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DENNIS KENNEDY and I
BELEN M. COX, I
Plaintiffs I
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V. I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, I
CAROL FIRENZ, CAPELLINE I
PIVORNIC, PEGGY (MARGARITE) I
WHITE, PAUL STENGEL, I
Defendants I
NO. 94-6706 CIVIL TERM
IN REI DEFENDANTS' MOTION FOR JUDGMENT
ON THE PLEADINGS
BEFORE HOFFER and OLER. JJ.
ORDER OF COURT
AND NOW, this ,,,"tlt day of August, 1995, after careful
consideration of Defendants' motion for judgment on the pleadings,
and for the reasons etated in the accompanying opinion, the motion
is GRANTED and Plaintiffs' second amended complaint is DISMISSED.
BY THE COURT,
Scott M. Staller, Esq.
P.O. Box 264
New Bloomfield, PA 17068
Attorney for Plaintiffs
William A. Addama, Esq.
28 South pitt Street
P.O. Box 208
CarliDle, PA 17013
Attorney for Defondants
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DENNIS KENNEDY and
HELEN M. COX,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
I
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CIVIL ACTION - LAW
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS,
CAROL FIRENZ, CAPELLINE
PIVORNIC, PEGGY (MARGARITE)
WHITE, PAUL STENGEL,
Dofendants
.
.
NO. 94-6706 CIVIL TERM
IN REI DEFENDANTS' MOTION FOR JUDGMENT
ON THE PLEADINGS
BEFORE HOFFER and OLER. JJ.
OPINION and ORDER OF COURT
Oler, J.
This negligence action arises out of alleged harm suffered by
Dennis Kennedy while he resided in group homes operated by
Defendant Cumberland-Perry Association of Retarded Citizens (C-
PARC). Before the court for disposition is Defendants' motion for
judgment on the pleadings, based on Plaintiffs' failure to initiate
this action within the pertinent statute of limitations. For the
reasons stated in this Opinion, the motion will be granted and
Plaintiffs' second amended complaint will be dismissed.
STATEMENT OF FACTS
Plaintiff initiated this suit by filing a praecipe for a writ
of summons on November 23, 1994. The incidents giving rise to the
action allegedly took place from September 1980 through part of
1992.'
No incident for which Plaintiffs seek damages occurred
,
Plaintiffs' aecond amended complaint, paragraph 9.
NO. 94-6706 CIVIL TERM
after February of 1992.'
The facts averred in Plaintiffs' second amended complaint] may
be summarized as followSI' Plaintiff Dennis Kennedy (hereinafter
Plaintiff-Kennedy) is an adult individual with an address of
Selinsgrove Center,
Box 500,
Selinsgrove,
Snyder County,
Pennsylvania.' Plaintiff Helen Cox (Plaintiff-Cox) is an adult
individual with an address of R.D. 4, Box 173, Newport, Perry
County, Pennsylvania, and is the mother of Dennis Kennedy.'
Defendant Cumberland-Perry Association of Retarded Citizens
is an Association with a business address of 117 North Hanover
street, Carlisle, pennsylvania.7
Defendant Carol Firenz is an
adult individual whose business address is 117 North Hanover
Street, Carlisle, pennsylvania." Defendant Capelline Pivornic is
, See Defendants' answer with new matter to Plaintiffs'
second amended complaint, paragraph 120. rlaintiffs have admitted
that no alleged act of negligence on the part of C-PARC or any of
its employees occurred after February of 1992. See Plaintiffs'
reply to Defendants' new matter, paragraph 14.
, Plaintiff filed a second amended complaint on April 12,
1995, in response to preliminary objections filed by Defendants on
March 24, 1995.
, The recitation of facts as alleged in Plaintiffs' pleading
is in no way intended to imply a view by the court as to their
accuracy.
, Plaintiffs' second amended complaint, paragraph 1.
, Plaintiffs' second amended complaint, paragraph 2.
7 Plaintiffs' second amended complaint, paragraph 3.
" Plaintiffs' second amended complaint, paragraph 4.
2
NO. 94-6706 CIVIL TERM
an adult individual whose business address is The Center for
Industrial Training, 262 Silver Spring Road, Mechanicsburg,
pennsylvania.' Defendant Peggy White is an adult individual whose
last known address iB 320 Fourth Street, Rear, New Cumberland,
Pennsylvania.'. Defendant Paul Stengel is an adult individual whose
business address is ARC, Montgomery County, Continental Plaza, 1010
West Ninth Avenue, King of Prussia, Pennsylvania."
Plaintiff suffers from some sort of mental deficiency. As a
child of pre-school age, he was believed to be suffering from some
type of brain damage.'2 He has been diagnosed as being mildly to
moderately retarded."
Because of this mental deficiency,
Plaintiff-Cox has offered herself as Plaintiff-Kennedy's guardian
ad litem in this action."
During the period from September of 1980 to February of 1992,
Plaintiff-Kennedy resided in group homes opsrated by C-PARC. He
first entered a home when he was eighteen years old. 15 Sometime
,
Plaintiffs' second amended complaint, paragraph 6.
,. Plaintiffs' second amended complaint, paragraph 7.
11 Plaintiffs ' second amended complaint, paragraph 8.
12 Plaintiff's second amended complaint, paragraph 14.
" Plaintiffs' second amended complaint, paragraph 25.
.. See Plaintiffs' second amended complaint.
15 Plaintiff Kennedy was born July 10, 1962.
answer to Plaintiff's second amended complaint,
Plaintiffs' reply, paragraph 16.
See Defendants'
paragraph 118;
3
NO. 94-6706 CIVIL TERM
during his first stay at a group home, to which he was admitted in
the fall of 1980, it is alleged that Plaintiff-Kennedy was molested
and possibly sexually assaulted by a female staff member.1' A
second incident is alleged after Plaintiff-Kennedy was moved to
another group home, also operated by C-PARC, in December 198!.
Shortly after thia move, Plaintiff-Kennedy alleges that he observed
a male staff member molesting a female resident." In October 1989,
Plaintiff-Kennedy was moved to a third group home, also operated by
C-PARC, where he encountered a male ataff member who allegedly came
to work cross-dressed.1I Throughout this entire period, beginning
with the first incident, Plaintiff-Kennedy engaged in certain
inappropriate behavior that was sexual in nature and that C-PARC
staff members allegedly failed to properly address his problem.
With regard to the first two incidents, it is alleged that C-
PARC did not inform Plaintiff-Cox of them at the time they
occurred. She did not learn of the incident in which her son was
molested until Thanksgiving wsekend, 1992, when she was told of the
occurrence by him.
Plaintiffs' second amended complaint consists of a count in
negligence against each of the aforementioned Defendants for
failure to take corrective action or for taking inappropriate
10
See Plaintiffs' second amended complaint, paragraphs 21-30.
See Plaintiffs' second amended complaint, paragraphe 35-36.
See Plaintiffs' second amended complaint, paragraph 44.
4
17
II
NO, 94-6706 CIVIL TERM
action in regard to the incidents that took place under their
jurisdiction or management."
The negligence count against
Defendant White also seeks recovery for allegedly inappropriate
behavior toward Plaintiff-Kennedy.'o
In response to Plaintiffs' second amended complaint,
Defendants filed an answer with new matter asserting that the
statute of limitations bars the Plaintiffs' claim.'1
STATEMENT OF THE LAW
Pennsylvania Rule of Civil Procedure 1034 provides I
(a) After the pleadings are closed, but
within such time as not to delay the trial,
any party may move for judgment on the
pleadings.
(b) The court shall enter such judgment
or order as shall be proper on the pleadings.
In Williams v. Lew.is," the Pennsylvania Superior Court statedl
Judgment on the pleadings is only
appropriate where no material facts remain in
dispute. Pennsylvania Ass'n of State Mental
Hospital Physicians, Inc. v. State Emp.
Retirement Bd., 484 l:'a. 313, 399 A.2d 93
(1979). Only where the moving party's right
to prevail is ao clear that a trial would be a
fruitless exercise should a judgment on the
pleadings be entered. Nevling v. Natoli, 290
Pa. Super. 174, 434 A.2d 187 (1981).
Plaintiffs' second amended complaint, paragraphs 101-105.
Plaintiffs' second amended complaint, paragraph 101.
21 Defendant's answer with new matter to Plaintiffs' second
amended complaint, paragraph 120.
"
'0
"
319 Pa. Super. 552,555, 466 A.2d 682, 683 (1983).
5
NO. 94-6706 CIVIL TERM
The statute of limitations is a proper subject for a motion
for judgment on the pleadings. In this regard, it is observed in
Goodrich-Amram 2d 51034(a):18, at 258 (1991), as follows:
Where the defense of the statute of
limitations is properly raised as a new matter
in the answer, and it appears from the
allegations in the complaint that the statute
of limitations clearly bars the action, and
there io nothing in the plaintiff's pleadings
to avoid the bar of the statute, a motion for
judgment on the pleadings under Rule 1034 may
properly be brought on such ground.
Section 5524 of the Judicial Code states in pertinent part:
The following actions and proceedings
must be commenced within two years:
. * * .
(2) An action to recover damages for
injuries to the person or for the death of an
individual caused by the wrongful act or
neglect or unlawful violence or negligence of
another. 23
As a general rule, the two-year statute of limitations begins
to run "'.:1S soon as the right to institute and maintain a suit
arises; lack of knowledge, mistake, or misunderstanding do not toll
the running of the statute of limitations.' ,,24 A person asserting
a claim has the duty to use "all reasonable diligence to be
properly informed of the facts and circumstances upon which a
2' Act of July 9, 1976, P.L. 586, S2, as amended, 42 Pa. C.S,
55524 (1995 Supp.).
130
503
24 A. McD. v. Rosen, 423 Pa. Super. 304, 308, 621 A.2d 128,
(1993), quoting Pocono Int'l Raceway v. Pocono Produce, Inc.,
Pa. 80, 84, 468 A.2d 468, 471 (1983).
6
NO. 94-6706 CIVIL TERM
potential right of recovery is based and to inetitute suit within
the prescribed statutory period.""
In circumstances where the plaintiff cannot reasonably be
expected to be aware of the injury and its cause at the time of
occurrence, the "discovery rule" may apply to toll the statute of
limitations.a. The discovery rule hae been expressed as followsl
The limitations period begins to run 'when the
plaintiff knows or reasonably should knowl (1)
that he has been injured, and (2) that his
injury has been caused by another party's
conduct. ,31
The statute begins to run when the injured party " 'possesses
sufficient critical facts to put him on notice that a wrong has
been co~itted and that he need investigate to determine whether he
is entitled to redress.' "a8
In A. McD v. Rosen, the Superior Court cited with approval the
following description of the applicable standard of reasonable
diligence in this context I
The standard of reasonable diligence is an
objective or external one that is the same for
all individuals. It is not a subjective
standard. The fact that [a plaintiff] may
have lacked knowledge of his or her injury is
a,
Id.
a.
Id.
430,
A.2d
a1 Id., quoting Redenz by Redenz v. Rosenberg, 360 Pa. Super.
434, 520 A.2d 883, 885, allocatur denied, 516 Pa. 635, 533
93 (1987).
,. Id., quoting Brunea v. Gustin, 775 F. Supp. 844, 846 (W,D.
Pa. 1991).
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NO. 94-6706 CIVIL TERM
"irrelevant," "the etatute is tolled only if a
reasonable person in the plaintiff's position
would have been unaware of the salient facts."
In defining reasonable diligence, the courts
have stated "[t]here are very few facts which
diligence cannot discover, but there must be
some reason to awaken inquiry and dir~ct
diligence in the channel in which it would be
successful, This is what is meant by
reasonable diligence." Moreover, with respect
to knowledge of a claim, "plaintiffs need not
know that they have a cause of action, or that
the injury was caused by another party's
wrongful conduct, for once a plaintiff
poseesses the salient facts concerning the
occurrence of his injury and who or what
caused it, he has the ability to investigate
and pursue his claim.""
Thus, only where the injury is not readily discernible through
reasonable diligence can the "discovery rule" apply. ,.
As a general rule, Pennsylvania law does not appear to permit
the tolling of. a statute of limitations on account of an incapacity
of the particular plaintiff which allegedly impaired his or her
ability to discover the injury or its cause.'l Section 5533 of the
Judicial Code specifically provides as followSl
Except as otherwise provided by
infancy, insanity or imprisonment
extend the time limited . . .
commencement of a matter."
statute,
does not
for the
130
Pa.
" A. McD. v. Rosen, 423 Pa. Super. 304, 309, 621 A.2d 128,
(1993), quoting Bailey v. Lewis, 763 F. Supp. 802, 806-07 (E.D.
1991) .
,.
rd.
31 See Bailey v. Lewis, 763 F. Supp. 802, 808 (E.D. Pa. 1!191).
32 Act of April 28, 1978, P.L. 202, 510(62), as amended, 42
C.S. 55533(a) (1995 Supp.).
Pa.
8
NO. 94-6706 CIVIL TERM
Additionally, Pennsylvania courts have coneistently stated that the
statute of limitations runs against a person who is under a
disability, including one who is mentally incompetent." Thus, ae
a general rule, the "'inclusion of a plaintiff's mental incapacity
as a factor to be considered in determining the reasonableness of
a plaintiff' e diligence runs counter to the [reasonable pereon
standard].'"'' The purpose behind such a rule is as follows I
"[P]ermitting the deferment of the institution
of a personal injury claim uutil the end of a
prospective plaintiff's period of disability
seriously prejudices the peraon against whom
the suit is brought. With the passage of
time, a defendant may be hard pressed to
assert his innocence of wrongdoing, for his
evidence may disappear or become unavailable,
his witnesses scatter and die and their
memoriea become dim.""
APPLICATION OF LAW TO FACTS
The incidents for which Plaintiffs seek recovery occurred
between 1981 and February of 1992.
Since Plaintiff did not
initiate the action until November of 1994, the two-year
limitations period would normally bar Plaintiffs' claim.
Plaintiffs, however, contend that the discovery rule requires the
" See A. McD. v, Rosen, 423 Pa. Super. 304, 621 A.2d 128, 131
(1993) (holding that appellant's continuing need of psychiatric
treatment did not toll the running of the statute of limitations).
,. E.J.M. v. Archdiocese of Philadelphia, 424 Pa. Super. 449,
459, 622 A.2d 1388, 1394 (1993), quoting A. McD. v. Rosen, 423 Pa.
Super. 304, 310, 621 A.2d 128, 131 (1993).
" Bailey v. Lewis, 763 F. Supp. 802, 808 (E.D. Pa. 1991),
quoting Walker v. Mummert, 394 Pa. 146, 151-52, 146 A.2d 289, 291
(1958) .
9
NO. 94-6706 CIVIL TERM
statute of limitations to be tolled due to Plaintiff-Kennedy's
mental disability.
Plaintiff-Konnedy's assert~on that he was unable to pursue his
legal rights due to his mental disability is not in itself directly
relevant to our decision. Rather, Pennsylvania law requires us to
examine the facts, utilizing ar. objective standard.
As previously stated, once a plaintiff possesses the salient
facts regarding the occurrence of his or her injury and the
identity of the alleged wrongdoer, a plaintiff has the obligation
to pursue his or her claim. The plaintiff does not need to know
that he or she has a cause of action or that what was happening to
him or her was abusive or wrongful. We conclude that a reasonable
person in Plaintiff-Kennedy's situation would have been aware of
these salient facts as they occurred. with respect to the three
incidents discussed previously, Plaintiff-Kennedy purportedly
witnessed the alleged wrongdoing and the employees involved. He
must be regarded as having been in possession of all the important
facts, and under the law he had an obligation to initiate his claim
within the applicable two-year limitations period.
with regard to the claim of Plaintiff-Cox, the record fails to
suggest a basis for an independent cause of action on her part, and
her claim as guardian ad litem would be derivative of Plaintiff-
Kennedy's claim. For the foregoing reasons, the following Order
will be entered:
10
NO. 94-6706 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of August, 1995, after careful
consideration of Defendants' motion for judgment on the pleadings,
and for the reasons stated in the accompanying opinion, the motion
is SUSTAINED and Plaintiffs' second amended complaint is DISMISSED.
BY TilE COURT,
s/ J. Wes1ev 01er. Jr.
J. Wesley Oler, Jr., J.
Scott M. Staller, Esq.
P.O. Box 264
New Bloomfield, PA 17068
Attorney for Plaintiffs
William A. Addams, Esq.
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
Attorney for Defendants
Irc
11
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
NO. 94-6706
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
CIVIL ACTION - LAW
BRIEF OF DEFENDANTS IN SUPPORT OF
MOTION FOR JUDGMENT ON THE PLEADINGS
FACTS
This action waR commenced by writ of summons on November 23,
1994 against cumberland-Perry Association of Retarded citizens,
Department of Public Welfare, and thirteen individual defendants.
A complaint was filed on January 11, 1995 which prompted
preliminary objections by all defendants. On May 12, 1995 Your
Honorable Court issued an order sustaining the demurrer and
dismissing the complaint as to the Department of Public Welfare.
The plaintiffs filed an amended complaint on February 21,
1995. In response to preliminary objections, the plaintiffs have
filed a second amended complaint. stipulations of the parties
have been filed discontinuing the action against various
individual defendants.In the latest pleading the plaintiffs list
only CPARC, Carol Firenz, capelline pivornic, Peggy White, and
Paul Stengel, as defendants. They have filed an answer with new
matter raising the statute of limitations as an affirmative
defense. The plaintiffs filed their reply which was followed by
the defendants' motion for judgment on the pleadings.
The facts as alleged by the plaintiffs are succinctly set
forth in Judge Oler's opinion and order of court of Hay 12, 1995
sustaining the Department of Public Welfare's preliminary
objections in the nature of ~ demurrer. The court noted::
This is an action for damages filed by Plaintiffs
arising out of alleged harm suffered by Dennis Kennedy
while he resided in various group homes operated by
Defendant Cumberland-Perry Association of Retarded
citizens (C-PARC). . . .
The facts as averred
be summarized as follows:
is an adult individual. .
is an adult individual. .
Dennis Kennedy. . . .
The incidents giving rise to this
took place from September 1980 through
period, Plaintiff-Kennedy, who suffers
of mental deficiency, resided in group
C-PARC.
The incidents for which Plaintiffs seek damages
are sexual in nature. It is alleged that sometime during
his first stay at a group home operated by C-PARC, to
which he was admitted in the fall of 1980, Plaintiff-
Kennedy was molested and possibly sexually assaulted
by a female staff member. A second incident allegedly
occurred after Plaintiff-Kennedy was moved to another
group home, also operated by C-PARC, in December of
1981. According to Plaintiffs, shortly after this
move, Plaintiff-Kennedy observed a male staff member
molesting a female resident. In October 1989 Plaintiff-
Kennedy was moved to a third group home, also operated
by C-PARC, where it is alleged he encountered a male
staff member who came to work cross-dressed.
Throughout this entire period, beginning with the
first incident, it is alleged that the Plaintiff-
Kennedy displayed various episodes of inappropriate
behavior that was sexual in nature and that was not
properly addressed by C-PARC staff members. (Footnotes
omitted). opinion pp 1-3.
in Plaintiffs' Complaint may
Plaintiff Dennis Kennedy. . .
. . Plaintiff Helen Cox. . .
. and is the mother of
action allegedly
1992. During this
from some sort
homes operated by
The plaintiffs have admitted the defendants' allegations in
their answer with new matter that Dennis Kennedy was born
-2-
July 10, 1962 (!118), that the action was commenced by a writ of
summons on November 23, 1994 (!119), and that no alleged act of
negligence on the part of CPARC or its employees occurred after
February of 1992 (!116). The defendants stated in Parag~aph 115
that, "Plaintiff Dennis Kennedy was aware of and knew of the
alleged acts set forth in the complaint which are claimed to be
tortious as they were occurring," to which the plaintiffs
replied:
Regarding paragraph (115), this paragraph is
denied insofar as it implies a legal conclusion that
Dennis Kennedy had the understanding to report the
tortious acts to proper authority or even to family
members or was competent legally or practically to
assert his legal rights. Dennis Kennedy must live
in a supervised environment because although he knows
how to bathe and dress himself, he does not have the
understanding to grasp concepts such as would a
person of normal intelligence. Therefore Dennis
Kennedy is, as a practical matter, under a disability
and should not be held to the same standard as a
person of normal intelligence.
ARGUMENT
Pa. R.C.P. 1034 provides:
(a) After the pleadings are closed, but within such
time as not to delay the trial, any party may move for
judgment on the pleadings.
(b) The court shall enter such judgment or order
as shall be proper on the pleadings.
In Williams v. Lewis, 319 Pa. Super. 552, 555, 466 A.2d 682,
683 (1983), the court stated:
Judgment on the pleadings is only appropriate
where no material facts remain in dispute. Pennsv1vania
Ass'n or state Mental Hospital Phvsicians, Inc. v. State
Emo. Retirement Bd., 484 Pa. 313, 399 A.2d 93 (1979).
Only where the moving party's right to prevail is so
-3-
.......-. .
olear that a trial would be a fruitless exercise should
a judgment on the pleadings be entered. Nevlinq v.
Natoli, 290 Pa. super. 174, 434 A.2d 187 (1981).
The statute of limitations is a proper subject for a motion
for judgment on the pleadings. Goodrich-Amram 2d 51034(Q):18
provides:
Where the defense of the statute of limitations
is properly raised as new matter in the answer, and it
appears from the allegations in the complaint that the
statute of limitations clearly bars the action, and
there is nothing in the plaintiff's pleadings to
avoid the bar of the statute, a motion for judgment on
the pleadings under Rule 1034 may properly be brought
on such ground.
The plaintiffs are evidently attempting to avail themselves
of "the discovery rule" to avoid the statute of limitations. An
action to recover damages for injuries to the person must be
commenced within two years after the cause of action arises. 42
Pa. C.B.A. 55524. In their second amended complaint the
plaintiffs plead in Paragraph 30, "Dennis was unable to express
his embarrassment or pursue his legal rights due to his
retardation." The discovery rule is a principle grounded in
equity to protect deserving litigants from what would be
considered unfair dismissal of their case. The Third circuit
court of Appeals described the rule as follows:
Pennsylvania courts have recognized the potential
harshness inherent in a rigid application of the
statute and long ago carved out an exception:
Ignorance of any injury may delay the running of
the statute of limitations. . ., It is a rule
intended to benefit plaintiffs in that it avoids
potential injustice ca~sed where an injury is
"inherently unknowable" at the time of a defendant's
-4-
conduct. . . ." O'Brien v. Eli Lillv & co., 668 F.2d
704, 705-06 (3rd Cir. 1981).
Plaintiff Dennis Kennedy was born on July 10, 1962. lie was
18 years of age at the time he entered the first group h~me in
september of 1980. Prior to the 1984 amendment, the JUdicial
Code provided that "infancy, insanity or imprisonment does not
extend the time" in which suits must be filed. 42 Pa. C.S.A.
55533. The Code now states, "Except as otherwise provided by
statute, insanity or imprisonment does not extend the time
limited by this subchapter for the commencement of the matter."
!d. 55533(a). It provides, however, that the limitation period
does not apply to a person under the age of 18. xg. (b). The
provision with respect to "insanity" was specifically retained.
The plaintiffs are apparently attempting to create an exception
to the rule by pleading in Paragraph 15 of their reply that,
"Dennis Kennedy is. . . under a disability and should n2t be held
to the same standard as a person of normal intelligence."
(Emphasis added). The Pennsylvania Courts, however, have refused
to accept types of psychological impairment as a basis for
tolling the statute. In Redenz v. Rosenberq, 360 Pa. Super. 430,
520 A.2d 883 (1987) the court noted:
As previously stated, the discovery rule
provides that the statute is tolled until the
plaintiff knows or should know (1) he has been
injured, and (2) who caused the injury. . . .
However, Pennsylvania courts have consistently
emphasized that the statute is tolled only if a
reasonable person in the plaintiff'S position
would have been unaware of the salient facts.
-5-
See Burnside v. Abbott Laboratories, 351 Pa. Super.
264, 292, 505 A.2d 973, 988 (1985). As the Burnside
court stated: "The standard of reasonable
diligenco is an objective or. external one that is
the same for all individuals. It is not a
sUbjective standard. It is a community standard.
Ill. at 292, 505 A.2d at 988. Therefore appellant's:
own lack of knowledge is irrelevant." 520 A.2d at 886.
In A. HcD. v. Rosen, 423 Pa. Super. 304, 621 A.2d 128
(1993), the court held that a patient's continuing need for
therapy did not excuse a failure to file a suit for psychiatric
malpractice within the statute. In stevenson v. Greenburq, 421
Pa. Super. 1, 617 A.2d 364 (1992), the court refused to accept a
contention that post-traumatic stress syndrome induced by the
defendant's negligence was a basis for extending the statute.
More directly on point, the court has deolined to adopt a special
standard for abuse victims allegedly sUffering from emotional
difficulties. In E.J.M. v. Archdiocese of Philadelphia, 424
Fa. Super. 449, 622 A.2d 1388 (1993), the court defined the issue
as, "whether, under the circumstances of this sexual assault and
battery case, the discovery rule should be applied to toll the
running of the applicable statute of limitations." 622 A.2d at
1389. The appellant alleged sexual molestation during a period
of five years through 1981. He reached the age of majority in
19BO but did not institute suit until 1989.
Appellant's proffered reason for his delay is
that he did not become aware of the psychological
and emotional injuries he suffered as a result
of the alleged abuse until late 1988. Appellant
alleges at that time he realized the psychological
damage that had been inflicted on him. 622 A.2d at 1389.
-6-
...~,
The court cited Bowser v. Guttendorf, 373 Pa. Super. 402,
541 A.2d 377 (1988), involving alleged sexual molestation by the
plaintiff's foster father, and noted:
The Bowser court specifically rejected the .
plaintiff's arguments that the statute of limitations
should be tolled because she was rendered incapable
of communicating the events contained in her complaint
as a result of a physical disability and because of
fraud and concealment by her foster father. The court
cited longstanding Pennsylvania precedent establishing
that the physical disability of the plaintiff did not
toll the limitation, e.g. Walters v. Ditzler, 424 Pa.
445, 227 A.2d 833 (1967), and found no fraud. . . . xg.
at 1392.
The court distinguished Bowser noting that E.J.M. did
not suffer from a physical dis~bility, but nevertheless contended
that he did not realize the acts were "abuse" and it caused him
psychological and emotional harm. The court in E.J.M. went on to
cite with approval Bailv v. Lewis, 763 F. Supp. 802 (E.D. Pa.
1991), where the court thoroughly analyzed the applicability of
the discovery rule in sexual assault and battery cases under
Pennsylvania law. That case involved an alleged repressed memory
of abuse. The federal court noted that there was a split of
authority regarding the tOlling of the statute of limitations but
held that the discovery rule was not applicable to a case
alleging repressed memory because, first Pennsylvania courts
apply the discovery rule only "where the plaintiff could not,
despite the exercise of reasonable diligence discover his or her
injury or its cause," and second, the "standard of reasonable
-7-
diligence is an objective or external one that is the same for
all individuals. It is not a subjective one." 622 A.2d at 1393.
The court in E.J.H. concluded:
Since the facts presented in this case are not the
same as presented in Bailv, we need not and do not
opine on whether we agree with the Bailv court's
application of those principles to a repression of
memory case. Rather, we need only decide how those
principles are properly applied in a case where the
plaintiff allegedly did not know that the acts being
inflicted upon him were "abuse" and would result in
psychological harm.
In our view, this factual distinction greatly
facilitates our decision, since it is perfectly
clear that this case does not fall within the
extremely limited applicability of the Pennsylvania
discovery rule. This is simply not a case where the
plaintiff, despite the exercise of objectively
measured reasonable diligence, could not know of his
injury and its cause within the limitations period.
Appellant admits that he knew that the abuse was
occurring and who was inflicting it, both when it
happened and throughout the eight years after the
abuse ended and before appellant sued. What
appellant did not know, i.e. that the physical
acts allegedly performed on him. . . were "abuse"
and were causing psychological harm, is not
relevant to a discovery rule analysis. IS. at 1394.
Dennis Kennedy does not allege repressed memory. In the
second amended complaint he claims that specific acts occurred
which were sexual in nature., (!21-28). The incident was known by
others in the group home. (1129). The plaintiffs claim, "Dennis
was unable to express his embarrassment or pursue hia legal
rights due to his retardation." ('30). Dennis did not tell his
mother until 12 years later. ('31). A second incident allegedly
occurred when Dennis Kennedy observed a male staff member
molesting a female reaident. ('34). A third incident occurred
-8-
in 1989 when he "experienced a male staff member who came to work
cross-dressed." (!44). In paragraph 115 the defendants alleged
in new matter, "Plaint'lff Dennis Kennedy was aware of and knew of
the alleged acts set forth in the complaint which are cl~imed to
be tortious as they were occurring." 'the plaintiffs replied:
Regarding paragraph (115), this paragraph is
denied insofar as it implies a legal conclusion that
Dennis Kennedy had the understanding to report the
tortious acts to proper authority or even to family
members or was competent legally or practically to
assert his legal rights. Dennis Kennedy. . . does
not hnve the understanding to grasp concepts such as
would a person of normal intelligence. Therefore Dennis
Kennedy is, as a practical matter, under a disability
and should not be held to the same standard as a
person of normal intelligence.
Pennsylvania law is clear and unequivocal that a mental
disability or other psychological impairment is not a basis for
invoking the discovery rule to toll the statute of limitations.
Accordingly, Your Honorable Court should dismiss the action and
enter judgment on the pleadings in favor of the defendants.
Respectfully submitted,
FOWLER, ADDAMS, SHUGHART & RUNDLE
By:
william A. Addams
supreme Court 1.0. No. 06265
28 South pitt street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendants
-9-
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
plaintiffs
v.
: NO. 94-6706
CIVIL ACTION - LAW
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT
AND NOW, come the defendants, cumberland-perry Association
of Retarded citizens, James Gurreri, Carol Firenz, Shirley Knox,
Vicki Delillis, Capel line pivornic, Peggy White, Paul stengel,
Joyce Croft, Thomas Fink, David Sipher, Ed Timbrell, Jeffrey
Dekeman/Dykeman/Heckman, and Ed Stemme, by their attorneys,
Fowler, Addams, Shughart & Rundle, and in accordance with Pa.
R.C.P. 1028, make preliminary objections to the plaintiffs'
amended complaint as follows:
1L OBJECTION IN THE NATURE OF A DEMURRER
1. The complaint, a copy of which is attached, alleges the
plaintiff, Dennis Kennedy, is mildly to moderately retarded (!23)
and was subject to "incidents" while in group homes operated by
Defendant CPARC between September 1980 and December 1981, and
between December 1981 and April 1985, "as well as various dates
between 1980 and 1992." ('Jl10) .
2. The incidents alleged are:
(a) In the fall of 1980 the plaintiff "was molested and
possiblY sexually assaulted" (~20) by Defendant Peggy White, who
~.
assisted him in taking a shower and they "ended up in bed
together." ('26) , (,,19-29) .
(b) In December 1981 the plaintiff entered an adult
group home and "began to exhibit inappropriate advances toward
female staff, noncompliance and rebellion against group home
staff, and other precocious inappropriate behavior." ('30).
(e) The plaintiff "apparentlY witnessed a male staff
member molesting a female resident (consumer) while living at
this second group home prior to March, 1983." (!32), The staff
member was discharged but Mrs. Kennedy was not told of the
incident. (!3 3) .
(d) plaintiff waa committed to a psychiatric hospital
from November 12 to November 22, 1982 due to "aggressive and
inappropriate behavior in the group home." (!34).
(e) plaintiff lost his job at Red Lobster perhaps due
to "inappropriate behavior," (!35).
(f) plaintiff was moved to a group home in Lemoyne
from 1985 to 19B9. This was his most stable period although
hospitalized twice. (!!38-39).
(g) plaintiff was "abruptly moved" to another home in
1989 for no reason. (!41). While there he "experienced a male
staff member who came to work cross-dressed." He was
hospitalized again from March 14 to April 16, 1990. (!42).
(h) on May 20, 1990 plaintiff was moved to a group
home in Mechanicsburg. (!43). He lost a girlfriend and two job
-2-
placements. (!44). He was "forced to talk about emerging
sexuality issues with female staff." Later he was told not to
talk to female staff about sexual issues. (,45). He was
hospitalized several times "for significant episodes of
aggression." (.46).
3. The damages claimed are:
(a) "There ia no evidence that CPARC ever specifically
addressed the above sexual incidents directly with Dennis other
than to tell him not to talk about them." (.36).
(b) "No apology has been made by CPARC to Dennis or to
his mother, the plaintiff, Helen cox, for the above sexual
inciden~;;." ('37).
(c) plaintiffs were injured, perhaps irreparably.
('1110). They seek "all applicable damages and restitution
provided by law," and punitive damages. ('1.112-113). They claim
past and future medical expense and mental anguish in the amount
of $318,308.00. (..49, 114).
4. The claims against the various defendants are:
(a) In Count I the plaintiffs claim CPARC had n duty
of care to the plaintiffs which was breached through its
employees and servants. ('151-52).
(b) In Count II the plaintiffs claim Carol Firenz "was
Director of Residential services for CPARC while Dennis Kennedy
was at the 'Childrens' Group Home and possibly while Dennis was
at the Second Group home." ('lI57). She "had a duty to institute
-3-
and/or enforce discipline and or disciplinary measures against
staff members engaged in sexual relations with consumers and
bring such incidents to the attention of persons who were known
to be in a position to seek legal redress and enforce claims on
bahalf of residents (consumers). Ms. Firenz was also in the
position to bring incidents which might have broken the law to
the attention of law enforcement authorities." ('158). "That
Plaintiffs were injured by the negligence and Gross Negligence of
Ms. Firenz is indicated by the inability of Plaintiff Dennis
Kennedy to assert his legal rights against the Defendant(s) and
for Plaintiff Helen Kennedy (Cox) to assert the legal claims of
her son." ('167).
