Jacob Levinson (ose Robert Jay Axelrod (oer Alleed A. Levioson Richard J, Levinson seen Riebard | Marcolas So Janes. Duna ie jegans Cha Tes Ae Mae Siteopt nite her ery L Goze says ay ‘Todd D. Wace! Matthew P. Pitre Rosemacy B, MeGeady, MD. Robert Y, Coole Michael B. Fusco Kathleen M. DiGiovanai David A. Cook Patrick J. Pian Brian P. McEleay Celine M. Viale Kevin Bogelhard ther Levinson Axelcod offices in Pemington, Levinson Axelrod, P.A. ATTORNEYS AT LAW Levinson Plaza 2 Lincoln Highway, PO Box 2905, ison, NJ 08818-2905 “Tek: (132) 494-2727 Fax: (132) 494-2712 Via Certified Mail -CM 7011 2000 0001 8233 4756 March 1, 2016 State of New Jersey Department of Children and Families Division of Child Protection and Permanency 20 West State Street, 4* floor P.O. Box 729 Trenton, N.J. 08625-0729 Re:_Jobn Doe v State of New Jersey et.als Middlesex L- 915-16 Dear Sir or Madam: Enclosed herein please find a copy of Summons and Complaint in connection with the above matter. Service is being made upon you by virtue of N.J. Rule 4:4-4(a). Under the laws of New Jersey, you have thirty five (35) days in which to file an Answer to said Complaint. I suggest you turn these papers over to your insurance carrier or attorney. Very truly yours, Ronatd 8 Cnf — RONALD B. GRAYZEL For the Firm RBG/Ik Enclosure haepy/ wu silawyerseoss omerille/Hilsborough, Belford, Howell, Forked River and Jaesbusg/MonsoeSTATHIS & LEONARDIS LLC Nicholas J. Leonardis - 009651992 32 South Main St. Edison, NJ 08837 (732) 494-0600 Attorneys for the Plaintiff LEVINSON AXELROD PA Ronald B. Grayzel - 026771977 Levinson Plaza 2 Lincoln Highway Edison, NJ 08818 (732)494-2727 Attorneys for the Plaintiff JOHN DOE : SUPERIOR COURT OF NEW JERSEY : COUNTY OF MIDDLESEX + LAW DIVISION Plains, 1 DocketNo. MID-L-915-16 vs. : Civil Action STATE OF NEW JERSEY; STATE OF NEW JERSEY DEPARTMENT OF : SUMMONS CHILDREN AND FAMILIES, DIVISION : OF CHILD PROTECTION AND 5 PERMANENCY , formerly known as DIVISION OF YOUTH AND FAMILY SERVICES; CHRISTOPHER DUGGAN; RICHARD ROES (Un-identified case workers, managers and/or supervisors of case workers); CARL COES (Un-identified : entities that were responsible for the supervision and control of John Doe); Defendznts, ‘THE STATE OF NEW JERSEY, TO THS NAMED DEFENDANT(S): The State of New Jersey, Department of Children and Families, Division of Child Protection and Permanency f/k/a Division of Youth and Family Services‘The plaintiff, named above, have filed a lawsuit against you in the Superior Court of New Jersey. ‘The complaint attached to this summons states the basis for this lawsuit, If you dispute this complaint, you or your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons, not counting the date you received it. (The address of each deputy clerk of the Superior Court is provided.) If the complaint is one in foreclosure, then you must file your written answer or motion and proof of service with the Clerk of the Superior Court and a completed Case Information Statement (available from the deputy clerk of the Superior Court) must ‘accompany your answer or motion when itis filed. You must also send a copy of your answer or motion to plaintiff's attorney whose name and address appear above, or to plaintiff, if no attorney is named above. A telephone cail will not protect your rights: you must file and serve a written answer or motion (with fee and completed Case Information Statement) if you want the court to hear your defense, If you do not file and serve a written answer or motion within 35 days, the court may enter a judgment against you for the relief plaintiff demands, plus interest and costs of suit. If judgment is entered