Case 2:05-mc Document 1322 Filed 09/27/12 Page 1 of 10

Transcription

1 Case 205-mc Document 1322 Filed 09/27/12 Page 1 of 10 THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA FREEDOM FROM RELIGION FOUNDATION, INC., DOE 4, by Doe 4 s next friend and parent DOE 5, who also sues on Doe 5 s own behalf. vs. Plaintiffs, CONNELLSVILLE AREA SCHOOL DISTRICT, Defendant. Civil Action No. COMPLAINT AND NOW, TO WIT, this 27 th day of September, 2012, Freedom From Religion Foundation; Doe 4, by Doe 4 s next friend and parent, Doe 5; and Doe 5, Plaintiffs, by and through their attorneys Marcus B. Schneider and STEELE SCHNEIDER, file the within Complaint against the Connellsville Area School District, Defendant, and in support thereof avers as follows Introduction 1. Since 1957, the Connellsville Area School District ( District ) has maintained a monument of the Ten Commandments in front of one of its schools in violation of the First Amendment to the United States Constitution. District students come into contact with the monument while attending or visiting Connellsville Area Junior High School. The Plaintiffs seek a declaration that the District practice of displaying the Ten Commandments in front of its public school is unconstitutional, an injunction requiring the Ten Commandments to be moved away from public school property, nominal damages, and attorneys fees and costs. 1

2 Case 205-mc Document 1322 Filed 09/27/12 Page 2 of 10 Jurisdiction and Venue 2. This action arises under the Constitution of the United States and 42 U.S.C This Court has federal question jurisdiction pursuant to Article III of the United States Constitution and 28 U.S.C In addition, this Court has jurisdiction pursuant to 28 U.S.C. 1343(a)(3) and (4). 4. The Court is authorized to award the declaratory relief requested by Plaintiffs pursuant to 28 U.S.C and Pursuant to 28 U.S.C and LCvR 3, venue is proper in the Pittsburgh Division of the Western District of Pennsylvania. The Defendant is a corporate body located in the Western District of Pennsylvania and Fayette County. The events complained of occurred in Fayette County. Parties 6. Plaintiff Freedom From Religion Foundation ( FFRF ) is a national non-profit IRC 501(c)(3) educational charity and a Wisconsin non-stock corporation. FFRF works to defend the constitutional principle of separation between state and church, as well as to educate the public about the views of non-theists. 7. FFRF has more than 18,500 members nationwide, including at least 673 members in the state of Pennsylvania. FFRF represents and advocates on behalf of its members throughout the United States. 8. Plaintiff Doe 5 is the parent and guardian of Doe Doe 5 is a resident and taxpayer of the District and the City of Connellsville. Doe 5 is a member of FFRF. 2

3 Case 205-mc Document 1322 Filed 09/27/12 Page 3 of Doe 4 is a minor attending Connellsville Area Junior High School. 11. Doe 4 and Doe 5 use pseudonyms to protect themselves from injury Defendant Connellsville Area School District (the District ) is a municipal corporate body that maintains control of public schools within the limits of the city of Connellsville. Facts 13. An approximately five to six foot tall tombstone-like stone monument of the Ten Commandments stands in front of Connellsville Area Junior High School ( Junior High ). Photos of the monument are attached as Exhibit 1 and Exhibit The Junior High school building was formerly used as the District s high school. 15. The monument is situated near the main entrance by the Junior High auditorium and is within view of students boarding or exiting school buses and participating in outdoor gym classes. 16. The monument reads the Ten Commandments I AM the LORD thy God. I. Thou shalt have no other gods before me. II. Thou shalt not take the Name of the Lord thy God in vain. III. Remember the Sabbath day, to keep it holy. IV. Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee. V. Thou shalt not kill. VI. Thou shalt not commit adultery. VII. Thou shalt not steal. VIII. Thou shalt not bear false witness against thy neighbor. IX. Thou shalt not covet thy neighbor s house. 1 A motion for leave to proceed pseudonymously will be filed with this Honorable Court. These pseudonyms were chosen because a suit brought on behalf of Doe 1, Doe 2, and Doe 3 was recently filed in this Honorable Court against the New Kensington-Arnold School District. For use in pleadings and briefing, Doe 4 and Doe 5 will be referred to by use of female pronouns. 3