(c) In Count III the plaintiffs claim, "Defendant
Capelline Pivornic breached her duty of care by instructing staff
members not to discuss sex with Dennis because he had had sex
with a staff member and then further breaching her duties to fail
to inform Helen Kennedy (Cox) of the incident(s) which might have
given rise to a claim or a cause of action by Dennis Kennedy for
which he was unable, due to his mental underdevelopment, to
pursue." ('173). "This breach of Ms. Pivornic's duty of care was
an act of gross negligence which resulted in injury to the
Plaintiffs because it prevented them from promptly filing claims
or seeking redress from the tortious conduct of CPARC and other
tortfeasors." ('174).
-4-
(d) Count IV is against the Department of public
Welfare.
(e) In Count V the plaintiffs claim Defendant Peggy
White had sexual contact with the plaintiff. ('25-26). "This
sexual contact injured the Plaintiff Dennis Kennedy by violating
his right to be free from such indecent unprofessional contacts
by exposing his child-like mental development to activities for
which he did not have the maturity, thus causing the
inappropriate precocious acts which disrupted his mental
development for many years." ('liB?).
(f) In Count VI the plaintiffs alleged Paul Stengel is
"a former employee of CPARC who was responsible for the
operations and services of CPARC in at least one of the group
homes, and during the time period, in which one of the tortious
acts against the Plaintiff Dennis Kennedy took place." ('lI16).
No facts are set forth in Count VI, but it is alleged that he was
grossly negligent "in failing to take corrective action or for
taking inappropriate action following any of the tortious actions
which took place under his jurisdiction or management." ('1100).
(g) Defendants in the original complaint, James
Gurreri ('lI105), Joyce Croft ('lI96) , Thomas Fink ('lI103), Ed
Timbrell ('lI104), Jeffrey Dekeman/Dykeman/Heckman ('lI101), Ed
Stemme ('lI95) , and David Sipher ('lI102) are mentioned in the
amended complaint, but are not captioned as defendants or
identified as defendants in the amended complaint.
-5-
(h) Defendants in the original complaint, Shirley Knox
and Vicki Delillis are not mentioned in the amended complaint.
5. ~he complaint fails to state a cause of action by
Plaintiff Dennis Kennedy against any of the various defendants.
6. The complaint fails to state a cause of action by
Plaintiff Helen Kennedy against any of the various defendants.
WHEREFORE, ths defendants request the complaint be
dismissed.
II. OBJECTION TO JURISDICTION OVER THE PERSON
7. Defendants Peggy White, Paul Stengel, Joyce Croft, David
Sipher, Jeffrey Dekeman/Dykeman/Heckman, and Ed Stemme have not
been served.
WHEREFORE, the aforementioned defendants request the
complaint against them be dismissed.
III. MOTION FOR A MORE SPECIFIC COMPLAINT
8. Paragraphs 1-6 are incorporated herein by reference.
9. The complaint fails to state how the plaintiffs were
injured by the incidents set forth in the complaint or whether
damages resulted from the conduct, action or inaction of the
various individual defendants.
10. The complaint fails to state the material facts upon
which the cause of action is based in violation of Pa. R.C.P.
1019(a).
-6-
11. The complaint tails to specitically state averments
ot timet place and items of special damage in violation ot
Pa. R.C,P. 1019(t).
WHEREFORE, the defendants request Your Honorable Court to
order the plaintiffs to file a more spe~itic complaint.
FOWLER/ ADDAMS, SHUGHART & RUNDLE
BY:~~
28 south pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendants
-7-
CERTIFICATE OF SERVICE
AND NOW, this 23rd day of March, 1995, I, William A. Addams,
of Fowler, Addams, Shughart & Rundle, attorneys for Defendants,
hereby certify that I have served a copy of preliminary
objections by mailing a copy of the same by United States mail,
postage prepaid, addressed as follows:
William C. Hodgson, Esquire
101 North Five Points Road, E-5
West Chester, PA 19380
Jay W. Stark, Esquire
Senior Deputy Attorney General
Torts Litigation section
15th Floor
strawberry Square
Harrisburg, PS 17120
~~/
! ~: 1
,; "
-8-
~
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
NO. 94-6706
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
CIVIL ACTION - LAW
DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS
AND NOW, corne the defendants, by their attorneys, Fowler,
Addams, Shughart & Rundle, and in accordance with Pa. R.C.P. 1034
move Your Honorable Court for jUdgment on the pleadings and in
support thereof assert the following:
1. The pleadings in the above matter are closed.
2. This is an action for personal injuries that was
commenced by writ of summons on November 23, 1994.
3. No alleged act of negligence by any defendant occurred
after February of 1992.
4. All claims are barred by the two year statute of
limitations.
WHEREFORE, the defendants request Your Honorable Court to
enter judgment on the pleadings against the plaintiffs.
FOWLER, ADDAMS, SHUGHART & RUNDLE
'J1H\,!\'1),'~ ti'l J.;
.U!iIIJ~ OU\;"1'!jlli1nJ
A~V1~HOIHi}", 111: JO
30l;lJC ~ji, I
By: O~ --/-/'//
~~~=-
Supreme Court 1.0. No.06265
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendants
56. Md 61' 6 NOr
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
plaintiffs
v.
.
.
NO. 94-6706
CIVIL ACTION - LAW
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
.
.
.
.
MOTION Fon SANCTIONS
AND NOW, comes the defendant, CPARC, by its attorneys,
Fowler, Addams, Shughart , Rundle, and respectfully moves Your
Honorable Court to issue an order imposing sanctions on the
plaintiffs in accordance with Pa. R.C.P. 4019, and in support
thereof asserts the following:
1. This action arises out of alleged harm suffered by
plaintiff Dennis Kennedy while a resident in various group homes
operated by Defendant CPARC.
2. The plaintiffs have furnished the "Psychological
Evaluation" of February 20, 1994 from Melinda Eash, M.S., and
Arnold T. Shienvold, Ph.D. of Riegler, Sheinvold , Associates,
whom the plaintiffs propose to call as expert witnesses.
3. On the first page of their report, the proposed experts
indicated they reviewed:
1) Treatment summary and notes prepared by
wayne schmoyer for May 1992 to August 1992.
2) Evaluation by Paul conti, M.D., March 1983.
3) Records from Selinsgrove Center which include
the following: Sexuality Evnluation, 9/16/92;
Social service Abstract, 9/B/92; Training Plan and
supporting data; Social Assessment Notes; Case
Review for Consultation, 2/1/93; Vocational
Assessment Notes.
4) Referral letter by Thomas Fink to Dr. conti,
3/17/94.
4. The defendants served the request for production of
documents attached as Exhibit "B" on the plaintiffs requesting
copies of the above listed records reviewed and relied upon by
the experts in preparing their report, as well as the notes and
memoranda prepared by Melinda Eash relating to her interviews and
oonversations with Dennis Kennedy and others mentioned in her
report.
5. The plaintiffs returned the response attached as
Exhibit "C" stating that the requested documents are "not within
the possession, custody or control of the plaintiffs or their
attorney."
6. The requested records are in the possession and control
of the plaintiffs' experts.
WHEREFORE, the defendant requests Your Honorable Court to
issue a rule on the plaintiffs to show cause why sanctions should
not be imposed on the plaintiffs which would include their being
prohibited from introducing expert testimony at trial in
accordance with Pa. R.C.P. 4019(C) (2).
Respeotfully submitted,
FOWLER, ADDAMS, SHUGHART & RUNDLE
By: ~ ~~/
wffff~~:---.
supreme Court I.D. No.06265
28 South pitt st., P.O. Box 208
carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
EXHIBIT A
Psychological Evaluation
Elliot Rrcglcr, Ph,O,
Arnold T, Shlcnvold, Ph,O,
Melinda Eash, M.S,
Janel K, l<elley, Ph,O,
Wayne L, Trona. M,S,
Jam.. Eash, L.S,W,
Mkhael J, ....ken, Ph,O,
Nlcolee M, Hlllz, Ph,O,
Donnie L, Howard. M,....
Amy K, Kelllln8, ...,C,S,W.. L,S,W,
Gayle Sicchhano. M,S,
M, Ralph Plcclono. M,O,
Consulting Psychlal,lst
Rl~gler . Shlenvold
& Associates
Name,
Date of Birth,
Chronological Age,
Date of Report,
Referral Source,
Dennis Kennedy
July 10, 1962
31 years old
February 20, 1994
William Hodgson, Esquire
Individual Interviews,
Dennis Kennedy
William Kreiger, Ph,D.
Wayne Schmoyer, M,S.
Helen Kennedy
Mark Reinhard, QMRP(telephone interview)
1) Treatment summary and notes prepared
by Wayne Schmoyer for May 1992 to August
1992,
Records Reviewed,
2) Evaluation by Paul Conti, M,D" March
1983.
3) Records from Selinsgrove Center which
include the following: Sexuality
Evaluation, 9/16/92; Social Service
Abstract, 9/8/92; Training Plan and
supporting data; Social Assessment Notes;
Case Review for Consultation, 2/1/93;
Vocational Assessment Notes.
4) Referral letter by Thomas Fink to Dr.
Conti, 3/17/94.
Reason Por Referral,
Dennis Kennedy is a 31 year old man who was referred for evaluation
by his mother, Helen Kennedy and her attorney, William Hodgson,
Mr. Kennedy is currently living in Selinsgrove State Center, He
had been jn community residential placement from 1980 to 1992 until
behavioral and mental health concerns could no longer be adequately
addressed. The purpose of the present evaluation is to determine
Mr. Kennedy's current mental health status, his future needs in
terms of treatment and residential placement, and to, what extent
his experiences in conununity placement have contributed to the
deterioration that resulted prior to and during his placement at
the Harrisburg State Hospital.
Exhibit "A"
(717) 540-1313 . 2151 Linglestown Road, Sui Ie 200 . Harrisburg, Pennsylvania 17110
Page 2
Dennis Kennedy functions in the moderate to mild range of mental
retardation as measured by various psychological evaluations over
the years, Abnormality of brain wave patterns was first noted in
March 1968 following an EEG, Dennis was diagnosed with a seizure
disorder following seizures in 1975 (age 13) and in June of 1990.
There is also a significant family history for depressive
disorders,
Dennis lived on the family farm until 1980 with his parents, Helen
and David Kennedy, and an older brother and sister, His mother
describes the family as dysfunctional, Dennis' father was
diagnosed with a bipolar disorder and received medication for this
condition. Mr, Kennedy has been described by several sources as
emotionally abusive and rejecting of Dennis. There has been
speculation about the possibility of physical abuse, however, Mrs.
Kennedy denies any direct knowledge of this, I!l 1978 a cousin,
whom Dennis was very close to, died in a hunting accident. In 1979
Mr, Kennedy attempted suicide and in 1980 threatened to kill Dennis
if he was not removed from the home, This resulted in Dennis'
placement in a children's group home at age 18. Dennis was in
spe~ial education classes from age 7 until age 22,
During the first thirty days of the initial group home placement
there was a fire and the group home was relocated, During that
period Dennis was not allowed contact with his family. While in
the children's group home Dennis was molested by a young female
staff person, This staff person occasionally supervised Dennis'
bathing "helping" him to wash his genitals, Dennis was capable of
bathing independently, There are allegations, which have not been
confirmed, that there was even greater sexual involvement. During
a sexuality evaluation in 1992 at Selinsgrove Dennis talked about
sexual involvement with a staff person from the group home which
included sexual intercourse and oral sex, It is unclear if this is
the same staff person, Dennis portrayed this experience as
pleasurable and not traumatic.
Due to his age, on December 11, 1981 Dennis was moved to an adult
group home where he remained until April 19, 1985, His first
inpatient psychiatric admission occurred from November 12 to
November 22, 1982, After his move into this group home Dennis
exhibited a number of problem behaviors which included physical
aggression toward property, staff, and other clients; verbal abuse;
homosexual acting out; agitation; inappropriate sexual advances
toward female staff; and noncompliance and rebellion against group
home staff. Dennis was evaluated by Dr. Paul Conti, a Harrisburg
psychiatrist in March of 1983, The records indicate that sometime
prior to this evaluation Dennis witnessed a male staff person
molesting a female resident, In May df 1983 Dennis' father
conunitted suicide, The following month he graduated from school,
lost his job as a bus boy at Red Lobster and was hospitalized for
depression. In September of 1983 his mother was hospitalized for
Page 3
depression and Dennis was also hospitalized for depression later in
the month, There were two more hospitalizations in February of
1984, During the time he lived in New Cumberland Dennis received
mental health aervices which included a partial hospitalization
program and medication therapy, These services attempted to
address the depression, aggressive behavior, and sexual issues.
During the period between September and November 1982 there were
several medication changes,
Dennis moved to another group home in Lemoyne on April 19, 1985,
He was there until October of 1989. During this period he was
hospitalized from November 1, 1985 to March 7, 1986, November 12,
1986 to December 2, 1986, and March, 1, 1988 to June 30, 1988, The
records suggest that the time Denr.is spent in Lemoyne was a
relatively stable period for Dennis, Helen Kennedy indicates that
thsre were some staff and residents that were consistent during
this period as well,
Dennis was abruptly moved to another group home in Camp Hill on
October 9, 1989, His mother was unable to give a reason for this
move, nor do the records indicate why this move occurred. While in
this residential program Dennis experienced a male staff person
coming to work cross-dressed, He was also hospitalized from March
14, 1990 to April 16, 1990,
On May 20, 1990 Dennis was moved to another group home in
Mechanicsburg where he remained until February 1992, His mother
reports that Dennis requested not to go back tQ the home in Camp
Hill after his hospitalization. In June of 1990 he experienced a
grand-mal seizure while at Hershey Park. In 1991 Dennis lost a girl
friend, a male friend was moved from his group home and he lost two
job placements, He was also encouraged to talk about emerging
sexuality issues with female staff as no male staff were available.
Later, when he had access to male staff persons he was told not to
talk to the female staff about sexual issues, His stay in this
group home was marked by several hospitalizations following
significant episodes of aggression. He was transferred from his
last acute hospitalization at Holy Spirit Hospital to Harrisburg
State Hospital on April 3, 1992, From there he was transferred to
Selinsgrove Center on September 8, 1992 where he currently resides,
While at Harrisburg State Hospital there were two incidents where
Dennis was caught fondling a male peer, Dennis became upset when
interrupted the second time this occurred. This was followed by an
increase in his medications. Dennis received counseling from Wayne
Schmoyer, M.S, while at the State Hospital, During his sessions
with Mr. Schmoyer Dennis asked many questions regarding appropriate
sexual behavior that included homosexual activity and
exhibitionism, lie indicated to Mr, Schmoyer that he had been
interrupted while masturbating by both staff and other residents
while at the Mechanicsburg group home. lie also discussed his
Page "
experiences with the staff person at the first group home who
allegedly molested him, He reported to Mr. Schmoyer that they had
not had intercourse, but she had touched his genitals, Mr,
Schmoyer also noted that Dennis' aggressive behavior appeared to
increase when faced with an impending discharge back to community
placement. Additionally, Mr, Schmoyer reported that Dennis
responded well to relaxation therapy, Dennis appeared to have
established a good rapport with Mr. Schmoyer,
Dennis currently visits his mother regularly at her home in
Newport. Helen Kennedy has lived with Dale Cox since 1986, Mr,
Cox is retired from a trucking firm and Mrs, Kennedy is a retired
cafeteria worker, They both currently work part- time, Mrs,
Kennedy reports that Dennis gets along with Mr, Cox and does not
exhibit any problem behaviors when he visits, The longest visit
has been five days in length. Dennis' siblings, who own homes on
the farm, visit Dennis when he is at his mother's house, He sees
them more frequently since his admission at Selinsgrove Center
Mrs, Kennedy is willing to support Dennis' wishes in the future as
to where he lives, including community placement, However, she is
mistrustful of the "system" and plans to be more involved. She
indicates significant frustration that information has been
withheld from her in the past regarding Dennis, supposedly on the
basis of confidentiality. She feels Dennis' finances and
possessions were mismanaged and is concerned about the frequent
moves and exposure to inappropriate sexual behavior on the part of
staff persons, More recently, Mrs, Kennedy has entertained the
idea of having Dennis live with her, however she also seemed
willing to accept that this may not be Dennis' best option,
Selinsgrove Center identifies Dennis as a handsome man who is
independent for all self-care skills. He takes pride in his
appearance and keeps his room neat and well organized, He tends to
talk softly and slur his words which at times can make him
difficult to understand, Dennis has exhibited a pattern of
behavior over the years that includes over controlling his emotions
in an effort to please those in authority, When asked about his
feelings he tends to smile, and say "I don't know," Over a period
of time this suppression of emotion tends to build up and result in
outbursts that include physical aggression, At times he appears to
want external controls placed on his behavior while simultaneously
resenting these controls, The basis for treatment at Selinsgrove
Center has been the hypothesis that Dennis has experienced
significant instability in relationships and fears that the
negative expression of emotion will affect the stability of new
relationships, Therefore he keeps feelings and worries to himself
until he is overwhelmed and expresses them behaviorally,
Selinsgrove Center has not observed any hallucinations or psychotic
ideation, They have observed situations in which Dennis seemingly
Page 5
loses control of himself as evidenced by uncontrollable laughing,
and difficulty orienting or responding to interactions with others,
Sending him to his room to relax has resolved these episodes,
The treatment plan at Selinsgrove Center has consisted of assuring
Dennis that it is alright to talk about his feelings and providing
him with ample opportunity to do so, They provide emotional
support as well as the opportunity to withdraw if he needs to calm
down. Throughout the day he is offered opportunities to talk,
problem solve and practice relaxation strategies, In addition to
psychological and behavioral support Dennis receives training in
functional independent living skills and participates in a
sexuality program with a certified sex educator, Dennis initially
received counseling with Dr, Kreiger, psychologist, This was
discontinued when Dennis was unable to establish sufficient comfort
with the therapy,
When Dennis entered Selinsgrove he was receiving 400mg Dilantin,
600mg Tegretol, 80mg propranol, and 80mg Inderal. When Dennis was
interviewed in November 1993 he was receiving Dilantin 100mg hs.,
Haldol lOmg bid. and Tegretol llOOmg, Dennis indicated that he
feels better with the current medications, Although he still has
some fear of the seizures returning, his last seizure was in June
1990,
When interviewed Dennis was well groomed and dressed appropriately.
Although somewhat nervous he was cooperative and remembered the
interviewer although there had been no contact in ten years, He
also asked about individuals known to both, Dennis indicated he
was happy at Selinsgrove and felt comfortable with the staff and
residents. He was very positive about his job in the workshop, He
reported that he still likes to ski and roller skate although he
has had little opportunity to do these activities at Selinsgrove.
When asked about the future he reported a desire to live in a group
home again, preferably in the "country," While Dennis was willing
to talk about his experiences in the first two group homes in New
Cumberland he did not seem to be currently traumatized by the
inappropriate sexual behavior of the staff, Dennis was more
focused on his inappropriate behavior at Selinsgrove, Dennis
appears very motivated to learn to control his aggressive behavior
and responded well to the discussion. Dennis talked for over an
hour and was able to indicate when he was tired. This would
suggest significant progress in Dennis' ability to express his
feelings.
There is every evidence that Dennis has made significant progress
at Selinsgrove Center, He responds to prompts to relax and retreat
to a safe area when upset, has established relationships with the
staff and appears to be verbalizing his feelings more often. The
behavioral data indicates a steady decline in aggressive behavior,
page 6
There has been little or no physically aggressive behavior since
October, 1993,
Mark Reinhard was contacted regarding Selinsgrove's attempts to
address the sexuality issues, Dennis participates in a mixed group
that focuses on basic concepts of sexuality and relationship
building, While Dennis has not demonstrated an interest in the
female peer group this may result from the fact that there are few
women available that function on his intellectual level, However,
Mark was not aware that there had been any homosexual activity,
Dennis has not exhibited any aggression in the group since the
summer, Furthermore he participates appropriately and is open to
talking about issues, Their goals have been to help Dennis act
less impulsively with respect to sexual gratification.
Summary I
Dennis Kennedy is a 31 year old man who functions intellectually in
the mild to moderate range of mental retardation, Dennis lived at
home until age 18 when his father's threats to kill him
precipitated placement in a group home, Since this placement in
1980 Dennis has lived in five groups and undergone numerous
psychiatric hospitalizations, In 1992 he was admitted to
Harrisburg State Hospital and then transferred to Selinsgrove
Center where he currently resides. While in community group home
placement Dennis experienced frequent moves, frequent changes in
relationships with staff persons and peers, and alleged
inappropriate sexual behavior on the part of staff persons,
Dennis has a history of suppressing his feelings until he becomes
overwhelmed and then expresses this behaviorally in the form of
physical aggression. This pattern of behavior seems to have been
established early on in his relationship with his father and has
been maintained or exacerbated by unstable living situations in the
community, It is interesting to note that the one relatively
stable period of time in Dennis' group home experience was marked
by the consistent presence of one or two staff members and little
change in the residents with whom he lived,
Currently Dennis is making significant progress at Selinsgrove
Center and is enjoying stable relationships with the staff as well
as having regular contact with his family, He is taking far less
medication than when he was admitted and the goal is to reduce this
even further, There has been an absence of aggression in recent
months and a steady improvement in Dennis' ability to express his
feelings and utilize more appropriate coping strategies. The
prognosis for Dennis appears fairly good for him to function well
in the future if the current treatment approach is not abandoned
prematurely and if there is appropriate planning for a more stable
living situation when he leaves Selinsgrove,
Page 7
Conclusions dnd Recommendations.
1) A careful review of the history leads us to the conclusion that
Dennis' deterioration prior to Selinsgrove is the result of several
factors. Included in these factors are the following:
a, the chaos of his family of origin
b, the possible genetic aspects of his mental health problem
c. a series of inappropriate, ineffective, or tli\rmful
treatment decisions or exposure that he experien~ed.
With respect to "c," Dennis was exposed to explicit sexual
activities and sexually abused by a staff member, Furthermore, he
was forced to cope with abrupt changes in his living situation.
2) Dennis should remain at Selinsgrove Center with the current
treatment approach until the staff, with Dennis' input, feel he has
made sufficient progress and is ready to leave,
3) Dennis should not be discharged until careful planning has been
completed regarding the need for stability at his new residence.
If he moves into another supeIVised living situation in the
community there should be a series of trial visits over a
sufficient length of time during which the staff should be educated
as to how best to meet Dennis' needs,
4) Family therapy including Dennis' mother would most likel.y be
beneficial prior to any moves, especially if Dennis will be living
in close proximity to his mother, One of the goals of this therapy
should be to balance Mrs. Kennedy's need to be involved and
supportive, with Dennis' needs to be an independent adult. It
would also be helpful for Dennis to be able to resolve any feelings
or issues he has regarding his relationship with his father.
Ideally, a therapist should be located that could maintain
continuity between Selinsgrove and any future residential
placement.
';J~l;,d;f (~~ ).J,1,';;'
Meliqda Eash, M,S.
11/
,\1'...
EXHIBIT B
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
NO. 94-6706
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
CIVIL ACTION - LAW
REOUEST FOR PRODUCTION OF DOCUMENTS
TO: Dennis Kennedy, Helen Kennedy and William C. Hodgson,
their attorney
AND NOW, this 27th day of April, 1995, pursuant to Pa.
R.C.P. 4009, comes the Defendants, by their attorneys, FOWLER,
ADDAMS, SHUGHART & RUNDLE, and requests the plaintiffs" to
produce for inspection, examination and copying, at the offices
of FOWLER, ADDAMS, SHUGHART & RUNDLE, not later than thirty (30)
days after service of this Request, the following documents:
1. Treatment summary and notes prepared by Wayne Schmoyer
for May 1992 to August 1992.
2. Evaluation by Paul conti, M.D., March, 1983.
3. Records from Selinsgrove Center which include the
following: Sexuality Evaluation 9/16/92; Social service
Abstract 9/8/92; Training Plan and sup~orting data; Social
Assessment Notes; Case Review for Consultation of 2/1/93;
vocational Assessment Notes.
F.xhibit "B"
EXHIBIT C
I,
f
l
DENNIS KENNEDY and
HELEN M, COX,
Plelntlffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No, 94-6706
: CIVIL AeTION . LAW
I
i
~
!
v,
CUMBERLAND-PERRY ASSOCIA.
TION OF RETARDED CITIZENS,
et, sf.,
Defendants
RESPONSE TO DEFENDANTS'
REQUEST
FOR PRODUCTION OF DOCUMENTS
TO: William A, Addams, Allomey lor the Defendants,
AND NOW, this 1Bth day 01 May. 1995, pursuant to Pa. R.e,p. 4009 and the
Explanatory Note, come the Plaintiffs, by their allomey, WILLIAM C, HODGSON, with the
lollowlng Response:
1, Treatment summery and notes prepared by Wayna Schmoyer lor May, 1992 to August, 1992
are nolln the possasslon, custody or control 01 the P!allf:lffs or their allomey,
2, Evaluation by Paul Conti, M,D" March. 19B31t not In the possession, custody or control of
the Plalntlft5 or their Attomey,
3, Records from Sellnsgrove Center Including the Sexuality Evaluallon 9/16/92; Social Sarvlca
Abslred 9/8192; Trelnlng Plan and supporting data; Social Assassment Notes; Case Review for
Consultation 2/1/93; and Vocational Assesment notes are not In the possession, custody or
control of the Plaintiffs or their attomey,
4, Referrolletter by Thomas Fink to Dr. Conll. 3/17194 Is not within the possession, custody or
control ofthe Plaintiffs orthalr allomey,
e(.5/ fAJ~c. ~
WILLIAM C. HODGSON
Supreme eourt I,D, No, 5B305
1600 Garratt Road, K.15
Upper Darby, PA 190B2-4464
(610) 259-4264
Allomey lor Plaintiffs
lIIe-respdoc
Exhibit "e"
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
plaintiffs
v.
NO. 94-6706
CIVIL ACTION - LAW
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
PRELIMINARY OBJECTIONS
AND NOW, come the defendants, Cumberland-Perry Association
of Retarded citizens, James Gurreri, Carol Firenz, Shirley Knox,
Vicki Delillis, Capelline pivornic, Peggy White, Paul Stengel,
Joyce Croft, David Sipher, Ed Timbrell, Jeffrey
Dekeman/Dykeman/Heckman, and Ed stemme, by their attorneys,
Fowler, Addams, Shughart & Rundle, and in accordance with Pa.
R.C.P. 1028, make preliminary objections to the plaintiffs'
complaint as follows:
I: OBJECTION IN THE NATURE OF A DEMURRER
1. The complaint, a copy of which is attached, alleges the
plaintiff, Dennis Kennedy, is mildly to moderately retarded ('40)
and was subject to "incidents" while in group homes operated by
Defendant CPARC between september 1980 and December 1981, and
between December 1981 and April 1985, "as well as various dates
between 1980 and 1992." (~18).
2. The incidents alleged are:
(a) In the fall of 1980 the plaintiff "was molested and
possibly sexually assaulted" ('37) by Defendant Peggy White, who
assisted him in taking a shower and they "ended up in bed
together." ('42). ("36-45).
(b) In December 1981 the plaintiff entered an adult
group homo and "began to exhibit innapropriate (sic) advances
toward female staff, noncompliance and rebellion against group
home staff, and other precocious inappropriate behavior." ("46-
47) .
(c) The plaintiff "apparently witnessed a male staff
member mOlesting a female resident (Consumer) while living at
this second group home prior to March, 1983." ('48). The staff
member, Jeffrey Dekeman, was discharged, but Mrs. Kennedy was not
told of the incident. (!49) .
(d) Plaintiff was committed to a psychiatric hospital
from November 12 to November 22, 1982 due to "aggressive and
inappropriate behavior in the group home." ('50).
(e) plaintiff lost his job at Red Lobster perhaps due
to "inappropriate behavior." (!51).
(f) Plaintiff was moved to a group home in Lemoyne
from 1985 to 1989. This was his most stable period although
hospitalized twice. (!!54-55) .
(g) Plaintiff was "abruptly moved" to another home in
1989 for no reason. (!56). While there he "experienced a male
staff member who came to work cross-dressed." He was
hospitalized again from March 14 to April 16, 1990. (!56).
(h) On May 20, 1990 plaintiff was moved to a group
home in Mechanicsburg. (!57). He lost a girlfriend and two job
placements. ('50). He was "forced to talk about emerging
sexuality issues with female staff." Later he was told not to
talk to female staff about sexual issues. ('59). He was
hospitalized several times "for significant episodes of
aggression." ('60).
3. The damages claimed are:
(a) "There is no evidence that CPARC ever specifically
addressed the above sexual incidents directly with Dennis other
than to tell him not to talk about them." ('152).
(b) "No apology has been made by CPARC to Dennis or to
his mother, the plaintiff, Helen Cox, for the above sexual
incidents." ('53).
(c) Plaintiffs were injured, perhaps irreparably.
('80). They seek "all applicable damages and restitution
provided by law," and punitive damages. (''181-B2). They claim
past and future medical expense and mental anguish in the amount
of $318,308.00. ('83).
4. The claims against the various defendants are:
(a) James Gurreri is the Executive Director of CPARC.
('20). He "failed to take appropriate action or took
inappropriate action fOllowing the disclosure to him of any of
the tortious acts in or related to this complaint." ('75).
(b) Carol Firenz is "the former Director of
Residential Services for CPARC at the time when at least one of
the tortious acts against the Plaintiff Dennis Kennedy took
place." ('21). She "was grossly negligent ill failing to take
corrective action or for taking inappropriate action following
any of the tortious actions which took place under her
jurisdiction or management and which are related to this
complaint." (!69) .
(c) Shirley Knox is "a former employee of CPARC who
had supervisory and/or management responsibility for employees of
CPARC and for the management of at least one of the group homes
in which the tortious acts took place which were caused by the
gross negligence of the Defendants." ('ll22,). She "was grossly
negligent in failing to take corrective action or for taking
inappropriate action following any of the tortious actions which
took place under her jurisdiction and which are related to this
complaint." (!66) .
(d) Vicki Deli11is is "a former employee of CPARC who
had supervisory and/or management responsibility for employees of
CPARC and for the management of at least one of the group homes
in which the tortious acts against the Plaintiff Dennis Kennedy
took place." (!23). She "was grossly negligent in failing to
take corrective action or for taking inappropriate action
following any of the tortious actions which took place under her
jurisdiction and which are related to this complaint." ('ll67).
(e) Capel line pivornic is "a former employee of CPARC
who had management and/or supervisory responsibility for
employees of CPARC and for the management of at least one of the
group homes and/or programs in which the tortious acts against
plaintiff Dennis Kennedy took place." ('ll24). She "was grossly
negligent in failing to take corrective action or for taking
inappropriate action following any of the tortious actions which
took place under her jurisdiction or management and which are
related to this complaint." ('168).
(f) Department of Public Welfare "is and was the
inspector and/or licenser and/or regulator of at least one of the
group homes and the employees of CPARC. . . ." ('125). It was
"grossly and simply negligent for its inappropriate regulation of
the CPARC group homes in which the tortious acts named in this
complaint took place." ('177).
(g) Peggy White is "a former employee and staff member
of CPARC who was responsible for the care, protection and
nurturing of Plaintiff Dennis Kennedy during the time period when
at least one of the tortious acts against the Plaintiff Dennis
Kennedy took place." (!26). The shower incident is alleged in
Paragraphs 36-45. She "was grossly negligent, willful and wanton
in her inappropriate behavior towards (sic) Dennis Kennedy and in
her failure to take appropriate corrective action at the first
group home." (!65).
(h) Paul Stengel is "a former employee of CPARC who
was responsible for the operations and services of CPARC in at
least one of the group homes, and during the time period, in
which one of the tortious acts against the Plaintiff Dennis
Kennedy took place." (!26). He "was grossly negligent in
failing to take corrective action or for taking inappropriate
action following any of the tortious actions which took place
under his jurisdiction or management and which are related to
this complaint." (FO).
(i) Joyce Croft was "the Senior Program Advisor in the
group home on 721 Second street, New Cumberland, PA during the
period of time when at least one of the tortious acts against the
plaintiff Dennis Kennedy took place." (!27). She "failed to
take appropriate action or took inappropriate action following
the incident with Peggy White at the first group home." (!64).
(j) Thomas Fink was "a psychologist providing services
to at least one of the group homes during or following the
tortious acts against Plaintiff Dennis Kennedy." ('128). He
"failed to take appropriate action or took inappropriate action
following any disclosures to him of any knowledge of the tortious
acts in this complaint." ('173).
(k) David sipher is "a former employee of CPARC who
had supervisory and/or management responsibility for the second,
first adult, group home in which tortious acts against Plaintiff
Dennis Kennedy took place. (!29). He "took inappropriate action
or failed to take appropriate action following the incident with
Jeffrey Dekeman. . . at the second group home," ('172).
(1) Ed Timbrel! is "a member of the CPARC Board of
Directors and is believe to have been on the Board during the
time period when at least one of the tortious acts against
plaintiff Dennis Kennedy took place." ('130). He "failed to take
appropriate action or took inappropriate action following
disclosure to him of any of the tortious acts related to in this
complaint." (!74).
(m) Jeffrey Dekeman/Dykeman/Heckman was "an employee
and staff member of CPARC responsible for the care, protection
and nurturing of the Plaintiff Dennis Kennedy during the period
of time when at least one of the tortious acts against Plaintiff
Dennis Kennedy took place." (!31). He allegedly molested a
female resident. ("48-49). He "WI.IS grossly negligent, wilful
and wanton in his reckless conduct toward a female resident which
resulted in injury towards (sic) plaintiff Dennis Kennedy as well
as emomtional (sic) distress, and for his (Mr. Dekeman's failure
to take appropriate corrective action, if any." ('71).