against you, the Sheriff may seize your money, wages or property to pay all or part of the judgment. If you cannot afford an attorney, you may call the Legal Services office in the county where you live. A list of these offices is provided. If you do not have an attomey and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these numbers is also provided. Dated: March 1, 2016 Js Michelle M. Smith Clerk of the Superior Court Name of Defendant to be served ‘The State of New Jersey, Department of Children and Families , Division of Child Protection and Permanency é/k/a Division of Youth and Family Services Address for service State of New Jersey Tort Claims Unit Department of the Treasury Division of Risk Management 20 West State Street, 6° Floor P.O. Box 620 ‘Trenton, NJ. 08625 State of New Jersey Department of Children and Families 20 West State Street, Fourth Floor P.O, Box 729 ‘Trenton, N.J. 08625~0729State of New Jersey Department of Children and Families Division of Child Protection and Permanency ifk/a Division of Youth & Family Services 50 East State Street P.O, Box 717 ‘Trenton, NJ. 08625-0717STATHIS & LEONARDIS LLC Nicholas J. Leonardis - 009651992 32 South Main St. Edison, NJ 08837 (732) 494 -0600 Attorneys for the Plaintiff LEVINSON AXELROD PA. Ronald B. Grayzel - 026771977 Levinson Plaza 2 Lincoln Highway Edison, NJ 08818 (732)494-2727 Attorneys for the Plaintiff JOHN DOE Plaintiffs, vs. STATE OF NEW JERSEY; STATE OF NEW JERSEY DEPARTMENT OF 7 CHILDREN AND FAMILIES, DIVISION : OF CHILD PROTECTION AND : PERMANENCY , formerly known as DIVISION OF YOUTH AND FAMILY SERVICES; CHRISTOPHER DUGGAN; RICHARD ROES (Un-identified case workers, managers and/or supervisors of case workers); CARL COES (Un-identified : entities that were responsible far the supervision and control of John Doe); MATTHEW V. BROOKS Defendants. SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX LAW DIVISION Docket No. L-9)5. ly Civil Action COMPLAINT AND JURY DEMAND ‘The plaintiff, ohn Dos, residing at in the Township of South Brunswick, in Middlesex County, New Jersey, complaining of the defendants says that:FIRST COUN 1. John Doe is an aduli male who was victimized by sexual assault and battery as 2 minor. John Doe wishes to protect his identity to assure his privacy end avoid public humilistion and embarrassment. 2, Arall timos relevant hereto, the State of Now Iersey, the New Jersey Department of Children and Familics, Division of Youth and Family Services and Christopher Duggan and Richard Roes were responsible for the oversight and protection of the health, safety and welfare of children. 3, Onor about April 8, 2011, defendants the State of New Jerscy, the New Jersey Department of Children and Families, Division of Youth and Family Services and Christopher Duggan, placed and/or approved the placement of John Doe, a minor, in the custody and control of MEE PUI os his temporary goeidien, John Dee was pleced inthe home oa BAI under his sole custody and control. 4, These defendants failed to determine whether or not the consenting parent that executed the authorizing document had the eapacity or authority to consent to the guardianship. 