4 Case 205-mc Document 1322 Filed 09/27/12 Page 4 of 10 X. Thou shalt not covet thy neighbor s wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor s. 17. This version of the Ten Commandments is consistent with a traditional Roman Catholic version by numbering and by the omission of the prohibition of making graven images. 18. The bottom of the monument says PRESENTED TO CONNELLSVILLE JOINT HIGH SCHOOL BY CONNELLSVILLE AERIE NO. 493 FRATERNAL ORDER OF THE EAGLES MAY 13, The bottom of the monument also contains a Christian Chi-Rho symbol and two inscriptions of the Star of David. 20. Upon information and belief, District maintenance staff maintain the area adjacent to the monument by, among other things, mowing the lawn surrounding the monument. 21. Doe 4, during the course of the school day, regularly observed the Ten Commandments in front of school during the beginning of this and past school years. 22. Doe 5, the parent of Doe 4, regularly observed the Ten Commandments in front of school during the beginning of this and past school years when having necessary business at the school. 23. Doe 5 identifies as an atheist and views the monument as contrary to her and her family s personally held non-religious views. Doe 4 identifies as non-religious. The Does do not subscribe to the religious statements that are inscribed on the monument. 24. To the plaintiffs, the monument excludes them and others, both members of the community and visitors to the District, who do not follow the particular religion or god that the monument endorses. 4

5 Case 205-mc Document 1322 Filed 09/27/12 Page 5 of The feeling of exclusion effectuated by the monument s presence on school property has been stressful on both Doe 4 and Doe The Plaintiffs perceive the Ten Commandments monument as an endorsement by the District of the religious principles set forth on the monument. 27. The Plaintiffs perceive the monument as evidencing a favored religious view within the District. 28. The monument places coercive pressure on Doe 4 to adopt the District s favored religious views. 29. Doe 5 believes that the religious or non-religious upbringing of her child is her own personal right and responsibility, not the right or responsibility of the District. The display of the Ten Commandments usurps the parental authority of Doe 5 over the religious or nonreligious education of her child. 30. FFRF and Doe 5 contend that a public school district has no right to instruct its captive audience of impressionable students on which god to have, how many gods to have, or whether to have any gods at all. 31. Plaintiffs undersigned counsel sent a demand letter dated August 29, 2012, to Superintendent Dan Lujetic requesting that the monument be removed and indicating that plaintiffs would file a lawsuit if they did not receive notice that the monument would be removed. 32. In the days following receipt of the letter, District officials planned to remove the monument by September 7, In the days following receipt of the letter, the text of the Ten Commandments monument was covered by plastic. 5

6 Case 205-mc Document 1322 Filed 09/27/12 Page 6 of Vandals tore away the plastic on several occasions. 35. On September 6, 2012, the District s solicitor, Chris Stern, stated that removal of the monument would be pushed back to the week of September 9 to September On or about September 6, 2012, District employees covered the text of the monument with plywood. 37. Vandals removed the plywood on multiple occasions. 38. On September 9, 2012, the text of the Ten Commandments monument was uncovered and three American flags were placed at the base of the monument. 39. On the evening of September 10, 2012, the Ten Commandments text was again uncovered. On this evening, area pastors organized a rally at the Ten Commandments monument and took turns expressing their support for keeping the monument in front of the school. 40. Upon information and belief, the District received or solicited an offer from Connellsville Church of God to accept the monument and display it next to Connellsville Area Senior High School. 41. Upon information and belief, the proposed arrangements with Connellsville Church of God would place the Ten Commandments monument on the edge of the Church of God property, which borders the high school and one of its athletic fields. 42. Upon information and belief, the District rents and uses an athletic field owned by the Connellsville Church of God. The church field borders a Connellsville Area Senior High School athletic field. 6

