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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. q6 - 1tc3 Cu4 ~~
JOSHUA J. SHEIBLEY, a minor,
by and through his mother and
natural guardian, CHERYL M. KING :
Plaintiff
.
.
v.
: CIVIL ACTION - LAW
:
TEDDY LEE SHEIBLEY, I a/k/a TED
L. SHEIBLEY a/k/a TEDDY FARLING, :
Defendant
.
.
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the Court without you further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Fourth Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
.I.
obert B. MacIntyre, Esq.
5201 Jonestown Road
P.O. Box 6656
Harrisburg, PA 17112
Attorney's I.D. #36847
-
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JOSHUA J. SHIIBLIY, a minor,
by and through hi. mother and
natural guardian, CHERYL M. KING
plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
v.
: CIVIL ACTION - LAW
TIDDY LII SHIIBLIY, I a/k/a TED
L. SHIIBLIY a/k/a TEDDY FARLING,
Defendant
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff JOSHUA J. SHEIBLEY is a minor who resides with
hili mother and natural guardian, CHERYL M. KING, in Cumberland
County, Pennsylvania.
2, Defend&nt TEDDY LEE SHEIBLEY, I, a/k/a TED L. SHEIBLEY
~/k/d TEDDY FARLING, is an adult individual who presently resides
at 5) Meadowbrook Court, New Cumberland, York County, Pennsylvania
17070.
). Defendant TEDDY LEE SHEIBLEY, I, (hereinafter referred to
as Dofendant) is the maternal grandfather of the minor child,
.JOSHUA J. SHEIBLEY.
". The events hereinafter complained of took place on or
about October 28, 1995 at the Defendant's residence.
5. On the aforementioned date, Plaintiff JOSHUA J. SHEIBLEY
went to the Defendant's residence at 53 Meadowbrook COU1:"t, New
Cumberland, Pennsylvania, to visit and play with a cousin.
6. Defendant was present at the above residence when
Plaintiff JOSHUA J. SHEIBLEY arrived.
7. Following Plaintiff I s return home, Plaintiff's father
noticed that Plaintiff's rectum was very red and a vaseline-type
residue was present around the anus.
8. Plaintiff JOSHUA J. SHEIBLEY was transported to the
Emergency Room at Holy Spirit Hospital for examination and
treatment.
9. Plaintiff was examined by Dr. Salvatore Alfano who
determined that the child was sexually abused.
10. Defendant sexually assaulted Plaintiff JOSHUA J. SHEIBLEY
on or about october 28, 1995.
COUNT ONE: ASSAULT
11. Paragraphs One (1) through Ten (10) are incorporated
herein by reference as if set forth in their entireties.
12. Defendant committed an assault upon Plaintiff in that he
intentionally acted in such a manner as to cause a harmful or
offensive contact with Plaintiff JOSHUA J. SHEIBLEY, thereby
placing Plaintiff in fear or subject to imminent apprehension by:
a. intentionally placing a vaseline-type substance in
and around Plaintiff's anus;
b. performing sexual acts upon Plaintiff, a two year
old child; and
c. intentionally restraining Plaintiff immediately
prior to, during and after the sexual assault.
13. As a result of the aforementioned intentional acts of
Defendant, Plaintiff JOSHUA J. SHEIBLEY has undergone extensive
rectal examinations and testing, received and suffered physical,
psychiatric and emotional injuries, some or all of which may be
permanent in nature and have caused and shall continue to cause
pain, suffering and emotional distress for an indefinite period of
time in the future.
WHEREFORE, Plaintiff JOSHUA J. SHEIBLEY, by and through his
mother and natural guardian, CHERYL M. KING, demands judgment
against TEDDY LEE SHEIBLEY, I, a/k/a TED L. SHEIBLEY a/k/a TEDDY
FARLING, Defendant, for a sum in excess of Twenty-Five Thousand
Dollars ($25,000.00) for compensatory and punitive damages.
COUNT TWO: BATTERY
14. Paragraphs One (1) through Thirteen (13) are incorporated
herein by reference as if set forth in their entireties,
15. Defendant committed a battery upon Plaintiff in that he
intentionally acted in such a way as to cause a harmful or
offensive contact with Plaintiff JOSHUA J. SHEIBLEY by:
a. intentionally placing a vaseline-type substance in
and around Plaintiff's anus;
b. performing sexual acts upon Plaintiff, a two year
old child; and
c. intentionally restraining Plaintiff immediately
prior to, during and after the sexual assault.