(n) Ed stemme was "an employee and program advisor in the
CPARC group home located on 721 Second street, New Cumberland, PA
during the period of time when at least one of the tortious acts
against the Plaintiff Dennis Kennedy took place." (!32). He
"failed to take appropriate action following the incident with
Peggy White at the first group home or took inappropriate
action." (!63).
(0) CPARC is the "care provider which operated the group
homes in which the plaintiff Dennis Kennedy resided during the
times in which the tortious acts took place." ('19). It "was
grossly negligent and negligent for any and all of the tortious
acts which took place related to this complaint and for taking
inappropriate action or for failing to take appropriate action to
correct the effects of same." ('76).
5. The complaint fails to state a cause of action by
plaintiff Dennis Kennedy against any of the various defendants.
6. The complaint fails to state a cause of action by
plaintiff Helen Kennedy against any of the various defendants.
WHEREFORE, the defendants request the complaint be
dismissed.
II. OBJECTION TO JURISDICTION OVER THE PERSON
7. Defendants Peggy White, Paul Stengel, Joyce Croft, David
sipher, and Ed Timbrell, Jeffrey Dekeman/Dykeman/Heckman, and Ed
Stemme have not been served.
WHEREFORE, the aforementioned defendants request the
complaint against them be dismissed.
III. MOTION FOR A MORE SPECIFIC COMPLAINT
8. Paragraphs 1-6 are incorporated herein by reference.
9. The complaint fails to state how or whether the
plaintiffs were injured by the incidents set forth in the
complaint or whether damages resulted from the conduct, action or
inaction of the various individual defendants.
10. The complaint fails to state the material facts upon
which the cause of action is based in violation of Pa. R.C.P.
1019(a).
11. The complaint fails to specifically state averments
of time, place and items of special damage in violation of
Pa. R.C.P. 1019(f).
12. The complaint proports to allege multiple causes at
action against various individual detendants, but tails to state
each in a separate count in violation of Pa. R.C.P. 1020(a).
WHEREFORE, the detendants request Your Honorable Court to
order the plaintitts to tile a more specitic complaint.
FOWLER, ADDAMS, SHUGHART & RUNDLE
By:
;~
. 11 a A. Addams
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendants
CERTIFICATE OF SERVICE
AND NOW, this 3rd day of February, 1995, I, William A.
Addams, of Fowler, Addams, Shughart & Rundle, attorneys for
Defendants, hereby certify that I have served a copy of
preliminary objections by mailing a copy of the same by United
states mail, postage prepaid, addressed as follows:
William C. Hodgson, Esquire
229 Walnut Street
Newport, PA 17074
James R. Moyles, Esquire
Senior Deputy Attorney General
Torts Litigation Section
15th Floor
Strawberry Square
HarriSburg, PS 17120
~~~
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DENNIS KENNEDV,
HELEN KENNEDY,
plaintiffs,
v.
CUMBERL~ND-PERRV ~SSOCIATION OF
RETARDED CITIZENS, JAMES GURRERI,
CAROL FIRENZ, SHIRLEY KNOX, VICKI
OELILLIS, CAPELLINE PIVORNIC,
DEPARTMENT OF PUBLIC WELFARE, PEGGY
WHITE, PAUL STENGEL, JOYCE CROFT,
THOMAS FINK, DAVID SIPHER, ED
TIMBRELL, JEFFREY DEKEMAN/DYKEMAN/
HECKMAN, ED STEMME,
Oefendanta.
. .........
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICI~L DISTRICT OF
PENNSVLVANIA .
CUMBERL~ND COUNTY BRhNCH
I NO. 94-6706 Civil
I Civil Action - Law
I
I
I
I
I
I
I
I
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 further notice for any money claimed in the Complaint or for
any other claim or relief requested by the plaintiff. You may lose
money pr property or other rights important to you.
yOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
cumberland County Courthouse
court Administrator
1 co~rthouse Square
Carlisle, PA 17013
(717) 240-6200
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Will~am C. Hod son
229 Walnut Street
Newport, PA 17074
(717) 567-9171
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,. .. V~
: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA,CUMOERLAND
: COUNTY BRANCH
: NO, 94.6706 Civil
: Civil Action-Law
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS. JAMES :
GURRERI, CAROL FIRENZ, SHIRLEY :
KNOX, VICKI DELlLLlS, CAPELLlNE :
PIVORNIC, DEPARTMENT OF PUBLle :
WELFARE, PEGGY WHITE. PAUL :
STENGEL. JOYCE CROFT, THOMAS:
FINK, DAVID SIPHER, EO TIMBRELL, :
JEFFREY DEKEMAN/DYKEMANI :
HECKMAN, EO STEMME,
DENNIS KENNEDY,
HELEN KENNEDY.
Plainll/ls
V,
COMPLAINT AND MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
...
COMPLAINT
And now,this~day of January, 1995. come the Plainirrs, by lhcir Atlorney,
William e, Hodgson. and sel forth the within Complaint against the Defendants, to Wit:
1, Plalntilf Dennis Kennedy Is en adult Individual whose legal address Is Selinsgrove
Center, Box 500, Selinsgrove, Snyder County, PA 17670.
2, PlaIntiff Helen Kennedy Is an adult Individual whosaleoal address is R.D. 4. Box 173,
Newport. Perry County, PA 17074.
3, Defendant Cumberland-Perry Assocletien of Retarded C~lzens Is an Association With
ILs business address locsted stl17 North Hanover street, Carlisle, Cumberland County. PA
17013,
4, Defendant James Gurrerl Is the Executive Director oHhe Cumberlan.Perry
Association of Retarded Cillzens; end whose business address Is 117 North Hanover Street.
Carlisle, Cumberlend County, PA 17013,
5, Defendant Carol Firenz Is an adult Individual whose business address is 117 North
Hanover Streel, CarliSle, Cumberland County, PA 17013.
6, Defendant Shirley Knox Is an adult Individual whose business address Is the
Pennsylvania Assoclallon of Retarded C~lzens and whose business address Is Building 2. Suite
221,2001 North Front Slreet, Harrlsbl'l'O, Dauphin County, PA 17102,
7, Defendant Vlcld Delillis Is an adult indiidual whose business address Is Tha
Susquenita Elementary School, Schoolhouse Road, Duncannon, Perry County, PA , 7020,
B, Defendant Capelline Plvomic is an adult individual whose business address Is The
Center for IndustrIal Training al262 Silver Spring Road, Mechanicsburg Cumber1and County
PA 17055, "
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II. The Oepanmenl of Public Walfara Is a Dopsnmenl of the Commonweallh of
Pennsylvania whose business address Is 305 Hoallh and Welfare Duilding, Hsrrisburg, Dauphin
County, PA 17105-2675.
10, Dofendant Peggy WIllta Is an adulllndivldual whose address Is presenlly unknown,
11, Defendant Paul Stangel is an adult indlvlduol whose address is presently unknown,
12, Defendanl Joyce cron Is sn adulllndlvldual whose address is presently unknown,
13. Defondant Thomas Fink Is an adulllndividual whose address Is 2217 Soulhneld
Road, Han1sburg, DQuphln Counly, PA 1710~,
104. Devid Slpher Is an odulllndivldual whose address Is presenlly unknown.
15, Ed ","brell is an adult individual whoso sddf\.'S5 is presenlly unknown,
10, Jeffrey Dekeman! Dykeman! Heckman Is an adultlndivlduel whose address Is
presenll)' unknown.
17, Ed Slomme Is an 8dulllndividual whose address is presonlly unknown,
lB, The Ineidonls olvlng rise 10 Ihis cause of acllon look place betwren September,
1960 sndDecember,'96?~}bol.'1.:cn .1)ec/<tf'I.ond I1H1r. 'l'1k( oswell
os various dates between ' 0 end Ii 't 2.' . I' ~
19, Defendant Cumborland.Peny AS$Oclatlon of Retarded Cillzens (herelnaner known
os CPARC) Is the care provider which opereted the group homes in which the Plalnlill Dennis
Kennedy resided during the times In which the tortious acts took place,
20. Defendant Jsmes Gurrari is the current Executlvo Director of CPARC,
21. DefelY.lanl Carol flrenz Is the former Diractor of Residential Services for CPARC at
the lime wIlon at leasl one of the tortious oels agolnslthe Plaintiff DennIs Kennedy look place,
22. Defendant Shirley Knox Is a fonner emp/oyea of CPARC who had superviSOl}' and
lor management responsibility for employees of CPARC and for lhe manooement of at laast one
of the group homes in which the tortolus aels took place which werD caused by the gross
nagligence of the Defendants,
23, Defendant Vicki Delil/Is is e former employee of CPARC who hsd supervisory and
lor management responsibility (or employees of CPARC and for the management of otlaasl one
of the group homss in which the tortious eels agalnsllha Plaintiff Dennis Kennod~ look place,
204, Defendant Capelllne pjvornic Is a fonner employee of CPARC who hod
managamentand/or supel\llsory responsibil>>y for employees of CPA~C and for the
management of ollos51 one of the group homes andI or programs In which the lortlous sCts
against Plaintiff Dennis Kenned~ took place,
25, Defondsnl Department of Public Welfare Is end was the Inspector, and lor licenser
end/or regulalor of at least one of the group homes and the emplo~eos of CPARC during tho
time whan at leas! one or the tortious ects of gross negligence against the Plainlill Dennis
Kennedy look place.
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26, Defendant Peggy While is a former employee and s1sff member of CPARC who
was responsible for the care, protecllon and nurturing of Plaintiff Dennis Kennedy dUling the time
period when atleas1 one of the tortious acts against Plaintiff Dennis Kennedy took place,
26, Defendant Paul Stengel is e former employee of CPARC who was responsible for
the operations and servi~s 01 CPARC in at least one of the group homes, snd during the lime
pertod. In which atlea5\ one 01 lhe tortious scts against the Plaintiff Dennis kennedy took pla~,
27, JOYce Croft was the Senior Program Advisor in the group home on 72t Second
Street, New Cumberland, PA during the period of time when at lee5\ one 01 lho tortious aets
egalnst the Plaintiff Oennls Kennody took place,
2B, Thomas Fink was a psychologl5\ proViding sorvi~s to atless1 one 01 tho group
homes during or following the tortious acts against PlalnUlf Dennis Kennedy,
29, Defendant David Sipher Is a former employee of CPARC who hed supervisory
and/or fl .f.l S r C10 ~....l t;l
management responsibility for the S 'e c. 0"", J(..j' group hOmo n whiCh tortious acts
ngainS1 Plaintiff Dennis Konnedy took place,
30, Delendsnt Ed Timbrellls a member 01 the CPARC Board of Directors nnd Is
believed to hove been on the Board during the time period when atlea5\ one of the lortious acts
against Plalntilf Dennis Kennedy took place,
31, Delendant Jeffrey DekemanlDykemanlHeckman wns an employee nnd staff
member of CPARC responsible lor the care, protection snd nurturing 01 the Plaintiff Dennis
Kennedy during the period 01 time when etleast one of the tortious ects sgains1 Plsintllf Dennis
Kennedy took place,
32, Delendent Ed Stemme was an employee and program advisor in the CPARC group
home located on 721 Secend Street, New Cumberlend, PA during the period of lime when at
lea5\ ono 01 the tortious aels against the Plaintiff Dennis Kennedy took plsce,
33, Dennis Kennedy was bOrn July 10, 1982,
34, Since his entry Into pnl-school Dennis was thought to have some type 01 brain
damoge,
35, Dennis was denied participstion In Head $tart nnd allended the Capitol Area
Intennediste Unit until the Summer of 1980,
36, In the fall 01 1960 Dennis was admilled to his first group home in New Cumberland.
Pennsylvsnla which was oporated by the CUmberland Perry Assoctation of Retarded Citizens,
37, Somotime during his stay altho first group home, which WBS known 8S tho
'Children's Home' by CPARC staff, Dennis Kennedy was molested and possibly sexually
assaulted by 8 female staff member by the name of Peggy White,
36, The Incldenl occurred when Dennis wont ono day to lake 8 shower and was asked
by Ms, While If ho needed help,
39, Dennis, who had grown up on e fann taking care of his doily care, did not need help
with bathing,
40, Dennis has beon diagnosed es mildly to moderately retarded by competent modical
authority,
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4t, When Dennis agreed te be helped In bathing Ms, White began 10 assist him.
41, Accordin9to Ihe Plalntill Dennis Kennedy, al some point during the bathing, Ms.
While mlKle a move Ihst was clearly sexual In nature,
42. Before the Incident was over Dennis and Ms. White ended up In bed logelher,
43, Apparently the Incidenl became known to others In the group heme and st CPARC
becallSe of remar\(.s mr.de among Ihe stall,
44. Dennis was unable 10 express his embarrasmenl or pursue his legat rig his due 10 his
retardation.
45, Helen Kennedy. now Helen Cox, Dennis' molher, was never told of the Incidenl and
did nolleam of il until told by Dennis on Thanksglvling weekend, 1992,
46, In December. 19B 1, Dennis was moved to his first "odull' group home, Dennis
remained allhis group home until 1985.
: 47, Shortly after his move Into Ihe second group home, Dennis began to exhibit
Innepropriato advances toward female staff, noncompliance and rebeliion against group home
stall, and other precocious inappropriate behavior,
. 48, Dennis apparently wltnossod Q male slaff member molesllng s fenlale resldenl
(Consume~ while living atlhis second group home prior to Msrch, 1983,
, : 49, The male 51811 member in the Incident etthe second group homa was Immediately
,discharged but again Dennis' mother. Helen Kennedy(Cox) was not told of the incident. The
name of ths stsll memberwss Jeffrey Dokeman or Dykeman or Heckman or 50mthing similar,
50, Dennis' fi~ hospitalization occurred from November 12.22,1982, This was 8
psychlalrlc hospllaliullon due to Dennis' aggressive and Inappropriate behavior In tho group
home,
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51, In Juno. 1983 Dennis lost his Job at the Red Lobster where he was employed as a
bus-boY, Thero is some indication thatlnapproprlate 'talking to girls' may have boen partlsily
responsible for \he dlschsrga and perhaps inappropriate behavior by Dsnnis ss well.
52, There is no evidence Ihet CPARC ever specificly addressed the above sexuel
Incidenls directly with Dennis other than to lell him not to talk ebout them,
53. No apology hes ever been mode by CPARC to Dennis or to his mother. Plelntiff
Helen Cox for Iha above sexuallncldenls,
54, Dennis WDS moved to sthird group home In Lemoyne on Apri11ll. 1985 whoro he
lived unlll October, 1989,
55, This WDS the most slable period of Dennis' experience with CPARC, Dennis was
hospllalized twice durlng this period for a total of sovan monlhs,
56, .o,ennls was abruplly moved to anolhor Group home in Camp Hill on OClober 0,
1989, DenniS mother was not given 8 reason for this move nor do Ihe records IndiCllta why this
move occurred.
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56, While althe third group home, Dennis experienced.a l'!'ale slall member who came
to wor\( cross.dressed, Dennis was hospllalized again for psychlatnc reasons from Mar~ 14.
19Q0 until April 16, 1990. Aller lhis hospltalizalion, Dennis requesled not to return to this group
home.
67. On May 20,1990 Dennis was moved to a group home In Mecl1snlcsburg were he
remained until FebNary, 1992,
50, In 1991 Dennis lost 8 girl lriend and two lob placement:;.
59, While sl the Mochsnlcsburg group home, Dennis was forced 10 talk abOut emerging
sexuality Issues wilh femalo staff because thero were no male stall available. Later. when malo
slsll was avallabla, Dennis was told nol to talk to female sto:ff about sexual Issues,
60, While at the Mechonicsburg group home. Dennis was hospaalizod seversl times for
slgnifigsnl eplsodes of eggresslon.
61, On April 3, 1992 Dennis was Iransferred to Harrisburg Slate Hospital from which he
was transferred to Selinsgrove Cenler on Septomber B, 1992. where he currently resides,
62, On Thanksgiving weekend, 1992, while on s vls\l to his mothe(s home, Dennis was
sble 10 ellpress and tell of the Incident with peggy White lit the first group home for the firsltima,
63, \lis olleged that Ed Stemme failed to take appropriate action following lhe incident
with Peggy White al the first 9rouP home or took Inappropriata action,
64. It Is alleged Ihst Joyce Croft failed 10 take appropriete action or took inappropriate
aet:on following the Incident with Peggy White st the first group homa,
65, \lIs alleged that Peggy White was grossly negligent. willful and wanton In her
Inappropriate behavior towards Dennis Kennedy and In her failure to take spproprlate corrective
ectlon et the first group home,
66. \I Is alleged that Shirley Knox was grosssly negligent In falling 10 take colTecliv~
aelion or for taking Inapproprlate action following any of the tortiouS actlons which took place
undar her Jurisdiction end which are rela\ed to this complaint.
67, \I Is alleged that Vicl<.i Delillis was grossly negligent in felling 10 take corrective action
or for tsklng Inappropriate ectlon following sny of Ihe toJ1lou9 actions which took pisco under her
Jurisdiction and which are related to this complaint.
68. Ills alleged that Capalllne Pivomlc was grossly negllgenlln failing to tske corrective
action or lor taking Inapproprlate action following any of the loJ1ious actions which look place
under her Jurisdiction or management and which are relaled to this complaint.
, 69, It Is alleged that Carol Firenz was grossly negligent In failing to take corrective
action or lor taking lnsppropriate selion following any of the tortious actions which took place
under her Jurisdiction or msnagement and which are related to this complain\.
. 70, It Is alleged thet Paul Stengel was grossly negligent In failing 10 take corrective
aellOn or lor ,la~l"9 Inappropriate action following any of Ihe tortious actions which look placo
under his Junsdlctlon or managomenland which ers related to this complain!.
71, It IS, alleged lhat JoHrey DekemanJDykemanIHeckman was grossly ne91igent, wilful
snd wanton In hiS reckless conduct towerd a female resident which resulted In Injury towards
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Plaintifl Dennis Kennedy ss we" as emomtlonal distress, and for his (Mr, Dekeman's 'ailure to
take appropriate correcllve setion, il any,
72, It Is alleged that David Sipher took Inappropriate aclion or fsiled to take a~propriale
corrective aetion lollowlng the Incident with Jellrey DekemanlDykemanlHeckman(herelOafter
Dekeman) atlhe second group home,
73, It Is alleged that Thon1as Fink, Psychologist, failed 10 take appropriate action or
took Inapproprlsle aellon following any disclosures to him 01 any knowledge of the tortious aels In
this complainl.
74, It Is alleged that Ed Tlmbrell foiled to lake appropriate action or took Inapproprtale
ac1ion following dlsolosure 10 him of any of the tortious acts related to this complaint.
75. It is alleged that James Gurreri failed 10 take appropriste action or took inapproprilte
sction following disclosure to him of any of the tortious acts In or related to this complslnl.
76, II Is slleged that Cumbertsnd-Perry Assoclslion of Relsrded cll'zens was grossly
negligent and negligent for any and all of Ihe tortious acts which took plsce related to Ihis
complaint and for taking Inappropriats action or for failing to lako approprlale action to corred
tha effects of sama,
: 77, It Is alleged thatlha Pennsylvania Department 0' Public Welfsre was grossly snd
simply negligent for its inappropriate regulation 0' tho CPARC group homes In which Iha tortious
aels named In this complaint took placs,
78. All of the Defendsnts named in this complaint had a duty of care to the Plaintiffs.
79, All of the Defendan\.5 named In this complaint allegedly breached thaI duty to care
toward the Plslntiffs,
i eo, A:. a result of thaI breach of duly towards the Plalnlllfs, the Plaintiffs wera inJured.
perhaps Irreparably,
81. Plaintiffs seek aUappllcslble damages snd restitution provided by law,
B2, Plaintiffs speclficly plead I demsnd for punitive damages based on the gross
negligencs and wanton, wilful condud of the tortfeaso~ and their superiors,
63, Plaintiffs plead special and compensatory damages In the approximate amount of
$318,308,00 ss follows:
Pest Medical expenses $171.926.00
Future Medical expense S 8 t ,382.00
Mental Anguish $40,000,00
Totsl 318,308,00
~~Sen"lt).:
William C, Hodgson r
Atlomey for Plainliffs
MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM
Under l~e style 01 the sbove, Plainliffs respectfully request thai Helen M, Kenne<ly,
mother of Den",s Kennedy, be named Guardien ad litem for Ihls action. In suppar1 of this mollon
,
5. Paragraph 25 of Plaintiffs' Complaint states: Defendant
Department of Public Welfare is and was the inspector, and/or
licenser and/or regulator of at least one of the group homes and
the employees of CPARC during the time when at least one of the
tortious acts of gross negligence against the Plaintiff Dennis
Kennedy took place.
6. Paragraph 77 of Plaintiffs' Complaint states: It is
alleged that the Pennsylvania Department of Public Welfare was
grossly and simply negligent for its inappropriate regulation of
the CPARC group homes in which the tortious acts named in this
complaint took place.
7. No ";Iuse of action exists for negligent licensing,
inspection and/or regulation as the cloak of sovereign immunity has
not been waived with regard to such causes of action.
8. Therefore, even if the stdtements were true and accurate
regarding the Department of Public Welfare, no cause of action
exists for such alleged misconduct.
WHEREFORE, Defendant, Department of Public Welfare,
respectfully requests this Honorable Court to strike the Complaint
allegations as against Department of Public Welfare, thereby
dismissing with prejudice Plaintiffs' action against Department of
Public Welfare as the statute of limitations with regard to this
2
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: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA-CUMBERLAND COUNTY BRANCH
: NO. 94.6706
: CIVIL ACTION-LAW
DENNIS KENNEDY,
HELEN M. (KENNEDY) COX,
Plaintiffs
CUMBERLAND-PERRY
ASSOCIATION OF RETARDED
CITIZENS, CAROL FIRENZ,
CAPELLlNE PIVORNIC, PEGGY
WHITE, PAUL STENGEL,
Defendants
REQUEST FOR PRODUCTION OF DOCUMENTS
COME NOW the Plaintiffs pursuant to the Rule! of Civil Procedure of Pennsylvania and request
copies of the following documents and/or records from Cumberland-Perry Association of
Retarded CItizens (hereinafter CPARC):
1. Complete employment record of Defendant Peggy White,
2. Complete disciplinary record of Defendant Peggy While,
3, Comaspondence In CPARC's ftles relating to the reasons for Peggy White's discharge from
employment with CPARC,
4, Peggy White's education and training record, as complete and comprehensive as Is posessed
by CPARC,
Counsel respectfully requests that the above documr,nts be mailed to Counsel for the Plaintiffs,
I
Re.spectf~IIY submllled ~.
U~C ,ltv I -n
~llIIem C, Hodgson
Counsel for Plaintiffs
1600 Gamall Road, K-15
Upper Darby, PA 19062-4464
(610) 259-4264
m-prodoc,wr1
v.
: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA-CUMBERLAND COUNTY
: Bi'lANCH
: NO. 94-6706 CIVIL ACTION-LAW
DENNIS KENNEDY,
HELEN M, COX,
Plaintiffs
CUMBERLAND-PERRY ASSOCIATION OF
RETARDED CITIZENS, CAROL FIRENZ,
CAPELLINE PIVORNIC, PEGGY WHITE.
PAUL STENGEL,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this 30th day of Aprll, 1995, I, Wllllem C, Hodgson, Allomey for the
Plelntlffs. hereby cerllfy thetl have served a copy of the Plaintiffs' Request for prodoctlon of
Documents by mailing a copy of the same by United States Mall, postage prepaid, addressed as
follows:
William A. Addams
Fowler, Addams, Shughart & Rundle
Allomeys At Law
P,O, Box 208
Carlisle, PA 17013-0208
lIiJ1.- c Ij;.~
William C, Hodgson
AlIomey for Plaintiffs
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Dannis Kennedy and Helen Kennedy
-vs-
Cumberland-Perry Assocaition of
Retarded Citizens et al
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-6706 Civil Term
Complaint in Civil Action Law
and Notice To Defend
KnOK
'~ames, Gurreri, vCarol Firenz,Shirley
vVicki Delillis,'<capelline Pivornic,
Dept of Public Health & Welfare,
Attorney General's Office and Thomas
Fink
Robert L. Fink, Deputy Sheriff who being duly sworn according to law,
says on January 20, 1995 at 8:25 o'clock A.M.E.S.T., he served a true
copy of Complaint in Civil Action Law and Notice To Defend, in the
above entitled action upon one of the within named defendants to wit:
Cumberland-Perry Assocaition of Retarded Citizens, by making known unto
Vincent Gurreri,person in charge at time of service at 117 South Hanover
Street, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copy of the
same.
Robert L. Fink, Deputy Sheriff who being duly sworn according to law,
says on January 20, 1995 at 8:25 o'clock A.M.E.S.T., he served a true
copy of Complaint in Civil Action Law and Notice To Defend, in the above
entitled action upon the within named defendants to wit: James Gurreri,
Carol Firenz, by making known Vincent Gurreri for himself and Carol Firenz,
at 117 North Hanover Street, Carlisle, Cumberland County, Pennsylvania,
its contents and at the same time handing to him personally the said
true and attested copies of the same.
Steven Whisler, Deputy Sheriff, who being duly sworn according to law,
says on Janaury 23, 1995 at 10:53 o'clock A.M. E.S.T., he served a true
copy of Complaillt in Civil Action Law and Notice To Defend in the above
entitled action upon the within named defendant to wit: Cape1line Pivornic,
by making known unto Kathlene Pivornic at The Center For Industrial
Training 262 Silver Spring Road, Mechanicsburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally
the said true and attested copies of the same.
R. Thomas Kline, Sheriff who being duly sworn according to law,
says he made diligent search and inquiry for one of the within named
defendants to wit: Vicki Delillis, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Perry County to serve the
within Complaint in Civil Action Law and Notice To Defend according
to law.
PERRY COUNTY RETURN: Now January 24, 1995 at 1:45 o'clock P.M. served
the wihtin Complaint upon Vicki Deli1lis T % Susquenita Elem. School
Duncannon, Penn Twp., Perry County, PA by handing to Vicki Delillis a true
and attested copy of the original Complaint and made known unto her the
contents thereof.
So answers: Carl E. Nace, Deputy Sheriff
Perry County Return is hereto attached.
R. Thomas Kline. Sheriff, who being duly sworn according to law,
says he made diligent search and inquiry for the within named defendants
to wit: Shirley KnoK. Dept of Public Health & Welfare, Attorney General'e
Office and Thomas Fink, but was uanble to locate them in his bailiwick.
He therefore deputized the Sheriff of Dauphin County to serve the within
Complaint in Civil Action Law and Notice To Defend according to law.
DAUPHIN COUNTY RETURN: And now: January 24, 1995 at 11:11 A.M. served the
within Civil Action Complaint upon Shirley Knox by personally handing to
Shirley KnOK atrue attested copy of the original Complaint and making known
to her the contents thereof at Bldg. H 2 Suite 221 2001 North Front Street,
Harrisburg Dauphin County, Penna.
And now: January 24, 1995 at 11:20 AM served the within Civil Action
Complaint upon Dept of Public Health & Welfare by personally handing
to Howard Vian Asst, Coounsel and person in charge at time of service a
true atteated copy of the original Complaint and making known to him
the contents at 305 Health & Welfare Bldg., Harrisburg, Dauphin County.
Penna.
And now: January 24. 1995 at 8:20AM served the within civil Action
Complaint upon Attorney General by personally handing to Gail Gastrock, Sec'y
and person in charge at time of service a true and attested copy of the
original Complaint and making known unto her the contents at 16th Floor
Strawberry Square,Harrisburg, Dauphin County, Penna.
And Now: Janaury 25, 1995 Sheriff of Dauphin County, Penna made
diligent search for within deft., Thomas Fink and returns NOT FOUND,
Mr Fink lives in Marysville.
So answers: William Livingston. Sheriff Dauphin County, Pennsylvania
Dauphin County Return is hereto attached.
Sheriff's Costs:
DOCketing
Service
Surcharge
Out of County
Per,'Cy County
Dauphin County
So answ.~,'CoiI,:,'- 4>~\~
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4 6.00
8.96
18.00
10.00
23.00
26.50
$ 132.46 pd. by
atty 1-27-95
R. Thomas Kline,Sheriff
By;C?J)f. -;CZ2d2--
i'Je tf (1 ~fief if f
By~t-:::y, /, )MA
Deputy Sheriff
Sworn and Subscribed To Before Me
This 0(" ).. Day of
1995, A.D. 4J.-
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: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA.CUMBERLAND
: COUNTY BRANCH
: NO, 04.6706 Civil
: Civil Actlon.Law
CUMBERLAND.PERRY ASSOCIATION
OF RETARDED CITIZENS, JAMES :
GURRERI, CAROL FIRENZ. SHIRLEY :
KNOX. VICKI DELILLlS. CAPELLlNE :
PIVORNIC. DEPARTMENT OF PUBLIC :
WELFARE, PEGGY WHITE, PAUL :
STENGEL, JOYCE CROFT, THOMAS:
FINK. DAVID SIPHER, ED TIMBRELL, :
JEFFREY DEKEMAN/DYKEMANJ
HECKMAN, ED STEMME,
DENNIS KENNEDY,
HELEN KENNEDY.
Plalntllrs
v,
COMPLAINT AND MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
...
COMPLAINT
And now, thls..il1!J day of January, 1995, come the Plalnlffs, by their Allomey,
William C, Hodgson, and set forth the within Complaint agalnstlhe Defendants, to wit:
1, Plalnllff Dennis Kennedy Is an adult Individual whose legal address Is Sellnsgrove
Center, Box 500, Sellnsgrove, Snyder County. PA 17870,
2, Plaintiff Helen Kennedy Is an adult Individual whose legal address Is R.D, 4, Box 173,
Newport, Perry County, PA 17074,
3, Defendant Cumberland-Perry Association of Retarded Citizens Is an Association with
lis business address located atl17 Norlh Hanover Stroet, Carlisle, Cumberland County, PA
17013,
4, D~fendant James Gumarlls the executive Director of the Cumberlan-Perry
Association of Retarded CItizens; and whose business address Is 117 North Hanover Street,
Carlisle. Cumbe~and County. PA 17013,
5, Defendant Carol Flrenz Is an adulllndlvldual whose business address Is 1 ~ 7 North
Hanover Street, Carlisle, Cumbe~and County, PA 17013,
6, Defendant Shirley Knox Is an adult Individual whose business address Is the
Pennsylvania Association of Retarded CItizens and whose business address Is Building 2. Suite
221,2001 Norlh Front Street, Harrisburg. Dauphin County, PA 17102,
7, Defendant Vicki Dellllls Is an adulllndlldual whose business address Is The
Susquenlta Elementary School. Schoolhouse Road, Duncannon, Perry County, PA 17020,
8, Defendant Capelllne Plvomlc Is an adult Individual whose business address Is The
Center for Industrlal Training at 262 Sliver Spring Road. Mechanlcsburg. Cumberland County.
PA 17055,
.'
, 9,. tho Department of Public Welfare Is a Deporlment of the Commonwealth of
, Pennsylvania whose business address Is 305 Heallh and Welfare Building, Harrisburg, Dauphin
County, PA 17105-2675.
10, Defendant Peggy While Is an adult Individual whose address Is presently unknown,
11, Defendant Paul Stengel Is an adull'ndlvldual whose eddress Is presently unknown,
12, Defendant Joyce Croft Is an adultlndlvlllual whose address Is presently unknown,
13, Defendant Thomas Fink Is an adult Individual whose address Is 2217 Southfield
Road, Harrisburg, Dauphin County, PA 17104,
14, David Slpher Is an adult Individual whose address Is presently unknown,
15, Ed Tlmbrellls an adult Individual whose address Is presently unknown,
16, Jeffrey Dakemanl Dykemanl Heckman Is an adult Individual whose address Is
presently unknown,
17, Ed Stemme Is an adult Individual whose address Is presently unknown,
18, The Incidents giving rise to this cause of action took place betwren SllPtember,
1980 and December, 198?~1 between De (. , /"1 Y( - and ' I1.vJ rl . l'1kS as well
as varlous dates between 0 and I!t 'f 2.., ---r I '
19, Defendant Cumberland. Perry Association of Retarded CItizens (hereinafter known
as CPARC) Is the care provider which operated the group homes In which the Plaintiff Dennis
Kennedy resided durlng the times In which the torllous acts took place,
20, Defendant James Gumarlls the cumant executive Director of CPARC,
21, Defendant Carol Flrenz Is the fonmer Director of Residential Services for CPARC at
the time when at least one of the tortious acts against the Plslntlff Dennis Kennedy took place,
22, Defendant Shlrtey Knox Is a fonmer employee of CPARC who had supervisory and
lor management nasponslblllty for employees of CPARC and for the management of at least one
of the group homes In which the tortolus acts took place which were caused by the gross
negllgOflce of the Defendants,
23, Defendant Vicki Dellllls Is a fonmer employee of CPARC who had superviSOry and
lor management responsibility for employees of CPARC and for the management of at least one
of the group homes In which the tortious acts against the Plalnllff Dennis Kennedy took place.
24, Defendant Capelllne Plvomlo Is s fonmer employee of CPARC who had
management and/or supervisory responsibility for employees of CPARC and for the
management of atloast one of the group homes and! or programs In which the tortious ai:ts
against Plaintiff Dennis Kennedy took place,
25, Defendant Department of Public Welfare Is and was the Inspector, and lor licenser
and/or regulator of at least one of the group homes and the employees of CPARC duling the
time when atleasl one of the tortious acts of gross negligence against the Plaintiff Dennis
Kennedy took place,
.... '.'