7 Case 205-mc Document 1322 Filed 09/27/12 Page 7 of Upon information and belief, Connellsville Church of God intends to prominently light and display the Ten Commandments monument for viewing by District students should the District move it there. 44. Upon information and belief, these proposed arrangements are intended by the District to continue to bring District students in contact with the Ten Commandments monument. 45. Doe 4 will attend Connellsville Area Senior High School upon completion of her studies at the Junior High. If the monument is moved to the athletic fields, it is assured that she will continue to view the monument. 46. On the evening of September 12, 2012, community members and students held a second rally at the Ten Commandments monument. Demonstrators held religious signs in support of the monument and religious signs were affixed to the plywood that covered the Ten Commandments. 47. Following the rally, demonstrators marched to the Connellsville Area School District Board of Education meeting. 48. The Connellsville Area School District Board of Education ( Board ) held a public meeting at 700 p.m. on September 12, Local clergy and community members spoke for approximately 2 hours in support of keeping the Ten Commandments. 49. The Board declined to remove the monument. Instead, it voted to approve an agenda item from the Buildings and Grounds Department that said Request approval to delay any further action concerning moving the monument from its current location at Connellsville Junior High until further notice and pending further legal action. 50. In response to the Board s vote to keep the Ten Commandments monument, the room of more than 100 people erupted into a standing ovation. 7

8 Case 205-mc Document 1322 Filed 09/27/12 Page 8 of The decision by the Board and the religious fervor demonstrated by community members in attendance at the Board meeting on September 12, 2012, in attendance at prayer vigils and other gatherings near the Ten Commandments monument, and in other public comments made since the Plaintiffs sent the letter on August 29, 2012, further signal to Plaintiffs that they are outsiders in the District and that the District favors the religious beliefs endorsed by the Ten Commandments monument. monument. 52. On the evening of September 12, 2012, the plywood was again torn from the 53. On or about September 14, 2012, a large wooden box was placed over the Ten Commandments monument. It is unclear how long the District intends to keep the wooden box over the Ten Commandments Monument. 54. Although the Ten Commandments monument has been covered, the District s decision to keep the monument on school grounds sends the continuing message that the religion and religious messages endorsed by the Ten Commandments monument continue to be supported and endorsed by the District. 55. Based upon the events following the receipt of Plaintiffs August 29, 2012 letter, there is no secular basis for the District s decision to indefinitely cover rather than remove the Ten Commandments monument. COUNT ONE I 42 U.S.C Deprivation of Plaintiffs Constitutional Rights by Defendant 56. The foregoing averments of this Complaint are incorporated by reference. 57. By erecting, displaying, and maintaining the Ten Commandments monument, the Defendant has deprived the Plaintiffs of rights secured by the First and Fourteenth Amendments to the United States Constitution and 42 U.S.C

9 Case 205-mc Document 1322 Filed 09/27/12 Page 9 of The District s practice of erecting, maintaining, and continuing to host the Ten Commandments in front of Connellsville Area Junior High School lacks any secular purpose. 59. The pre-eminent purpose for posting the Ten Commandments on school[] walls is plainly religious in nature. The Ten Commandments are undeniably a sacred text in the Jewish and Christian faiths, and no legislative recitation of a supposed secular purpose can blind us to that fact. The Commandments do not confine themselves to arguably secular matters, such as honoring one's parents, killing or murder, adultery, stealing, false witness, and covetousness. See Exodus ; Deuteronomy Rather, the first part of the Commandments concerns the religious duties of believers worshipping the Lord God alone, avoiding idolatry, not using the Lord's name in vain, and observing the Sabbath Day. See Exodus ; Deuteronomy Stone v. Graham, 449 U.S. 39, (1980). 60. Arrangements to move the Ten Commandments monument to the Connellsville Church of God so that it is in direct view of District students lack a secular purpose. 61. The continued presence of the Ten Commandments on District property has the primary effect of both advancing religion generally and advancing the tenets of a specific faith in particular. 62. The continued presence of the Ten Commandments on District property also impermissibly coerces students to suppress their personal religious beliefs or non-religious views and adopt the favored religious views of the District. 63. The indefinite covering of the highly conspicuous Ten Commandments monument has neither remedied the impermissible coercion that Plaintiffs previously endured nor has it had the effect of squelching the message of religious endorsement that the District continues to send. 9

