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HomeMy WebLinkAbout03-1876IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. TINA D. ADAMS CASE NO. 03-- f F (o CIVIL ACTION - LAW JURY TRIAL DEMANDED You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by 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. Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. TINA D. ADAMS CASE NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes, Cory A. Cormany, Plaintiff, and sets forth causes of action against the above named Defendant, wherefore the following is a statement: 1. Mr. Cory A. Cormany is an adult individual residing in Cumberland County, Pennsylvania. 2. Ms. Tina D. Adams is an adult individual residing in Cumberland County, Pennsylvania. 3. Plaintiff, Cory A. Cormany, is a high school graduate, a university undergraduate, a taxpayer, a registered voter, a citizen, a confirmed methodist, and a veteran of the United States of America. 4. Defendant is Tina D. Adams, a company supervisor employed by McDonalds Co. of Carlisle, Pennsylvania; (McCopCo. Franchises). 5. The plaintiff is an equal opportunity applicant interested in McDonalds Co. of Carlisle, Pennsylvania; (McCopCo. Franchises). (1) 6. In or about the month of September of the year 1997, the plaintiff did pursue an employment application at the McDonalds Co. of Carlisle, the High Street location, authentic a documentation. 7. Pursuant the objects described in the aforementioned statements, the plaintiff, Cory A. Cormany, did follow-up and pursue employment opportunity at the McDonalds Co. of Carlisle, the Walnut Bottom Road location, throughout the years 1998 and 1999; (The Golden M Corp.). 8. To or about the month of April of the year 2001, the plaintiff did retain and service an employment application at the Ames Dept. Stores of Carlisle, the Old M.J. Mall location, foregoing a timely full-time employment. 9. Preceding the issues described in the aforementioned statements, the plaintiff, Cory A. Cormany, did achieve and retain employment opportunity at the McDonalds Co. of Carlisle, non faulted an expiry period, obligatory a minor child; (Alexandria Christine). 10. In or about the month of September of the year 2002, the plaintiff did sustain an employment application at the McDonalds Co. of Carlisle, argumentative several entailed locations, liberal a documentation. 11. Preceding the events described in the aforementioned statements, the Plaintiff, Mr. Cory A. Cormany, did remand and follow-up employment opportunity at the McDonalds Co. of Carlisle, the Walnut Bottom Road location, supplemental all available locations; (The Golden M Corp.). (2) 12. Pursuant the foregoing business the defendant, Tina D. Adams, did divorce the plaintiff, Cory A. Cormany, allegorical an alcohol/driving issue; nonreliable a vehicle and a decree, and did marry a convicted narcotics offender, substantial an equal opportunity employer. 13. On or about October 4th of the year 2002, circumstantial an employee (Thomas Minic), the defendant, Tina D. Adams, did directly circumvent a decision; and, did deny the plaintiff, Cory A. Cormany, employment opportunity pertinent The Golden M Corporation. 14. On or about November 4th of the year 2002, rhetorical a public official (Fredric Colbertson), the defendant, Tina D. Adams, did once again deny the plaintiff employment opportunity circumstantial the Health and Safety, Equal Employment, and Human Relations Commissions of the Commonwealth of Pennsylvania. 15. The Defendant, Ms. Tina Adams, did prejudicially discriminate with neglect and malice, subordinately causing mental anguish, public humiliation, emotional duress, and deprivation of equal right reliable the Plaintiff, Mr. Cory Cormany. 