26, Dafendant Poggy Whllo Is a former employoe and staff member of CPARC who
was responsible lor the cere, protoctlon end nUrlurlng of Plaintiff Dennis Kennedy durlng the time
period when atloast one of tho torllous acts agelnst Plalnllff Donnls Konnedy took place,
26, Dofendant Paul Stengel Is a former employoe of CPARC who was responslblo for
the operallons and sorvlces of CPARC In at least one of the group homes, and durlng tha lime
period, In which at least one of the tortious acts against the Plalnllff Dennis konnedy took place,
27, Joyce Croft was the Senior Program Advisor In the group home on 721 Second
Street, New Cumberland, PA during the period of lime when at least one of tho tortious acts
against the Plaintiff Dennis Kennody took place,
28, Thomas Fink was a psychologist providing services to at least one of the group
homes durlng or following the torllous acts against Plaintiff Denn;s Kennedy,
29, Defendant David Slpher Is a former employee of CPARC who had supervisory
and/or () .f;/sroC....It'1
management responSibility for the S'e c. a... elL, group home n which torllous acts
against Plaintiff Dennis Kennedy took place, I
30, Defondant Ed Tlmbrellls a member of tho CPARC Board of Directors and Is
believed to have been on the Board durlng the lime perlod when at least one of the torllous acts
against Plalntllf Dennis Kennedy took place,
31, Defendant Jeffrey DekemanlDykemanlHeckman was an employee and staff
member of CPARC responsible for the cero, protection and nurturlng of the Plaintiff Dennis
Kennedy durlng the perlod of lime when at least one of tho tortious acts against Plalnllff Dennis
Kennedy took place,
32, Defendant Ed Stemme was an employee and program advisor In the CPARC group
home loceted on 721 Second Street, New Cumberlano, PA durlng the period of lime when at
least one of the tortious acts against the Plalnllff Dennis Kennedy took place.
33, Dennis Kennedy was bom July 10, 1962.
34, Since his entry Into pre-school Dennis was thought to have some type of brain
damage,
35, Dennis was denied parllclpallon In Head Stort and allended the Capllol Area
Intermediate Unit unlllthe Summer of 1980,
36, In the fall of 1980 Dennis was ad milled to his first group home In New Cumberland,
Pennsylvania which was operated by the Cumberland Perry Association of Retarded CItizens.
37, Sometime durlng his stay at the first group home, which was known as the
"Children's Home" by CPARC staff, Dennis Kennedy was molested and possibly sexually
assaulled by a female staff member by the name of Peggy White,
38, The Incident occurred when Dennis went one day to take a shower and was asked
by Ms, While If he needed help,
39, Dennis, who had grown up on a farm taking cere of his dally cere, did not need help
wllh bathing,
40, Dannls has been diagnosed as mildly to rr.oderately retarded by competent medical
authority,
'4 ... .
41, When Dennis agreed to be helped In bathing Ms, White began to assist him,
41, Accordlno to the Plaintiff Dennis Kennedy, at some point during the bathing, Ms,
While made a move that was clearly sexuelln nature,
42, Before the Incident was over Dennis and Ms, White ended up In bed together,
<13, Apparently the Incident became known to others In the group home and at CPARC
because of remarl\s made among the staff,
44, Dennis was unable to express his embarrasment or pursue his legal rights due to his
retardallon,
45, Helen Kennedy, now Helen Cox. Dennis' mother, was never told of the Incident and
did notleam of it unllltold by Dennis on Thanksglvllng weekend, 1992,
<18, In December, 1981, Dennis was moved to his first "aduit" group home, Dennis
remained at this group home unlll1985,
47, Shortly after his move Into the second group home, Dennis began to exhibit
Innaproprlate advances toward female staff, noncomptlance and rebellion /lgalnst group home
staff, and other precocious Inappropriate behavior,
48, Dennis apparently witnessed a male staff member molesting a female resident
(Consumer) while living at this second group home prlor to March, 1983,
<19, The male staff member In the Incident at the second group t:,me was Immediately
discharged but again Dennis' mother. Helen Kennedy(Cox) was not told of the Incident. The
name of the staff member was Jeffrey Dekeman or Dykeman or Heckman or somthlng aim liar,
50, Dennis' first hospitalization occurred from November 12-22. 1982, This was a
psychlatrlc hospitalization due to Dennis' aggressive and Inapproprlate behavior In the group
home,
51, In June. 1983 Dennis lost his Job at the Red Lobster whera he was employed as a
bus-boy. There Is some Indication that Inappropriate "talking to girts" may have been partially
responsible for the discharge and perhaps Inapproprlate behavior by Dennis as well,
52, There Is no evidence that CPARC ever speclficly addressed the above sexual
Incidents directly with Dennis other than to tall him not to talk about them,
53, No apology has ever been made by CPARC to Dennis or to his mother, Plaintiff
Helen Cox for the above sexual Incidents,
54, Dennis wes moved to a third group home In Lemoyne on Aprl119, 1985 where he
lived unlll October, 1989,
55, This was the most stable perlod of Dannls' experience with CPARC, Dennis was
hClspltallzed twice during this perlod for s total of seven months,
58, Dennis was abruptly moved to another Group home In Camp HIli on October 9,
1989, Dennis' mother was not given a reason for this move nor do the records Indlcete why this
move occurred,
. '
56, Whllo atlhe third group home, Dennis experlonced a male stall member who came
to wor1l cross-dressed, Dennis was hospitalized ageln for psychiatric reasons from March 14,
1990 until April 16, 1990, After this hospitalization, Dennis requested not to return to this group
home,
57, On May 20, 1990 Dennis was moved to a group home In Mechanlcsburg where he
remained until February, 1992,
58, In 1991 Dennis lost a girl frlend and two Job placements,
59, While atlhe Mechanlcsburg group home, Dennis was forced to talk about emerging
sexuality Issues with female staff beceuse there were no male staff available, Later, when male
staff was available, Dennis was told not to talk 10 female staff about sexual Issues,
60, Whlla atlhe Mechanlcsburg group home, Dennis was hospitalized several times for
algnlflgant episodes of aggression,
6t, On April 3. 1992 Dennis was transferred to Harrisburg State Hospital from which he
was transferred to Sellnsorove Centar on September 8, 1992, where he currently resides,
62, On Thanksgiving weekend, 1992, while on a visit to his mother's home, Dennis was
able to express and tell of the Incident with Peggy White at the f1rsl group home for the first time,
63, Ills alleged that Ed Stemme failed to take appropriate action following tha Incldent
with Peggy White at the first group homa or took Inappropriate action,
64, It Is alleged that Joyce Croft failed to take appropriata action or took Inapproprlate
action fOllowing the Incident with Peggy White at the first group home,
65, It Is alleged that Peggy White was grossly negligent, willful and wanton In her
InapPl'Oprlate behavior towards Dennis Kennedy and In her failure to take appropriate corrective
action at the first group home,
66, Ills alleged that Shirley Knox was grosssly negllgenlln failing to take comactive
action or for taking Inapproprlate action following any of the tortious actions which took place
under har jurisdiction and which are related to this complaint.
67, It Is alleged that Vicki Dellllls was grossly negligent In failing to take comactlve action
or for taking Inapproprlate action follOwing any of the torllous actions which took place under her
jurisdiction and which are related to this complaint.
68, Ills alleged that Capelllne Plvomlc was grossly negllgenlln failing to take comactlve
action or for taking Inappropriate action following any of the tortious actions which took place
under her jurisdiction or management and which are related to this complaint.
69, Ills alleged that Carol Flrenz was grossly negligent In failing to take comactlve
action or for taking Inapproprlate action following any of the tortious actions which took place
under her jurlsdlctlon or management and which are related to lhls complaint.
70, Ills alleged that Paul Stengel was grossly negligent In failing to lake corrective
action or for laking Inapproprlate action fOllowing any of the torllous actions which took place
under his jurisdiction or management and which are relRted to this complaint,
71, Ills alleged that Jeffrey Dekeman/DykemanlHeckman was grossly negligent, wilful
alld wanton in his reckless conduct toward a female resident which resulted In Injury towards
, . '
Plaintiff Dennis Kennedy as well as emomtlonal distress, and for his (Mr, Dekeman's failure 10
take appropriate corrective action, If any,
72, Ills alleged that David Sipher took Inapproprlate action or failed to take approprlate
corrective action following the Incident with Jeffrey Dekeman'DykemBn'Heckman(herelnafter
Dekemanl at the second group home,
73, Ills alleged that Thomas Fink, Psychologist, failed to take appropriate action or
took Inapproprlate action following any disclosures to him of any knowledge of the lortlous acts In
this complaint.
74, Ills alleged that Ed Tlmbrellfalled to lake approprlate action or took Inapproprlate
action following disclosure 10 him of any of the torllous acts related to this complaint.
75, Ills alleged that James Gurrerl failed to take appropriate action or took 'napproprlata
action follOWing disclosure to him of any of the torllous acts In or related to this complaint.
76, Ills alleged that Cumberland-Perry AssoCiation of Retarded citizens was grossly
negligent and negligent for any and all of the tortious acts which took place related to this
complaint and for taking Inappropriate action or for failing to take appropriate action to comact
the effects of same,
77, Ills alleged thatlhe Pennsylvania Department of Public Welfare was grossly and
simply negligent for Its Inapproprlate regulation of the CPARC group homes In which the tortious
acts named In this complaint look place,
78, All of the Defendants named In this complaint had a duty of care to the Plaintiffs,
79, All of the Defendants named In this complaint allegedly breached that duty 10 care
toward the Plaintiffs,
80, As a resull of that breach of duty towards the Plaintiffs, Iho Plaintiffs were Injured,
perhaps lmaparably,
81. Plaintiffs seek all appllcelble damages and restllutlon provided by law,
82, Plaintiffs speciflcly plead a demand for punitive damages based on the gross
negligence and wanton, wilful conduct of the tortfeasors and their superiors,
83. Plaintiffs plead special and compensatory damages In the approxlmata amount of
$318,308,00 as follows:
Past Medlcel expenses $171,926,00
Futura Medlcel expense $ 81.382,00
Mental Anguish $40,000,00
Total 318,308,00
t:J~St"~~
William C, Hodgson fVh
AlIomey for Plaintiffs
MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM
Under the style of the above, Plaintiffs respectfully request that Helen M, Kennedy,
mother of Dennis Kennedy, be named Guardian ad litem for this action, In support of this motion
.-
Plaintiffs state that Dennis Kennedy has been found by expert medical authority to be mentally
retarded In the mild to moderate range and Is In fact unable legally or practically 10 manage the
course of this litigation, Therefore, Plaintiffs move that Helen Kennedy be appointed Guardian
ad litem with authorlty to conduct compromise and settle all mailers with respect to this ceuse or
eny related ceuse of action,
Respectfully submll,?CY
W~.tfcn~
William C, Hodgson I' .
Allomey for Plaintiffs
VERIFICATION
We, Dennis Kennedy and Helen M, Cox, Plaintiffs, do hereby swear and afflnm thai the facts set
forth In the foregoing complaint and motion are true and correct to the best of our knowledge,
Infonmatlon and belief, Wa understand thatlhls veril1cellon Is made subject to tha penallles of
18 Pa, C,S, Section 4904, relating to unsworn falsll1cetlon to authorllles,
WITNESS:
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DENNIS KENNEDY
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HELEN M, COX
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Shirley KnOK
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-6706 Civil Term
Summons in Civil Action Law
Dennis Kennedy and
Helen M. COK
VS
Cumberland-Perry Association of Retarded
Citizens, James Gurreri, Carol Firenz.
Shirley KnoK, Vicki Delillis and Capelline
Pivornic. Department of Public Welfare, Peggy
White. Paul Stengel, Joyce Croft, Thomas Fink,
DbVid Sipher, Ed Timbrell, Jeffrey Dekeman/
Dykeman/Heckman and Ed Stemme
Michael Barrick. Deputy Sheriff, who being duly sworn according to
law, says that on November 30, 1994 at 8:22 o'clock A.M., E.S.T., he served
the within Summons in Civil Action Law, in the above entitled action, upon
the within named defendants. to wit: Cumberland-Perry Association of
Retarded Citizens, James Gurreri, and Carol Firenz, by making known unto
James Gurreri, defendant and adult in charge, accepted for all three defendants,
at 117 North Hanover Street, Carlisle, Cumherland County, Pennsylvania,
its contents ~nd at the same time handing to him personally the said true
and attested copies of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says that hu made diligent search and inquiry for the within named defendant,
to wit: Shi~ley KnoK, but was unable to locate her in his bailiwick. He
therefore returns the within Summons in Civil Action Law as "NOT FOUND,"
as to the within named defendant, Shirley KnoK. Defendant now works at
The Pennsylvania Association for Retarded Citizens (state office) at Bldg. 2,
Suite 221, 2001 North Front Street, Harrishurg, Pennsylvania.
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says that he made diligent search and inquiry for the within named defendant,
to wit: Vicki Delillis, but was unable to locate her in his bailiwick. He
therefore returns the within Summons in Civil Action Law as "NOT FOUND,"
as to the within named defendant, Vicki Delillis. Defendant now works at
The Susquenita Elementary School, Schoolhouse Road, Duncannon, Pennsylvania.
Michael Barrick, Deputy Sheriff, who being duly sworn according to
law, says that on December 09, 1994 at 1:05 o'clock P.M., E.S.T., he served
a true copy of the within Summons in Civil Action Law, in the above entitled
action, upon the within named defendant. to wit: Capelline Pivornic, by
making known unto Capelline Pivornic, at 262 Silver Spring Road, Mechanicsburg,
Cumberland County, Pennsylvania (Center For Industrial Training), its
contents and at the same time handing to her personally the said true and
attested copy of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says that he made diligent search and inquiry for the within named defendant,
to wit: Department of Public Welfare and The Attorney General's Office, but
was unable to locate them in his bailiwick. He therefore deputized the
Sheriff of Dauphin County, Pennsylvania, to serve the within Summons in
Civil Action Law according to law.
DAUPHIN COUNTY RETURN: AND NOW: November 30th 1994 at 10:15 A.M.,
served the within Summon~ upon Attorney General by personally handing to
Stacey Welt, Receptionist and person in charge at time of service a tru~
attested copy of the original Summons ans making known to her the contents
thereof at their place of business, Strawberry Square, 16th Floor, HarriSburg,
Pennsylvania.
AND NOW: November 30th, 1994 at 10:40 A.M. served within Summons
upon Dept. of Public Welfare, by personally handing to Cristine DeMichel,
Secretary Bnd person in charge at time of service a true copy & making known
to her the contents at their place of business, 305 Health & Welfare Bldg.,
Harrisburg, PA. So answers: William H. Livingston, Sheriff of Dauphin
County, Pennsylvania.
Dauphin County return hereto attached.
Sheriff's Costs:
Docketing 42.00
Service 8.96
Surcharge 16.00
Out of County 5.00
Dauphin Co. 21.50
93.46 Pd. by lItty.
12-12-94
So A~~~
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BY /.. to-1~ ~~'
eputy riff \
Sworn and Subscribed to Before Me
This /'/ q,. Day of /Au ......~
1994, A.D.,'-"..l. ~ (] M..;g,u Lry.1'1'
~onotary ,
In Th~ Court or C.::mmO:1 P!e::s or C:.J:'.::"~~It'l::nd C'::U:-;o:YI Panr:syl'le:nio
Dennfs Kennedy and lIelen M. COK
'is.
Department of Public Welfare
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94-(i706 Cillll Tem!-, :?.._
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November 28, 1994
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Commonwealth of Pennsylvania
County of Cumberland
Dunnis Ktmnudy
Huh,n M. Cox
v.
Cumbt,rlund-I'urry ^UBLlcLlt LOll of
Ruttlrdud Citi:o:unll, JdlllUD (lur.n,ri,
Cdrol Firun:o:, Shirley KlIOX, Vicki
Dulillis and Cupellinu Pivor.nic
117 N. Hdnovur St.
Cdrlislu FA 17013
Duptlrtment of Public Wulfdr.e
305 Hutllth & Wulftlre Bldg.
Htlrrisburg FA 17105-2675
Puggy (Mdrgtl Rite) White
Ptlul Stun gel
Joyce Croft
Thomas Fink
Dlivid Sipher
Ed Timbrell
Jeffrey Dekumun/Dykumdn/Huckmdn
Ed Stemmu
Court of (;omm01l Plell.l
94-6706 civil
19____
No,
~~_~_4_~_____________________________
Civil Action - Ldw
III ______.._____________________________________
To _f.ll!TI.g~'XJ.-''![ls!:R~F..I.:Y--t\1!~.9.9J9.qQI}--qf He ttJrdud CitizenS ut CJ 1
You are hereby notilied that
Dunnis Ktmnudy and Helml M. COK
.------------------------------------------------.------------------------------------------------
th PI' 'rrs l'''u 'd " Summons - Civil Action - LaW
e 31nU li.l"" conlnlcnce an aeUan In --------.----------------------------------....----......--..-oo
against you which you an' rC(luin.d to dcfl'ucl or ,I ddault judgment may be entered against you.
(SEAL)
Dale
NClvumbor 23,
94
19____
Ldwrencu E. Welker
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Hulen M. COK
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Cumbl.rlond-Purry AS60C!.tt Lon of
R~turdud CitizenR, Jdml.:Hl (jurruri.,
C~rol Firunz, Shirley Knox, Vicki
Delilli6 tlnd Copel1ine rivornJc
117 N. lI<mover St.
Ctlrlislu PA 17013
Deportment of Public Welf.,n,
305 lIuolth & Wulftln< nldg.
lIi.1rrisburg PA 17105-2675
Peggy (Morgtl Rite) White
Pcwl Stengel
Joyce Croft
Thomos Fink
Dtlvid Sipher
Ed Timbrell
Jeffrey Dekemun/Dykemtln/Huckmon
Ed Stemme
of Pennsylvania
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Cnurt of Common Pleas
No.
94-6'/06 Civil
19____
In _ __ _ _ c: .i. '!.!~ ~_ _~~_~~_~ !:1__:__I~ ~_~_ _____________
To _~1,!!'!.'?~.~~.q[l.q:R':!E.ry__tV!~.Q9},..;IJ.!2,1}__qf R(Jt~rded Citizen' et 01
You are hereby notified that
Dennis Kennedy tlnd lIulen M. Cox
.---..--------------------------------------------.------------------------------------------------
th PI' '((S l,"e d t" Summons - Civil Action - LdW
a alnn lo.r comnlence an ac Ion In --------.------...-------------....--------.....----------.......-..-
against you which >'(lU are requirrd to dr.rcnd or a ddault judgment nt:'y be elltered against you.
(SEAL)
Date
November 23,
94
19.___
Ldwrencu E. Wolker
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SHERIFF'S RETURN
CASE NOI 1994-06706 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KENNEDY DENNIS
VS.
CUMBERLAND-PERRY ASSOCIATION
R. Thomas Kline . Sh",riff, who being duly sworn according
to law, says, that he mad", diligent 8E'arch and inquiry for the within
named defendant, to wit: STEMME ED
but was unable to locate
deputized the sheriff of
to serve the within
Him
in his bailiwick. He therefore
DAUPHIN County, Pennsylvania.
COMPLAINT AND MOTION
On April
20th. 1995
, this office WBB in receipt of
the attached return from
DAUPHIN
County, Pennsylvania.
Sheriff's Costs:
Docketing
Out of County
Surchal'ge
DAUPHIN COUNTY
5.00
9.00
2.00
35.50
$52.50 WILLIAM HODGSON
04/20/1995
So ans~erB;_/
/:;< ) /;:::/
/;; / 4;", 2~ . " 'J
...1 /~>-~-. -~ /./ . .-~..--:'"
RI thomas Kline, ~her1tf
Sworn and subscribed to before me
this
19 It 5'"
3 '4( day 0 f 7h....1
A. D.
( \ 0..... .
~.........I~~.J.'
pr'othonot'ar~
SHERIFF'S RETURN
CASE 10101 1994-05706 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KENNEDY DENNI:;;
VS.
CUMBERLAND-PERRY ASSOCIATION
R, Thomas Kline
, Sheriff, who being duly S\forn according
to la\f. says, that he mude diligent search and inquiry for the \fithin
named defendant, to \fi t: FINK THOMAS
but \fas unable to locate
deputized the sheriff of
to serve the \fithin
Him
in his baili\fick. He therefore
DAUPHIN County, Pennsylvania.
COMPLAINT AND MOTION
On April
20th,
1995
, this office \fas in
the attached return from
DAUPHIN
County,
receipt o:f
Pennsylvania.
Sherif:f's CostSI
Docketing
Out o:f County
Surcharge
5.00
.00
2.00
So answers: / /, .-'
~/ ,.J/
J V~~d~ -,1".-2:~
~I Thomas Kline, 5her~ff
$8.00 WILLIAN HODGSON
04/20/1995
S\forn and subscribed to before me
this ,'3...1 day of I\-\."1
19 G~ A.D.
~~ n r~'t''^-' ~
Pro onotor
SHERIFF'S RETURN
CASE NO: 1994-06706 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KENNEDY DENNIS
VS.
CUMBERLAND-P~Y ASSOCIATION
R. Thomas Kline
, Sheriff, who being duly sworn according
to law, says, that he made diligent search and Inquiry for the within
named defendant, to wit: SIPH~R DAVID
On Allril
20th, 1995
Him in hie bailiwick. He therefore
YORK County, Pennsylvania.
COMPLAINT AND MOTION
, this office was in receipt of
YORK County. Pennsylvania.
but was unable to locate
deputized the sheriff of
to serve the within
the attached return from
Sheriff's Costs I
Docketing
Out of County
Surcharge
YORK COUNTY
6.00
9.00
2.00
25.34
~4L.J4 WILLIAM HODGSON
04/20/1995
So answe~ .
~ ~:a/ ,/.:i!::~
H. I homas Kline, ::iherl1f
Sworn and subscribed to before me
this .'l"" day of~
19 q{ A.D.
--4,
. -
t.A.,... P~L.-..J' .
, ~r~onot...'i1~
SHERIFF'S RETURN
CASE NOI 1994-0570G P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KENNEDY DENNIS
VS.
CUMBERLAND-PERRY ASSOCIATION
R. Thomas I<l.i.u",,-
~ Sheriff. who being duly sworn according
to law, aaya, that he made diligent search and inquiry for the within
named defendant. to wit: WHITE PEGGY (MARGARlTE)
but waa unable to locate H~r
in his bai 1 i WiCK. lie therefore returns
the COMPLAINT AND MOTION NOT SERVEn . as to the within named defendant,
WHITE PEGGY (MARGARITE)
DEFRENDANT MOVED POST OFFICE liAS NO FORWARDING
ADDRESS
Sheriff'a Coats:
Docketing
Service
Affidavit
Surcharge
So answers: ' /
18. o ill ,/', / //';/
18.48 / ,/';" -/
.00 _'('x:~,,;;.:r.-' /.::-.-
2.00 R.' Ii homos ~, Sher1ff
$~~ WILLIAM HODGSON
04/20/1995
Sworn and subscribed to before me
this 3,,,,",- day of '!IA....,
.
19 0.'5' A. D.
(}'r ~o'~~'t';jNr';
SHERIFF'S RETURN
COST $
DEFENDANT
DOCUMENT SERVED
INDIVIDUAL SEIlVED
RELATIONSHIP TO DEFENDANT
PROTHONOTARY #,
R- t9 2 7
Paul Stengel
Civil
-'
Abbey Posquale
Person In Charge
DATE AND PREVAILING TIME
LOCATION
April 12, 1995 @ 10:55
ARC Montgomery County, Continental Plaza,
1010 W. Ninth Ave., King of Prussia, PA
THE ABOVE DOCUMENT WAS SERVED ON THE DEFENDANT AS PER INFORMATION LISTED ABOVE IN
THE COUNTY OF MONTGOMERY, COMMONWEALTH OF PENNSYLVANIA.
AFFIRMED AND SUBSCRIBED BEFORE ME ON
THIS DAY,
April 13, 1995
SO ANSWERS,
~:~~~~~
SHERIFF OF MONTGOMERY COUNTY
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BY
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.- DEPUTY SHERIFF
Bono
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Dennis Kennedy and Helen Kennedy
''is.
David Sypher
Q4-6706 C1vil Te~
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\n in\!) Court ci C=mmon ple::s of C:Jr.:::'~lt'i::nd c.:)u';",~'Y, Panr:sylve:r:i:::
DennJ.9- KenoOOy and Ilelen Kennedy
VS.
Paul Stengel
" 94-6706 Civil Tcnn
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April 4 , 1995
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IN TilE COURT OF COMMON PLEAS OF
'I'IIE NINTII JUDICIAL DISTRIC'l' OF
PENNSYLVANIA -
CUMBERLAND COUNTY BRl\NCII
NO. 94-6706 civil
Civil Action - Law
p'
DENNIS KENNEDY,
IIELEN KENNEDY,
Plaintiffs,
CUMBERLAND-PERRY ASSOCIATION OF
RETARDED CITIZENS, JAMES GURRERI,
CAROL FIRENZ, SIIIRLEY KNOX, VICKI
DELILLIS, CAPELLINE PIVO~NIC,
DEPARTMENT OF PUBLIC WELFARE, PEGGY
WHITE, PAUL STENGEL, JOYCE CROFT,
THmlAS FINK, DAVID SIPIIER, ED
TIMBRELL, JEFFREY DEKEMAN/DYKEMAN/
HECKMAN, ED STEMME,
Defendants.
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set
forth against you.
You are warned that if you fail to do so the case may proceed
without 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 TIIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TilE
OFFICE SET FORTI! BELOW TO FIND OUT WIlERE YOU CAN GET HELP.
Cumberland County Courthouse
Court Administrator
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
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229 Walnut Street
Newport, PA 17074
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TRUE COpy FROM RECORD
'n Testimony whereof, I here unto set my hand
~nd the seal 01 said ~l Car "'~'~;,
~~IS '1:'- d~ ll....~. 19~'
jI~o IA.~ . 4.g{!:\...... - I
Prothonotary ,
,.
DENNIS KENNEDY,
HELEN KENNEDY,
Plalnlllls
v,
COMPLAINT AND MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
...
COMPLAINT
And now, this -DifJ day of January, t995, come the Plalnlffs, by their A!larney,
William C, Hodgson, and set forlh Ihe within Complaint agalnstlhe Defendants, 10 wit:
1, Plaintiff Dennis Kennedy Is an adulllndlvldual whose legal address Is Sellnsgrove
Cenler, Box 500, Sellnsgrove, Snyder County, PA 17870,
2, Plalnllll Helen Kennedy Is an edulllndlvldual whose :~Qal adrfro;:; Is R.D, 4, Box 173,
Newport, Perry County, PA 17074,
3, Defendant Cumberland. Perry Assoclallon of Retarded CllIzens Is an Assoclallon with
lis business address localed at117 North Hanover Straet, Carlisle, Cumberland County, PA
17013,
4, Defendant James Gurrerlls the executive Director of the Cumberlan.Perry
Assoclallon of Retarded Clllzens: and whose business address Is 117 Norlh Hanover Street,
Carlisle. Cumberland County, PA 170t3,
5, Defendant CarDl Flrenz Is an adulllndlvldual whose business address Is 117 North
Hanover Street, Carlisle, Cumberland County, PA 17013,
6, Defendant Shirley Knox Is an adulllndlvldual whose business address Is the
Pennsylvanle Assoclallon o( Retarded Clllzens and whose business address Is Building 2. Suite
221,2001 North Fronl Street, Harrisburg, DauphIn Counly. PA 17102,
7, Defendant Vicki Dellllls Is an adult Indlldual whose business address Is The
Susquenlla Elementary School. Schoolhouse Road, Duncannon, Perry County. PA 17020,
8, Defendanl Capelllne Plvomlc Is an adulllndlvldual whose business address Is The
Cenler for Industrial Training at 262 Sliver Sprlng Road, Mechanlcsburg. Cumberland County,
PA 17055,
.
9, The Deparlmenl 01 Public Wellare Is a Departmenl of Ihe Commonweallh of
Pennsylvania whose business address Is 305 Heallh and Welfare Building, Harrisburg, Dauphin
County, PA 17105.2675,
10, Delendant Peggy While Is an adulllndlvldual whose address Is presenlly unknown,
11, Delendanl Poul Stengel Is an adulllndlvldual whose address Is presenlly unknown,
12, Delendanl Joyce Croflls an adulllndlvldual whose address Is presenlly unknown,
f3, Defandant Thomas Fink Is on odulllndlvlduol whose address Is 2217 Southfleld
Road, Harrisburg, Dauphin County, PA 17104,
14, David Slpher Is on adulllndlvldual whose address Is presenlly unknown,
15, Ed Tlmbrellls on adulllndlvldual whose address Is presenlly unknown,
16, Jeffrey Dekemonl Dykomanl Heckman Is an adult Individual whose address Is
presanlly unknown,
.
,
17, Ed Stemmo Is an adult Individual whose address Is presently unknown,
18, The Incldonts giving rise 10 this ceuse of action took place belwren Sljplember,
1980 and December, 1981fndbelween Dee ./'tY(.ond' /L"rl ./'fA'> oswell
as various dales belweon 'fro and 73. 'f 2., -r f
19, Delendont Cumberland,Perry Assoclallon of Retarded CItizens (hereinafter known
as CPARC) Is Ihe care provider which operated the group homes In which the Plaintiff Dennis
Kennedy resided durlng the times In which (he tortious acts took place,
20, Defendant James Gurrerlls the current executive Director of CPARC,
21. Defendant Carol Flrenz Is the former Director of Residential Services for CPARC at
the time when at least one of the tortious acts against the Plslntlff Dennis Kennedy took place,
22, Defendsnt Shirley Knox Is a fonmer employee of CPARC who had supervisory and
lor manegement responsibility for employees of CPARC and for the management of allesst one
of the group homes In which the lorlolus acts look place which were ceused by the gross
negligence of the Defendants,
23, Defendsnt Vicki Dellllls Is a fonmer employee of CPARC who had supervisory ond
lor management responSibility for employees of CPARC and for the management of alleast one
of the group homes In which the tortious octs against the Plalnllff Dennis Kennedy took place,
24, Defendanl Capelllne Plvornlo Is 0 fonner employee of CPARC who had
management and/or supervisory responsibility for employees of CPARC ond fur Ihe
management of atleost ono of the group homes andl or programs In which the torllous aCts
ogalnst Plaintiff Dannls Kennedy took place,
25, Derendant Deparlmen' 01 Public Weffora Is ond was the Inspector, and lor licenser
and/or regulator of at least one or Ihe group homes and the employees of CPARC during the
time when atleasl one or the tortious acts of gross negllgenco against the Plolnllff Dennis
Kennedy took place,
.
26, Defendant Peggy While Is 0 fanner employee and staff member of CPARC who
was responsible for the r.are. protection and nurturing of Plalnllff Dennis Kennedy durlno tho time
period when atteast one of tho tortious acts against Plalnllff Dannls Kennedy took place,
26, Defendant Paul Stengel Is a formor omployeo of CPARC who was rasponslbfo for
Ihe operations and sorvlces of CPARC In at loast one of Ihe group homes, and durlng the time
perlod, In which at least one of the torllous acts against the Plaintiff Oennls kennedy took place,
27, Joyce Croll was the Senior Program Advisor In the group home on 72t Second
Street, New Cumberland. PA durlng the period of time when at least one of the tortious acts
against the Plaintiff Dennis Kennedy took place,
28, Thomas Fink was a psychologist providing services to at least one of the group
homes during or following the tortious acts against Plaintiff Dennis Kennedy,
29, Defendant David Slpher Is 0 fonner employee of CPARC who had supervisory
andlor () +;'5 r I} Cui i-I
management responslblllly for the S 'e c.... ~J' group home n which torllous acts
against Plaintiff Dennis Kennedy took place,
30, Defendant Ed Tlmbrellls a member 01 the CPARC Board of Directors and Is
believed to have been on the Board durlng the time period when at least one of the torllous acts
against Plaintiff Dennis Kennedy took place,
31, Defendant Jeffrey Dekeman/DykemanlHeckmon was an employee and staff
member 01 CPARC responsible for the core, protection and nUrlurlng of the Plaintiff Dennis
Kennedy durlng the period of time when at least one of the torllous acts against Plalnlllf Dennis
Kennedy took place,
32, Defendant Ed Stem me was an employee and program advisor In the CPARC group
home located on 721 Second Street, New Cumberland, PA durlng the period of time when at
least one of the tortious acts against the Plaintiff Dennis Kennedy took place,
33, Dennis Kennedy was bom July 10, 1982,
34, Since his entry Into pre-school Dennis was thouohtto have some type of brain
damage,
35, Dennis was denied parllclpatlon In Head Starl and aUended the Capllol Area
'ntenmedlate Unit unlllthe Summer of 1960,
36, In the fall of 1980 Dennis was admitted to hIs IIrst group home In New Cumberland,
Pennsylvania which wa.. operated by the Cumberland Perry Association of Retarded CItizens,
37, Sometime durlng his stay at the 1Irs! group home, which was known as the
"Children's Home" by CPARC staff, Dennis Kennedy was molested and pOSSibly sexually
assaulted by s female staff member by the name of Peggy While,
38, The Incident occurred when Dennis went one day to tokE a shower and was asked
by Ms, While If he needed help,
39, Dennis, who had grown up on 0 fann taking care of his dally care, did not need halp
wllh bathing,
40, Dennis has been diagnosed as mildly to moderately retarded by competent modlcal
authorlly,
~
41. When Dennis agreed to be helped In bAthing Ms While began to esslst him,
41, According 10 Ihe Plalnllff Dennis Kennedy, al some point during the bathing, Ms,
White made a move that was clearly seXUAl In nature,
42, Berore Ihe Incident was over Dennis and Ms, While ended up In bed together,
43, Apparently Ihe Incident became known to olhers In the group home And at CPARC
because or remerks made among the staff,
44, Dennis was unable to express his emborrasment or pursue his legal rghts due to his
retardallon,
45, Helen Kennedy, now Helen Cox, Dennis' mother, was never told of Ihe Incident And
did not learn or II untlllold by Dennis on Thenksglvllng weekend, 1992,
46, In December. 1981, Dennis wes moved to his first "adull" group home, Dennis
remained at this group home until 1985,
47, Shortly afler his move Into the second group home, Dennis began to exhibit
Innaproprlate advances toward femald staff, noncompliance and rebellion against group home
staff. and other precocious InAppropriate behAvior,
48, Dennis apparently witnessed a mele slert member molesllng a female resident
(Consumer) while living at this second group home prlor 10 March, 1983,
49, The male staff member In the Incident at the second group home was Immediately
discharged but again Dennis' mother, Helen Kennedy(Cox) was not told of the Incldenl. The
name of the staff member was Jertrey Dekeman or Dykeman or Heckman or somthlng similar,
50, Dennis' first hospllallzatlon occurred from November 12-22, 1982, This was e
psychlatrlc hospitalization due to Dennis' aggressive and Inapproprlate behavior In the group
home,
51. In June, 1983 Dennis lost his Job at the Red Lobster where he was employed as s
bus-boy, There Is some Indlcallon thatlnapproprlate "talking to girls" may have been parllally
responsible for the diSCharge and pernaps Inappropriate behavior by Dennis as well,
52, There Is no evidence that CPARC ever speclncly addressed the above sexual
Incidents directly with Dennis other than to tell him not to talk about them,
53, No apology has ever been made by CPARC to Dennis or to his mother, Plalnllrt
Helen Cox for the above sexual Incidents,
54, Dennis was moved to a third group home In Lemoyne on Aprllt9, 1985 where he
lived until October, 1989,
55, This was the most stable period of Dennis' experience wllh CPARC, Dennis was
hospitalized twice durlng this period for a totAl of seven monlhs,
56, Dennis WAS abruplly moved to another Group home In Camp Hili on October 9,
t989, Dennis' mother was not given e reason for this move nor do the records Indicate why this
move occurred,
,
58, While at the third group home. Dennis experienced a malo staff member who come
10 work cross-dressed, Dennis was hospllallzed again tor psychiatric reasons Irom March 14,
1990 until April 16, 1090, After this hospllollzallon, Dennis requested not to return to this group
home,
57, On Mey 20, 1900 Dennis was moved to a group home In Mechanlcsburg where he
remained until February, 1002,
58, In t991 Dennis lost a girl lriend and Iwo job placements,
59, While atlhe Mechenlcsburg group home, Dennis was forced to talk about emerging
sexuality Issues with femele staff because thero were no male staff available, Later. when male
staff was available. Donnls was told not to talk to female staff aboul sexual Issues,
60, While althe Mechanlcsburg group homo, Dennis was hospllallzed several times for
slgmllgant episodes of aggression,
61, On April 3, 1092 Dennis was transferred to Harrisburg State Hospital from which he
was transferred to Sellnsgrove Cenler on September 8, 1992, where he curronlly resides,
62, On Thanksgiving weekend. 1992, while on a visit to his mother's home, Dennis was
able to express and lell of the Incident with Peggy While at the first group home for the first time,
63, Ills alleged that Ed Stemnle failed to take appropriate action following the !ncldent
wllh Peggy While at the IIrsl group home or took Inapproprlate action,
64, Ills alleged that Joyce Croft failed to teke epproprlate action or took Inappropriate
action following (he Incldont with Peggy White at the first group home,
65, Ills alleged that Peggy White was grossly negligent, willful and wanton In her
Inapproprlate behavior towords Dennis Kennedy and In her failure 10 take approprlate corrective
action at the first group home,
66, Ills olleged that Shirley Knox was grosssly negligent In failing to take corrective
action or for loklng Inapproprlate action following any of the tortious actions which took place
under her jurlsdlctlon ond which are related to this complain!.