10 Case 205-mc Document 1322 Filed 09/27/12 Page 10 of Arrangements to move the Ten Commandments monument to the Connellsville Church of God so that it is in direct view of District students, including students who cannot avoid it when playing on athletic fields, would have the primary effect of advancing religion. 65. The continued presence of the Ten Commandments monument at Connellsville Area Junior High School constitutes an endorsement of religion by the District. WHEREFORE, Plaintiffs respectfully request the following relief from this Honorable Court A. A declaration that the Defendants maintenance, display, and presence of the Ten Commandments monument on District property is unconstitutional; B. A permanent injunction directing the District to remove the Ten Commandments and requiring that the Ten Commandments monument not be relocated near District property, including Connellsville Area Junior High School, Connellsville Senior High School, and other property utilized by the District; C. Nominal damages to compensate the Plaintiffs for the injury to their constitutional rights; D. Reasonable costs and attorneys fees pursuant to 42 U.S.C. 1988; and E. Such other relief as this Honorable Court deems just and proper. Respectfully submitted, /s/ Marcus B. Schneider, Esquire Marcus B. Schneider, Esquire PA I.D. No STEELE SCHNEIDER 428 Forbes Avenue, Suite 900 Pittsburgh, PA (412) (412) /facsimile mschneider@steeleschneider.com 10

11 Case 205-mc Document Filed 09/27/12 Page 1 of 2 JS 44 (Rev. 12/07) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS DEFENDANTS FREEDOM FROM RELIGION FOUNDATION, INC., et al. CONNELLSVILLE AREA SCHOOL DISTRICT (b) County of Residence of First Listed Plaintiff Dane (Wisconsin) County of Residence of First Listed Defendant Fayette(PA) (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. (c) Attorney s (Firm Name, Address, and Telephone Number) Marcus B. Schneider (STEELE SCHNEIDER) Attorneys (If Known) 428 Forbes Avenue, Suite 900, Pittsburgh, PA (412) II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC State Reapportionment 120 Marine 310 Airplane 362 Personal Injury Other Food & Drug 423 Withdrawal 410 Antitrust 130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC Banks and Banking 140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC Commerce 150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation & Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influenced and 151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations 152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV (Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service 153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodities/ of Veteran s Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange 160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge 190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilization Act 210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matters 220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act 230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus Security Act 871 IRS Third Party 895 Freedom of Information 240 Torts to Land Accommodations 530 General 26 USC 7609 Act 245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determination 290 All Other Real Property 445 Amer. w/disabilities Mandamus & Other 462 Naturalization Application Under Equal Access Employment 550 Civil Rights 463 Habeas Corpus - to Justice 446 Amer. w/disabilities Prison Condition Alien Detainee 950 Constitutionality of Other 465 Other Immigration State Statutes 440 Other Civil Rights Actions V. ORIGIN 1 Original Proceeding (Place an X in One Box Only) 2 Removed from State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT VIII. RELATED CASE(S) IF ANY DATE FOR OFFICE USE ONLY 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from another district (specify) 6 Multidistrict Litigation 7 Appeal to District Judge from Magistrate Judgment Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity) 42 U.S.C Brief description of cause Plaintiffs allege a deprivation of their First (Establishment Clause) and Fourteenth Amendment Rights CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint UNDER F.R.C.P. 23 JURY DEMAND Yes No (See instructions) JUDGE SIGNATURE OF ATTORNEY OF RECORD 09/27/2012 /s/ Marcus B. Schneider, Esquire DOCKET NUMBER RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