16. The Defendant, Ms. Tina Adams, did deliberately cause Mr. Cory Cormany lost wages and employment, benefits and expenses in the foregoing amount, excessive a potential amount of Ten Thousand and 00 Dollars (10,000.00), respectfully submitted exhibits A through F. (3) 17. By reason of the aforementioned; Mr. Cory Cormany has suffered discrimination, mental anguish, public humiliation, emotional duress, constitutional deprivation, loss of wages and employment, benefits, and expenses as a result of the defendant, Tina D. Adams. WHEREAS, plaintiff, Cory A. Cormany, claims from the defendant, Tina D. Adams, punitive and compensatory relief in an amount in excess of Ten Thousand and 00 Dollars (10,000.00), plus costs of any proceeding. (4) I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Ms. Tina Adams are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn verification to authorities. Dated ) 3 Q By Witn?r- ' Cory A. Cormany t By -? _ Notary IWIff"LIM !lOM P. CUrriM NO MY PUNX CWWN Mom^ cmmb~ Comity Ib C=="= NVkM UftVh R 9004 (5) AND NOW, this day of 2003, I, Cory A. Cormany foregoing the aforesaid matter knowledgeable a legal pretext, and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person or by the United States Mail at Carlisle Pennsylvania, addressed as follows: Ms. Tina D. Adams McDonalds Company 905 Walnut Bottom Rd. Carlisle, PA 17013 Esquire Noted: Cory A. Cormany 1883 Douglas Dr. Carlisle, PA 17013 •t.:.*?Y_'•'?_r t'?:['t+r. af. 7 .` • _itd: ? ,-. ': _?tCL!_ ' .vii .? .AZc ?K'ht !L ti t i :..._ _..,_ - . nr. ?r. _,'? /Y..?L. ? __........__ .. .... __._...? _• -__ .. _ .. -- •. ,raOli?„f?i :.Jw.•. ,/p , 0.51^'?la•"4 ?.M`? .xSs_Vt ?:?`%}f7 ?, .1:,r ?I YLS?rY i.'?11/lnh!1. t'.N' f•±?i d.M:d [.a "'?::.. . _. ±rM!•?M?MI?tI. 1?' ,_'_"!"? .iN rYlhEYlat?L..r , a+td _i?._ te` ?-.. .,_.._. .._ _ __ __ -' `?r/.'ar?Mif.- ., . •`"T ~lf? .a "? rr ?•: ' 'J r t 1M ? air :..+;,'. :l,s?. Z'lMlgNeR?ICI?.-•. Y..:;.,,.n...u.-? ,/ As To ?NTROa FOR YOUR THANK YOU FOR YOUR PARTI am"ON NM OF REFINVAL FROM PEWWLVANIA JOB NM ti.`f lb .- Ce too ? :X ]y"` :!r, ,. r AIYdQdM *oar I At ?G' s.?, ApOC. i/0. (? ?O 2 ?V 1s 13 S,I it n)portln4 t0 Eillill to s .. ,.? a• /-P n• to MMY fW 91rmw?tllAktinq' ±. . o,Wr O Art tNrOtrd 1 fer &m!%yeo un: ""ft notr "ur d CMM tkld 1r MM this Wo as coon K . a. •-.ra. _ _ . ., « +, DOI rppicrnt M"md r•r int rvl•vr ttOaibN? ? Nkrd ` •s!x,F?,. . -w? rt: ,,.Y., Ora rpolrant rartrd roNrd in 7trh?4p wakAt+Wniy ;?-r,--- VAW ?n 11rtr _____ ,;. 'i y; lMrren not NMrd: O JN Rind O RrANM' i1?'',' r, . ?` + p. frMd to !WPM 13' 1 M" ?r'?i7N:Ya` 1. ?,. ? . S'+• 1f.aa j"t ?-:'rsf???.'.a /IT.',: ?? (ti •.... wipe- • . ::w. rq ?Y•M'Y r i'1l*n .7w`-.`. _ • ... . _... wrrlpR •+ds.UYn?in?1'?:. -.. .... .. . ..:.-.i.iM.•r?+•,.'wf.w...+r-rwY rl+..,• ...... a..:..uA,.,?.;; •1F,r,.., I re r 'i .-.. .. ..., `4.x,4«rrAlKlMi•;•aa. ?,,L.. ',rk>'+.r/;,.g.«,/r..Ly„1'li'rf".•?!M!'.Mffr+t?'rt+sl"'?+?s ''? -. .. s?NrJM.<.:• .. ?s:-.. .. .. - _ .- (93 EMPLOYMENT TRAINING AND EXPERIENCE SUMMARY 1. MCDONALDS OPENING PROCEDURES A) Front Line C) Stocking/Truck B) Grill Section D) Maintenance 2. MCDONALDS CLOSING PROCEDURES A) Front Line C) Backroom/Parts B) Grill Section D) Maintenance 3. MCDONALDS DAILY OPERATIONS A) Front Line C) B) Grill Secti Lobby/Drive Through on D) Maintenance 4. MCDONALDS EQUIPMENT KNOWLEDGE A) Front Line C) Fryers/Walk-ins B) Grill Section D) Maintenance 5. MCDONALDS MANAGERIAL POLICIES A) Front Line C) Opening/Closing B) Grill Section D) Maintenance 6. MCDONALDS ADVERTISING POLICI ES A) Front Line C) B) G ill Promo Sales/Menu r Section D) Maintenance 7. MCDONALDS RESOURCE POLICIES A) Front Line C) References/McCopco B) Grill Section D) Maintenance 8. SPECIAL DETAILS A) As Assigned (1) P3 g• ->M 1464 L=? 1? p•t v Ct3 ? i ?• ?% i•r i ? r f ?. rip tY ?t irk •••? iwrt ?.• Il' h tz •/ • +a r +rt uo S14 0.0 N ,?z a. r I?t r~ 1? S % 1 f a i 1 y s o r ? C n 2 i r J ? ?L\ ? tv, >? i o ?- z CA h c? K G C ?.? . ?, ``/' C. C/I -. ",I,vr F5 NO NOTR.TTd N•CLAIMANTs VOTE AT: CHURCH OF 910 CAVALRYOROAD YOU ars adviaad that` PINING f ?Co. any is not w, Card ro Ole ce offas onfl to the Lime 10 voter y primary or election your that it ;s no, y to Arfailn! K at the !?rra Of Ofm4 it is nOt IF YOU WANT TO FIND A JOB THRU THE FACILITIES OF THE PENNSYLVANIA JOB CENTER, You. MUST xEEP YOUR APPLI. CATION FOR WORT( ACTIVE BY REPORT- rN 30 DAYS. YOU WILLM IS AT INTERVALS OF NO LONGER THAN EMPLOYMENT RM 30 DAAYAFAS<m THE LAST DATE VMMD, TO CONTINUE YOUR PERIOD OF WORK THE HE jog AVAILABILITY. YOU MUST REPORT TO T CENTER WHEN REQUESTED OR BEFORE THE END OF THE 30 DAYS. FAILURE 70 CONTACT THE JOB CENTER WILL R>zSUIT IN YpUR WORK APPLICA. T'M BECOMING INACTIVE. 4* a WrVW41W DATES NOTIFY THE P904nVAMA JOB CENTER PROMPTLY OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER PLEASE KEEP YOUR ''APPLICANT'S RECORD CARD- ONE YEAR AFTER YOUR LAST VISIT TO THE JOB CENTER. ES-380S REV 10.50 ??Qrirrar,pr ?pn n,ras!prt Ot Cumbsr!anp COUnty pa CERTIFICATE Op REGtSTFIATIOIV DUP This Certifies Date-1_2/?19Z that .