part of the Plaintiff. WHEREFORE, Plaintiff, Clorisa Blankenship, demands judgment in her favor against the Defendant, Robert G, Sullivan, in an amount in excess of Thirty Five Thousand and 00/100 Dollars ($35,000,00) for the claims set forth herein, together with interest from the date of loss, and all other relief deemed just and appropriate by this Honorable Court. Dated: ':<I,.::? Cd ~ By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP d1 )4.& Susan , Kadel, Esquire Attorney 1.D. #44837 Courtney 1. Kishe1, Esquire Attorney 1.D. #81509 P.Q, Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiff, Clorisa Blankenship " . VERIFICATION I, Clorisa Blankenship, verify that the statements made in the foregoing Petition are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.s, Section 4904 relating to unsworn falsification to authorities, Date: ,4 ~~~ AuJ 1'6', ;J.0cJr;, -;0::::. ~ _. ~ ~ "" ~ \>-\ v~'0 ..Si V' EO'b -J ..J j v" \ ....... "'" "'" Q"" (") C ? -0\:)] rr; t~_:; ~ . :2: \ ~ ' (!) ~.t;:~ "'r.:-.r-- ;:,."" i ...-.!- j"c' 7" :2 ~ G'> N - ..... ~ ~ -.L r '" -~ ~ (OJ,. .. :l ~ "" \;> > l' 1:- -- -.z Q. ~ rn~ -;6q ~l) ........'''T"j .___~41 S,~(~ (Srn "'" ~ ~ ..;- 9 N N . . .. CLORlSA BLANKENSHIP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : DOCKET NO.: 06-4784 ROBERT G. SULLIVAN, Defendant : CIVIL ACTION - LAW . : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN ~ AND NOW, this ~ day of September, 2006 personally appeared before me, a Notary Public in and for the State and County aforementioned, Susan M. Kadel, Esquire, being duly sworn according to law, deposes and says that a copy of the Complaint filed in the above-captioned action was personally served on the Defendant, Robert G. Sullivan, on Thursday, August 31, 2006, at 8:31 o'clock a.m. via the Alexandria Sheriffs Office, 520 King Street, Suite 308, Alexandria, Virginia 22314, as evidenced by the letter and Proof of Service attached hereto. Sworn to and subscribed before me this g -!!:- day of September, 2006. ~;.~.~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria 8, laRue, Notary Public Derry Twp" Dauphin County My Commission Expires Nov, 8. 2009 Member. Pennsylvania Association of Notaries , . . -~~ ()~~ o~~ \J Q . ~]AMEs SMITH DffirrERTCK & CONNELLY LLP ~~\\ S J ~~\~S\\ ~Q.,~\~~~~ ~ ^.. .~~ .\-- G".""~~'l~ J \) ~UL~\~0~~~J~1\....J ~ \ ~~~ ~~fl'~Ugust 21: 20rr6 Susan M. Kadel Email: smk@isdc.com FAX 717.533.7771 VIA OVERNIGHT MAIL Alexandria Sheriffs Office 520 King Street, Suite 308 Alexandria, VA 22314 Re: Clorisa Blankenship v. Robert G. Sullivan No. 06-4784 Dear Sir or Madam: Please find enclosed the time-stamped Complaint in the above-captioned matter. It is my understanding that your office will complete service of this Complaint upon the following individual: Defendant, Robert G. Sullivan 2211 King Street Alexandria, VA 22301 I have also enclosed the service fee of$75.00 for service of the Complaint and a elf- addressed stamped envelope for return of the certified return of service. If you have any questions or concerns regarding this matter, please don't hesitate to contact me. SMK:hsd Enclosure cc: Clorisa Blankenship ~ ~ nr({;~/ p . f..,f 2-~-of, III c, b--J~i-':{ II ~ I \ \', IJ t I I { I .... J.5.).( PO BOX 650 HERSHEY, PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 WWW.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY. JR. SCOTT A. DIETTERICK JAMES F, SPADE MATTHEW CHABAL, III GREGORY K. RICHARDS SUSAN M, KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD p, SEEBER NEIL W, YAHN COURTNEY L. K L KIMBERLY EWITT JEF M, MCCORMICK OF COUNSEL BERNARD A. RYAN, JR. ~ ~ ~ '0 ?' - y U') -:s:- f'"' ~ ...... ..... c? ~ ~ .. $ r . DANA LAWHORNE SHERIFF J IN PERSON o FAMILY o POSTED ORA/CO COMMONWEALTH OF VIRGINIA OFFICE OF SHERIFF CITY OF ALEXANDRIA, VIRGINIA COURT NO, CASE o~,.., '--\ f)~Y PROOF OF SERVICE Executed by delivering a true copy of the (within/attached) pr~ess to the within named person IN PERSON, in the City of Alexandria, Virginia, this "J I day of 1/' , 20~, at ~ /1 m, The within named person could not be found at the individual's usual place of abode on the day of , 20_, at m, so I executed the (within/attached) process in my City of Alexandria, Virginia, by leaving a true copy of the same with who is a MEMBER of the (Defendant's/individual's) FAMILY and over the age of sixteen years, and by explaining its purport. Neither the within named person nor any person who is a member of the person's family, and over the age of sixteen years, could be found at the person's usual place of abode on the day of ,20_, at m., so the (within/attached) process was executed on said day, in my City of Alexandria, Virginia, by leaving a true copy of all the same, in writing, POSTED on the front door of the usual place of abode. Executed on the day of Alexandria, Virginia by delivering a true copy in person, who is the Corporation/or Department in the City of Alexandria, in which city the said resides, the said has its place of business. the principal office of the said Corporation/Department is located, FOR: , 20_, at m" in the City of of the (within/attached) papers to ofthe within named o NOT FOUND The within named person could NOT be FOUND in my City of Alexandria, Virginia, after diligent search, and does not maintain a usual place of abode therein, and the (within/attached) process could not be served in my jurisdiction, this day of , 20_, at m. RESULTS OF SERVICE NOT FOUND o Moved - address unknown o Information indicates: o Information indicates within-named does not live at within-mentioned address. o A reasonable effort has been made to locate the within-named person(s), Additional attempt will require supplementary information supplied by the Plaintiff. Attempts noted on original process, o Insufficient time was allowed upon presentment of this process for service, Special service must be authorized by the Sheriff of Alexandria. edge receipt in person the above referenced Legal Process, '" _06 DANA LAWHORNE ~~eri~~~ ~ Depu heriff . F-SHR-0029 (11/99) Signature (Defendant / Witness / Other) Date C) r,.) c::) c...::',,) ~;J '.,. , .f -n cr:. ; -j- ~ -'U (.) r,) Gee., CLORISA BLANKENSHIP, Plaintiff ROBERT G. SULLIVAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : DOCKET NO.: 06-4784 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above docket settled, satisfied and discontinued as to all parties in this action. Dated: ~ ~~ ;jtJIYf- By: Respectfully submitted, ~~cdP Susan . Kadel, Esquire ~ Attorney for Plaintiff, Clorisa Blankenship James, Smith, Dietterick & Connelly, LLP Post Office Box 650 Hershey, P A 17033 (717) 533-3280 Attorney I.D. No. 44837 (') r-J 0 c;;;::.::" c: <c::::> -0 f~, er- e;') ::?- .........-'... fil-iJ .' . -0 -oS; N ~~2Y '-" . ::; ~~ --- '" ..\ 1 v '~~: r) ~t;... c W (j rn ;:...t , ~ ~ .-<. N ~ '"