5. The defensianis failed to exercise reasonable care in the investigation, review, oversight or control of the “waiver of parental rights” of plainti?’s biological parents and the assignment of MII SI as plaintiff's guardizn, 6: These defendants had previously exercised and subsequently ‘assumed the role of parents patriae role over Joan Doe.7. Richard Roes are unknown case workers and supervisors who were assigned and performed services for John Doe and/or were responsible for supervising Christopher Duggan andor the placement and the evaluation of the placément of John Doe, 8, Prior to placement, these defendants failed to conduct an investigation into the background, suitability and qualifications of the guardian, Mi OI. 9. Defendants failed to have Mg BEE undergo professional evaluations including but not limited to evaluations by social workers, psychologists and/or other professionals, 10. ‘These defendants failed to conduct a criminal background check or other background check on Mi FI. 11. Defendants failed to utilize procedural safeguards to ensure a safe and appropriate placement. 12. During the time that John Doe was under the control and supervision of Mg ‘HQ, John Doe was physically and sexually assazited by MIE OE he was subjected ‘to physical and emotional abuse; he was not housed in a safe and appropriate environment, he ‘was subjected to consumption of alcohol and/or other unsafe conditions. 13, These defendants failed to properly supervise the placement, failed to monitor the sninor in the placement, failed to conduct regular end periodic visits of the home in which he was placed, failed to make reasonable inquiries into the health and welfare of John Doe, failed to Snvestgate his stats wih the locel Board of Eévcation, and filed o respond wo inguities and complaints about the minor's well-being.14, Asa direct and proximate consequence of the negligence of the defendants, their palpably unreasonable conduct and their reckless disregard of John Doe’s welfare and well- being, John Doe was caused to suffer serious and permanent physical injuries and emotional/psychological injuries and has been caused to experience physical and emotional pain and suffering and has undergone medical treatment and incurred medical expenses. 15. Defendants are legally responsible for John Doe's injuries under principles of negligence, gross negligence and due to their reckless disregard of plaintif's rights. Defendants’ conduct was palpably unreasonable. Defendants breached their duties toward plaintiff under the ‘New Jersey Torts Claims Act. ‘Wherefore, Plaintiff demands judgment against the defendants aforesaid, on the First Count, jointly and severally, for: Compensatory damages; Medical expenses; Reasonable attomey’s fees; Interest and costs of suit; and, For such other relief as the Court may deem equitable and just. poop SECOND COUNT 1. Plaintiff repeats and reiterates the facts and contentions set forth inthe First Count and repeats them herein, ‘2: * During the time that John Doe was under the custody, control and supervision of the “~~ ~~ ~ defendants, State of New Jersey, State of New Jersey Department of Children and Families, Division of Youth and Family Services, Christopher Duggan, and Richard Roes, John Doe hadcertain rights and privileges guaranteed by NJ.S.A. 9:6B-1, et seq, the Child Placement Bill of Right Act and The Child Welfare Act, N.I.S.A. 9:6-1 et se0, 3. These New Jersey statutes and the regulations promulgated under them provided that John Doc had the right to be free from physical and psychological abuse; fo have and receive adequate, safe and appropriate food, clothing and housing; to receive adequate and appropriate meiiical care; to be free from wawarranted physical restraint and isolation; and to have services of a high quality thet are designed to maintain and advance the child’s mental and physical well- being. 4, Atall relevant times herein, these defendants acted in a negligent, careless, palpably unreasonable, reckiess manner with deliberate indifference and with reckless disregard of the safety and well- being of Fohn Doe, violating the terms and provision of the Child Placement Bill of Rights Act and The Child Welfare Act. 5. These defendants are directly and/or vicariously liable for the actions and inactions of these defendants and/or their agents, representatives or employees. 