--- _ 1883 DOIJIGyAS,DRCO- A ?. R4CAR* pANy Has been of registered as the above aistrict a zNPEPEND No awry Ot@r 4 4". Mob. Who Must Register D With few receptions, all male U.S. citiuns and male immigrant aliens residing in the U.S. and its territories Piace the proper must register within 30 days of their I Sth birthday, postavc on the Refer to the chart below for specifics: Registration Card Cste?ory - and mail back to the j I}fye {no MAIL It. Selective Service All male t_t } it1IPTts itorr After LJKemhet 11, I')J4, - -I'_-_I JJJ who are 1• but not yet -6 vests old. except as system. noted below: • Jlditsrv.related - - ___ ---_- -_j-_---; -- ?Iembrrx o! the Armed Forces on active d t y u naive duty rot mitntng hies not wnstitute "active duty For regutrahor • yk. " . . purposes, Cadets and \l,dsht men Jt } I ` ? _ ._!y;•. ervi.e -kcsdemles r t.oasr(;uat'd 1_adetrty ' r dt s ut th \lctcyant tlJnne Awdemv - f +t•- , •, e'?M?" nx "' .. - Students in OfFcer Pro utement Programs at'Che Ctrad t N • lj c . nrth eorc,a College. Xo, wich La s•erurv, and Virstinja \-ilit • srv tmttture "::.?.+ra:a?_. National guardsmen ird Reservists not on ,t fiw du+v Delayed Entry program rnlisue. ' • ROrt:.ludent., tesLtsUr. aaSrfSA rs +•tfeV •'epara lees;t,n-t A,t,t,: 'sliht n'crrvlu ' "• . a a,a, or Jnc team p ?C err! .C3 IL4 _h tre tf;$1 STd,. ?''ihC' M t!wt•• iisF?/,. \len ie" ted ,c r rnl intro h,r t unv reason betor E Ct,'d Air Patn,l I • mcmnrr; I Aliens-- I e1411;?t' ?S a ? ?t •_ tul nonuetntgrJni r• Liz i t + - a ;.?, , n visas it tnd lulJf persr,nnel 117.1 1 "T dies, forngnPf d tvurtst l w s rT_•r a ...:_ firer.. r ts, s rr ith Cr t lexp,red Fnrms r-44. . ssln !•vjq, „• Bo d I u, . P .. 8 p ocurrtenrs;-ly,, 1•INA, L_ r er - • , PamancntresidentAft °r!•JJ;p f After You Register Watch Your Mail! Within 9o davs after registering, YOU shouid receive in the mail a Registration Acicnutvledgment Card from Selective Service which will provide you with a ,:opv of your registration record. Safeguard that document since it will serve as official Proof of Your regisaratiorl. If you do not receive a Registration Acknowledgment Card within 90 t days after registering, it is very important that you verifv that your registration has been received. Verify or check your registration on-line http.//xvw.sss.gov?, c:tU 1-888-635- t823, or write u): Selrtaive Senice System, Registr'atlon Information Office O. Box 94638, Palatine, IL 60094.:638. en, } Srectar r e,x.,tal I a rc r - ' i Keep Us Informed of i1 - F• ut urJ! workers (1-688 ' - Changes i register, the lacy a)an to Keep `• c•"'- s.,cs,„,. t .x _ ,hero - t -- - informed of your address Lhang? ice - I • r Once you 4 SPeual agricultur'll tcorkers r! 688'A; r Refugee, parolee Jn4 ass•lre Undo umentrd ille { Rat • aliens- ?. within to days 3ak.,'+1?Y?tii ?uat nJ ;ona! t' - __ _ ?_ ! \ ached oil Wat+.ws.tr :.... _ S .Wizens without delay • r You can inform Confined - selective yo SerV ask • - !? ice of an address change 'f"•'1 Jt k t e, IneJrccrated, or h0sp1011?1.ed or rrairuNnnJiized for t by writin IO t 1 i tc :.'w• --edicaf reasons ' g he address above p _._. _ 1 may go to any or you 6•s ,. Handica - ._-- s' Post otfice for a PPt'd PhV$iuuv or m --- -- '- _ Change-of-1 'C.. 111145 Able to funcnon in p - entally _ t---1 - .ablic wttn o n rtnatton Form iSSS Form 2), fall it 77 . 8 4 ' 1 f fi _ r without auistancr --- ual o t onhn? out and mail to Selective S ? ? 1?Y'at '? A M k r: r inst to a residence, hospital. --' - f itu tion ervice. I?i1 r ll> - - . Ato,rreyuerr;thm _ • 30 da., of,,*. t uish. __J_ when pleased ai For more information, see back 110 . •:.,, , or unless exert >e d r ase' 26, or alre•d ","'deers of Poeren f unna entire r' , resisrered ' Pe eod ye Is rhrouaA Rxo y Gu Panel. - y s ` .1 - . . . am, V are L.S. cit'"n.+_ Ghrens of n Islands, and NoriAern Maury Islands r,rrw.wn Btoaare n wAert •Aev are hubir t ..s? W ; at: . a ual M ionals ;danrs in the and must rasrer Presumed whenever United sister, li a nationd or a dtiun o li residence is islands or the F f th h i ' e r. s : ,.k4 -? e public e ederated States of \1;cronesta e ut public of the moee Man one the Marshal' r , l year In any st Uni . , ' . "^- '+?•s•`ai:++ren ? r •rt • .. a atus. ecept as a stn ted States for Soventrttenr of ha homeilnd. deer or entPlnt-ee of the . r •{, ?,r*r {- y,, ° - _ ._r I",+r+sfi',IS u x s..:+.