12 Case 205-mc Document Filed 09/27/12 Page 2 of 2 JS 44AREVISED June, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA THIS CASE DESIGNATION SHEET MUST BE COMPLETED PART A This case belongs on the ( Erie Johnstown Pittsburgh) calendar. 1. ERIE CALENDAR - If cause of action arose in the counties of Crawford, Elk, Erie, Forest, McKean. Venang or Warren, OR plaintiff or defendant resides in one of said counties. 2. JOHNSTOWN CALENDAR - If cause of action arose in the counties of Bedford, Blair, Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of said counties. 3. Complete if on ERIE CALENDAR I certify that the cause of action arose in County and that the resides in County. 4. Complete if on JOHNSTOWN CALENDAR I certify that the cause of action arose in County and that the resides in County. PART B (You are to check ONE of the following) 1. This case is related to Number. Short Caption. 2. This case is not related to a pending or terminated case. DEFINlTIONS OF RELATED CASES CIVIL Civil cases are deemed related when a case filed relates to property included in another suit or involves the same issues of fact or it grows out of the same transactions as another suit or involves the validity or infringement of a patent involved in another suit EMINENT DOMAIN Cases in contiguous closely located groups and in common ownership groups which will lend themselves to consolidation for trial shall be deemed related. HABEAS CORPUS & CIVIL RIGHTS All habeas corpus petitions filed by the same individual shall be deemed related. All pro se Civil Rights actions by the same individual shall be deemed related. PARTC I. CIVIL CATEGORY (Place x in only applicable category). 1. Antitrust and Securities Act Cases 2. Labor-Management Relations 3. Habeascorpus 4. Civil Rights 5. Patent, Copyright, and Trademark 6. Eminent Domain 7. All other federal question cases 8. All personal and property damage tort cases, including maritime, FELA, Jones Act, Motor vehicle, products liability, assault, defamation, malicious prosecution, and false arrest 9. Insurance indemnity, contract and other diversity cases. 10. Government Collection Cases (shall include HEW Student Loans (Education), V A 0verpayment, Overpayment of Social Security, Enlistment Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types), Mortgage Foreclosures, S.BA. Loans, Civil Penalties and Coal Mine Penalty and Reclamation Fees.) I certify that to the best of my knowledge the entries on this Case Designation Sheet are true and correct Date 09/27/2012 /s/ Marcus B. Schneider, Esquire ATTORNEY AT LAW NOTE ALL SECTIONS OF BOTH SIDES MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.

13 Case 205-mc Document Filed 09/27/12 Page 1 of 1 COMPLAINT-EXHIBTI 1

14 Case 205-mc Document Filed 09/27/12 Page 1 of 1 COMPLAINT-EXHIBIT 2

15 Case 205-mc Document Filed 09/27/12 Page 1 of 2 AO 440 (Rev. 12/09) Summons in a Civil Action FREEDOM FROM RELIGION FOUNDATION, INC., et al. Plaintiff UNITED STATES DISTRICT COURT for the Western District District of Pennsylvania of v. ) ) ) ) Civil Action No. CONNELLSVILLE AREA SCHOOL DISTRICT Defendant ) ) ) SUMMONS IN A CIVIL ACTION To (Defendant s name and address) CONNELLSVILLE AREA SCHOOL DISTRICT 732 ROCKRIDGE ROAD CONNELLSVILLE, PA A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are MARCUS B. SCHNEIDER, ESQUIRE STEELE SCHNEIDER 428 FORBES AVENUE, SUITE 900 PITTSBURGH, PA If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date Signature of Clerk or Deputy Clerk

16 AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. Case 205-mc Document Filed 09/27/12 Page 2 of 2 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date). I personally served the summons on the individual at (place) on (date) ; or I left the summons at the individual s residence or usual place of abode with (name), a person of suitable age and discretion who resides there, on (date), and mailed a copy to the individual s last known address; or I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) I returned the summons unexecuted because ; or, who is ; or Other (specify). My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date Server s signature Printed name and title Server s address Additional information regarding attempted service, etc