6. The defendants are directly and/or vicariously liable for the actions and conduct of ed 7. Asadireot aud proximate consequence of the violation of their legal obligations under these New Jersey statutes and regulations and statutory violations of John Doe's right and leges, John Doe was caused to suffer serious and permanent injuries, both physical and emotional, and sustained other losses and damages which will continue into the future,‘Wherefore, Plaintiff demands judgment against the defendants aforesaid, on the Second Count, jointly and severally, for: Compensatory damages; Medical expenses; Reasonable attorney's fees; Interest and costs of suit; and, For such other relief as the Court may deem equitable and just. ppose THIRD COUNT 1. Plaintiff repeats and reiterates the facts and contentions set forth in the previous counts and repeats them herein. 2. Atall times relevant hereto, there may have been unidentified individuals that served as case workers, managers and Jor supervisors of case workers who had job duties and/ or performed services regarding John Doe. 3. These unidentified individuals have been designated in the Caption of the Complaint as Richard Roes. 4, Atall times relevant hereto there may have been unidentified entities or organizations that were responsible for the custody, control, supervision and monitoring of John Doe. 5. These unidentified entities have been designated in the Caption of the Complaint as Carl Coes. 6. ‘These unidentified individuals, Richards Roes, and the unidentified entities, Carl Coes, the performance of their duties and failed to comply with their statutory duties. 7. In the event these unidentified individuals and/or entities are identified, plaintiff hereby reserves the right to amend the Complaint to include these defendants. |‘Wherefore, Plaintiff demands judgment against the defendants aforesaid, on the Third Count, jointly and severally, for: Compensatory damages; ‘Medical expenses; Reasonable attorney's fees; Interest and costs of suit; and, For such other relief as the Court may deem equitable and just, sao ee FOURTH COUNT 1. Atall times relevant hereto, MEI PAI) bad custody and control of John Doe. 2. During this time period, defendant IM intentionally, recklessly and negligently assaulted, and sexually assaulted John Doe. 3. PAE intentionally, recklessly and negligently inflicted emotional distress on John Doe. 4, BAIN engaged in outrageous conducted thet harmed the plaintiff 5. TIMI foiled to exercise reasonable supervisory care over Jokm Doe. 6. Asa direct and proximete consequence ofthe intentional, reckless, and negligent conduct of ME BIE, John Doc was caused to suffer serious and permanent injuries and has sustained other losses and damages into the future, Wherefore, Plaintiff demands judgment against the defendants aforesaid, on the Fourth Count, jointly and severally, for: Compensatory damages; Medical expenses; Reasonable attomey’s fees; Interest and costs of suit; and, For such other relief as the Court mey deem equitable and just, epee eeFIFTH COUNT 1. Plaintiff repeats and reiterates the facts and contentions set forth in the previous Counts and repeats them herein, 2. Atall times relevant hereto, John Doe wes the victim of sexual abuse committed by defendant Mi a. 3. Atall times relevant hereto, defendants State of New Jersey, State of New Jersey Department of Children and Families, Division of Youth