• , ..s;.?,,.y.r .. - - -' - .. N.Y `Mrnlt •.?. + w.?r a,ry} t e? reaM6t?. ti.L , r Ftdef?lllllMlSYth?M?j ..tn..- vo,. . •.;e _ ' r'r•.vt x?+.. • "t' •¢'•sN`rppSr*,s.*r* s??'"'?^. `ueii4,?+„s• .. far" .;; t K t iea+,, Al 12, a ? ? U L .. 40) Ui - Y+i- J 1 ? i ?1! 6r T t V v co co i n V ? Y ti c 0 BALTIMORE CITY HEALTH DEPARTMENT NOTIFICATION OF ?RTH REGISTRATION 7I2is certifies tha ere is on file in the Bureau o f 1 Records of the Baltimore fit th De artniet a record of t= - O f ?g NABS of cRILDCory A Isy DAT! OF BtRTII Aug.? xx Mahe ru! K._ 66_17289 COMMMUONe1t OF KsALTH AND AE018'rRAR OF v'rwL RacoRns PLEASE BEE OTHER •? 21.091 789 too"" Mrth Do xp, Z ;j ; °? ar17,w "-34 •' ?' e?u Clue End& 'Z 1 DOIJOLAS on E M rota .a 0 CORY AUSTER CORMANY OF INOCULATIONS L SECG? TWO til4 ?lYA 1.lD FO11 CORY M01 CgFMAN ,cti SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 1989, by and between CORY A. CORMANY, hereinafter called Husband, and TINA D. CORMANY hereinafter called Wife; WI T.NES SETH: WHEREAS, Husband and Wife were lawfully married on 1?r,cember 1. 1^-l? in Cumberland County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have lived separate and apart from each other since March 27, 1989 and have consented to a mutual consent divorce; and WHEREAS. Husband and Wife desire to settle and determine their rights and obligations. NOW, THEREFORE, the parties, intending to he legally bound hereby, agree as follows: I. 5=aration. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. 2. Division of Prop-•ty, The parties have divided between them to their mutual satisfaction the household furniture, supplies and furnishings, and oilier articles of household property which have heretofore been used by them in common, and neither will make any claim to any such items which are now in possession or control of the other, except as otherwise set forth herein. The parties shall retain the respective automobiles in their possession and assume any obligations associated therewith. 1 3. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by hint or her subsequent to the date of separation, which occurred in March 1989. If any claim, action or proceeding is herea;ter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such elnrr•?, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. 4. Eguitable Property. This Agreement constitutes a division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this agreement adequately provides for his or her needs and is in his or her best interest, and that the Agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. 2 C(6,3) D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 5. Custody and Support of Ale aildri Husband shall pay to Wife for the support and maintenance of their minor child, Alexandria, born Decemb?r 16, 1988. ??Ie amount established by agreement of the parties or as established by a court of compete,it jurisdiction, said payments due hereunder to continue until said child reaches the age of eighteen (18) or graduates from high school, whichever shall occur last, dies, marries or otherwise becomes emancipated and so long as said child lives and resides with Wife. Husband agrees that so long as he has an obligation to support Alexandria that he will provide life insurance coverage in a sufficient amount, naming Alexandria as a beneficiary thereon, to insure the payment due hereunder. The Wife shall have primary physical custody of Alexandria. The Husband shall have the right of visitation in Wife's home on Saturdays between the hours of 5:00 P.M. to 7: 00 p.m. and Sundays from l: 00 p.m. to 5:00 p.m. This arrangement shall continue until such time as the Wife is satisfied that Husband's alcohol related problems are controlled. So as not to endanger Alexandria and that he is capable of caring for her due to her young age. When Husband has achieved the foregoing than the parties agree to rrnegn•iate an expansion of the -father/ daughter contacts to include times of partial physical custody. 6. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating 3 0 to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligations under ibis Agreement or under any instrument or document executed pursuant to this Agreement. 7. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek, any other remedy allowed it law o- equity. T?:v. par%.; -?relching this ?0^1 shall be responsible for the payment o,' reasonable legal fees and costs incurred by tile. other in enforcing his or her rights under this Agreement, or seeking such other remed,v or relief as may be available to him or her, Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 8. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she Us made a full and complete disclosure to the oth^r of all assets I)f any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 9. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they ;.ow exis,` or may hereafter arise. It is understood, however, that Wife, as of the sign;ng of Mi Agreement, his filed c-; act;on it divorce it th;r Cot<rt of Common Pleas of Cumberland County in which she alleges that the marriage is irretrievably broken. Both parties understand and agree that Wife shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 201(c) of the Divorce Code. Husband agrees that the marriage is irretrievably broken. 4 s . _ . _- . lU. ?eDlefPr?fntion of Par i 1 bs r`ou W. Each party has had the opportunity to have legal counsel to represent each of them in-the negotiation and preparation of this Agreement qnd has either been so represented or has voluntarily chosen not to be represented. Each party, has carefully read this Agreement and is completely aware, not or!;y of its contents, but also of its legal effect. -Add o a?_r l ' r t ?Pqj. Each of the parties shall on demand o.? withb? reasonable period- thereafter, execute and deliver any and all other documents and do or cause to- be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with. the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 12• Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. i he failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of th,r parties. 14. Successors and Assigns, This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 15. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 5 0? of art With the approval of arty court of compstent jurisdiction ivoi':.: .r.ed*y,& >-wiy i'^ b-F Pe-ndi...Q u. ?' hl 'it ntr'V hrrr?t?'°a u'e r i,:s •s z tti: Agreet:amnt m-,Y be incorpo,?ated in any decree of •T1,solt<;r, divo;;.e Yhi,h rno tE t:, sa ` Gy said court. it the eveni the court shall fa-7 or decline io inro: porut, th, ovisions thereof in said de?reo, Then awl it that eve;Yt the parries. fi' Y.• i' r. 6itlQtP,,:? /srJ:r i,' ?!? lfla car.,v 0., al: Of tlTe opgvisic.ns ehe.,cof. It iT {: riser ^?-?;?' that r.,gardf?ss of ivhe:f rr said agree neat c,' any part th,-r a:." is inro pctated in any such decree, the same shall not be merged in said decree, but snici iv-esmen: and all the terms thereof shall continue, to be binding upon the parties an. e"li2i:i!*+'. is • • S; person. a representaiives and assigns. intending to be legally bound hereby, the parties i.gei.- hrnds and seals the day and year first above written W1,0-! S7 r?,_.-...._... _,.__.,.___._.._._.?._.,_..,. (SEAL) Tina D. Cormany X _ _ „? (SEAL) Cory A. Cormany 6 iRTM 12-16-88 ?FILaE 1542150-88 FLED 12-21-88 CM DATE a? CUMBEgLAND 0 02-09-89 tteo. OAT. 114111 SUBJECT FEMALE ALEXANDRIA CHIISTINIE CORMANY FATHERS 4AME AGE 22 Z-GRY AL I STER ;; IRMAVY MOT;IERS MAIDEN NAME AGE 23 T14A U'IREEN LI ,HTNER ?Pft noinie?oeru =o 11 wNn Aet K alme Y . loom w?e aeeniti ibt»eipj. tt? if' , O•oNt?wt w M.awn. C c GMII l NA11ll "A c9 QlOl111A11 "in. Nl.t 11t 1e1 C ALEXANDRIA CHRISTINE C-2RMANY 141 14 PdAFRET ST CARLISLE PA 17013 ?r 97L' 3- TINA D CORMANY VS CORY A CORMANY : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS : NO. 0359N1991 SOC. SEC. 195-60-0447 CONF- 04/03/91 01:30 PM MIC ID# 0090768 ORDER FOR EARNINGS REPORT AND SUBPOENA TO: MC DONALDS 905 WALNUT BOTTOM ROAD CARLISLE pA 17013 02/15/91 RE: TINA D COR14ANY BASED ON INFORMATION FURNISHED TO THE COURT THAT THE ABOVE MENTIONED PERSON IS CURRENTLY EMPLOYED BY YOU, AND BECAUSE IT IS NECESSARY THAT THE COURT BE ADVISED OF THE EMPLOYEE'S EARNINGS ITEMIZATION OF HIS/HER OTHER BENEFITS TOGETHER WITH AN LIMITED TO AUTOMOBILE ALLOWANCE, EXPENSE ACCOUNT,I RETIREMENTNBENEFITS, HEALTH AND LIFE INSURANCE COVERAGES, IN ORDER TO ADJUDICATE A MATTER OF SUPPORT; IT IS HEREBY ORDERED AND DECREED THAT YOU SUPPLY THE COURT WITH THE INFORMATION REQUIRED BY THE ENCLOSED EARNINGS REPORT AND FILE IT WITH THE COURT ON OR BEFORE 19 . IF YOU FAIL TO SUPPLY THE INFORMATION REQUIRED BY THIS ORDER, A SUBPOENA WILL BE ISSUED REQUIRING YOU TO ATTEND COURT AND BRING THE MATERIAL WITH YOU. BY THE