16. As a result of the aforementioned acts of Defendant,
Plaintiff JOSHUA J. SHEIBLEY has undergone extensive rectal
examinations and testing, received and suffered physical,
psychiatric and emotional injuries, some or all of which may be
permanent in nature and have caused and shall continue to cause
pain, suffering and emotional distress for an indefinite period of
time in the future.
WHEREFORE, Plaintiff JOSHUA J. SHEIBLEY, by and through his
mother and natural guardian CHERYL M. KING, demands judgment
against TEDDY LEE SHEIBLEY, I, a/k/a TED L. SHEIBLEY a/k/a TEDDY
FARLING, Defendant, for a sum in excess of Twenty-Five Thousand
Dollars ($25,000.00) for compensatory and punitive damages.
COUNT THREE: INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
17. Paragraphs One (1) through Sixteen (16) are incorporated
herein by reference as if set forth in their entireties.
18. Defendant intentionally inflicted
emotional distress
UpOll Plaintiff in that he intentionally acted in an extreme and
outrageous manner by:
a. intentionally placing a vaseline-type substance in
and around Plaintiff's anus;
b. performing sexual acts upon Plaintiff, a two year
old child; and
c. intentionally restraining Plaintiff immediately
prior to, during and after the sexual assault.
19. As a result of the aforementioned acts of Defendant,
Plaintiff JOSHUA J. SHEIBLEY has undergone extensive rectal
examinations and testing, received and suffered physical,
psychiatric and emotional injuries, some or all of which may be
permanent in nature and have caused and shall continue to cause
pain, suffering and emotional distress for an indefinite period of
time in the future.
WHEREFORE, Plaintiff JOSHUA J. SHEIBLEY, by and through his
mother and natural guardian CHERYL M. KING, demands judgment
against TEDDY LEE SHEIBLEY, I, a/k/a TED L. SHEIBLEY a/k/a TEDDY
FARLING, Defendant, for a sum in excess of Twenty-Five Thousand
Dollars ($25,000.00) for compensatory and punitive damages.
COUNT FOUR: NEGLIGENCE
20. Paragraphs One (1) through Nineteen (19) are incorporated
herein by reference as if set forth in their entireties.
21. Defendant is guilty of negligence, gross negligence, and
willful, wanton, and reckless misconduct in that he:
a. intentionally placing a vaseline-type substance in
and around Plaintiff's anus;
b. performing sexual acts upon Plaintiff, a two year
old child;
c. intentionally restraining Plaintiff immediately
prior to, during and after the sexual assault; and
VERIFICATION
I vtrify that tht statement" ma,k in the fOftgoing
document life tru!: 011\1) e\lrree't tn tht: bl'~t or my knolOiledgt:,
infofmatlon /lnll beli!:r.
I under"tanl) that tht' statements therein
are made suhj!:ct to the penalties of 18 Pu. C.S. Section 490.j.
feinting to unsIOiorn falsificatioll Il. Iiuthoritlts.
C tu~f YlL JILl)
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO, 1t,.- ,(1", '6 {; "il{TcJ~~l
CIVIL ACTION . LAW
JOSHUA 1. SHEIBLEY, a minor
by and through his mother and
natural guardian, CHERYL M, KING
Plaintiff
TEDDY LEE SHEIBLEY, I alkla TED
L. SHEIBLEY alk/a TEDDY FARLING,
Defendant
NOTICE TO PLEAD
You are hereby notified to file a written response in the enclosed Preliminary
Objection within twenty (20) days from service hereof or 11 judgement may be entered against
you.
Respectfully Submitted
I
t i I c"
/ _. .J' _ ':. _ !
(tI.\l.ii- "'.{("'<"
Austin F, Grogafi; Esquire
24 North 32nd SU'~tf
Camp Hill, PA 17011
717.737.1956
Attorney ID #59020
Attorney lor Defendant
JOSHUA J. SHEIBLEY, a minor
by and through his mother and
natural guardian, CHERYL M, KING
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v,
NO, rr6 - l(tJ:'j CIVIL "l~l=I/.lt.l
CIVIL ACTION. LAW
TEDDY LEE SHEIBLEY, I aikJa TED
L. SHEIBLEY aIkIa TEDDY FARLING,
Defendant
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND now comes the Defendant Teddy L. Sheibley, by and through his Attorney, Austin
F, Gfogan, Esquire files the within Preliminary Objection as follows:
I. OBJECTION AS TO VENUE
1. The Defendant. Teddy L. Sheibley fesides at 53 Meadowbrook Court, New
Cumberland, York County, Pennsylvania,
2. Paragraph 4 of the Complaint allege the events occurred at the Defendant's
residence located at 53 Meadowbrook Court, New Cumberland, York County, Pennsylvania.