67, Ills alleged that Vicki Dellllls was grossly negligent In failing to take corrective action
or for taking Inappropriate action following any ef the torllous actions which took place under her
jurisdiction and which are related to this complain!.
68, Ills alleged that Capelllne Plvornlo was grossly negligent In failing to take corrective
action or for taking Inopproprlate action following ony of the lortlous actions which took place
under her jurlsdlctlon or management and which are related to this complain!.
69, Ills alleged that Carol Flrenz was grossly negllgontln failing to take corrective
action or for taking Inopproprlate action following any of the torllous actions which look place
under her lurlsdlctlon or managoment and which are related to this complaint,
70, Ills alleged thaI Paul Stengel was grossly negligent In failing to lake corrective
action or for laking Inapproprlale acllon following any of the torllous actions which took place
under his Jurlsdlctlon or managemenl snd which are relaled to this complain!.
71, Ills alleged Ihal Jeffrey DekemanlDykeman/Hsckman was grossly negligent, wlllul
and wanton In his reckless conduct toward a female resident which resulted In Injury towards
.
Plaintiff Dennis Kennedy as well as emomtlonal distress, and for his (Mr, Dekeman's failure to
lake appropriate corrective action. If any,
72, Ills allcged thai David Slpher took InapproprlAtc action or fallcd 10 take appropriate
conectlve action following the Incident wllh Jeffrey Oekeman/Oykeman/Heckman(hcrelnafler
Dekemanl 01 the second group home,
73, Ills alleged that Thomas Fink, Psychologist, failed to lake appropriate action or
took Inapproprlate action following any disclosures to him of any knowledge of the tortious acts In
Ihts complaint.
74, Ills alleged that Ed Tlmbrell failed to take appropriate action or took Inapproprlale
action following disclosure 10 him of any of the lorllous acts related to this complain!.
75, Ills alleged that James Gurrerl failed to lake appropriate action or look Inappropriate
action following disclosure to him of any of the lortlous acts In or related to this complain!.
76, Ills alleged Ihat Cumberland-Perry Association of Retarded citizens was grossly
noollgenl and negllgsnt for any and all 01 Ihe torllous acts which took place related to Ihls
complaint and for taking Inapproprlale action or for failing 10 take appropriate actlQn to correct
the effects of sarno,
77, Ills alleged that the Pennsylvania Deparlmenl of Public Welfare was grossly and
simply negligent for lis Inappropriate regulation of the CPARC group homes In which the torllous
acts named In this complaint took place,
78, All of Ihe Defendants named In Ihls complalnl had a duty of care to the Plalnlllfs,
79, All of the Defendants named In this complaint allegedly breached Ihat duly to care
toward the Plaintiffs,
80, As a result of that breach of duly towards the Plaintiffs, the Plaintiffs were Injured.
perhaps Irreparably,
81. Plalnlllfs seek all appllcalble damage'! and reslltutlon provided by law,
82, Plalnlllfs speclflcly plead a demand for punlllve damagas based on Ihe gross
negligence and wanlon, wilful conduct of the lortleasors and their superiors,
63, Plalnllffs plead special and compensatory damages In the approximate amount of
$3t8,308,OO as follows:
Past Medical expenses $17t,928,OO
Fulure Medical expense $ 81.382,00
Menlel Anguish $~O,OOO,OO
Total 318,308,00
\ '
"
CJ~S~~,~ '),
William C, Hodgson r
Allomey for Plaintiffs
MOTION FOR THE APPOINTMENT OF GUARDIAN AO LITEM
Under the style of the above. Plaintiffs rospeclfully roquestlhat Helen M, Kennedy,
mother of Dennis Kennedy, be nomed Gumdlan ad lItom for this action, In supporl of this motion
I., The Court or C~mmo:1 P!a::s of C~r.::':'~:ilt'l:md C,::u:-;~'YI Psnr:syl'lc:r:i:::
Dennis Kennedy and Helen Kennedy
.,-S.
Tan Fink
::-io.
94-6706 Civil Tenn
----.
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DENNIS KENNEDY,
HELEN KENNEDY,
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT OF
PENNSYL VANIA.CUMBERLAND
COUNTY BRANCH
NO, 94.6708 Civil
Civil Actlon.Law
V,
CUMBERLAND. PERRY ASSOCIATION
OF RETARDED CITIZENS, JAMES
GURRERI, CAROL FIRENZ. SHIRLEY :
KNOX. VICKI DELlLLlS, CAPELLlNE :
PIVORNIC, DEPARTMENT OF PUBLIC
WELFARE. PEGGY WHITE, PAUL :
STENGEL, JOYCE CROFT, THOMAS:
FINK, DAVID SIPHER. ED TlMBRELL, :
JEFFREY DEKEMAN/DYKEMANI
HECKMAN, ED STEMME,
COMPLAINT AND MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
...
COMPLAINT
And no"i, thls-L1ifJday or January, 1995, come the Plalnlffs, by their Atlomey,
Wllllem C, Hodgson. and set forlh the wllhln Complaint against the Defendants, to wit:
1, Plalnlllf Dennis Kennedy Is an adulllndlvldual whose legal address Is Sellnsgrove
Center, Box 500, Sellnsgrove, Snyder County, PA 17870,
2, Plalnlllr Helen Kennedy Is an adulllndlvldual whose legal address Is R.D, 4, Box 173,
Newport, Perry County. PA 17074,
3, Defendant Cumberland. Perry Association of Retarded CItizens Is an Association wllh
Its business address located etl17 Norlh Hanover Straet, Carlisle, Cumberland County, PA
17013,
4, Defendant James Gurrerlls the Execullve Director of the Cumberlan,Perry
Assoclallon of Retarded CItizens; and whose business address Is 117 North Hanover Street.
Carlisle, Cumberland County, PA 17013,
5, Defendant Carol Flr'lnz Is an adult Individual whose business address Is 117 Norlh
Henover Street, Csrllsle, Cumberland County, PA 17013,
6, Defendant Shirley Knox Is an adult Individual whose business address Is the
Pennsylvania Association of Retarded CItizens and whose business address Is Building 2, Suite
221,2001 North Front Street, Harrisburg, Dauphin County, PA 17102,
7, Defendant Vicki Dellllls Is an adultlndlldual whose business address Is The
Susquenlta Elementary School, Schoolhouse Road, Duncannon, Perry County. PA 17020,
8, Defendant Capelllne Plvomlc Is an adulllndlvldual whose business address Is The
Center for Industrlsl Training 01 262 Sliver Spring Road, Mechanlcsburg, Cumberland Counly,
PA 17055,
9, The Deparlmenl of Public Welfare Is a Deparlmont of the Commonwealth of
Pennsylvania whoso business address Is 305 Health and Welfare Building, Harrl5burg, Dauphin
Counly. PA I7t05.2675
to, Dofondant Peggy Whllllls an adulllndlvldual whose address Is presonlly unknown
tt, Defondenl Paul slongells an adultlndlvltJual whose address Is prosently unknown,
12, Defendant Joyce Croft Is an odultlndlvldual whose etJdressls presenlly unknown,
13, Defendant Thomas Fink Is an adult Individual whose address Is 2217 Southfleld
Road, Harrlsburg, Dauphin County, PA 17104,
14, David Slphor Is an adulllndlvldual whose oddress Is presenlly unknown
t5, Ed Tlmbrellls an adult Individual whose address Is presenlly unknown,
16, Jeffrey Dekemonl Dykemanl Heckman Is an adultlndlvlduol whose address Is
presenlly unknown,
17, Ed Stemme Is an adulllndlvldual whose address Is presenlly unknown,
t8, The Incidents giving rise to this ceuse of action took place belwren SQIltember,
t980 and December. 198tind between Dee ,/7f'f - and . /Lllfl . l'Ik5 as welt
as varlous dates between ....1 k'" 0 and I!'i 'f 2., -r I '
19, Defendant Cumbertand-Perry Association of Retarded Clllzens (hereinafter known
as CPARC) Is the core provider which operated the group homes In which the Plolntlff Dennis
Kennedy resided during the times In which the torllous acts took place,
20, Defendanl James Gurrerlls the current Executive Director of CPARC,
21, Defendant Carol Flrenz Is the former Director of Residential Services for CPARC at
the time wilen at least one of the tortious acts agolnstthe Plaintiff Dennis Kennedy took place,
22, Defendant Shirley Knox Is a former employee of CPARC who had supervisory and
lor manegement responsibility for employees of CPARC and for the management of at least one
of the group homes In which the tortolus acts took place which were caused by the gross
negligence of the Defendonls,
23, Defendant Vicki Dellllls Is a former employee of CPARC who had supervisory and
lor manegement responsibility for employees of CPARC and for the management of at least one
of the group homes 111 which the tortious acts agalnstlho Plaintiff Dennis Kennedy took place,
24, Defendant Capelllne Plvornlo Is a former employee of CPARC who had
management andlor supervisory responSibility for employees of CPARC end for the
managemont of at least one of the group homes andl or programs In which tha tortious aCts
against Plaintiff Dennis Kennedy took place,
25, Defondant Department of Publlo Wolfare Is and was the Inspector. ond lor licenser
andlor regulator of otleast ono of the group homos and tho omployees of CPARC during the
time when otloast one of tho torllous acts of gross nogllgenco against the Plalnlllf Dennis
Konnedy took place,
26. Defendant Peggy While Is n fonner nmployoe and staff member of CPARC who
was responr.lble for the care, protecllon nnd nlllturlng of Plaintiff Donnls Konnedy during the lime
period when atteast one of the tortious ncts agnlnst Plalnllff Dnnnls Kennody took plaeo,
26, Defendnnt Paul StengMlls n former employee of CPARC who was rosponslble for
the operations and sorvlces of CPARC In atlenst one of the group homes, and during 1110 time
period. In which at least one oflhe torllons acts against the Plolntlff Dennis kennedy took place,
27, Joyce Croft was the Senior Progrom Advisor In the group home on 721 Second
Street, New Cumberland. PA during tho porlod of time when at least one of the tortious acts
agalnslthe Plaintiff Dennis Kennedy took place,
28, Thomas Fink was a psychologist providing services to at least one of the group
homes during or following the torllous acts against Plaintiff Dennis Kennedy,
29, Defendant David Slpher Is a former employee of CPARC who had supervisory
andlor () '{II \ ,- L' ["A I t I
management responsibility for the S 'e c. ,.'" 0:.-1' group home n which tortious acts
agalns1 Plalnllff Dennis Kennedy took place,
30, Defendant Ed Tlmbrellls a member of the CPARC Board of Directors and Is
believed to have been on the Board during the lime period when at least one of the torllous acts
against Plalnllff Dennis Kennedy took place,
31, Defendant Jeffrey Dekeman/Dykeman/Heckman was an employee and staff
member of CPARC responsible for the care, protection and nurturing of the Plalnllff Dennis
Kennedy during the perlod of lime when at least one of the torllous acts against Plaintiff Dennis
Kennedy took place,
32, Detendant Ed Stem me was an employee and program advisor In the CPARC group
home located on 721 Second Street, New Cumbertand, PA during the period of time when st
least one of the torllous acts against the Plaintiff Dennis Kennedy took place,
33, Dennis Kennady was bom July to, 1962,
34, Since his entry Into pre-school Dennis was thought to have some type of brain
damage,
35, Dennis was danled parllclpallon In Head Start and allanded the Capllol Area
Inlermedlate Unit unlllthe Summer of 1960,
36, In the fall oft980 Dennis was admllted to his first group home In New Cumberland,
Pennsylvania which was operated by the Cumherland Perry Assoclallon of Retarded Clllzens,
37, Somellme during his stay at the IIrst group home, which was known as the
'Chlldren's Home" by CPARC staff, Dennis Kennedy was molested and possibly sexually
assaulled by a female staff member by the name of Peggy White,
38, The Incident occurred when Dennis went one day to take a shower and was asked
by Ms, While If he needed help,
39, Dennis, who had grownup on a fanntaklng care of his dally care, did not need help
with bathing,
40, Dennis has b\len diagnosed as mildly to moderately retarded by competent medical
aUlhorlly,
41, When Dennis agreed to be helped In bathing Ms, White began to assist him,
4t, According to 1110 Plalnllll Dennis Kennedy, at some polnl during the balhlng, Ms,
White mado a move Ihal was clomty sexual In nalure,
42, Before the Incident was over Dennis and Ms, While ended up In bed logelher,
43, Apparonlly the Incident became known to olhers In the group home and al CPARC
because of remarks made among Ihe stafl,
44, Dennis was unable 10 express his embarrasmenl or pursue his legal rights due 10 his
relardallon,
45, Helen Kennedy. now Halen Cox. Dennis' mother, was never told 01 the Incldenl And
did notleam or II llnllllold by Dennis on Ihonksglvllng weekend, 1992.
46, In Dacembor, 1981. Dennis was moved to his IIrst "a dull" group home, Dennis
remained at this group home unlll1985,
47, Shorlly aller his move Into the second group home, Dennis began to exhibit
Innaproprlale advances toward female staff. noncompliance and rebellion against group home
staff, and other precocious Inapproprlale behavior,
48, Dennis apparenlly witnessed a male slaff member molesUng a femaltl resident
(Consumor) while living althls second group home prlor 10 March, 1983,
49, The male staff member In Ihe Incident at the second group home was Immediately
discharged but again Dennis' mother, Helen Kennedy(Cox) was not told of the Incident. The
name of Ihe staff member was JeJlrey Dekeman or Dykeman or Heckman or somthlng similar,
50, Dennis' IIrst hospltallzallon occurred from November 12-22, 1982, This was s
psychlalrlc hospitalization due to Dennis' aggreSSive and Inapproprlate behavior In the group
home.
5t, In Juns, 1963 Dennis lost his Job althe Red Lobster where he was employed as a
bus-boy, There Is some Indication thatlnapproprlate "talking to girls" may have been partially
responsible for the discharge and perhaps Inapproprlale behavior by Dennis as well,
52, There Is no evidence that CPARC ever speclncly addressed the above sexual
Incldenls directly wllh Dennis other than 10 tell him not to talk abolltthem,
53, No apology has ever been made by CPARC to Dennis or to his mother, Plalntllr
Helen Cox for the above sexual Incidents,
54. Dennis was moved to a third group home In Lemoyne on Aprl119, 1\185 where he
lived unlll October, 1989.
55. This was the most stable period 01 Dennis' experience with CPARC, Dennis was
hospitalized twice durlng this period for a totel or seven months,
58, Donnls was abruplly moved 10 anolhor Group homo In Camp Hili on October 9,
t989, Dennis' mother was not glvon a reason lor this move nOl do the records Indicate why this
move occurred,
58, While at the third group home, Oennls experienced a male staff member who CJlme
to worll cross,dressed, Dennis was hospllallzed agllln for psychiatric roasons from March 14.
1990 unlll Aprllt6, 1990, Afler lhls hospllallzallon, Oennls requesled not to relurn to Ihls group
home,
57, On May 20, t990 Dennis was moved to a group home In Mochanlcsburg where he
remained unlll February, 1992,
58, In 1991 Dennis lost a girl friend and two job placements,
59, While etthe Mechanlcsburg group home. Dennis was forced 10 talk about emerging
sexuallly Issues with female staff because there were no male slaff available, Later, when male
staff was available. Dennis was told not 10 talk to female staff about sexual Issues,
60, While at the Mechanlcsburg group homo, Dennis was hospitalized several limes for
slgnlflgant episodes 01 aggression,
61. On April 3, t992 Dennis was transferred to Harrisburg Slate Hospital from which he
was transferred to Sellnsgrove Cenler on September 8, t992, wilere he currenlly resides,
62, On Thanksgiving weekend, 1992, while on a vlsllto his mother's home, Dennis was
able to express and tell of the Incident with Peggy White at the first group home for the first time,
63, fils alleged that Ed Stem me failed to take appropriate action following the Incident
with Peggy While at the first group home or took Inapproprlale action,
64, It Is alleged that Joyce Croft failed to take appropriate action or took Inapproprlata
action following lhe Incident with Peggy While at the first group home,
65, fils alleged that Peggy While was grossly negligent, wllllul and wanton In her
Inapproprlate behavior towards Dennis Kennedy snd In her failure to take approprlate corrective
action at the first group home,
68, Ills elleged lhat Shlrlay Knox was grosssly negligent In failing to take corrective
action or for taking Inapproprlate action following any of the torllous actions which look place
under her )urlsdlctlon and which are related to this complaint.
67, fils alleged that Vicki Dellllls was grossly negligent In failing to take corrective action
or for laking Inapproprlale action fOllowing any of the torllous actions which look place under her
Jurlsdlctlon and which are related to this complaint.
68, Ills alleged that Capclllne Plvo:-:1lc was grossly negllgenlln failing to take corrective
action or for laking Inappropriate action following any of the tortious actions which took place
under her jurlsdlctlon or management and which are related to this complaint.
69, fils alleged that Carol Flrenz was grossly negligent In failing to take corrective
action or for taking Inappropriate action lollowlng sny 01 the tortious actions which took place
under her jurlsdlcllon or management and which are related to this complaint.
70, It Is alteged that Paul Stengel was grossly negligent In failing to take correcllve
action or for taking 'napproprlale action following any of the tortious actions which took place
under his Jurlsdlctlon or manegement and which are relaled to this complaint.
71. It Is alleged that Jeffrey Dekeman'Dykeman'Heckman was grossly negligent, wlllul
IInd wanton In his reckless conduct toward a female resldenl which resulted In Injury towards
Plalnllff Dennis Kennedy as well as emomtlonal distress, and for his (Mr. Dekeman's failure to
take approprleta correcllve action, II any,
72, Ills alleged that David Slpher took Inappropriate action or failed to take appropriate
corrective action following the Incident wllh Jcflrey Dekeman/Dykeman/Heckman(herelnafler
Dekeman> at the second group horne,
73, Ills alleged that Thomas Fink, Psychologist, failed to take appropriate action or
took Inappropriate action following any disclosures to him of any knowledge oflhe torllous acts In
this complaint.
74, Ills allelied that Ed Tlmbrell failed to take approprlata action or look Inapproprlste
action following disclosure to him of any oflhe tortious acts related 10 tills complaint,
75, Ills alleged that James GUllerl failed to take appropriate action or took Inappropriate
action following disclosure 10 him 01 any oflhe tortious acts In or related to this complaint.
76, It Is alleged Ihal Cumberland-Perry Association of Retarded citizens was grossly
neollgent and negligent for any and all of the tortious acts which took place related 10 this
complaint and for taking Inappropriate action or for lalllng to take appropriate action to correct
Ihe effects of same,
77, Ills alleged that the Pennsylvania Department of Public Wellare was grossly and
simply negllgenl for lis Inapproprlate regulation of the CPARC group homes In which the tortious
acts named In this complalnltook place,
78, All of the Defendants named In this complaint had a duty of care to the Plaintiffs,
79, All of the Defendants named In this complaint allegedly breached thet duty to care
toward the Plalnllffs,
80, As a result of that breach of duty towards the Plalnllffs, the Plalntlfls were Injured,
perhaps Irreparably,
61, Plaintiffs seek all appllcalble damages and reslllullon provided by law,
82, Plaintiffs speclflcly plead a demand for punlllve damages based on the gross
negligence and wanton. w1l1ul conduct of the tortreasors and their superiors,
63, Plalnllffs plead special and compensatory damages In the approximate amount of
$318,308,00 as follows:
Past Medical expenses $l7t.926,OO
Future Medical expense $ 8t ,382,00
Mental Anguish $40,000,00
Total 318,308.00
I,
m~s~~'~ 'h
William C, Hodgson r
Attorney for Plalnllfls
MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM
Under the style of the above, Plaintiffs respectfully request that Helen M, Kennedy,
mother of Dennis Kennedy, be named Guardian ad lIIem lor Ihls action, In Sl.lpport of this motion
Plalnllffs state Ihat Dennis Kennedy has been found by expert medlcel authorily to be menIally
retarded In the mild to moderate range And Is In fact unable legally or practlcelly 10 manage the
course of this IIl1gaUon, Therefore, Plalnllffs move thaI Helen Kennedy be appointed Guardian
ad litem with authority to conduct compromise and sellle 011 matters wlth respect 10 this cause or
any related ceuse of action,
Respectfully sUbml~1 d,
l/l nl1.'{ . ~"
[/\/~ _. z ,
William C, Hodgson
Attorney for Plaintiffs
VERIFICATION
We. Dennis Kennedy and Helen M, Cox, Plalnllffs, do hereby swear and afflnm that the facts set
forth In the foregoing complaint and mollon are true end correct to the best of our knowledge,
InfonmaUon and belief, We understand that this verlflceUon Is made subject to the penalties of
18 Pe, C,S, Section 4904, relaUng 10 unsworn fslslflcatlon to authorltles,
WITNESS:
{,JdfWI-/'l C
I ~ r" 11.L~~~
DENNIS KENNEDY
1" 14~ 1Lt, {4-!-
HELEN M, COX
( , '
I
1 "p)
", f
'.
~
DENNIS KENNEDY,
IlELEN KENNEDY,
plaintiffs,
IN 'I'lIE COURT OF COMMON PLEAS OF
'rilE NINTII JUDICIIIL DISTRICT OF
PENNSYLVAlHII -
CUMBERLIIND COUNTY BRlINCII
NO. 94-6706 civil
Civil Action - Law
.
v.
CUMBERLIIND-PERRY ASSOCIATION OF
RETARDED CITIZENS, JIIMES GURRERI, :
CIIROL FTRENZ, SIIIRLEY KNOX, VICKI
DELILLIS, CAPELLINE PIVORNIC,
DEPARTMENT OF PUBLIC WELFARE, PEGGY
WIIITE, PAUL STENGEL, JOYCE CROFT,
TIIOMl\S FINK, DIIVID SIPIlER, ED
TIMBRELL, JEFFREY DEKEMIIN/DYKEMAN/
IIECKMl\N, ED STEMME,
Defendants.
NO'l'ICE TO lJEI'END
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 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 SIIOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIlONE TilE
OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET IlELP.
Cumberland County Courthouse
Court Administrator
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
~c
W 11 am C. 110 son
229 Walnut Street
Newport, PA 17074
(717) 567-9171
TRUE COPY FROM RECORD
In Testimony whereof. , hore unto set my hand
~nd the seal 01 said Co It at Car~ISIe P .
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: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA-CUMBERLAND
: COUNTY BRANCH
: NO, 94.6706 Civil
: Civil Actlon-L&w
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, JAMES
GURRERI, CAROL FIRENZ, SHIRLEY :
KNOX, VICKI DELlLLlS, CAPELLlNE :
PIVORNIC, DEPARTMENT OF PUBLIC
WELFARE. PEGGY WHITE, PAUL :
STENGEL, JOYCE CROFT. THOMAS:
FINK, DAVID SIPHER, ED TIMBRELL, :
JEFFREY DEKEMAN/DYKEMANI
HECKMAN, ED STEMME,
V,
DENNIS KENNEDY.
HELEN KENNEDY.
Plaintiffs
COMPLAINT AND MOTION FOR
APPOINTMENT Or: GUARDIAN AD LITEM
...
COMPLAINT
And now. this m day of January, 1995, come the Plalnlfls, by their Allorney,
William C, Hodgson, and set forth the wllhln Complaint against the Delendants, to wit:
1, Plalnllff Dennis Kennedy Is an adult Individual whose legal address Is Sellnsgrove
Center, Box 500, Sellnsgrove, Snyder County. PA 17870,
2, Plalnllfl Helen Kennedy Is an adulllndlvldual whose legal address Is R.D, 4, Box 173,
Newporl, Perry County. PA 17074,
3, Defendant Cumberland,Perry Association of Retarded CItizens Is an Association wllh
lis business address located at 117 North Hanover Street. Carlisle, Cumberland County, PA
170t3,
4, Defendant James Gurrerlls the E.'Iecutlve Director of the Cumberlan.Perry
Association of Retarded CItizens; and whose business address Is 117 Norlh Hanover Street.
Carlisle, Cumberland County. PA 17013,
5, Defendant Carol Flrenz Is an adult Individual whose busIness address Is 117 Norlh
Hanover Street, Carlisle, Cumberland County, PA 17013,
6, Defendant Shirley Knox Is an adulllndlvldual whose business address Is the
Pennsylvania Association of Retarded CItizens and whose business address Is Building 2, Suite
221,2001 North Front Street, Harrisburg. Dauphin County. PA 17102,
7, Defendant Vicki Dellllls Is un adulllndlldual whose business address Is The
Susquenlla Elementary School, Schoolhouse Road. Duncannon. Perry County, PA 17020,
8, Delendant Capelllne Plvomlc Is an adulllndlvldual whose business address Is The
Center lor Industrial Training at 262 Sliver Sprlng Road. Mechanlcsburg, Cumberland county,
PA 17055,
9, The Departmenl of Public Welfare Is a Deporlment of the Commonweallh of
Pennsylvania whose business address Is 305 Health ond Welfare Building, Harrlsburg. Dauphin
County. PA I7t05-2675,
10, Defendant Peggy While Is an adult Individual whoso address Is presenlly unknown,
lt, Defendant Paul Stengel Is an odull Individual whose address Is presenlly unknown,
12, Defendant Joyce Croll Is on adult Individual whose address Is presenlly unknown,
13, Defendant Thomas Fink Is an adult Individual wIlose address Is 2217 Soulhlleld
Road. Harrlsburg, Douphln counly, PA 17104,
14, David Slpher Is an adult Individual wIlose address Is presenlly unknown,
15, Ed Tlmbrellls an adult Individual whose oddress Is presenlly unknown,
16, Jeffrey Dekemanl Dykemalll Heckman Is an adult Individual whose address Is
presenlly unknown,
17, Ed Stemme Is an adult Indlvldu&1 whose address Is presenlly unknown,
18, The Incldonts giving rise to this cause of action took place betwren sqptember,
1980 and December, 198tindbetween Dee ,/'tf'( -and' /LMI ,/1k5o' aswell
as various dates between --1 r 0 and 19 'I Z, --r I
19, Defendant Cumberland-Perry Association of Retarded Clllzens (hereinafter known
as CPARC) Is the care provider which operated the group homss In which the Plalnllff Dennis
Kennedy resided durlng the times In which the torllous acts took place,
20, Defendant James GUITerlls the cUITent Execullve Director of CPARC,
21, Defendant Carol Firenz Is the former Director of Resldenllal Services for CPARC at
the time when atleosl one of the tortious acts against the Plalnllff Dennis Kennedy look placo,
22, Defendant Shirley Knox Is a fonner employee of CPARC who had supervisory and
lor management responsibility for employees of CPARC and for the management of at least one
of the group homes In which the torlolus acts took place wIllch were caused by the gross
negligence of the Defendants,
23, Defendant Vicki Delillls Is a fonner employee of CPARC who had supervisory and
lor management responsibility for employees of CPARC and for the management of at least one
of the group homes In which the tortious acts ogalnstthe Plalnllff Dennis Kennedy look place,
24, Defendant Capelllne Plvornlo Is a fonner employee of CPARC who had
management ond/or supervisory responsibility for employees of CPARC and for the
monegemenl of atleasl one of the group homes andl or programs In which the torllous acts
against Plalnlllf Dennis Kennedy took place,
25, Defendant Department of Publlo Welfare Is and was the Inspector, and lor licenser
and/or regulator of atleasl one of the group homes and the employees of CPARC during the
lime when at least one of the torllous acts of gross negligence agalnstlhe Plalnllff Dennis
Kennedy took place,
26, Defendant Peggy While Is a former employee and staff member of CPARC who
was responsible for the cant, prolecllon and nurturing of Plalnllff Dennis Kennedy during the time
period when at least one of the tortious acts against Plalnllff Dennis Kennedy took place,
26, Defendont Paul Stengel Is 0 former employee of CPARC who was responslblo for
the operallons ond sorvlces of CPARC In atleost one of the group homes, and during the time
perlod, In which at least one of the tortious acts against the Plolnllff Dennis kennedy took place,
27, Jeyce Croft was the Senior Program Advisor In the group hOllle on 72t Second
Street, New Cumberland. PA during the period of lime when otleast one of the tortious acts
against the Plalnllff Dennis Kennedy took place,
28, Thomas Fink was a psychologist providing serviens to at least one of the group
homes during or following the torllous ects against Plalnllff Dennis Kennedy,
29, Defendant David Slpher Is 0 fOllner employee of CPARC who had supervisory
andlor f) t,fI r u /)...../ fl
menagement responslblllly for the 5 'e c..... OL-J, group home n which tortious acts
against Plalnllff Dennis Kennedy took place,
30, Defendant Ed Tlmbrellls a member of the CPARC Board of Directors and Is
bellaved to have been on the Board during the time period when etleast one of the torllous acts
against Plalnllff Dennis Kennedy took place,
31, Defendant Jeffrey DekemanlDykemanlHeckman was an employee and staff
member of CPARC responsible for the cerll. protection and nurturing of the Plaintiff Dennis
Kennody during Ihe perlod of lime when at least one of the tortious acts against Plalnllff Dennis
Kennedy took place,
32, Defendant Ed Stemme was an employee and program advisor In the CPARC group
home located on 721 Second Street, New Cumberland, PA during the perlod of lime wilen at
least one of the torllous acts against the Plalnllff Dennis Kennedy took place,
33, Dennis Kennedy was born July 10, 1962,
34, Since his entry Into pre-school Dennis was Ihoughtto have some type of brain
damage,
35. Dennis was denied partlclpallon In Head Starl and attended the Capllot Area
Intenmedlate Unit unlllthe Summer of 1980,
36, In the fall of 1980 Dennis was admltled to his first group home In New Cumberland,
Pennsylvania which was operated by the Cumberland Perry Assoclallon of Retarded Clllzens,
37, Somellme during his stay at the first group home. which was known as the
"Children's Home" by CPARC staff, Dennis Kennedy was molested and possibly sexually
assaulted by a felllale staff member by the name of Peggy White,
38, The Incident occurred when Dennis went one day to take a shower and was asked
by Ms, While If he needed help,
39, Dennis, who had grown up on a fanntaklng care of his dolly care, did not need help
wllh balhlng,
40, Dennis has been diagnosed as mildly to moderately retarded by compelent medical
aulhollly,
41. When Dennis agreed 10 be helped In bathing Ms, While begen to assist him
41. According to the Plaintiff Dennis Kennedy, at some polnl during Ihe bathing, Ms,
While made a move thai was clearly sexual In neture,
42, Before the Incident was over Dennis and Ms, While ended up In bed togelher,
43, Apparenlly the Incident became known to others Inlho group home and al CPARC
because or remarks made among Ihe staff,
44, Dennis was unable to express his embnrrasment or pursuo his legal rtghts due to his
retardation,
45, Helon Kannedy, now Halon Cox, Dennis' mother, was never told of tho Incident and
did notleam of II until told by Dennis on Thanksgllfllng weokend, 1992,
46, In December, 198t. Dennis was moved to his nrst "adult" group home, Dennis
remained atlhls group home unlllt985,
47, Shortly alter his move Into the second group home, Dennis began to exhibit
Inneproprlate advsnces toward female staff, noncompliance and rebellion against group home
staff, and other precocious Inappropriate behavior,
48, Dennis apparently witnessed a male staff member molesting a female resident
(Consumer) while living allhls sacond group home prior to March. 1983,
49, The male staff member In the Incident at tho second group home was Immediately
discharged but agsln Dennis' mother, Helen Kennedy(Cox) was noltold of the Incident. The
name of the staff member was Jeffrey Dekeman or Dykeman or Heckman or somthlng similar,
5g, Dennis' first hospitalization occurred from November 12-22, 1982, This was a
psychlalrlc hospitalization due to Dennis' aggressive and Inappropriate behavior In the group
homo,
51, In June, 1983 Dennis lost his Job at the Red Lobster where he was employed as a
bus-boy, Thera Is some Indication Ihatlnapproprlata "talking to girls" may have been parllally
responsible for the discharge and perhaps Inapproprlate behavior by Dennis as well,
52, Thera Is no evidence thai CPARC ever speclflcly addressed the above sexual
Incidents directly with Dennis other than to tell him nolto talk about them,
53, No apology has ever been made by CPARC to Dennis or to his mother, Plaintiff
Helen Cox for the above sexual incidents,
54, Dennis was moved to a third group home In Lemoyne on April 19, 1985 where he
lived unlll October, 1989,
55, This was Ihe most stable period of Dennis' experience wllh CPARC, Dennis was
hospitalized twice during this period for s total of seven months,
56, Dennis was abruplly moved to another Group home In Camp Hili on October 9,
1989, Dennis' mother was not given a reason for this move nor do the records Indlcete why this
move occurred,
"
56, While at the third group home, Dennis experienced a male staff member who come
to work cross-dressed, Dennis was hospllollzed again for psychiatric reasons from March 14,
1990 until Aprilt6, 1990, After this hospllallzallon, Dennis requested not to relum to Ihls group
homo,
57, On May 20, 1990 Dennis was moved 10 a group home In Mechanlcsburg where he
remelned until February, 1992,
58, In 1991 Donnls lost a girl frlend and two Job placemenls,
59, While atlhe Mechanlcsburg group home, Dennis was forced to lalk aboul emerging
sexuality Issues wllh female staff because there were no male stoff available, Later. y,flen male
sial! was available, Dennis was told not to lalk 10 female stall about sexual Issues,
60, While atlhe Mechanlcsburg group horne, Dennis was hospllollzed several limes for
slgnlllgant episodes of aggression,
61. On April 3, 1992 Dennis was transferred to Harrisburg Slate Hospllal from which he
was transferred to Sellnsgrove Center on September 8, 1992, where he currently resides,
62, On Thanksgiving weekend, 1992, while on a vlsllto his mother's home, Dennis was
able to express and tell of the Incident wllh Peggy While at the first group home for the first lime,
63, It Is alleJed thai Ed Stemme failed to take appropriate action following the Incldent
wllh Peggy While at the first group home or took Inopproprlale action,
64, Ills alleged thai Joyce Croft failed to take appropriate action or took Inappropriate
action following the Incident wllh Peggy While at the first gJDUp horne,
65, Ills alleged that Peggy While was grossly negllgenl, willful and wanton In her
Inapproprlate behavior towards Dennis Kennedy and In her failure to take opproprlate correcllv8
action atlhe first group home,
66, It Is alleged that Shirley Knox was grosSJly negligent In failing to lake corrective
action or for laking Inapproprlate action following any of the torllous actions which took placo
under her Jurisdiction and which are relaled to this complaIn!.