COURT : J. DRS. 107 BROUJOS, GILROY 8 HOUSTON, P. C. ATTORNEYS AT LAU, JOHN H. BROL'10S F4UBER 7' X. GILROY 4 NORTH HANOVER STREET CHRISTOPHER C. HOUSTON CARLISLE, PENNSYLVANIA 17013 CERTIFIED, RESTRICTED MAIL RETURN RECEIPT REQUESTED March 28, 1994 Mr. Cory Alister Cormany 1883 Douglas Drive Carlisle, PA 17013 Dear Mr. Cormany: 0 717-243-4574 NON-TOLL FOR HARRISBURG AREA: 717-766-1690 FAX;243-8227 Our office represents John D. Adams, Jr. who has filed a petition to adopt your daughter, Alexandria Christine Corman for service upon you is a copy of the petition for adoptionoal ng with a copy of a March 23, 1994 Order issued by Judge Oler whereby a hearing is scheduled for Monday, May 16, 1994 at 1:30 p.m. The hearing in question is to terminate your parental rights of the minor child. The necessity for a hearing can be eliminated if you would be willing to sign a consent to the adoption. I have enclosed three copies of a proposed consent which we request that you sign and return to me in the enclosed envelope. This consent must be signed by you personally and you must affix the date and place of its execution. It must also be signed by at least two witnesses you must also affix their addresses and signatures and their relationship to you. I will be happy to discuss this matter with you or your attorney if you have any questions. Sincerely yours, Hubert X. Gilroy sm cc: Mr. & Mrs. John D. Adams, Jr. (:e) O O V •`2 a v t dat6 operationsi proved `o??y ?g?elvs sxeeptlonslq??4 s Skills i foa a ? i • • `moo ? ?scelve saf ? o :a? O&P Sir y? '}AT F ?. Y; N 5 v ww: • ? i T e e E ' k r +a'wud arj aped ihi ";rte • r? Is i . i i i i • • 1 4 '. What's in it for Yo Making new friends. Great pay & benefits. F" Scheduling to fit your needs. Working in an exciting, fast-paced environment. Opportunities for promotion & career growth. Learning new & different skills. Being a part of the world's most successful quick service restaurant team. Interacting With a diverse group of people. Being a part of this McDonald's family. i' After reviewing the information in this brochure, please complete the aft" hed tion and give it to a management team member. Your a rAmtion will be considered • active for 30 days - to be considered fort job after that you must reapply to this Independent McDonald's Fsee. PRODUCT NO. 4601132 (REV OQW0 LaC&*m This MCClonetd'e "ft-in ee i an !tool opportunity enVtoyw com Ot b a dNne wok brae. In Of4W to ealsl us in an our efforts, we Invite you to +alunteri?y provide rsspanses to tho following requeeh for inbrmetfon. Failure to respond me* 0 Myrieen Indian (t) 0 Whlb (I) / will not sub)ecf you to !Were! trestment. This form will be kept strleey confktenttU entl wilt not be rftlned with your 0 Fee ab Q i Now (a) r[ epp+lraticn Ndmrr b- Pw ded wit be treed oroy in *=wow" wild Inv and for spiral op wkgitr Wpoew v Aslsn Atttetlotrt ??• Mtldc IS) rat" to Q ?G7 I a W I QI Z I ! i J i 1 W s y f ! I OO V to f i r•I S? 1 O } O ? Alt I I I I i 1 O j } i a r ? i1 d i ?I f R. i i f I I ? a ¦ w i r .. y i I _ i I ? } F I II i i e F I ?I i i I ? ! I i i • I, I r ides t , i ff x ti c g, c g ! o m ?? i ? 10- g _ c cs 'Is -0 12 < C6 ff t n :6 a s 1(? fz $i 9 9E Y3 a sit I4? n a 8 E g i I S ? 1 ?I sill lip €66 ?"?^. ? ,' ?., Cam, ?'} - ` ? C/J ?? '?( r, S 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, CASE NO. 03-1876 Plaintiff V. . CIVIL ACTION - LAW TINA D. ADAMS, . Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Tina D. Adams, Defendant, for the sole purpose of filing Objections to jurisdiction and service of process upon Defendant. DATE: , 2003 Respectfully submitted, STOCK AND LEADER T?iothy P. uth, Es 're/ Supreme Co 6024 Susquehanna Commerce Center East 221 West Philadelphia Street, Suite 600 York, PA 17404 (717) 846-9800 I:\USERS\KB\TPR\KENMAR\ENTRYAPP.PRA C C:) 0 . to taa ?• N .^i 6D 32 -G TJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY CASE NO. 03-1876 Plaintiff V. CIVIL ACTION - LAW TINA D. ADAMS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Timothy P. Ruth, Esquire, an attorney of the law firm of Stock and Leader, Susquehanna Commerce Center East, 221 West Philadelphia Street, Suite 600, York, Pennsylvania 17404, hereby certify that I have, on the date below written, served a true and correct copy of the Praecipe for Entry of Appearance filed May 28, 2003, by first-class United States mail, postage prepaid, addressed to the party of record as follows: Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Date: June 3, 2003 a, Jt?