and Family Services , Christopher Duggan and Richard Roes stood in loco parentis with John Doe. 4, Asa direct and proximate consequence of this sexual abuse, John Doe was caused to suffer serious and permanent physical and emotional injuries which are permanent and will continue into the future, 5. Defendant Mg HEED is legally responsible for John Doe’s injuries under the terms aad provisions of NIS.A. 2A: 61B. et seq. 6. The State of New Jersey public entities, including The State of New Jersey, the State of ‘New Jersey Department of Children and Families, Division of Youth and Family Services are directly and vicariously responsible for John Doe's injuries under N.J.S.A. 2A: 61 B. et seq. and ace directly and vicariously responsible for the injuries caused by Michael Brooks.‘Wherefore, Plaintiff demands judgment against the defendants aforesaid, on the Fifth Count, jointly and severally, for: Compensatory damages; ‘Medical expenses, Reasonable attorney's fees; Taterest anid costs of suit; and, For such other relief as the Court may deem equitable and just. o pore JURY DEMAND PLEASE TAKE NOTICE that the plaintiff, pursuant to R. 4:35, demands a trial by jury. Plaintiff hereby designates Nicholas Leonardis, Hsq. and Ronald Grayzel, Esq. as trial ‘counsel on all issues. CERTIFICATION Thereby certify that this matier is not the subject matter of any other suit presently pending in any otter Court or in any American Arbitration proceedings. At this time, no other Court proceeding or American Arbitration proceeding is contemplated STATHIS & LEONARDIS LEVINSON AXELROD, PA Attomeys for Pleintiff John Doe Attomeys for Plaintiff John Doe ‘i By 4q RONALD B. GRAYZEL, ESQ. () i UMIDDLESEX VICINAGE CIVIL DIVISION PO BOX 2633, 56 PATERSON STREET NEW BRUNSWICK NJ 08903-2633, TRACK ASSIGNMENT NOTICE COURT TELEPHONE NO. (732) 519-3728 COURT HOURS 8:30 AM - 4:30 PM DATE: FEBRUARY 10, 2016 RE: DOB JOHN VS STATE OF NEW JERSEY DOCKET: MID L -000915 16 THE ABOVE CASE HAS BEEN ASSIGNED TO: TRACK 3. DISCOVERY IS 450 DAYS AND RUNS FROM THE FIRST ANSWER OR 90 DAYS FROM SERVICE ON THE FIRST DEFENDANT, WHICHEVER COMES FIRST. THE PRETRIAL JUDGE ASSIGNED IS: HON PHILLIP 1. PALEY IF YOU HAVE ANY QUESTIONS, CONTACT TEAM 001 (732) 519-3728 EXT 3728. IF YOU BELIEVE THAT THR TRACK IS INAPPROPRIATE YOU MUST FILE A CERTIFICATION OF GOOD CAUSE WITHIN 30 DAYS OF THE FILING OF YOUR PLEADING. PLAINTIFF MUST SERVE COPIES OF THIS FORM ON ALL OTHER PARTIES IN ACCORDANCE WITH R.4:5A-2. ATTENTION: ATT: NICHOLAS J. LBONARDIS STATHIS & LEONARDIS LLC 32 SOUTH MAIN ST EDISON Ng 08837-3452 JOMPOMOAppendix XU-B1 CIVIL CASE INFORMATION STATEMENT —fParuenrveeLlex Lies hice (cls) feo Use for intial Law Division oT Chil Part pleadings (not motions) under Rule 4:5-4 Pleading will be rejected for filing, under Rule 1:5-6(c), [Ovewanieur if information above the black bar is not completed s, ‘or attorney's signature is not affixed Bararrensen: "RITORNEY PRO GE WANE "TELEPHONE NUMBER (COUNTY OF VENUE, Ronald B. Grayzal (732) 498-2727 Middlesex °: FIRM WANE (Fanpleabey rat ee rae ‘OFACE ADDRESS BOCOWENE TBE 2 Lincoln Highway P.O. Box 2505 ‘Complain Edison, N.J. 08818-2905 URYDEMAND Byes O.N9. NAME OF PARTY (eg, John Boe, iit ‘CAPTION John Doe, Plaintif John Doe v State of New Jersey, State of New Jersey Department of CChiléren and Farities, at. als, CASETYPENUWBER | HURRICANE SANDY (Gee reverse aide forlising) | RELATED? ISTHIS A PROFESSIONAL MALPRACTICE CASE? OvEs No Presa, Co) [2 BNO | evouaveo-mcwtp es; sees 9 2NE8A BY AND APPCABLE CASELAN REGARDING YOUN O81/GNTION TOFLEAN AFF OAV OF MERI 'RELATED GASES PENDING? IFYES, UST DOCKE? NUMBERS O ves Bno ‘DO YOU ANTICIPATE ADDING ANY PARTIES, NAME OF DEFENDANTS PRIMARY INSURANCE COMPANY (known (arin out of came tineacon a oocumer ea)? 