67, It Is alleged thai Vicki Dellllls was grossly negllgontln failing 10 take correctlvo actlnn
or for takIng Inapproprlate action following any of the lortlous actions which took place under her
jurlsdlctlon and which are related to this complain!.
68, It Is alleged that Capelllne Plvomlc was grossly negligent In failing 10 take corrective
action or for laking Inapproprlale sctlon following any of the torllous actions which took place
under her jurlsdlctlon or management and whIch are relaled to this complaint,
69, Ills alleged that Carot Flrenz was grossly negligent In failing 10 take corrocllve
ectlon or for taking Inepproprlale action following any of the torllous acllons which took place
under her jurlsdlcllon or management and which are related to this complaint,
70, Ills alleged thai Paul Stengel was grossly negligent In failing to take correcllve
action or for taking Inappropriate acllon following any of the tortious actions which took place
undar his jurlsdlctlon or management and which are related to this complaint,
71. Ills alleged lhat Jellroy Dekeman/Dykaman/Heckman was grossly negligent, wilful
and wanton In his reckfess conduct toward a female resident which resulled In Injury towards
.
,
Plalnlllf Dennis Kennedy flS well as emomtlonfll dlslress, and for his (Mr. Dekeman's failure to
take approprlale corrective action, If any,
72, Ills fllleged thai David Slpher took Inappropriate action or failed to take appropriate
corrective acllon following the Incident with Jeffrey Oekeman/Oykeman/Heckman(herelnafler
Dekemanl althe second group home.
73, Ills alleged that Thomas Fink, Psychologist, failed to lake appropriate action or
look Inapproprlale action following any disclosures to him of any knowledge of the tortious acts In
Ihls complaint.
74, Ills alleged thai Ed Tlmbrell failed to take epproprlale action or took Inappropriate
action following disclosure to him of any of the torl/ous acts related to this complaint.
75, Ills allegod thai James Gurrerl fallad to take approprlale action or look Inapproprlale
action folloWing disclosure 10 him of any of the lorllous acts In or related to this complaint.
711, Ills alleged that Cumberland.Perry Association of Relarded citizens was grossly
negligent and negligent for eny and all of the tortious acts which took place related to this
complaint and for taking Inappropriate action or for failing to take appropriate action to correct
Ihe effects of same,
77, Ills alleged that the Pennsylvania Department of Public Welfare was grossly and
simply negligent for lis Inappropriate regulation of the CPARC group homes In which the torllous
acts named In this complaint took place,
78, All or the Defendants namod In this complaint had s duty of care to the Plaintiffs,
79, All of the Defendants named In this complaint allegedly breached that duty to care
loward the Plaintiffs,
80, As a resull of that breach of duty towards the Plaintiffs, the Plaintiffs were Injured,
perhaps Irreparably,
81, Plaintiffs seek all appllcalble damages and reslllullon provided by law,
82, Plaintiffs speclflcly plead a demand for punitive damages based on the gross
negligence and wanton, wilful conduct of the tortfeasors and their superiors,
83, Plaintiffs plead special and compensetory damages In the approximate amount of
$318,308,00 as follows:
Past Medlcel expenses $17t ,926,00
Future Medical expense $ 81,382,00
Menial Anguish $40,000,00
Total 318,308,00
\ "
I, ,
t:J~s~~,.k 'h
WIlliam C, Hodgson r
Allomey for Plalnllffs
MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM
Under tha style of the above, Plaintiffs respectfully request that Helen M, Kennedy,
mother 01 Oonnls Kennedy, be named GURldlan ad Iltern for this action, In support of this motion
OFFICf: or T'ft SHf:RIFF
CU/o!P:' ',' c'l'ny
fEa /0 Il 21 PH '95
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DENNIS KENNEDY
HELEN COX,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
plaintiffs
v.
CIVIL ACTION - LAW
CUMBERLAND-PERRY ASSOCIATION OF
RETARDED CITIZENS, JAMES
GURRERI, CAROL FIRENZ, SHIRLEY
KNOX, VICKI DELILLIS and
CAPELLINE PIVORNIC, DEPARTMENT
OF PUBLIC WELFARE, PEGGY (MARGA
RITE) WHITE, PAUL STENGEL, JOYCE:
CROFT, THOMAS FINK, DAVID
SIPHER, ED TIMBRELL, JEFFREY
DEKEMAN/DYKEMAN/HECKMAN and
ED STEMME,
Defendants
No. 94-6706
WITHDRAWAL OP APPEARANCE
please withdraw my appearance on behalf of Defendant,
Commonwealth of Pennsylvania, Department of Public Welfare, in the
above-captioned matter.
By:
EST D. PREATE, JR.
torn~~'
,JAMES R. MOYLES, ESQUIRE
Senior Deputy Attorney General
ENTRY
Please enter my appearance on behalf of Defendant,
Commonwealth of Pennsylvania, Department of Public Welfare, in the
above-captioned matter.
ST D. PREATE, JR. L
rney Generjll
STARK, ESQUIRE
Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
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^TTORNEY ^T UW
P.O, DOX 264
NEW DLOO MFIELD, P^ 17068
SCOTT M. STALLER
Tdephone (117) 882.7874
Fax (717) 882...086
July 5, 1995
William A. Addams, Esquire
P.D. Box 208
Carlisle, PA 17013
RE: Dcnnis Kennedy v, CPARC, No, 91-6706
Dear Mr. Addams:
Please be advised that 1 have requested the documents you requested
concerning the Motion for Sanctions which you filcd. When I receive a rcspollSe
from Ms. Eash, I will let you know.
Sincerely,
P~M
Scott M, Staller, Esquire
"
I
William C. Hodgson, Esq.
229 Walnut Street
Newport, PA 17074
Attorney for Plaintiffs
James R. Moyles, Esq.
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Attorney for Department of
Public Welfare, Defendant
William A. Addams, Esq.
28 South pitt Street
Carlisle, PA 17013
Attorney for Cumberland-Perry
Association of Retarded Citizens,
James Gurreri, Carol Firenz,
Shirley Knox, vicki Delillis,
Capel line Pivornic, Peggy White,
Paul Stengel, Joyce Croft,
David Sipher, Ed Timbrell,
Jeffrey Dekeman/Dykeman/Heckman, and
Ed Stenune
Defendants
Irc
~~ 511S-/'lI'
J.,. 6".
NO. 94-670G CIVIL TERM
The facts as averred in Plaintiffs' complaint' may be
summarized as followsl
Plaintiff Dennis Kennedy (Plaintiff-
Kennedy) is an adult individual with an address of Selinsgrove
Center, Box SO~, Sellnsgrove, Snyder County, Pennsylvania.
Plaintiff Helen Cox (Plaintiff-Cox) is an adult individual with an
address of R.D. 4, Box 173, Newport, Perry County, Pennsylvania,
and is the mother of Dennis Kennedy. Defendant-Publio Welfare is
a Department of the Commonwealth of Pennsylvania with a business
address of 305 Health and Welfare Building, Harrisburg, Dauphin
County, Pennsylvania.
The inoidents giving rise to this action allegedly took place
from September 1980 through 1992. During this period, Plaintiff-
Kennedy, who suffers from some sort of mental defioiency,' resided
in group homes operated by C-PARC.
The inoidents for which Plaintiffs seek damages are sexual in
nature. It is alleged that sometime during his first stay at a
group home operated by C-PARC, to which he was admitted in the fall
1 Plaintiffs filed an amended complaint on February 22, 1995,
apparently in response to preliminary objections filed by other
defendants in this case. See Pa. R.C.P. 1028(0)(1). The
allegations against Defendant-Publio Welfare are the same in both
the original complaint, to which the instant objeotions are
directed, and the amended complaint. In this Order and Opinion of
Court, the Court has used the oaption of the praecipe for a writ of
summons by which the action was commenoed.
, The exact nature of Plaintiff Dsnnis Kennedy's condition is
not fully evident from the complaint; the complaint indicates that
he has been diagnosed as being mildly to moderately retarded. See
Plaintiffs' Complaint, paragraphs 34, 40.
2
NO. 94-6706 CIVIL TERM
of 1980, Plaintiff-Kennedy was molested and possibly sexually
assaulted by a female staff member.' A second incident allegedly
occurred after Plaintiff-Kennedy was moved to another group home,
also operated by C-PARC, in December 1981. According to
Plaintiffs, shortly after this move, Plaintiff-Kennedy observed a
male staff member molesting a female resident.' In October 1989,
Plaintiff-Kennedy was moved to a third group home, also operated by
C-PARC, where it is alleged he encountered a male staff member who
came to work cross-dressed.' Throughout this entire period,
beginning with the first incident, it is alleged that Plaintiff-
Kennedy displayed various episodes of inappropriate behavior that
was sexual in nature and that was not properly addressed by C-PARC
staff members.
with regard to the first two incidents, it is alleged that
Plaintiff-Cox was not informed of them at the time they occurred.
She claims she first learned of the incident in which her son was
allegedly molested on Thanksgiving weekend, 1992, when she was told
of the occurrence by him.
with regard to specific allegations directed to Defendant-
Public Welfare, it is alleged that Defendant "is and was the
inspector, and/or licenser, and/or regulator of at least one of the
,
See Plaintiffs' Complaint, paragraphs 36-43.
Plaintiffs' Complaint, paragraph 48.
Plaintiffs' Complaint, paragraph 56.
3
,
,
NO. 94-6706 CIVIL TERM
group homes and the employees of C-PARC during the time when at
least one of the tortious acts of gross negligence against
Plaintiff Dennis Kennedy took place. ", Accordingly, Plaintiffs
claim that Defendant-Public Welfare was grossly and ordinarily
negligent for its inappropriate regulation of the C-PARC group
homes in which the alleged improper conduct took place.1
Plaintiffs initiated this action by filing a praecipe for a
writ of summons on March 23, 1994. This was followed by a
complaint filed by Plaintiffs on January 17, 1995. Defendant-
Public Welfare filed prsliminary objections to Plaintiffs'
complaint on January 31, 1995, Plaintiffs filed an amended
complaint on February 22, 1995,'
Defendant-Public Welfare's preliminary objections are in the
nature of a demurrer, contendiny that no cause of action against it
exists for negligent licensing, inspection and/or regulation
because of sovereign immunity. The:z:efore, Defendant-Public Welfare
requests that we strike from the complaint the allegations with
regard to it.
Initially, we note that the defense of sovereign immunity is
an affirmative defense which is most appropriately raised in new
,
Plaintiffs' Complaint, paragraph 25.
Plaintiffs' Complaint, paragraph 77.
See note 1 supra.
1
.
4
NO. 94-6706 CIVIL TERM
matter.' However, the right to challenge the use of a preliminary
objection to raise the issue is waived when a plaintiff fails to
file a preliminary objection to a defendant's preliminary
objection. CSX Transportation, Inc. v. Frantz Construction, 157
Pa. Commw. 620, 623 n.1, 630 A.2d 932, 934 n.1 (1993). Therefore,
we will proceed to address Defendant's demurrer on the merits.
with respect to a demurrer, it has been said that "[a]
demurrer admits all well-pleaded material facts in the pleading
which it attacks, as well as all inferences which may reasonably be
deduced therefrom." International Association of Firefighters v.
Loftus, 80 Pa. Commw. 329, 333, <1.71 A.2d 60S, 607 (1984).
"preliminary objections in the nature of a demurrer ... will be
sustained only when it appears with certainty that the law permits
no recovery under the facts pled, and any doubts in the
determination should be resolved by overruling the objections."
Paone v. City of Scranton, 9 D. & C.4th 115, 117 (Montgomery Co.
1991); see Department of Transportation v. Bethlehem Steel Corp.,
33 Pa. Commw. 1, 11, 380 A.2d 1308, 1313 (1977). "[A] demurrer
will not be sustained on the ground that a pleading is not
sufficiently specific ...." 2 Goodrich-Amram 2d Sl017(b)127, at
272 (1991). And, "[i]f any part of a plel1ding states a sufficient
cause of action, the demurrer to the pleading must be overruled."
2 Anderson, Pennsylvania Civil Practice S1017.l80, at 579 (1976).
,
Pa. R.C.P. 1030.
5
NO. 94-6706 CIVIL TERM
Agencies of the Commonwealth of Pennsylvania enjoy sovereign
immunity from suit as pI'ovided for in 1 Pa. C.S. S23l0.'0
Pursuant to section 11 of Article I of
the Constitution of Pennsylvania, it is hereby
declared to be the intent of the General
Aasembly that the Commonwealth, and its
officials and employees acting within the
scope of their duties, shall continue to enjoy
sovereign and official immunity and remain
immune from suit except as the Genera~
Assembly shall specifically waive the
immunity. When the General Assembly
specifically waives sovereign immunity, a
claim against the Commonwealth and its
officials and employees shall be brought only
in such manner and in such courts and in such
cases as directed by the provisions of Title
42 . . . unless otherwise specifically
authorized by statute.l1
Section 8521 of Title 42 provides, in pertinent part, as
follows:
(a) General rule.- Except as otherwise
provided in this subchapter, no provision of
this title shall constitute a waiver of
sovereign immunity for the purpose of 1 Pa.
C.S. S23l0 (relating to sovereign immunity
reaffirmed; specific waiver) or otherwise.12
Exceptions to sovereign immunity are provided for in S8522 of
Title 42:
(a) Liability imposed.- The General
Assembly, pursuant to section 11 of Article I
of the Constitution of Pennsylvania, does
10
Act of September 28, 1978, P.L. 788, Sl, 1 Pa. C.S. S2310.
rd.
11
12
Act of October 5, 1980, P.L. 693, S221(1), 42 Pa. C.S.
S8521.
6
NO. 94-6706 CIVIL TERM
hereby waive, in the instances set forth in
subsection (b) only and only to the extent set
forth in this subchapter and within the limits
set forth in section 8528 (relating to
limitations on damages), sovereign immunity as
a bar to an action against Commonwealth
parties, for damages arising out of a
negligent act where the damages would be
recoverable under the common law or a statute
creating a cause of action if the injury were
caused by a person not having available the
defense of sovereign immunity."
The nine specific areas in which state agency liability may
resul tare (1) vehicles; (2) medical-professional matters; (3)
care, custody, or control of personal property; (4) Commonwealth
real estate, highways and sidewalks; (5) potholes and other
dangerous roadway conditions; ( 6 ) care, custody or control of
animals; (7) liquor store saleo; (8) National Guard activities; and
(9) toxoids and vaccines.a
with regard to the present case, the medical-professional
liability exception is the only one with possible relevancy. That
exception provides:
(b) Acts which may impose liability.- The
following acts by a Commonwealth party may
result in the imposition of liability on the
Commonwealth and the defense of sovereign
immunity shall not be raised to claims for
damages caused by: ...
(2) Medical-professional
"
Act of October 5, 1980, P.L. 693, S22l(1), 42 Pa. C.S.
S8522.
,. Act of October 5, 1980, P.L. 693, S22l(1), as amended, 42
Pa. C.S. S8522(b) (1994 Supf'.).
7
NO. 94-6706 CIVIL TERM
liability.- Acts of health care
employees of Commonwealth agency
medical facilities or institutions
or by a Commonwealth party who is a
doctor, dentist, nurse or related
health care personnel.
The legislative history of the Sovereign Immunity Act lists
ten specific areas in which a waiver of sovereign immunity WAS
rejected. See Report of the Joint state Government Commission on
Sovereign Immunity, May 1978, at 15-16.
Among the ten items
rejected were improper licensing or delay in granting of licenses,
permits, etc., and the failure to inspect or improper inspection.
Id.
The Commonwealth Court addressed the issue of licensing with
regard to S8522(b) of the Sovereign Immunity Act of Title 42 in CSK
Transportation, Inc. v. Frantz Construction, 157 Pa. Commw. 620,
630 A.2d 932 (1993). In CSK, the plaintiff alleged that DER failed
to properly regulate the defendant. In holding that the plaintiff
failed to state a claim against DER which fell within the real
estate exception to sovereign immunity, the Court observed that
"[t]he mere fact that certain property or operations are subject to
licensing and inspection by a Commonwealth agency is not, in and of
itself, sufficient to state a claim cognizable under Section
8522 (b)." CSK Transportation, Inc. v. Frantz Construction, 157 Pa.
Commw. 620, 626, 630 A.2d 932, 935 (1993), quoting Snyder v.
Harmon, 102 Pa. Commw. 519, 525, 519 A.2d 528,531 (1986), rev'd on
other grounds, 522 Pa. 424, 562 A.2d 307 (1989).
8
NO. 94-6706 CIVIL TERM
In the present cas~, there is no allegation in Plaintiffs'
complaint that any of the employees committing the allegedly
tortious acts were employees of the State. ~Ioreover, the only
allegations leveled at Defendant-Public Welfare are that it was
negligent in its licensing and regulation of the group homes in
which Plaintiff-Kennedy was housed. Since the State has not waived
sovereign immunity with regard to licensing and regulation,
Plaintiffs have failed to state a claim which falls within an
exception to sovereign immunity.
AND NOW, this
ORDER OF COURT
\~1~ day of May, 1995, after careful
consideration of the Department of Public Welfare's preliminary
objections in the nature of a demurrer to Plaintiffs' complaint,
and for the reasons stated in the accompanying Opinion, the
preliminary objections are SUSTAINED and the complaint is DISMISSED
as to Defendant Department of Public Welfare.
BY THE COURT,
s/ J. Wesley Oler. Jr.
J. Wesley Oler, Jr., J.
William C. Hodgson, Esq.
229 Walnut Street
Newport, PA 17074
Attorney for Plaintiffs
9
24.
DENNIS KENNEDY & HELEN KENNEDY: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V
: CIVIL ACTION - LAW
:
:
CUMBERLAND-PERRY ASSOCIATION :
OF RETARDED CITIZENS, JAMES :
GURRERI, CAROL FIRENZ, SHIRLEY:
KNOX, VICKI DELILLIS & :
CAPELLINE PIVORNIC, DEPT. OF :
PUBLIC WELFARE, PEGGY WHITE, :
PAUL STENGEL, JOYCE CROFT, :
THOMAS FINK, DAVID SIPHER,
ET AL
94-6706 CIVIL TERM
.
.
IN RE: ARGUMENT CONTINUED
ORDER OF COURT
AND NOW, APRIL 27, 1995, by agreement of counsel, the
above-captioned matter is hereby continued from the APRIL 19,
1995, Argument Court List, counsel to reliet when ready.
By the Court,
'- CL-tLK (-- . ~e.h
arold E. Sheely, P.J. ()I
William C. Hodgson, Esquire
William A. Addams, Esquire
Jay W. Stark, Esquire
For Department of Public Welfare
Court Administrator
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: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA.CUMBERLAND
: COUNTY BRANCH
: NO, 0.4-6706 Civil
: Civil Actlon.Law
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, JAMES :
GURRERI, CAROL FIRENZ, SHIRLEY :
KNOX. VICKI DELILLlS, CAPELLINE :
PIVORNIC, DEPARTMENT OF PUBLIC :
WELFARE, PEGGY WHITE, PAUL :
STENGEL, JOYCE CROFT, THOMAS:
FINK, DAVID SIPHER, ED TIMBRELL, :
JEFFREY DEKEMANlDYKEMANI
HECKMAN, ED STEMME,
DENNIS KENNEDY,
HELEN KENNEDY,
Plalnllffs
V.
COMPLAINT AND MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
...
COMPLAINT
And now, this m day of January, 1995, come the Plalnlffs, by their Allomey,
William C. Hodgson, and selforth the wllhln Complelnt against the Defendants, to wit:
1. Plalnlllf Dennis Kennedy Is an adulllndlvldual whose legal address Is Sellnsgrovs
Center, Box 500, Sellnsgrove, Snyder County, PA 17870,
2. Plalnllff Helen Kennedy Is an adult Individual whose legal address Is R.D. 4, Box 173,
Newport, Perry County, PA 17074.
3. Defendant Cumberland-Perry Assoclallon of Retarded Cltlzons Is an Assoclallon with
lis business address localed atl17 North Hanover Streel, Carlisle, Cumberland County, PA
17013.
4. Defendant Jamas Gurrerlls the Execullvs Director of the Cumberlan-Perry
Assoclallon of Retarded CItizens; and whose business address Is 117 North Hanover Street,
Carlisle, Cumberland County, PA 17013.
5. Defendant Carol Flrenz Is an adulllndlvldual whose business address Is 117 North
Hanover Street, Carlisle, Cumberland County, PA 17013.
6. Defendant Shirley Knox Is an adulllndlvldual whose business address Is the
Pennsylvania Association of Retarded CItizens and whose business address Is Building 2, Suite
221,2001 North Front Street, Harrisburg, Dauphin County, PA 17102.
7. Defendant Vicki Dellllls Is an adultlndlldual whose business address Is The
Susquenlla Elementary School, Schoolhouse Road, Duncannon, Perry County, PA 17020.
8. Defendant Capelllne Plvomlc Is an adulllndlvldual whose business address Is The
Center for Industrlal Training at 262 Sliver Spring Road, Mechanlcsburg, Cumberland County,
PA 17055,
O. The Departmenl of Public Welfare Is a Dapartment of the Commonwealth of
Pennsylvania whose buslnass address Is 305 Heallh and Welfare Building, Harrisburg, Dauphin
County, PA 17105-2675,
10. Defendant Peggy White Is an adulllndlvldual whose address Is presently unknown.
11. Defendant Paul Stengel Is an adulllndlvldual whose address Is presently unknown,
12. Defendant Joyce Croflls an adult Individual whose address Is presently unknown.
13, Defendant Thomas Fink Is an adulllndlvldual whose address Is 2217 SouthfleJd
Road, Harrisburg. Dauphin County, PA 17104.
14, David Slpher Is an adulllndlvldual whose address Is presently unknown,
15, Ed Tlmbrellls an adult Indlvlduel whose address Is presently unknown,
16. Jeffrey Dekemanl Dykemanl Heckmen Is an adulllndlvldual whose address Is
presently unknown,
17. Ed Stamme Is an adulllndlvldual whosa address Is presently unknown.
18. The Incidents glVln,g rise to this cause of action took place betwren Sllptember,
1080 end December, 108?~}between Dee., 17yt.and 'ILv1r. ,I "1Jr.( aswell
as varlous dates between . 0 and 1.1. '12. --r / .
10. Defendant Cumberland.Perry Association of Retarded CItizens (hereinafter known
as CPARC) Is the care provider which operaled the group homes In which the Plalnllff Dennis
Kennedy resided during the times In which the tortious acts took place.
20. Defendant James Gurrert Is the current executive Director of CPARC.
21. Defendant Carol Flrenz Is thll former Director of Residential Services for CPARC at
the lime when et least one of the tortious ects against the Plalnlllf Dennis Kennedy took place.
22. Defendant Shirley Knox Is a former employee of CPARC who hed supervisory end
lor management responslblllly for employees of CPARC and for the management of at least one
of the group homes In which the tortolus ects took place which were ceused by the gross
negligence of the Defendants.
23. Defendant Vicki Osllllls Is a former employee of CPARC who hed supervisory and
lor management responSibility for employees of CPARC and for the management of at least one
of the group homes In which the tortious acts against the Plaintiff Dennis Kennedy took place.
24. Defendant Capelllne Plvornlo Is a former employee of CPARC who had
management and/or supervisory responSibility for employees of CPARC and for the
management of at least one of the group homes and! or programs In which the tortious aCts
against Plaintiff Dennis Kennedy took place.
25. Defendant Department of Public WelfarD Is and was the Inspector, and lor licenser
and/or regulator of at least one of the group homes and the employees of CPARC during the
time when etleast one of the tortious acts of gross negligence against the Plaintiff Dennis
Kennedy took place.
26. Defendant Peggy White Is a former employee and staff memoor of CPARC who
was responsible for the care, protection and nurturlng of Plaintiff Dennis Kennedy durlng the lime
perlod when at least one of the tortious acts against Plalnllff Dennis Kennedy took place,
26. Oefendant Paul Stengel Is a former employee of CPARC who was responsible for
the operations end services of CPARC In at least one of the group homes, and during the lime
penod, In which at least one of the tonlous acts against the Plalnllff Dennis kennedy took place.
27. Joyce Croft was the Senior Program Advisor In the group home on 721 Second
Street. New Cumberlend, PA durlng the perlod of lime when at least one of the tortious acts
against the Plalnllff Dennis Kennedy took placa.
28, Thomas Fink was a PSychologist providing services to at least one of the group
homes during or following the tortious scts against Plalnllff Dennis Kennedy.
20. Defendant DavId Slpher Is a former employee of CPARC who had supervisory
and/or n +;,}r(;,~....t+-l
management responsibility for the S 'e c a.... elLj, group home n which tortious acts
against Plalnllff Dennis Kennedy took place.
30. Defendant Ed Tlmbrellls a member of the CPARC Boand of Directors and Is
believed to have been on the Board during the lime perlod when at least one of the tortious acts
against Plalnllff Dennis Kennedy took place.
31. Defendant Jeffrey DekemanJDykeman/Heckman was an employee and staff
member of CPARC responsible for the care, protection and nurturlng of the Plalnllff Dennis
Kennedy durlng the penod of lime when at least one of the tortious acts against Plaintiff Dennis
Kennedy took place.
32. Defendant Ed Stemme was an employee and program advisor In the CPARC group
home located on 721 Second Street, New Cumberland, PA durlng the period of lime when at
least one of the tortious acts against thu Plaintiff Dennis Kennedy took place.
33. Dennis Kennedy was bom July 10, 1962.
34. Since his entry Into pre-school Dennis was thought to have SOMe type of brain
damage.
35, Oannls was denied partlclpallon In Head Start and allended the Capitol Area
Intenmedlale Unit unlllthe Summer of 1080.
36. In the fall of 1080 Dennis was admlUed to his first group home In New Cumberland,
Pennsylvania which was operated by the Cumberland Perry Assoclallon of Retarded CItizens.
37. Somellme dUring his stay at the first group home. which was known as the
"Children's Home" by CPARC staff. Dennis Kennedy was molested and possIbly sexually
assaulted by a female staff member by the name of Peggy White.
38, The Incident occurred when Dennis went one day to take a shower and was asked
by Ms, While If he needed help.
30, Dennis, who had grown up on a farm taking care of his dally Clue, did not need help
with bathing,
40. Dennis has been dlacnosed as mildly to moderately retarded by competent medical
authority.
41, When Dennis agreed 10 be helped In bathing Ms, While began to assist him,
41. According to the Plaintiff Dennis Kennedy, at some point during the ba1hlng, Ms,
While made a move thet was clearly sexual In nature.
42. Before the Incident was over Dennis and Ms. White ended up In bed together.
43. Apparently the Incldenl became known to others In the group home and et CPARC
because of remarks made among the start.
44. Dennis was unable to express his embarrasment or pursue his legal rlghts due to his
retardation.
45. Halan Kennedy, now Helen Cox, Dennis' molher, was never told of the Incident and
did not leam of II until told by Dennis on Thanksglvllng weekend, 1002,
46. In December, 1081, Dennis was moved to his first "adult" group home. Dennis
remaln6d at this group home until 1 085.
47. Shortly afler his move Into Ihe second group home, Dennis began to exhibit
Innepropriate advances toward female staff, noncompliance and rebellion against group home
staff, and other precocious Inappropriate behavior.
46. Dennis apparently witnessed a mala staff member molesting a female resident
(Consumer) while living at this second group home prior 10 Meech, 1063.
40. The male staff member In the Incident at the second group home was Immediately
discharged but again Dennis' mother, Helen Kennedy(Cox) was not told of the Incident. The
name of the start member was Jertrey Dekeman or Dykeman or Heckman or somthlng similar.
50. Dennis' first hospltallzallon occurred from November 12-22, 1062. This was a
psychiatric hospltellzetlon due to Dennis' aggressive and Inappropriate behavior In the group
home.
51. In June, 1963 Dennis lost his Job at the Red Lobster where he was employed as a
bus-boy. There Is some Indication thatlnapproprlate "talking to girls" may have been partially
responsible for the discharge and perhaps Inappropriate behavior by Dennis as well.
52. There Is no evidence that CPARC ever speclflcly addressed the above sexual
Incidents directly with Dennl~ other than to tell him not to talk about them.
53. No apology has ever been made by CPARC to Dennis or to his mother, Plalnllff
Helen Cox for the above sexual Incidents.
54. Dennis was moved to a third group home In Lemoyne on April 10, 1965 where he
lived untIl October, 1080.
55. This was the most stable period of Dennis' experience with CPARC. Dennis was
hospllallzed lwlce during this period for e total of seven months.
58, Dennis was abruptly moved to another Group home In Camp Hili on October 0,
1980. Dennis' mother was not given a reason for this move nor do the records Indicate why this
move occurred.
56. While etthe third group home, Dennis experienced a male staff member who came
to wor1l cross-dressed. Dennis was hospllallzed again for psychiatric reasons from March 14,
1000 unlll April 18, 1900, After this hospltallzallon, Dennis requested not to retum to this group
home,
57. On May 20,1900 Dennis was moved to a group home In Mechanlcsburg where he
remained until February, 1002.
58. In 1001 Dennis lost a girl friend and two job placements.
50. While etthe Mechanlcsburg group home, Dennis was forced to talk about emerging
soxuallly Issues with female staff because there wore no mele staff available. Later, when male
staff was available, Dennis was told not to talk 10 female staff about sexual Issues,
60. While etthe Mechanlcsburg group home, Dennis was hospitalized several times for
slgnlflgant episodes of aggression.
61. On Aprtl3, 1002 Dennis was transferred to Harrisburg State Hospital from which he
was transferred to Sellnsgrov'l Cenler on September 8, 1092, where he currently resides.
62. On Thanksgiving weekend, 1002, while on a vlsllto his mother's home, Donnls was
able to express and tell of the Incident with Peggy White at the first group home for the first time.
03. Ills alleged that Ed Stemme felled to take appropriate action foltowing the Incident
with Peggy White at the first group home or took Inappropriate action.