3, York County Deputy Sheriff Drawbaugh served the Defendant with the
Complaint on March 4, 1996 at 1:24 p,m, (See Attached Receipt).
4, The Defendant docs not consent to Cumberland County accepting venue.
5, Pursuant to PaR.C,P. Section 1006:
...an Action against an individual may be brought in and only in a County
in which he may be served or which the cause of action arose or where a
transaction or OCCUfrence took place out of which the cause of action arose or
any other County authorized by law..,
WHEREfORE, the Defendant respectfully request this Prelimillll1')' Objection be
~ustained and this action be transferred to York County.
Z. DEMURRER
Paragraphs I through 5 are incorporated by refefence lIS if fully sc:tforth below.
6, Plaintiff tails to setforth facts to constitute a cause of action in Count I: Assault,
7. Plaintiff fails to sc:tforth facts constituting cause of action in Count II: Battery.
8. Plaintiff fails to setlorth facts constitute a cause of action in Count III:
Intentional Infliction of Emotional Distress,
9, Plaintiff fails to setforth facts constituting a cause of action in Count IV:
Nllgligence.
10. The Defendant respectfully re'~uestthis Honorable Court to dismiss the Plaintiffs
complaint for failure to setforth cause of action,
3. MOTION FOR AMQ.RE SPECIFIC PLEADINGS
ffiUNT I
Paragraphs I through 10 are incorpofated by rdi:fence as if fully set forth below.
II, The Defendant moves to compel the Plaintiff to tile a more specilic pleading for
the tollowing reasons
12, Paragraph 12(a) the Plaintiff fails to state what type of substance was placed in
and around the PlaintiO"s anus which constitutes an assault,
13. Paragraph 12(b) Plaintiff tails to state what sexual acts were performed on the
...
two year old child which constitutes an assault.
14, Paragraph 12(c) fails to specify what restrainl:s were U5ed immediately prior to,
during and after the sexual assault which constitutes an assault,
15. Paragraph 13 Plaintiff fails 10 specify what physical and emotional injuries the
child received,
WHEREFORE. Defendant fespectfully request this Honorable Court to compel the
Plaintiff to tile II more specific Pleading as to Count I.
COUNT II
Paragraphs I through 15 are incorporated by reference as if fully setforth below,
16, Paragfaph 15(a), Plaintiff fails to state what vaseline-type substance was in or
around the child's anus which constitutes Ballery,
17, Paragraph 15(b) fails to identify what sexual acts were performed on the two
year old child which constitutes Battery.
IS. Parasraph 15(c) failed to specify what type of restraints were administered
immediately prior 10, during and following the alleged assault which constitutes Bauery,
19. Paragraph 16 fails to specify what type of extensive examinations and testing the
two year old child has undergone and what emotional and psychiatric injuries the two year old
child has sustained.
WHEREFORE, Delendant fespectfully request this Honorable Court to compel the
Plaintitl" to tile a more specitic Pleading,
COUNT III
Pllfullraphs I through 19 life incorporate,j by reference as if fully sctforth below,
20. Paragraph l8(al, Plaintiff tails to state what vlI5Cline-typl: substance was in or
around the child's anus to cause Intentional Inmction of Emotional Distress.
21. Pllfagraph 18(b) fails to identify what sexual acts were pl:rl'ormed on the two
year 011.1 child to cause Intentional Inl1iction of Emotional Distress,
22, Paragraph 18(c) failed to spl:cify what type of restraints were administered
immediately prior to, during and liJllowing the alleged assault to cause Intentional Infliction
of Emotional Distress.
23, Paragraph 19 fails to spl:cify what type of extension examinations and testing
the two year old child has undergone and what emotional and psychiatric injuries the two year
old child has sustained.