(L)thy P. Ru , E e I:\USERS\KB\TPR\KENMAR\CERTIFIC. S V C C1 c:.+ ?. t. 'C7 ?,!_ - n-i r " r _ - rmC ,? c{? ??. ?? FC y LJ -ri .? tTY =? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, Plaintiff V. TINA D. ADAMS, Defendant CASE NO. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR ADMISSION PRO HAC VICE AND NOW COMES Timothy P. Ruth, Esquire, of the law firm of Stock and Leader, and a member of the Pennsylvania Bar, pursuant to the Rules of Court, to move for the admission pro hac vice of Yvette A. Heintzelman, Esquire and Alissa L. Gilfand, Esquire, to represent Defendant Tina D. Adams in the above-captioned action. Movant certifies that he finds the applicants to be reputable and competent attorneys, and Movant is in a position to recommend the applicants' admission. The applications of Yvette A. Heintzelman, Esquire and Alissa L. Gilfand, Esquire in support of this Motion are attached hereto as Exhibits "A" and "B", respectively, and are incorporated herein by reference. Dated: June A-, 2003 Respectfully submitted, STOCK AND LE. Y ADE C1- othy P. R i I.D. No. 26024 STOCK AND LEADER Susquehanna Commerce Center East, Suite 600 221 West Philadelphia Street York, PA 17404 (717) 846-9800 I:\USERS\KB\TPR\KENMAR\Pro Hac Vice Motion for Admission.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, CASE NO. 03-1876 Plaintiff TINA D. ADAMS, v. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED BY AND NOW comes Yvette A. Heintzelman, Esquire and files her Application to appear as counsel pro hac vice in the above-captioned litigation, and in support of her Application avers as follows: 1. I hereby request permission, pursuant to the Pennsylvania Rules of Court and Pennsylvania Bar Admission Rule 301(b), to appear as counsel pro hac vice for Defendant Tina D. Adams, in the above-captioned action, which is pending before this Court. 2. My office address is: Seyfarth Shaw, 55 East Monroe Street, Suite 4200, Chicago, IL 60603-5803. 3. I have been admitted to the Bars of the following Courts: United States Court of Appeals for the Seventh Circuit, United States Court of Appeals for the Eighth Circuit, United States Court of Appeals for the Ninth Circuit, United States District Court for the Eastern District of Wisconsin, United States District Court for the Central District of Illinois, United States District Court for the Northern District of Illinois, United States District Court for the Southern District of Illinois, United States District Court for the Northern District of California, United States Court of Appeals for the Eastern District of California, United States Court of Appeals for 1 CHI 10528500.2 the Southern District of California, the California Supreme Court I and the Illinois Supreme Court. 4. I am a member in good standing of the Bars of all of the Courts listed in Paragraph 3, above. 5. I am not currently suspended or disbarred in any Court. 6. The current attorney of record for Defendant is Timothy P. Ruth, Esquire, of the York, Pennsylvania law firm of Stock and Leader, and he is an active member of the State Bar of Pennsylvania. His address is Susquehanna Commerce Center East, 221 West Philadelphia Street, Suite 600, York, Pennsylvania 17404, and his telephone number is (717) 846-9800. 7. I have reviewed the Pennsylvania Lawyer's Rules of Professional Conduct and hereby agree that I shall be bound by them. 8. I and all attorneys associated with my firm who directly or indirectly provide services to the party of cause at issue shall be bound by all the Rules of this Court. 9. I consent to the appointment of the Prothonotary of the Court of Common Pleas, and the law firm of Stock and Leader, as agents upon whom service of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law under Pennsylvania Bar Admission s Rules 301(b) and any activities related thereto. 10. I do not maintain an office in the Commonwealth of Pennsylvania. WHEREFORE, Yvette A. Heintzelman, Esquire respectfully requests that this Honorable Court grant this Application to appear as counsel pro hac vice in the above-captioned pending litigation Respectfully submitted, Date: (0/6 103 .P.I A7??l?yvvG? Evette Heintzelman, Esquire ::ODM ATC DOCS\CH 1 \10528500,2 I am currently on inactive status in the State of California. CHI 10528500.