64. II Is alleged Ihat Joyce Croflfalled to take eppropriate action or took Inappropriate
action following the Incident with Peggy White at the first group home.
65. Ills alleged that Peggy White was grossly negligent, willful and wanton In her
Inapproprlate behavior towards Dennis Kennedy end In her failure to take approprlate corrective
action at the first group home.
68. Ills elleged thet Shirley Knox was grosssly negligent In failing to take corrective
action or for taking Inapproprlate action following any of the torllous actions which took place
under her Jurisdiction amI which are relaled to this complaint.
67. It Is alleged that Vicki Dellllls was grOSSly negligent In failing to take corrective action
or for teklng Inappropriate action following any of the tortious actions which took place under her
Jurisdiction end which are related to this complaint.
68. Ills alleged that Capelllne Plvomlc was grossly negligent In failing to take corrective
action or for taking Inapproprlale action following eny of the tortious actions which took place
under her Jurisdiction or menagement and which are related to this complaint.
eo. It Is alleged that Carol Flrenz was groSSly negligent In failing to take correcllve
action or for taking Inappropriate action following any of the tortious actions which took place
under her Jurisdiction or management and which are related to this complaint.
70. Ills alleged that Paul Stengal was grossly negligent In failing to take corrective
action or for teklng Inappropriate action following any of the tortious actions which took place
under his Jurisdiction or managemont and which are related to this complaint.
71. II Is alleged that Jeffray Dekeman/DykemanlHeckman was grossly negligent, wilful
and wanton In his reckless conduct toward a female resident which rosulled In Injury towards
Plalnllff Dennis Kennedy as well as emomllonal distress, and for his (Mr. Dekeman's failure tll
take approprlate colTllctlve action, If any.
72. Ills alleged that David Slpher took Inappropriate action or failed to take appropriate
corrective action following the Incident wllh Jeffrey DekemanlDykemanlHeckman(herelnafler
Dekeman) at the second group home.
'13. Ills allelled that Thomas Fink, Psychologist, failed to take approprlate action or
took Inapproprlale acllon following any disclosures to him of any knowledge of the tortious acts In
this complaint.
74. Ills alleged that Ed Tlmbrell failed to lake appropriate action or took Inappropriale
action foliowlng disclosure to him of any of the tortious acts related to this complaint.
75. Ills alleged that James Gurreri failed to take appropriate acllon or took Inappropriate
ectlon following disclosure to him of any of the tortious acts In or relaled to this complaint.
76. Ills alleged that Cumberland. Perry Assoclallon of Retarded clllzens was grossly
negligent and negligent for any end ell of the tortious acts which took place related to this
complaint and for taking Inapproprlate action or for failing to take appropriate action to correct
the effects of seme.
77. It Is alleged that the Pennsylvania Department of Public Welfare was grossly and
simply negligent for lis Inapproprlale regulallon of the CPARC group homes In which the tortious
acts named In this complaint took place.
78. All of the Defendants named In this complalnl had a duty of care to the Plalnllffs.
70. All of the Defendants named In this complaint allegedly breached that duty to care
toward the Plaintiffs.
80. As e result of that breach of duly towards thll Plalnllffs, the Plalnllffs were Injured,
perhaps Irreparably.
81. Plalnllffs seek all appllcalble damages and restllullon provided by law.
82. Plalnllffs specificly plead a demand for punlllve damages based on the gross
negligence end wanton, wilful conduct of the tortfeasors and their superiors.
83. Plalnllffs plead special and compensatory damages In the approximate amount of
$318,308.00 as follows:
Past Medical expenses $171,026.00
Future Medical expense $ 81,382.00
Mental Anguish $40,000.00
Total 318,308.00
t:J~s~At:'~
William C, Hodgson r
Allomey for Plalnllffs
MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM
Under the style of the above, Plaintiffs respectfully request that Helen M. Kennedy,
mother of Dennis Kennedy, be named Guardian ad litem for this action. In support of this mollon
.
Plelnllffs state that Dennis Kennedy has been found by expert medical authority to be mentally
retarded In the mild to moderele range and Is In fact unable legally or practically to manage the
course of this IItlgallon. Therefore, Plaintiffs move that Helen Kennedy be appointed GlJardlan
ad litem wllh authority to conduct compromise and settle aU mellers with respect to this cause or
any related cause of action.
Respectfully SUbmlttpj
()J~-~~
William C. Hodgson ,-- , ,
Allomay for Plalnlllfs
VERIFICATION
We, Dennis Kennedy and Helan M. Cox, Plalnllffs, do hereby swear and affirm that the facts set
forth In the foregoing complaint and mollon are true and correct to the best of our knowledge,
Informallon and belief. We understand that this verification Is mede subject to the penallles of
16 Pa. C.S. Section 04004, relallng to unswom falsification to authorilles.
WITNESS:
woe
tdilf14w. C
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DENNIS KENNEDY
I-ke.t.- I\,t, 41-
Hi:LEN M. cox
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i DENNIS KENNEDY, : IN THE COURT OF COMMON PLEAS
HELEN M. COX, : OF THE NINTH JUDICIAL DISTRICT OF
Plaintiffs : PENNSYLVANIA-CUMBERLAND
: COUNTY BRANCH
V. : NO, 04-6706 Civil
: Civil Action-law
CUMBERLAND-pt:RRY ASSOCIA nON
OF RETARDED CITIZENS, CAROL FIRENZ,
CAPELLINE :
PIVORNIC, DEPARTMENT OF PUBLIC :
WELFARE, PEGGY WHITE, PAUL
STENGEL,
Defendents,
COMPLAINT AND MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
...
COMPLAINT
And now, this ?"/5t day of February, 1095, come the Plalnlffs, by their Allomey,
William C. Hodgson, and set forth the wllhln Amended Complaint against the Defendants, to wll:
1. Plaintiff Dennis Kennedy Is an adult Individual whose legal address Is Sellnsgrove
Center, Box 500, Sellnsgrove, Snyder County, PA 17870.
2. Plaintiff Helen M. Cox Is an adulllndlvldual whose legal address Is R.D. 4, Box 173,
Newport, Perry County, PA 17074.
3. Defendant Cumberland-Perry Association of Reterded CItizens (also known as
CPARC) Is an Association wllh lis business address located at 117 North Hanover Street,
Cerllsle, Cumbertand County, PA 17013.
4. Defendant Carol Flrenz Is an adulllndlvidual whose business address Is 117 North
Hanover Street, Carlisle, Cumberland County, PA 17013.
6. Defendant Capelllne Plvomlc Is an adulllndlvldual whose business eddress Is The
Center for Industriel Training at 262 Sliver Spring Road, Mechanlcsburg, Cumberland County,
PA 17055.
7. The Deparlment of Public Welfare Is a Department of the Commonweellh of
Pennsylvania whose business address Is 305 Heallh and Welfare Building, Harrisburg, Dauphin
County, PA 17105-2675.
8. Defendant Peggy White Is an adulllndlvldual whose last known address Is 320 Fourth
SI., Rear, New Cumberland, PA 17070.
O. Defendant Paul Stengel Is an adulllndlvldual whose business address Is ARC,
Montgomery County, Continental Plaza, 1010 West Ninth Ave., King of Prussia, PA 10.406 .
10, The Incidents giving rise to this cause o~ action took Pla~ betwllen ~el!tember,
1080 andDecember,1081andbelween b""'JI7~/ -and _~,'l..J,l1rL., as well
as various dates between t'lJ-G' and I '11 "~ . /
.
11. Defendant Cumberland-Perry Assoclallon of Retarded CItizens (herelnafler known
as CPARC) Is the care provider which operaled the group homes In which the Plaintiff Dennis
Kennedy resided during the limes In which the tortious acts took place,
12. Defendant Carol Flrenz Is the former Director of ResldenllalServlces for CPARC et
the lime when at least one of the tortious acts against the Plaintiff Dennis Kennedy took place.
13, Defendant Capelllne Plvomlc Is a former employee of CPARC who had
management end/or supervisory responsibility for employees of CPARC and for the
management of at least one of the group homes and! or programs In which the tortious acts
against Plalnllff Dennis Kennedy took place,
14. Defendent Deparlment of Public Welfare Is and was the Inspector, and lor licenser
and/or regulator of at least one of the group homes and the employees of CPARC during the
time when at least one of the tortious acts of gros., negligence against the Plalnllff Dennis
Kennedy took place.
15. Defendant Peggy While Is a former employee and stall member of CPARC who
was responsible for the care, protection end nurturing of Plalnlllf Dennis Kennedy durlng the time
period when at least one of the tortious acts against Plalnllff Dennis Kennedy took place.
16. Defendant Paul Stengel Is a former employee of CPARC who was responsible for
the operallons end services of CPARC In at least one of the group homes, end during the time
perlod, In which at leest one of the tortious ects against the Plaintiff Dennis kennedy took place.
17. At about pre-school Dennis was thought to have some type of brain damege.
18, Dennis was denied partlclpallon In Head Start and ellended the Capitol Area
Intermedlete Unll until the Summer of 1080.
10. In the fall of 1080 Dennis was edmllled to his first group home In New Cumberland,
Pennsylvenla which was operated by the Cumberland Perry Assoclallon of Retarded Clllzens.
20. Somellme durlng his stay at the first group home, which was known es the
'Children's Home' by CPARC mall, Dennis Kennedy was molested and possibly sexually
assaulted by a female staff member by the name of Peggy While.
21. The Incldent occurred when Dennis went one day to take a shower and was asked
by Ms. White If he needed help.
22. Dennis, who had grown up on a fanm taking care of his dally care, did not need help
with bathing.
23. Dennis has been diagnosed as mildly to moderately retarded by competent medical
authority.
24. When Dennis agreed to be helped In bathing Ms. While began to assist him.
25. According to the Plaintiff Dennis Kennedy, at some polnl during the bathing, Ms,
While made a move that was cleariy sexual In nature.
26, Before the Incident was over Dennis and Ms. White ended up In bed together.
27. Apparenlly the Incident became knnwn to olhers In the group home and at CPARC
because of remarks made among the staff.
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28. Dennis was unable to express his embarresment or pursue his legal rlghts due to his
retardation,
20. Plaintiff Helen M, Cox, formerty Helen Kennedy, Dannls' mothar, was never told of
the Incident and did notleam of II until told by Dannls on Thanksglvllng weekend, 1002.
30. In Dacember, 1081, Dennis was moved to his first 'adull' group home. Dennis
remained at this group home until 1 085.
31. Shortly afler his move Into the second group home, Dennis began to exhibit
Innaproprlate advances toward female staff, noncompliance and reb9l11on against group home
staff, and other precocious Inappropriate behavior,
32, Dennis apparently witnessed e male staff member molesllng a female resident
(Consumer) while living at this second group home prior to March, 1083,
33. The male staff member In the Incident at the second group homa was Immediately
discharged but ageln Dennis' moth or, Helen Kennedy(Cox) was not told of the Incident. The
name of the staff member was Jeffrey Dekeman or Dykeman or Heckman or somthlng similar.
34. Dennis' first hospitalization occurred from November 12.22, 1982, This wes a
psyclllatric hospllallzatlon due to Dennis' aggressive and Inappropriate behavior In the group
home.
35. In June, 1083 Dennis lost his Job at the Red Lobster where he was flmployed es e
bus-boy. There Is some Indication that Inapproprlate 'talking to girts' may have been partially
responsible for the discharge and perhaps Inappropriate behavior by Dennis as well.
36. There Is no evidence that CPARC ever speclflcly addressed the above sexual
Incidents directly with Dennis other Ihan to tell him not to talk about them.
37. No apology has ever been mede by CPARC to Dennis or to his mothflr, Plalnllff
Helen Cox for the above sexuellncldenls,
38. Dennis was moved to a third group home In Lemoyne on April 1 0, 1085 where he
lived until October, 1080.
30. This wes the most stable period of Dennis' experience with CPARC. Dennis was
hospllallzed ONLY ONCE during this period for two or three days.
40. While at this group home, CPARC staff were told by Capelllne Plvomlc that no one
was to discuss sex with Dennis Kennedy because he had had sex with a steff member.
41. Dennis was abruptly moved to another Group home In Camp Hili on October 0,
1080. Dannls' mother was not given a reason for this move nor do the records Indlcale why this
move occurred.
42. While at the third group home, Dennis experienced a male staff member who came
to work cross-dressed. Dennis was hospllallzed again for psychiatric reasons from March 14,
1000 until April 16, 1990. After this hospltallzallon, Dennis requested not 10 relum to this group
home,
43. On May 20, 1990 Dennis was moved to a group home In Mechanlcsburg where he
remained until February, i 092.
44. In 1901 Dennis lost a girl friend and two job placements,
45. While at the Mechanlcsburg group home, Dennis was forced to talk about emerging
sexuality Issues with fllmale staff because there were no male slaff evallable. Later, when male
staff was available, Dennis was told not to talk to female staff about sexual Issues.
46, While at the Mechanlcsburg group home, Dennis was hospitalized several limes for
slgnlflgant episodes of aggression.
47. On April 3, 1002 Dennis was transferred to Harrisburg State Hospital from which he
was transferred to Sellnsgrove Center on September 8, 1002, where he currently resides.
411. On Thanksgiving weekend, 1002, while on a visit to his mothe(s home, Dennis was
able to express and tell of the Incident wllh Peggy While at the first group home for the flrsttlme.
40. Plalnllffs plead special and compensatory damages In the approximate amount of
$318,38.00 as follows:
Past Medical Expenses
Future Medical Expenses
Mental Anguish
Total
$ 171,928.00
$ 81,382,00
$ 40,000.00
$ 318,308.00
COUNT I
CPARC GROSS NEGLIGENCE AND NEGLIGENCE
50. Paragraphs 1. to '11 are Incorporated hereto by reference.
51. CPARC had a duly of car6to the Plaintiffs.
52. CPARC breeched that duty of care through lis employees and servanls who were
grossly negligent and/or negligent toward the Plalnlllf Dennis Kennedy.
,
53. The Plalnllff Dennis Kennedy was Injured as a proximate cause of the gross
negligence and negligence of the Defendants.
54. Plaintiff suffered special and compensatory damages as listed In paragraph _
ebove.
55. Defendant CPARC should be assessed punlllve damages for the wanton and wllfull
conduct of lis servant(s) and employee(s), and for lis deliberate cover-up of the Incidents
Involving employees Peggy While and Jeffrey Delkman.
COUNT II
GROSS NEGLIGENCE AND NEGLIGENCE OF CAROL FIRENZ
56. Paragraphs lto:i.i.. are Incorporated hereto by reference,
57. Carol Flrem: was Director of Resldenllal Services for CPARC while Dennis
Kennedy was at the 'Chlldrens" Group Home and possibly while Dennis was at the Second
Group home.
58. Carol Flrenz had a duty to Inslilute and/or enforce enforce discipline and or
disciplinary measures against staff members who engaged In sexual relallons wllh consumers
end to bring such Incldenls to the attenllon of persons w~o were known to be In a poslllon to seek
legel redress and enforce claims on behalf of resldents(consumers). Ms. Flrenz was also In the
posillon to bring Incldenls which might heve broken the law to the allentlon of law enforcement
authorities.
50. That Ms. Flrenz breached this duty was Indlcaled by the fact thai Plalnlllf Helen
Kennedy (Cox) was never Informed In a timely manner of lhe Incident,
60. That Ms. Flrenz breached this duty Is Indicated by a comment she made to Plalnliff
Helen Kennedy(Cox) that "Things were different back then',
61. Ms, Firenz told Helen Kennedy(Cox) when Ms, Kennedy had only an ambiguous
report of a 'bathtub Incident' that a record would be made of 1\ for future use; whereas CPARC
Director James Gurrerils now publicly denying any knowledge of any Incident.
67. That Plaintiffs were Injured by the Negligence and Gross Negligence of Ms. Flrenz Is
Indicated by the Inability of Plelnlllf Dennis Kennedy to assert his lege I rights against the
Defendanl(s) and for Plalnllff Helen Kennedy (Cox) to assert the legal claims of htlr son.
68, Defendant Cerol Flrenz negligence andlor gross negligence was the proximate
cause of the Plalnlllfs Injuries.
60. Plaintiff Dennis Kennedy suffered damages as listed above In paragraph _ due
to the negligence of this Defendant
70. Plaintiffs should be awarded Punitive Dameges If facts reveal that Ms. Flrenz
willfully and wantonly breached her duty of cere to Inform Plaintiff Helen Cox of Dennis' Incidents
or to Inform law enforcement authorities.
COUNT III
GROSS NEGLIGENCE AND NEGLIGENCE OF CAPELLlNE PIVORNIC
71. Paragraphs 1 to 1/'1 are Incorprated herein by reference.
72. Capelllne Plvomlc had a duty of care toward Plaintiffs.
73. Defendant Capclllne Plvomlc breached her duty of care by Instnlctlng staff
members not to discuss sex wllh Dennis because he had had sex wllh a staff member and then
further breaching her duties to fall to Inform Helen Kennedy (Cox) of the Incldent(s) which might
have given rise to a claim or a cause of action by Dennis Kennedy which he was unable, due to
his mental underdevelopmentJto pursue.
74. This breach of Ms. Plvomlc's duty of care was an act of gross negligence which
resulled In Injury to the Plaintiffs because It prevented them from promptly filing claims or
seeking redress from the tortious conduct of CPARC and other tortfeesors.
75. As a resull of the Injuries to the Plaintiffs, Plaintiffs suffered llamages as desr.rtbed
In paragraph 11 above,
76. Defendant Plvomlc should also be liable for punitive damages for the wanlon and
willful cover-up oflhe acts of the other Defendants,
COUNT IV
GROSS NEGLIGENCE AND NEGLIGENCE OF DEPARTMENT OF
PUBLIC WELFARE(DPW)
77. Paragraphs lto '/7 are Incorporated hereto by reference.
78. DPW had II duly of care 10 Inspect, license and regulate the group homes In
which Plalnllff Dennis Kennedy was living,
70. That the tortious acts alleged In this com pial III took place would posslbey Indicate a
breach 01 the duty of care.
80. Ills e matter of law whelher the breech of seld duty of care Is en act of gross or
simple negligence,
81. Plaintiffs were Injured by the breach of DPWs duly of care as said breach was the
proximate cause of Plaintiffs InJurles,
82. . f..s the resull of Plaintiffs Injuries, Plaintiffs suffered damages as described In
paragraph:iL above.
COUNT V
GROSS NEGLIGENCE AND NEGLIGENCE OF PEGGY WHITE
83, Paragraphs lto:tL. are Incorporated hereto by reference.
84. Peggy While had a duty of care to handle contacts with consumer Dennis Kennedy
In a professional manner without the occurence of sexual contact or fondling.
85. Peggy While breached that duty of care by Initiating unnecessary physical contact
wllh Plaintiff Dennis Kennedy and then by overt sexual overtures.
86. This vlolaUon of this Defendant's duty of care was the proximate cause of the
PlelnUffs InuJuries.
87. This sexual contact Injured the Plaintiff Dennis Kennedy by violating his right to be
free from such Indecent unprofessional contacts by exposing his child-like mental development
to activities for which he did not have the meturity, thus causing the Inapprorlate precocious acts
which disrupted his mental development for many years.
88" r~e above Injury to the Plaintiff Dennis Kennedy resulled In damages listed In
paragraph .:t.:1.
80. Defendant Peggy White should also be found lIable far Punitive Damages for gross
negligence ailslng lrom wanton and willful disregard of the Plalnllff Dennis Kennedy's civil and
statutory rights and from the abandonment of her duty of care.
COUNT VI
GROSS NEGLIGENCE AND NEGLIGENCE OF PAUL STENGEL
00. Paul Slengel had a duty of care to the Plaintiffs,
01, Paul Sengel breached that duty of care,
02. As a proximate cause of that breach of Mr. Slengel's duly of care, Plaintiffs
suffered Injuries.
03. As a direct result ofth~I~UrleS suffered by the Plalnlllfs, Plalnllffs Incurred
damages as set forth In paragraph .
04. Defendant Stengel should be liable for Punlllve Damages as a resull of coverlng-up
the torllous acts of the other Defendants.
05, Ills alleged that Ed Stemme failed to take approprlale action following the Incident
wllh Peggy White at the first group home or took Inapproprlate acllon.
96. Ills alleged that Joyce Croflfalled to take appropriate acllon or took Inapproprlate
action following tha Incident wllh Peggy While at the first group home.
07. Ills elleged that Peggy White was grossly negligent, willful and wanton In her
Inapproprlate behavior towards Dennis Kennedy and In her failure to take epproprlate corrective
action at the first group home.
08. Ills alleged that Capelllne Plvomlc was grossly negligent In failing to take correctlva
ectlon or for taking Inappropriate acllon following any of the torllous acllons which took place
under her jurlsdlctlon or management and which are related to this complaint.
00. Ills elleged that Carol Flrenz was grossly negligent In failing to take corrective
action or for taking Inapproprlale ectlon following any of the tortious actions which took place
under her Jurisdiction or management and which are relaled to this complaint. '
100. Ills alleged that Paul Stengel was grossly negllgenlln failing to lake corrective
action or for taking Inapproprtate action following any of the torllous actions which took place
under his Jurisdiction or management and which are relaled to this complaint.
101. Ills alleged that Jeffrey DekemanlDykemanlHeckman was grossly negligent, wilful
and wanton In his reckless conduct toward a female resident which resulled In Injury towards
Plalnllff Dennis Kennedy as well as emomllonal distress, and for his (Mr. Dekeman's failure to
take eppropriate correctlva action, If any.
102. Ills alleged that David Slpher took Inepproprlate acllon or failed to take appropriate
correcllve action following the Incident with Jeffrey Dekeman/Dykeman/Heckman(herelnafler
Dekeman) at the second group home.
103. Ills alleged thaI Thomas Fink, Psychologist, failed to take appropriate action or
took Inappropriate action following any disclosures to him of eny knowledge of the tortious acts In
this complaint.
104. Ills alleged that Ed Tlmbrellfalled to take appropriale acllon or took Inappropriale
acllon following disclosure to him of any of the tortious acts related to this complaint.
105, Ills alleged that James Gurreri failed to teke appropriale action or took
Inappropriate action following disclosure to him of any of the tortious acls In or related to this
complaint.
106. Ills elleged thai Cumberland.Perry Association of Relarded citizens was grossly
negligent and negligent for any and all of the tortious acts which took place related to this
complaint and for taking Inappropriate action or for failing to take appropriate acllon to correct
the effecls of same,
107, II Is alleged that the Pennsylvania Deparlment of Public Welfare was grossly and
simply negligent for lis Inappropriate regulallon of the CPARC group homes In which the tortious
acts named In this complaint took place.
108. All of the Defendanta named In this complaint had a duty of care to the Plalnllffs,
100. All of the Defendants nemed Ir. this complaint allegedly breached that duly to cere
toward the Plalnllffs.
110. As a resull of thet breach of duty towards the Plalnllffs, the Plalnllffs were Injured,
per11aps Irreparably,
111. Plaintiff Helen M, Cox Is named as a Plaintiff because she must stand and essert
the claims of her son who Is unable to brlng this suit himself.
112. Plalnlllfs seek all eppllcalble damage~ end reslltullon prov;ded by low.
113. Plalnllffs speclllcly plead II demand for punitive damages based on the gross
negligence And wanton, wilful conduct of the torlfeasors and their superiors.
114. Plaintiffs plead special and compensatory damages In the approximate amount of
$318,308.00 as follows:
Pest Medical expenses $171,926,00
Future Medical expense $ 81,382.00
Mental Anguish $40,000,00
Tolal 318,308,00
~~~f~s~,m~~.A
William C. Hodgst~ rf-'Y1
AlIomey for Plaintiffs
MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM
_ Under the style of the above, Plalnllffs respectfully request that Helen M. Kennedy,
l,tlO'her of Dennis Kennedy, be named Guardian ad litem for lhls acllon. In support of this mollon
Plelnllffs stale that Dennis Kennedy has been found by expert medical authorlty to he mentally
retarded In the mild to moderale ranlle and Is In fact unable legally or practically to manage the
course of this IIl1gatlon. Therefore, Plalnlllfs move thai Helen Kennedy be appointed Guardian
ad litem with authority to conduct compromise and sellle all mailers with respect 10 this cause or
any relaled cause of action.
Res~ctfullY submlt\e<;
Lumll-1->1C J;fn~1-'-y(
William C. Hodgson ' - r"
Allomey for Plalnlllfs
VERIFICATION
We, Dennis Kennedy and Helen M. Cox, Plaintiffs, do hereby swear and alllrm that the facts set
forth In the foregoing complaint and mollon are true and correct to the best of our knowledge,
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DENNIS KENNEDY,
HELEN M, COX,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA.CUMBERLAND
: COUNTY BRAN~H
: NO. 04-0706 Civil
: Civil Actlon.Law
V.
CUMBERLAND-PERRY
ASSOCIATION OF RETARDED
CITIZENS, CAROL FIRENZ,
CAPELLINE PIVORNIC, PEGGY
WHITE, PAUL STENGEL,
Defendants
REPLY AND ANSWER TO NEW MA TIER
REPLY
And now, come the Plalnllls, by their Allomey, WIlliam C, Hodgson, end set forth the following
Reply to the Defendanls' Answer to the Second Amended Complalnl(herelnafler referred to as
the Complaint) :
1. In peragraph (6) of Ihe Complaint, Capelllne Plvomlc Is listed as a Defendant. It was
no1the Plalntllls' Intent to dismiss Defendant Capelllne Plvomlc. Defendant Capelllnd Plvomlc
has been listed In every caption flied with the Court, Leava of Court mey be sought to amend
the sllpulatlon referred to In the Answer.
2. Regarding paragraph (0) of the Complaint, the Incident In which Peggy White was
Involved took place while Plalnllff Dennis Kennedy wes living at the first group home known as
the 'Chlldren's Home' from September, 1080 until December, 1981. The negligence Involved In
moving Plalnllff Dennis Kennedy occurred In more than one time and place Including, but not
necesserily IImlled to on or ebout April 1 0, 1085, October 0, 1080 and May 20,1090.
3. Regarding paragraph (12) of the Complaint, Cepelllne Plvomlc had supervisory
authority at CPARC during a perlod of time Including, but notllmlled to, some lime durlng the
period between April, 1085 and October, 1080.
4. Regarding paragraph (13) of the Complaint, the period of time during which Peggy
White wes responsible for Ihe care, nurturlng end protection of Plalnllff Dennis Kennedy was
from approximately September, 1080 through aproxlmately December, 1081.
5. Regerdlng paragraph (14) It Is believed thai Paul Stengel wes Director of Residential
Services or held another poslllon of authority during the period from September, 1080 until
December, 1081 and per11aps beyond 1081.
COUNT II
GROSS NEGLIGENCE AND NEGL.lGENCE OF CAROL FIRENZ
6. The replies In paragraph 1.5 are Incorporated herein by reference.
7, Regarding paragreph (70) of tho Complaint, Carol Flrenz was serving In a supervisory
capacity at CPARC at the lime of the Incldenl(s) wllh Peggy White
.'
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
NO, 94-6706
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
CIVIL ACTION - LAW
NOTICE
To the Plaintiffs:
You are hereby notified to plead to the enclosed New Matter
within twenty (20) days from service thereof or a default
judgment may be entered against you.
FOWLER, ADDAMS, SHUGHART & RUNDLE
By: /7~~~~
- -1f{~ Addams
supreme Court I.D. No. 06265
28 South pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendants
S~ '" /'"
Of I) ,.
" 1"1
,
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
NO. 94-6706
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al.
Defendants
CIVIL ACTION - LAW
ANSWER
AND NOW, come the defendants, by their attorneys, Fowler,
Addams, Shughart & Rundle, and make the following answer to the
plaintiffs' second amended complaint:
1-3. Admitted.
4. The defendant is Carol J. Ferenz.
5. omitted from complaint.
6. Defendant Cape11ine pivornic has been dismissed by
stipulation.
7-8. Admitted.
9. Denied in accordance with Pa. R.C.P. 1029(e)
10. It is admitted CPARC operated group homes in which
Dennis Kennedy resided. The remaining averment is denied in
accordance with Pa, R.C.P. 1029(e).
11. It is admitted that Defendant Carol Ferenz is the
Director of Resid~ntial services for CPARC. The remaining
averment is denied in accordance with Pa. R.C.P. 1029(e).
12. Denied in accordance with Pa. R.C.P. 1029(e).
13. It is admitted Defendant Peggy White is a former
employee of CPARC. The remaining averments are denied in
accordance with Pa, R.C.P. 1029(e).
14. It is admitted Defendant Paul Stengel is a former
employee of CPARC. The remaining averments are denied in
accordance with Pa. R.C.P. 1029(e).
15. After reasonable investigation, the defendants are
without knowledge sufficient to form a belief as to the truth of
the averment. The same is therefore denied.
16. The answer to Paragraph 15 is incorporated herein by
reference.
17-18.
19.
Admitted.
The answer to Paragraph 15 is incorporated herein by
reference.
20. Admitted.
21-24. Denied in accordance with Pa. R.C.P. 1029 (e) .
25. Admitted.
26-31. Denied in accordance with Pa. R.C.P. 1029(e).
32. Admitted.
33-35. Denied in accordance with Pa. R.C.P. 1029 (e) .
36. Admitted.
37-39. Denied in accordance with Pa. R.C.P. 1029(e).
40. Admitted.
41. The answer to Paragraph 15 is incorporated herein by
reference.
42-44. Denied in accordance with Pa. R.C.P. 1029(e).
,
45. Admitted.
46. The answer to Paragraph 15 is incorporated herein by
reference.
47. Denied in accordance with Pa, R.C.P. 1029(e).
48-49. Admitted.
50-51. The answer to Paragraph 15 is incorporated herein by
reference.
COUNT I
PLAINTIFFS v. CPARC
52, The answers to Paragraphs 1-51 are incorporated herein
by reference.
53. Admitted.
54-55. The conclusions of law are denied.
56. Denied in accordance with Pa. R.C.P. 1029(e).
57-62. The conclusions of law are denied.
63-64. Dcnied in accordance with Pa. R.C.P. 1029(e).
65-68. The conclusions of law are denied.
WHEREFORE, the defendants request Count I be dismissed.
COUNT II
PLAINTIFFS v. CAROL FERENZ
69. The answers to Paragraphs 1-68 are incorporated herein
by reference.
70. Denied. Ms. Ferenz was not the director during the
alleged times.
71-73. The conclusions of law are denied.
74. Denied in accordance with Pa. R.C.P. 1029(e).
75-79. The conclusions of law are denied.
,
WHEREFORE, the defendant requests Count II be dismissed.
COUNT III
PLhINTIFFS v. C~PELLINE PIVORNIC
80-85. The answer to Paragraph 6 is incorporated herein by
reference.
WHEREFORE, the defendant requests Count III be dismissed.
COUNT IV
PL~INTIFFS v. PEGGY WHITE
86. The answers to Paragraphs 1-85 are incorporated herein
by reference.
87-88. The conclusions of law are denied,
89. Denied in accordance with Pa. R.C,P. 1029(e).
90. The conclusion of law is denied.
91. The answer to Paragraph 15 is incorporated herein by
reference.
92-94. The conclusions of law are denied.
WHEREFORE, the defendant requests Count IV be dismissed.
COUNT V
PLAINTIFFS v. P~UL STENGEL
95. The answers to Paragraphs 1-94 are incorporated herein
by reference.
96-100. The conclusions of law are denied.
WHEREFORE, the defendant requests Count V be dismissed.
101-111. The conclusions of law are denied.
WHEREFORE, the defendants request the complaint be
dismissed.
NEW MATTER
By way of further answer and defense, the defendants assert
the following in new matter:
112. The second amended complaint fails to state a cause of
action upon which relief can be granted against Defendants Carol
Ferenz, and Paul stengel.
113. The second amended complaint fails to state a claim
upon which relief can be granted by Plaintiff Helen M. Cox,
individually.
114. Any claim of Plaintiff Helen M. Cox as guardian ad
litem is derivative of the claim of Dennis Kennedy.
115. Plaintiff Dennis Kennedy was aware of and knew of the
alleged acts set forth in the complaint which are claimed to be
tortious as they were occurring.
116. No alleged act of negligence on the part of CPARC or
any of its employees occurred after February of 1992.
~-
117. Plaintiff Helen M. Cox was aware in January of 1992
that her son, Plaintiff Dennis Kennedy, was claiming that he had
sexual contact with a CPARC employee at the group home in New
Cumberland in 1980 or. 1981,
118. Plaintiff Dennis Kennedy was born July 10, 1962.
119. This action was commenced by writ of summons filed
November 23, 1994.
.'
'.
:
VERIFICATION
Vicki S. Darr, Director of Administration, CPARC, hereby
verifies that the facts set forth in the foregoing Answer are
true and correct to the best of her knowledge, information and
belief, and understands that false statements herein are made
subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn
falsifications.
~As.Da1A-
DATE: ~i""/fJ-
, .
v.
: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA.CUMBERLAND COUNTY
: BRANCH
: NO, 94-6706 CIVIL ACTION-LAW
DENNIS KENNEDY,
HELEN M, COX,
Plaintiffs
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, CAROL FIRENZ,
CAPELLINE PIVORNIC, PEGGY WHITE,
PAUL STENGEL,
Defendants
NOTICE TO DEFEND
You have been sued In Court. If you wish to defend against the claims set forth In the
following pages, you must take action within twenty (20) days afler this Complelnt and Nollce are
served, by entering a written appearance personally or by allomey and filing In wrlllng wllh the
Court your defenses or objections to the claims set forth against you.
You are wamed that If you fall to do so the case may proceed without further nollce for
any money claimed In the complaInt or for any other claim or relief requested by the Plalnllffs
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 HELP.
Cumberland County Courthouse
Court AdmInIstrator
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
()J~ C //( () -
William C. Hodgson ~
Attomey for Plelnllfls
1600 Garrett Road, K-15
Upper Darby, PA 1002-4464
(610) 250.4284
,
V.