1 Nowe aves wo BE Usenwn ‘CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASES APPROPRIATE FOR MEDIATION 'DO PARTIES HAVE A CURRENT. PASTOR TFYES, IS THAT RELATIONSHIP: RECURRENT RELATIONSHIP? CD awtovenevrtoves D Fremencicimcs —f OTHER fexpbin) BE ves One Grr TF usvess under sunantalon and cont of sks, [DOES THE STATUTE GOVERNING THIS GASE PROVIDEFORPAYMENT GFFEESEYTHELOSNG PARTY? U1 YS __BLNO {USE THIS SPAGE TO ALERT THE COURT TO ANY SPECIAL CAS= CHARAGTERISTION THAT WAY WARRANT NOIIDUAL MANAGEWENT OR ACCELERATED DISPOSITION Plaintiff requests Track Il designation as this is a camplex case involving potential liability of Tite 89 defendants for sexual abuse of a minor. TBS YBUGR YOUR GLEN NEED ANY DSRGNTYACUOMVODATONG? | TF VEG FLERE WENT WE REDUETED RIGERAACOATION Owes 1 No ‘WL av INTERFSTER oC NEEDED? TF VEE FOR VRAT ONGRADRT O ves a No ‘certify that confidential personal Identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in necordance with Rule 1:38-7(b). ee UU cree css 10 toe peoCIVIL CASE INFORMATION STATEMENT (cls) Use forint ploacings (not motions) under Rule 4:5-1 CASE TYPES (Choose one and enter number of case type in appropriate space cn the reverse side.) “Track! - 160 days' discovery 151 NAME CHANGE S75 FORFEMTURE ‘M2 TENANCY 1300 REAL PROPERTY (othr than Tonancy, Canlact Condemnaton, Complex General or Consruton) ‘502 BOOK ACCOUNT {dob oolecon malls oni) 1505 OTHERINSURANCE CLAIM (ncluing deere ldgrent actions} 506. PIP COVERAGE ‘B10 Ub or UIM CLAIM (overage sus ont) S811 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LA 801 SUMMARY ACTION (B02 OPEN PUBLIC RECORDS ACT (sume seer) 898 OTHER (ute describe nature of action) ‘Track Il = 200 days’ discovery 1308 “CONSTRUCTION 509 EMPLOYMENT (cthr than CEPA or LAD) 889. CONTRACTICONMERCIAL TRANSACTION {803N ALTO NEGLIGENCE ~ PERSONAL IRJURY (non-verbal tyeenol) {80SY ALTO NEGLIGENCE - PERSONAL INJURY (verbal Proshoi} 605) PERSONAL INIURY 610 AUTO NEGLIGENCE — PROPERTY DAMAGE 621 UM or UM CLAIM (acuaes body rium) 688. TORT OTHER ‘Trackilt ~ 450 days’ discovery ‘005 CHIL RIGHTS 30) CONDEMNATION ‘602 ASSAULT AND BATTERY (604 MEDICAL MALPRACTICE {606 PRODUCT LIRSILTY. 607 PROFESSIONAL MALPRACTICE 08 TOXIC TORT 600 DEFAMATION {816 WHISTLEELOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) GASES 617 INVERSE CONDEMNATION {618 LAW AGAINST DISCRIMINATION (.A0] CASES ‘Track V ~ Active Case Management by Individual Judge / 460 days' discovery 185 ENVIRONMENTALENVIRONMENTAL COVERAGE LITIGATION. 303. MMT LAUREL Bk COMPLEX Conmenciat 815. COMPLEX CONSTRUCTION S14 INSURANCE FRAUD 620 FALSE CLAIMS ACT. Ot ACTIONGIN LIEU OF PREROGATIVE WRITS ‘Multicounty Litigation (Track IV) 265 HORMONE REPLACEMENT THERAPY (HRT) 288 PRUDENTIAL TORT LITIGATION, 271 ACCUTANEASOTRETINON, 280 REGAN 274 PISPERDALISEROQUELIZYPREXA 280 POMPTON LAKES ENVIRONMENTAL LITIGATION 27R ZOMETNAREDIA 281 PELVIG MESHIGYNECARE 279 GADOLINUM 282 PELVIC MESHIBARD 222 BRISTOL-MVERS SQUIBE ENVIRONMENTAL 268 OEPUY ASR FUP IMPLANT LITIGATION | _____ 282. FosAMAK ss “BOS ALLODERM REGENERATIVE TISSUE MATRIX Zed VARIN DGG STAYKER AEJUVENATEIMIG MODULAR FIP STEM COMPONENTS 285 STRYKER TRIDENT HP IMPLANTS 287 MIRENA CONTRACEPTIVE ORVICE 288 LEVAQUIN fant assestos 287 YAZYASMINOGELLA 823 PROPECIA ‘you boliove thin case roquires a track ether than that provided above, please indicate the reagan on Side %, Inthe space under"Gase Charactorates. Please check off each applicable category [] Putative Class Action Title 58 Elective 08-48-2013, CN 10517-Eagls pega? 0f2