WHEREFORE. Dcli:ndant respectfully request this Honorable Court to compel the
Plaintiff to tile a mOfe specific pleading,
COUNT IV
Paragraphs I through 23 are incorporated by reference as if fully setforth below,
24, Paragraph 21 (a), Plaintiff fails to state what vaseline.typl: substance was in or
afound the child's anus,
25. Paragraph 21 (b) fails to illcntify what sexual acts were perl'ormed on the two
year old child.
26. Paragfuph 21(c) failed to specify what type of restraints were administtred
immediately prior 10, during and following the all..:ged llSlIIIUll.
27. PW'agraph 22 fails 10 specify whlll type of extension examinations and testing
the two yeW' old child has undergone and what emotional and psychiatric injuries the two yeW'
olll child has sustained.
WHEREFORE, Defendant respectfully request this Honorable Court to compel the
Plaintiff to file a more specific Pleading.
Respectfully Submitted
, . } i,
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(, "( ," j
Lt.I,,-,'i''''i<1 I' d < ~".
Austin F, Grog ,Esq . re
24 North 32nd' Street ,
Camp Hill, PA 170((
717-737-1956
Attorney ID #59020
Attorney lor Defendant
VERIFICATION
I, Teddy L. Sheibley , verify that the statements made in
the foregoing preliminary Objections are true and correct to the
best of my knowledge, information, and belief. I understand that
false statements made herein are made subject to the penalties of
18 Pa. C.S, Section 4904, relating to unsworn falsification to
authorities.
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Far I In,!
u 96-961 Civil Term
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EXIIIIJIT "A"
7, Denied, Count II of Plaintiff's complaint clearly
sets forth facts which, if proven, constitute a cause of action for
battery, Strict proof to the contrary is demanded,
8, Denied, Count III of Plaintiff's complaint clearly
set forth facts which, if proven, constitute a cause of action for
intentional infliction of emotional distress. Strict proof to the
contrary is demanded,
9. . Denied. Count IV of Plaintiff's complaint clearly
set forth facts which, if proven, constitute a cause of action for
negligence. Strict proof to the contrary is demanded,
10. No answer required,
WHEREFORE, Plaintiff prays your Honorable Court to deny
Defendant's demurrers to Counts I through IV of Plaintiff's
complaint.
3. MOTION FOR MORE SPECIFIC PLEADING
COUNT I
11. No answer required.
12, Admitted. By way of further answer, the particular
type of substance placed in and around Plaintiff's anus is not
relevant to the issue of whether an assault occurred,
13. Admitted. By way of further answer, the particular
type of sexual act performed on Plaintiff is not dispositive of
whether an assault occurred, Plaintiff alleges that any sexual act
on his person constituted assault. Additional information may be
uncovered during discovery.
14, Admitted. By way of further answer, Plaintiff
alleges that he was restrained in movement, There is no allegation
that any straps, ropes, handcuffs, etc. were used to restrain the
child.
15. Denied, Plaintiff alleges that he was examined at
the Holy Spirit Hospital and found to be the victim of sexual
abuse. It logically follows that there is both physical and
emotional injuries which follow from such action, The specific
injuries are available through the discovery process,
WHEREFORE, Plaintiff prays your Honorable Court to deny
Defendant's request for a more specific pleading as to Count I,
COUNT II
16. Admitted, By way of further answer, the particular
type of substance placed in and around Plaintiff's anus is not
relevant to the issue of whether a battery occurred.
17. Admitted, By way of further answer, the particular
type of sexual act performed on Plaintiff is not dispositive of
whether a battery occurred. Plaintiff alleges that any sexual act
on his person constituted battery. Additional information may be
uncovered during discovery.
18. Admitted. By way of further answer, Plaintiff
alleges that he was restrained in movement, There is no allegation
that any straps, ropes, handcuffs, etc. were used to restrain the
ch ild.
19, Denied. Plaintiff alleges that he was examined at
the Holy Spirit Hospital and fdund to be the victim of sexual
abuse, It logically follows that there is both physical and
emotional injuries which follow from such action, The specific
injuries are available through the discovery process.
WHEREFORE, Plaintiff prays your Honorable Court to deny
Defendant's request for a more specific pleading as to Count II,
COUNT I II
20, Admitted. By way of further answer, the particular
type of substance placed in and around Plaintiff's anus is not
relevant to the issue of whether Defendant intentionally inflicted
emotional distress.
21, Admitted. By way of further answer, the particular
type of sexual act performed on Plaintiff is not dispositive of
whether Defendant intentionally inflicted emotional distress.