: IN THE COURT OF COMMON PLEAS
: OF THE NINTH JUDICIAL DISTRICT OF
: PENNSYLVANIA-CUMBERLAND
: COUNTY BRANCH
: NO. 04-8706 Civil
: Civil Action-Law
DENNIS KENNEDY,
HELEN M. COX,
Plelntlffs
CUMBERLAND.PERRY
ASSOCIATION OF RETARDED
CITIZENS, CAROL FIRENZ,
CAPELLINE PIVORNIC, PEGGY
WHITE, PAUL STENGEL,
Defendants
SECOND AMENDED COMPLAINT AND MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
..,
COMPLAINT
And now, this day of April, 1005, come the Plalnlffs, by their Attomey, William
C, Hodgson, and set forth the wllhln Amended Complaint against the Defendants, to wit:
1. Plaintiff Dennis Kennedy Is en adulllndlvldual whose legal address Is Sellnsgrove
Center, Box 500, Sellnsgrove, Snyder County, PA 17870,
2. Plaintiff Helen M, Cox Is en edultlndlvldual whose legal address Is R.D. 4, Box 173,
Newport, Perry County, PA 17074.
3. Defendant Cumberland-Perry Association of Retarded CItizens (also known as
CPARC) Is an Association with lis business address located atl17 North Henover Gtreet,
Carlisle, Cumberland County, PA 17013.
4, Defendant Cerol Flrenz Is an adulllndlvldual whose business address Is 117 North
Hanover Street, Carilsle, Cumberland County, PA 17013.
6. Defendant Capelllne Plvomlc Is an adulllndlvldual whose business address Is The
Center for Industrial Training at 262 Sliver Spring Road, Mechanlcsburg, Cumberland County,
PA 17055.
7. Defendant Peggy While Is an adult Individual whose last known address Is 320 Fourth
SI., Rear, New Cumberland, PA 17070,
8. Defendant Paul Stengel Is an adulllndlvldual whose business address Is ARC,
Montgomery County, Continental Plaza, 1010 West Ninth Ave.. King of Prussia, PA 10.406 .
9. The Incldenls giving rlse to this cause of action took place between September, 1080
and December, 1081 and betwean December, 1081 and April, 1985 as well as vartous dates
between 1080 and 1092,
10. Defendant Cumberland-Perry Association of Retarded CItizens (hereinafter known
as CPARC) Is the care provider which operated the group homes In which tha Plaintiff Dennis
Kennedy resided during the times In which the tortious acts took place,
11, Defendant Carol Flrenz Is the former Director of Resldenllal Services for CPARC at
the lime when at least one of the torllous acts egalnst the Plaintiff Dennis Kennedy took place,
12, Defendant Capelllne Plvomlc Is a former employee of CPARC who had
management andlor supervisory responsibility for employees of CPARC and for the
management of at least one of the group homes andl or programs In which the tortious acts
against Plaintiff Dennis Kennedy took place.
13. Defendant Peggy White Is a former employee and staff member of CPARC who
was responsible for the care, protection and nurturing of Plalnllff Dennis Kennedy during the time
perlod when atleeS1 one of the tortious acts against Plalnllff Dennis Kennedy took place.
14, Detendant Paul Stengel Is a former employee of CPARC who was responsible for
the operallons and services of CPARC In at least one of the group homes, and durlng the lime
perlod, In which at least one of the tortious acts against the Plaintiff Dennis kennedy took piece .
14, At about pre-school Dennis was thought to have some type of brain damage,
18, Dennis was denied partlclpallon In Head Start and attended the Capitol Area
Intermedlale Unll unlllthe Summer of 1080.
17, In the fall of 1080 Dennis was admitted to his first group home In New Cumberland,
Pennsylvania which was operaled by the Cumberland Perry Assoclallon of Retarded Clllzens.
18, Plalnllff Dennis Kennedy's admission to his first group home, which was managed
by Defendant CPARC was arranged by his parenls David and Helen M. Kennedy.
10, Plalnllff Dennis Kennedy's biological father Is deceased.
20. Plalnllff's mother Is now known as Helen M, Cox, Plalnllff In the Instant case.
21, Somellme during his stay at the first group home, which was known as the
'Children's Home" by CPARC staff, Dennis Kennedy was molested and possibly sexually
assaulled by a female staff member by the name of Peggy White.
22. The Incident occurred when Dennis went one day to take a shower and was esked
by Ms. While If he needed help.
23, Dennis, who had grown up on a farm taking care of his dally cere, did not need help
with bathing,
24, Defendant Peggy While knew or should have known that Dennis Kennedy did not
need help with balhlng,
25. Dennis has been diagnosed as mildly 10 moderately retarded by competent medical
authority.
26. When Dennis agreed to be helped In bathing Ms. While began to assist him,
27. ACCOndlng to the Plalnllff Dennis Kennedy, at some point during the bathing, Ms,
White made a move that was clearty sexual In nature and which Included tOUChing or fondling,
28. Before the Incident was over Dennis and Ms. While ended up In bed togelher and II
can be proved at trial that acts of a sexuel nature occurred which may have Included orel sex
and Intercourse..
20, Apparently the Incident became known to olhers In the group home and at CPARC
because of remar1ls mede among the staff,
30, Dennis was unable to express his embarrasment or pursue his legal rights due to his
retardallon.
31. Plaintiff Helen M, Cox, formerly Helen Kennedy, Dellnls' mother, was never told of
the Incident and did notleam of II until told by Dennis on Thanksglvllng weekend, 1002,
32. In December, 1981, Dennis was moved to ~Is first "adull' group home, Dennis
remained at this group home unllll 085.
33. Shortly after his move Into Ihe second group home, Dennis began to exhibit
Innaproprlate advances toward female staff, noncompliance and rebellion against group home
staff, and other precocious Inappropriate behavior.
34, Dennis apparenlly witnessed a male staff member molesting a female resident
(Consumer) while living at this second group home prior to March, 1083,
35. The male staff member In the Incident at the second group home was Immediately
discharged but again Dennis' mother, Helen Kennedy(Cox) wes not told of the Incident. The
name of the staff member was Jeffrey Delkmann,
36. Dennis' first hospllallzatlon occurred from November 12-22, 1082, This was a
pSYChiatric hospitalization due to Dennis' aggressive and Inappropriate behavior In the group
home.
37. In June, 1983 Dennis lost his job at the Red Lobster where he was employed as a
bus-boy. There Is some Indication thatlnapproprlate "talking to girls' may have been partially
responsible for the discharge and perhaps Ineppropriate behavior by Dennis as well.
38. There Is no evidence Ihat CPARC ever speclflcly addressed the above sexual
Incidents directly with Dennis other than to tell him not to talk about them.
30, No apology has ever been made by CPARC to Dennis or to his mother, Plaintiff
Helen Cox for the above sexual Incidents which were caused by CPARC's Inablllly to property
screen, train, supervise endlor discipline lis employees,
40. Dennis was moved to a third group home In Lemoyne on April 19, 1085 where he
lived until October, 1080.
41. This was the most stable period of Dennis' experience with CPARC. Dennis was
hospllallzed ONLY ONCE during this period for two or three days.
42. While at this group home, CPARC staff were told by Capelllne Plvomlc that no one
was to discuss sex wtth Dennis Kennedy because he had had sex with a staff member.
43, Dennis was abruptly moved to another Group home In Camp Hili on October 9,
1080, Dennis' mother was not given a reason for this move nor do the records Indicate why this
move occurred,
44. While at the third group home, Dennis experienced a male staff member who came
to wor1l cross-dressed, Dennis was hospitalized again for psychiatriC reasons from March 14,
1090 until April 16, 1990. After this hospllnllzatlon, Dennis requested not to retum to this group
home.
45, On May 20, 1000 Dennis was moved to a group home In Mechanlcsburg where he
remained untIl February, 1002.
46. In 1001 Dennis lost a girl frlend and two Job placements,
47. While at the Mechanlcsburg group home, Dennis was forced to talk about emerging
sexuality Issues with female stgff because there were no male staff available, Later, when male
staff was evallable, Dennis was told not to talk to female staff about sexual Issues,
48. While at the Mechanlcsburg group home, Dennis was hospitalized several times for
slgnlflgant episodes of aggression,
40. On April 3, 1002 Dennis was trensferred to Harrisburg State Hospital fro", which he
was transferred to Sellnsgrove Center on September 8, 1002, where he currently resides.
50, On Thanksgiving weekend, 1002, while on a visit to his mother's home, Dennis was
able 10 express end tell of the Incident with peggy White at the first group home for the first lime.
51. Plalnllffs plead special end compens~tory damages In the approximate amount of
$318,38.00 as follows:
Past Medical Expenses
Future Medical Expenses
Mental Anguish
Total
$ 171,028,00
$ 81,382,00
$ 40,000.00
$ 318,308,00
COUNT I
CPARC GROSS NEGLIGENCE AND NEGLIGENCE
52. Paragraphs 1. to 51 are Incorporated hereto by reference.
53. CPARC hed a duty of care to the Plalnllffs.
54. CPARC violated lis duty of care to Plelnllff Dennis Kennedy through lis employee
Peggy White and through other employees who moved the Plalnllff Dennes kennedy from
residence to residence on at least one occasion without regard to his well being and without
regard to his stability.
55, The result of such moving around conslltuted negligence.
56. The negligent moving from residence to residence of the Plalnllff Dennis Kennedy
by the Defendant CPARC Injured the Plaintiff and Inflicted emotlonel distress on Dennis
Kennedy.
57. CPARC enjoys a Master-Servant relationship with Its employees which subjects
CPARC to liability for the tortious conduct of Its employees.
58, CPARC breached Its duty of care to the Plaintiffs through lis employees and
servants who were grossly negligent and/or negligent toward the Plalnllff Dennis Kennedy.
50. CPARC breached lis duty of care through employee Peggy While who engaged In
tortious conduct wth Plalnllff Dennis Kennedy by engaging In sexual relations endlor sexually
oriented touching which consllluted molesllng andlor sexual assault of the Plalnllff Dennis
Kennedy,
60. CPARC knew or should have known of the tortious conduct of Its servant Peggy
White because knowledge of said conduct became known to certain other CPARC employees
61. Upon leamlng of the tonous conduct of lis employe a Peggy While, CPARC had a
duty to old Plaintiff Dennis Kennedy who wes harmed by CPARC through Its employee Peggy
While to overcome the harm caused by Peggy White Ihrough apologies to the Plaintiffs, ,peclflc
counselling regarding the tortious conduct and by other demonstrations.
62. CPARC breach Its duty of care to come to the aid of Plaintiff Dennis Kennedy after
he was harmed by CPARC through the torious acts of Its employee Peggy White,
63. Plalnllff Dennis Kennedy was Injured es a proximate cause of CPARC's failure to
come to his aid aftar he had been harmed by the tortious conduct of employee Peggy White.
64. Although Plalnlllf Dennis Kennedy was given psychiatric treatment for his
aggressive behavior et the second and most of the subsequent group homes, he wes never
given counselling nor treatment which was targeted to the sexual molestetlon he had received
from Defendant Peggy White, because said molestallon was never officially acknowledged.
65. Said failure of CPARC to speclflcly address the molestation of Dennis Kennedy
constituted negligence endlor gross negll;Jence.
66. The Plalnllff Dennis Kennedy was Injured es a proximate cause of the gross
negligence end negligence of the Defendants.
67. Plalnllff suffered special and compensatory damages as listed In peragreph _
above,
68. Defendant CPARC should be essessed punitive damages for the wanton and wllfull
conduct of Its servant(s) end employee(s), and for lis deliberate cover-up of the Incidents
Involving employees Peggy White and Jeffrey Delkman.
COUNT II
GROSS NEGLIGENCE AND NEGLIGENCE OF CAROL FIRENZ
"10. Paragraphs 1 to 68 are Incorporated hereto by reference.
70. Carol Flrenz was Director of Resldenllal Services for CPARC while Dennis
Kennedy was at the "Chlldrens" Group Home and possibly while Dennis was at the Second
Group home.
71. Carol Flrenz hed a duty to Instllute endlor enforce enforce discipline and or
disciplinary measures against staff members who engaged In sexual relallons with consumers
and to bring such Incidents to the allenllon of persons who were known to be In a poslllon to seek
legel redress and enforce claims on behalf of resldents(consumers). Ms. Flrenz wes also In the
poslllon to bring Incidents which might have broken the law to the allenllon of law enforcement
authorilles.
72, That Ms. Flrenz breached this duty was Indicated by the fact that Plalnllff Helen
Kennedy (Cox) was never Informed In a timely manner of the Incident.
73, That Ms. Flrenz breached this duty Is Indicated by a comment she made to Plalnllff
Helen Kennedy(Cox) that 'Things were different back then".
74, Ms. Flrenz told Helen Kennedy(Cox) when Ms, Kennedy had only an ambiguous
report of a 'bathtub Incident' that a record would be made of It for fu1ure use; whereas CPARC
Director James Gurrerlls now publicly denying any knowledge of any Incident.
75, Plalnllffs were Injured by the Negligence and Gross Negligence of Ms. Flrenz In that
the cover-up enforced by Ms. Flrenz prevented Plaintiff Dennis Kennedy from asserting his legal
rights against the Defendant(s) Plalnllff Helen Kennedy (Cox) from asserting the legal claims of
her son. Plalnllff Dennis Kennedy was also Injured by Defendant Carol Flrenz because due to
the non-event, unacknowledged !;latus of the sexual molestallon by Peggy White and pertlaps
others, Dennis was never speclflcly counselled nor treated for harm caused by the molestation.
76. Defendant Carol Flrenz negligence and/or gross negligence was the proximate
cause of the Plaintiffs Injuries,
77. Plalnllff Dennis Kennedy suffered damages as listed ebove In paragraph _ due
to the negligence of this Defendant. Plalnllff Dennis Kennedy suffered damages for the
misdirected treatment which was unresponsive to the harm which had been done to him and
which could have been mlllgated by this Defendant's open and outrtght treatment of the
sltuallon.
78. Plelnllffs Incorporate tM paragraphs which follow Into the complaint against CPARC
to the extent that they apply to the tortious conduct of CPARC's employees end subjects CPARC
to liability.
70, Plalnllffs should be awarded Punlllve Damages If facts reveal that Ms, Flrenz
willfully and wantonly breached her duty of care to Inform Plalnllff Helen Cox of Dennis' Incidents
or to Inform law enforcement authorllles.
COUNT III
GROSS NEGLIGENCE AND NEGLIGENCE OF CAPELLlNE PIVORNIC
80. Paragraphs 1 to 70 are Incorprated herein by reference.
81, Capelllne Plvomlc had a duty of care toward Plalnlllfs.
82. Defendant Capelllne Plvomlc breached her duty of care by Instructing staff
members not to discuss sex with Dennis because he had had sex with a staff member and then
further breaching her duties to fall to Inform Helen Kennedy (Cox) of the Incldent(s) which might
have given rise to a claim or e cause of action by Dennis Kennedy which he was unable, due to
his mental underdevelopment to pursue.
83. This breach of Ms. Plvomlc's duty of care was an act of gross negligence which
resulted In Injury to the Plaintiffs because It prevented them from promptly filing claims or
seeking redress from the tortious conduct of CPARC and other tortfeasors.
84, As e resull of the Injuries to the Plalnllffs, Plalnllffs suffered damages es described
In paragraph _ ebove.
85. Defendant Plvomlc should also be liable for punlllve damages for the wanton and
willful cover-up of the acts of the other Defendants,
COUNT IV
GROSS NEGLIGENCE AND NEGLIGENCE OF PEGGY WHITE
66. Paragraphs lto _ are Incorporated hereto by reference,
87. Peggy White had a duty of care to handle contacts with consumer Dennis Kennedy
In a professional manner without the occurence of sexu61 contact or fondling.
88, Peggy While breached that duly of care by Initiating unnecessary physical contact
with Plaintiff Dennis Kennedy and then by overt sexual acts.
80. Due to his mental retardation and I.a., Dennis Kennedy wes Incapable of giving
consent to the sexual contact Inlllated by Defendant Peggy While.
00. This violation of Defendant Peggy While's duty of care was the proximate cause of
InuJurles to Plaintiff Dannls Kennedy Including embarrasment, disruption of his understendlng of
proper relationships between consumers and staff members, frustration and aggression when
social contact with Defendant Peggy While was not continued at the second and subsequent
group homes, psychological herm as manifested by agresslon toward staff end property,
Inapproprlate sexual advar.ces toward female staff and noncompliance and rebellion against
group home staff.
91. Plaintiff Dennis Kennedy's aggressive aberrant behavior resulled In his
hospitAlization from November 12to November 22,1982 for Inpatient psychlatrlc treatment
02. This sexual contact Injured the Plaintiff Dennis Kennedy by violating his right to be
free from such Indecent unprofessional contacts by exposing his chlld.llke mental development
to actlvllles for which he did not heve the maturity, thus causing the Inapprorle1e precocious acts
which disrupted his mental development for many years,
03, The above Injury to the Plaintiff Dennis Kennedy resulted In damages listed In
paregraph _ .
0.4. Defendant Peggy While should also be found liable for Punitive Demages for gross
negligence arising from wanton and willful disregard of the Plalnllff Dennis Kennedy's civil and
statu10ry rights and from the abandonment of her duly of cere.
COUNT V '
GROSS NEGLIGENCE AND NEGLIGENCE OF PAUL STENGEL
05. Paragraphs 1 to 94 are Incorporated by reference.
06 Paul Stengel had a duly of care to the Plalnllffs.
97. Paul Stengel breached that duty of care.
98. As a proxlmete ceuse of that breach of Mr. Stengel's duty of care, Plaintiffs
suffered InJurles.
00, As a direct result of theJ'lluries suffered by the Plalnllffs, Plalnllffs Incurred
damages as set forth In paragreph n.
100, Defendant Stengel should be liable for Punitive Damages as a result of covering-
up the tortious acts of the other Defendants.
SUMMARY
. .
101. Paregraphs lto 100 are Incorporated by reference.
101. It Is alleged that Peggy Wh~e was grossly negligent, wll:ful and wanton In her
Inapproprtate behavior towards Dennis Kennedy and In her failure to take approprtate corrective
action at the first group home,
102. Ills alleged that Capelllne Plvomlc was grossly negligent In failing to take
corrective action or for teklng Inapproprtate action following lmy of the tortious actions which took
place under her jurIsdiction or management and which ere related to this complaint.
103. It Is alleged that Carol Flranz was groSSly negligent In failing to take corrective
action or for taking Inapproprlate action following any of the tortious actions which took placo
under her Jurisdiction or management and wl1lch are related to this complaint.
10.4. It Is all8Qed that Paul Stengel was grossly negligent In failing to teke corrective
action or for taking Inapproprtale action following any of the tortious actions which took place
under his jurIsdiction or management and which are related to this complaint.
105. 1\ Is alleged that Cumberland-Perry Assoclallon of Retarded clllzens was groSSly
negligent and negligent for any and all of the tortious acts which took place related to this
complaint and for taking Inappropriate action or for failing to take appropriete action to correct
the effects cf same,
106 All of the Defendants named In this complaint had a duty of care to the Plaintiffs,
107, All of the Defendants named In this complaint allegedly breached that duly to cere
toward the Plaintiffs.
108. As a result of that breach of duty towards the Plalnllffs, the Plaintiffs were Injured,
perhaps Irreparably.
100, Plaintiff Helen M. Cox Is named as e Plaintiff because she must stand and assert
the claims of her son who Is unable to brlng this suit himself.
110. Plaintiffs seek all appllcalble damages and restllullon provided by law.
111. Plaintiffs speclflcly plead a demand for punitive damages based 0,\ the gross
negligence and wanton, wilful conduct of the tortfeasors and their superiors.
r~~~81f~~~bC!~ed,IIOAl~"L
~1~~gSOn ~_v"
Allomey for Plalnllffs
MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM
Under tha style of the above, Plelnllffs respectfully request that Helen M. Kennedy,
mother of Dennis Kennedy, be named Guardian ad lIIem for this action. In support of this motion
Plalnllffs state that Dennis Kennedy has been found by expert medical authorily to be mentelly
retarded In the mild to moderate ranga and Is In fact unable legally or practically to manage the
course of this IIl1gatlon, Therefore, Plalnllffs move that Helen Kennedy be appointed Guardian
ad lIIem with authortly to conduct compromise and sellle all matters with respect to this cause or
any related cause of action,
LI">
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PRAECIPE FOR REINSTATING COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please reinstate the following Complaint:
v,
: IN THE COURT OF COMMON PLEAS OF THE
: NINTH JUDICIAL DISTRICT OF PENNSYLVANIA-
: CUMBERLAND COUNTY BRANCH
:NO, 94.6706
: CIVIL ACTION-LAW
DENNIS KENNEDY,
HELEN M, COX,
Plaintiffs
CUMBERLAND-PERRY ASSOCIA-
TION OF RETARDED CITIZENS,
CAROL FIRENZ, CAPELLINE PIVOR-
NIC, DEPARTMENT OF PUBLIC
WELFARE, PEGGY WHITE,
PAUL STENGEL,
Defendants
1. Please notify the Sherrlf of Cumberland County of Ihls praecipe and the Sheriff will
endeavor to serve parlles which have not been served.
2. Counsel for parties which have been served by orlglnal process shall be served wllhln
two days by being mailed a copy of this Praecipe by United States First Class Mall, postage
prepaid.
.. ,~. Counsel for all the Defendants, except the Commonweallh of Pennsylvania
Department of Public Welfare, Is WIlliam A. Addams, Atlomey At Law, Fowler, Addams,
Shughart & Rundle, P. O. Box 206, Carlisle, PA 17013-0206.
4. Counsel for Defendant Commonweallh of Pennsylvania Department of Public
Welfare Is Jay W. Stark, Esquire, Deputy Allomey General, Torls Llllgallon Section, 15th Floor,
Stl'llWberry Square, Harrisburg, PA 17120.
Dated: 1L1~ 0 i I 1?9 5
file- v-r~
By: iJJ.~ c ~r
William C. Hodgson
Allomey for Plalnllffs
/ft,OC) G-dfV'< tL KI.- i- (J
ly-ruV' DII.r6y VA t1tJ42..- ~4~4
PRAECIPE FOR LISTI:-lG CASE FOR ARGl:~IENT
1~(U51 be rypewrinen .lJ1d submitted in dupllc:lle I
TO THE PROTHONOT.~RY, OF Ct:~IBERL.\."D COCNTY:
Pleue lisl the within matter lor :he next:
I '
P:e.Trlai ..v~ument (Jurt
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Aqumenl Court
----------------------------------------------------------------------
CAPTION OF C.-\SE
(entlro caplion mUSI be slated In fuU)
DENNIS KENNEDY
HELEN COX
C._
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C,.)
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vs. ~
CUMBERLAND-PERRY ASSOCIATION OF RETARDED CITIZENS, JAMES GURRERI, CAROL FIRENZ,
SHIRLEY KNOX, VICKI DELILLIS AND CAPELLINE PIVORNIC, DEPARTMENT OF PUBLIC
WELFARE, PEGGY (MARGARITE) WHITE, PAUL STENGEL, JOYCE CROFT, THOMAS FINK,
DAVID SIPHER, ED TIMBRELL, JEFFREY DEKEMAN/DYKEMANtHECKMAN and ED STEMMF.,
(Deiendant)
(Plainuii)
VS.
Sa. Ql._n 7011
Civil
t9~
1.
State mailer to be argued (I. e.. plainwTs motton lor new mal.
defendant's demurrer to .omplaint, etc.):
,Defendant's Demurrer to Complaint
Identify counsel who will u~e .:IIe:
1
(a) for plainIU'f: William C. Hodgson
Address: 229 Walnut Street, Newport, PA t7074
(b) ior deiendanl:James R. Moyles
Address: Office of Attorney General
fi~?~i~t~~r, ~~rfW~26ry Square
I will notify :ill plll'oes In 'wnlln~ w,ffiln ~"~O days lliat :lus .:IIe hu been
Umd ior u~ument, ~
3.
4.
Argument Gourt Date: March 8,
Gall of Argument List Date:
199~
,
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apartment 0 Public Welfare
Dated: January 30, 1995
.
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Defendants
COX, I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PBNNSYLVANIA
DENNIS KENNEDY and HBLEN M.
Plaintiffs
v.
CIVIL ACTION - LAW
CUMBERLAND-PERRY ASSOCIATION OF
RETARDED CITIZENS, JAMES
GURRERI, CAROL FIRBNZ, SHIRLEY
KNOX, VICKI DELILLIS and
CAPELLINE PIVORNIC,
'.~'. }
. '
,J
NO. 94-6706
PRAECIPE FOR RULE TO PILE COMPLAINT
..
"')
please issue a Rule upon plaintiff, Dennis Kennedy and Helen
M. Cox to file a Complaint against the Defendant, Department of
Public Welfare, within twenty (20) days from the date of service
of Rule or suffer entry of judgment non pros.
Respectfully submitted,
ERij,;rT D. PREATE, JR.
A~t rney General
I '
/e._......A .'
ames R. Moyles ID 30135
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
7l7-7B3-1bB3
~
AND NOW, this i ''!:: day of A ()m...L_
hereby entered, as above,
, 1994, a Rule is
It'l,' ~ 0 /}Ld{,-, Wi J"'f
Pro h notary ,.
~
CBRTIFICATB OF SBRVICB
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
WILLIAM C. HODGSON, ESQUIRE
229 WALNUT STREET
NEWPORT, PA 17074
(Attorney for Plaintiffs)
By:
fj~
es R. Moyles IDt30135
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
DATED: December 7, 1994
.
DENNIS KENNEDY and HELEN M. COX,:
,
Plaintiffs I
I
v. I
:
CUMBERLAND-PERRY ASSOCIATION OF :
RETARDBD CITIZENS, JAMES :
GURRERI, CAROL FIRENZ, SHIRLEY I
KNOX, VICKI DELILLIS and I
CAPELLINE PIVORNIC, DEPARTMENT :
OF PUBLIC WELFARE, PEGGY (MARGE):
RITB) WHITE, PAUL STENGBL, JOYCE I
CROFT, THOMAS FINK, DAVID I
SIPHER, ED TIMBRELL, JEFFREY I
DEKEMAN/DYKBMAN/HECKMAN and I
BD STBMMB, I
I
Defendants I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-6706
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant,
Department of Public Welfare, in the above-captioned action.
Respectfully submitted,
E~ST D. PREATE, JR.
At~rney General
'I .
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
c.. J.I L-------'
James R. Moyles ID.30135
Senior Deputy Attorney General
DENNIS KENNEDY and
HELEN KENNEDY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
plaintiffs
v.
NO. 94-94-6706
CUMBERLAND-PERRY ASSOCIATION
OF RETARDED CITIZENS, et al,
Defendants
PRAECIPE
Sir:
Please enter our appearance for Defendants cumberland-Perry
Association of Retarded citizens, James Gurreri, Carol Firenz,
Shirley Knox, Vicki Delillis, Capelline pivornic, Peggy White,
Paul Stengel, Joyce Croft, David sipher, Ed Timbrell, Jeffrey
Dekeman/Dykeman/Heckman and Ed Stemme.
FOWLER, ADDAMS, SHUGHART & RUNDLE
BY:~
W Am A. Addams
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
TO: Lawrence E. Welker, Prothonotary
DATE: February 1, 1995
Sr \'" -. \ 11,'
UI .. J
DENNIS KENNEDY,
HELEN M. Cox,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No, 04-6706
: CIVIL ACTION.LAW
v,
CUMBERLAND-PERRY ASSOCIA-
TION OF RETARDED CITIZENS,
et aI.,
Defendants
PRAECIPE
TO: Prothonotary
At Plalnlffs' request, please withdraw the appearance of WIlliam C. Hodgson,
Esqulns, as attomey for the Plalnllffs, Dennis Kennedy and Helen M. Cox, and enter my
appearance as attomey for the Plalnllffs In the above captioned malter.
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Scott M. Staller, Esqulns
P.O. Box 264
New BlQ4mfteld, PA 17068
(717) 582-7574
0~C.
William C. Hodgson, ulre
1600 Garrett ROed, K-15
Upper Darby, PA 10062-4464
(610) 25l1-i264
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cc: WIIIliiin C. Hodgson, esquire
Mrs. ttPlen M. Cox
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DENNIS KENNEDY,
HELEN M. Cox,
Plalnllffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 04-6706
: CIVIL ACTION.LAW
v.
CUMBERLAND-PERRY ASSOCIA-
TION OF RETARDED CITIZENS,
etel.,
Defendanls
PRAECIPE
TO: Prolhonotary
At Plalnlffs' request, please withdrew the appearance of WIlliam C. Hodgson,
esquire, es altomey for the Plaintiffs, Dennis Kennedy and Helen M. Cox, and enler my
appearance as allomey for lhe Plalnllffs In the above caplloned mailer.
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ScoI\ M. Staller, esquire
P.O. Box 264
New Bloomfield, PA 17068
(717) 582-7574
w~c- ~Y'
WIlliam C. Hodgson, Esqul
1600 Garrell Road, K-15
Upper Derby, PA 10082-4464
(610) 250-4284
cc: William C. Hodgson, esquire
Mrs. Helen M. Cox
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PRAECIPE FOR LISTI:-IG CASE FOR .-\RGU:'<IENT
(:'tIUSl be typewri~:en 3I1d submitted In duplic:lle I
TO TIlE PROTHONOTARY, OF Ct:~IBERL..\.'iD COl::'ITY:
pte:ue !lsllhr within mBUel for :hr nr:u:
o P:r-Trl:li ..ugumenl CJUrI
(]] ..ugumenl COUrI
----------------------------------------------------------------
. CAP110N OF CASE
(.nllre capllon mUll be Slalrd in full)
DENNIS KENNEDY and
HELEN KENNEDY,
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OF RETARDED CITIZINS, et a1.
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So.
6706
Ch'i!
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1. SIBle mallU 10 be ugurd (I. r., pl3inlifrl mollon ior nrw lrilll.
drfrncWIl's delOurrrr 10 ~ompWnI, elc.): Defendants' Pre 1 iminary Objections
to Amended 00mp1aint
2.
Idrnllfy counsrl wllo wW argur ~:ue:
(a) for plainIU'i: l~il1iam C. Hodgson, Esq.
Address: 101 North Five Points Road, E-5, West Chester, PA 19380
(b) for deiend:ull: William A. Addams
Address I 28 South pitt Street, Carlisle, PA 17013
Jay l~. ~l:i;1rk" SEnior J?eputy Attorney General
I wW notify aiPillitihlfA1iih'lihl'\Gl~1lRIi~91L~~?\ills F:ls9'R!itbeltnrawberry Square,
lUlrd for argument. _ Harrisburg, PA 17120
J.
4.
Argument Court Date: ~~,y 31, 1995
Call of Argument List Da~__
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I.Allornry ior ,fendant CPI\RC, et al.
Dmd: April 3, 1995
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ADDRESS LIST IN THE MA'l'l'ER OF DENNIS KENNEDY, Ell'. AL. VERSUS
CUMBERLAND PERRY ASSOCIATION OF REl'ARDED CITIZENS [CPARC], Ell'.
AL.
NOVEMBER 23, 1994
'lU THE SlIERRIF OF CUMBERIlIND OOUNl'Y
FRCM WILLIAM C. HODGSON, ESQ., TEL.: 717-567-9171 PLEASE LEAVE MOO
1. aJMBERLANl)-PERRY ASSOCIATION OF REn'ARDED CITIZENS[CPARC]
117 North Hanover Stre<:>t
Carlisle, PA 17013
2. PuJ9Y [Margarite] White
3. James Gurreri
CPARC
117 North Hanover Street
Carlisle, PA 17013
4. Paul Stengel
address unknown at this tiJre
5. Carol Firenz
CPARC
117 North Hanover Street
Carlisle, PA 17013
6. Shirley Knox
CPARC
117 N. Hanover St.
Carlisle, PA 17013
7. Vicki O<.:llillis
CPARC
117 N. Hanover St.
Carlisle, PA 17013
8. Joyce Croft
address unknown
!/. Capelline pivornic
CPARC
117 N. Hanover St.
Carlisle, PA 17013
10, Fink, 'Itlomas
addr!:lSS unknown at this ~
11. David SiprnrjSyph!:lr
address unknown at this ~
12, W. Tlmbrell
addr!:lSS unknown at this tint.
13. Jeffrey !)ekeman/Dylt<=rnan
address unknown s
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Commonwealth of Pennsylvania
County of Cumberland
Dennis Kennedy
Helen M. Cox
v.
CumberlHnd-Perry Association of
Retarded citizens, James Gurreri,
CHrol Firenz. Shirley Knox, Vicki
Delillis and CHpelline pivornic
117 N. HHnover st.
CHrlisle PA 17013
Department of Public Welfare
305 Health & Welfare Bldg.
HHrrisburg PA 17105-2675
Peggy (Marga Rite) White
Paul Stengel
Joyce Croft
Thomas Fink
David Sipher
Ed Timbrell
Jeffrey DekemHn/Dykeman/Heckman
Ed Stemme
Court 01 Conunoll Pleas
94-6706 civil
\9____
No,
-------------------------------------
Civil Action - Law
In _____________________________________________
To _f.l;!!.1!.l:!~.EJ..~[I.!!:R!!F.IY--!<-~!ll.2.9J.'!H9..I}--12f Retarded Citizen et al
You are hereby notified that
Dennis Kennedy and Helen M. Cox
.------------------------------------------------.------------------------------------------------
the ptainrillS h;t1e commenced an action in ______~.!:I.!1.!I!l.2.~!!._:__s.!Y..!~__~_c:.~!:.c.?!l__::__!>_~'!I________n
agailllt you which you are required to delend or a dclau\t judgment may be entered against you.
(SEAL)
Dale
November 23,
94
\9____
Lawrence E. Welker
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