Plaintiff alleges that any sexual act on his person constituted the
intentional infliction of emotional distress. Addi tional
information may be uncovered during discovery,
22. Admitted. By way of further answer, Plaintiff
alleges that he was restrained in movement. There is no allegation
that any straps, ropes, handcuffs, etc. were used to restrain the
child.
23. Denied, Plaintiff alleges that he was examined at
the Holy Spirit Hospital and found to be the victim of sexual
abuse, It logically follows that there is both physical and
emotional injuries which follow from such action. The specific
injuries are available through the discovery process.
WHEREFORE, Plaintiff prays your Honorable Court to deny
Defendant's request for a more specific pleading as to Count III.
COUNT IV
24. Admitted, By way of further answer, the particular
type of substance placed in and around Plaintiff's anus is not
relevant to the issue of whether Defendant negligently injured
Plaintiff .
25. Admitted. By way of further answer, the particular
type of sexual act performed on Plaintiff is not dispositive of
whether Defendant negligently injured Plaintiff. Plaintiff alleges
that any sexual act on his person constituted either an intentional
or negligent act on the part of Defendant. Additional information
may be uncovered during discovery,
26. Admitted. By way of further answer, Plaintiff
alleges that he was restrained in mov~ment. There is no allegation
that any straps, ropes, handcuffs, etc. were used to restrain the
child.
27. Denied. Plaintiff alleges that he was examined at
the Holy Spirit Hospital and found to be the victim of sexual
MACINTYRE & MACINTYRE
'i';J
AnnNl'd f'....r L"'''''
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POBox 6656
H,l,RR,SO: In('; r"A 1 71 1 '}
TELEPHOf'~f 171 71 6~2-94B5 FA ~ 17 I 71 6~2 8017
JOSHUA L. SHEIBLEY, a minor
by and ~hrou9h his mo~her and
na~ural guardian, CHERYL M.
ICING,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
"
Plaintiff :
No, 96-963 CIVIL TERM
v.
TEDDY LEE SHEIBLEY I a/k/a
TED L. SHEIBLEY a/k/a TEDDY
I'ARI.ING,
.
,
,
.
JURY TRIAL DEMANDED
Defendant
AND NOW, this the
RULE~~HOW CAUSE
~ day of
1996, a Rule is hereby granted to show cause
eryl M, King,
mother and natural guardian of Joshua L. Sheibley, should be
granted leave to discontinue tD:ifion.
Rule returnable _, r
.
(;~
~c-<...
,
::r.r
-. All proceedings to
stay pending furthe= Order of the Court.
J.
. ..,""
,'i- !
1
JOSHUA L, SHEIBLEY, a minor
by and through his mother and
natural guardian, CHERYL M,
KING,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No, 96-963 CIVIL TERM
v.
TEDDY LEE SHEIBLEY I a/k/a
TED L, SHEIBLEY a/k/a TEDDY
F'ARLING,
JURY TRIAL DEMANDED
Defendant
AND NOW, this
LEAVE TO DISCONTINUE ACTION
day of
1996, Cheryl M. King, guardlan in the action of Joshua L, Sheibley,
a minor, may discontinue this action.
By the Court
J.
ih" parties should move on with Ull'[ r lives,
6, Cheryl M. King has been advlsed by Plaintiffs' counsel,
Robert B. MacIntyre, not to file for discontinuance of this action
prior to discovery being conducted.
7. Cheryl M. king heiieves that it is in her child's best
interest to discontinue this action.
WHEREFORE, Cheryl M. King, mother and natural guardian of
Joshua L. Sheibley, prays your Honorable Court to discontinue the
above captioned matter.
Respectfully submitted,
" r!
(, J\ /;1.{ Ii c/)l I J\8-
Cheryl M .~ King .
526 1/2 S, Enola Court
West Fairview, PA 17025
.)
~BRTIrICATE or SBRVICB
I, Robert B, MacIntyre, Esquire, do hereby certify that [
caused a true and correct copy of the foregoing to be served upon
the following individuals by placing the same in the United states
Mail, First Class Postage Prepaid, at Harrisburg, Dauphin County,
Pennsylvania, on and addressed as follows:
Austin Grogan,
24 North 32nd
Camp Hill, PA
Esquire
street
1'/011
Cheryl M. King
526 1/2 South Enola Road
Apratment #1
West Fairview, PA
"
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