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, Plaintiff V. TINA D. ADAMS, Defendant CASE NO. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes Alissa L. Gilfand, Esquire and files her Application to appear as counsel pro hac vice in the above-captioned litigation, and in support of her Application avers as follows: 1. I hereby request permission, pursuant to the Pennsylvania Rules of Court and Pennsylvania Bar Admission Rule 301(b), to appear as counsel pro hac vice for Defendant Tina D. Adams, in the above-captioned action, which is pending before this Court. 2. My office address is: Seyfarth Shaw, 55 East Monroe Street, Suite 4200, Chicago, IL 60603-5803. 3. I have been admitted to the Bars of the following Courts: Supreme Court of Illinois, United States District Court for the Northern District of Illinois, United States Court of Appeals for the Seventh Circuit, and United States District Court for the Eastern District of Michigan. 4. I am a member in good standing of the Bars of all of the Courts listed in Paragraph 3, above. 5. I am not currently suspended or disbarred in any Court. 6. The current attorney of record for Defendant is Timothy P. Ruth, Esquire, of the York, Pennsylvania law firm of Stock and Leader, and he is an active member of the State Bar of 2. CHI 10528496.1 Pennsylvania. His address is Susquehanna Commerce Center East, 221 West Philadelphia Street, Suite 600, York, Pennsylvania 17404, and his telephone number is (717) 846-9800. 7. I have reviewed the Pennsylvania Lawyer's Rules of Professional Conduct and hereby agree that I shall be bound by them. 8. I and all attorneys associated with my firm who directly or indirectly provide services to the party of cause at issue shall be bound by all the Rules of this Court. 9. I consent to the appointment of the Prothonotary of the Court of Common Pleas, and the law firm of Stock and Leader, as agents upon whom service of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law under Pennsylvania Bar Admission s Rules 301(b) and any activities related thereto. 10. I do not maintain an office in the Commonwealth of Pennsylvania. WHEREFORE, Alissa L. Gilfand, Esquire respectfully requests that this Honorable Court grant this Application to appear as counsel pro hac vice in the above-captioned pending litigation. Respectfully submitted, Date: ::ODMATCDOCS\CH I\10528496\1 2 CHI 10528496.1 ?_? l c. 1 '??,.,.. (/l 1. <'? , 1 ?? ? JJ -< (J ? JUN 1 3 2003 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, CASE NO. 03-1876 Plaintiff V. TINA D. ADAMS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this /(;'-day of ?, 2003, upon review and consideration of the Applications To Appear As Counsel Pro Hac Vice In Pending Litigation filed by Yvette A. Heintzelman, Esquire, and Alissa L. Gilfand, Esquire, and in consideration of the Motion for Admission Pro Hac Vice filed by Timothy P. Ruth, Esquire, of the law firm of Stock and Leader, in support of the Applications, it is hereby: ORDERED that the Motion for Admission Pro Hac Vice filed with respect to the Applications of Yvette A. Heintzelman Esquire, and Alissa L. Gilfand, Esquire, for an Order granting them permission to appear as counsel pro hac vice pursuant to the Pennsylvania Rules of Court is HEREBY GRANTED. BY JUDGE I:\USERS\KB\TPR\KENMAR\Pro Hac Vice Order.doc .? uNVn?,rsn.ra=0 -U :5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY PLAINTIFF, V. ) TINA D. ADAMS Defendant. Case No. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs, Tina D. Adams, in the above matter. STOCK AND LEADER \h cy By--t ? ' nF Dated Chnsrian F. Rhodes, Esquire Attorney for Defendant I.D. #89667 Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17404 FXSERS\KBUPR\KENMAR\Praecipe Entry of Appearance.doc M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY PLAINTIFF, ) V. ) TINA D. ADAMS Defendant. ) Case No. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christian F. Rhodes, Esquire, an attorney of the law firm of Stock and Leader, Susquehanna Commerce Center East, 221 West Philadelphia Street, Suite 600, York, Pennsylvania 17404, hereby certify that I served the within Praecipe for Entry of Appearance this day by first-class United States mail, postage prepaid, addressed to the party of record as follows: Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Date: 3 ?°? oh STOCK AND LEADER By 4 Christian F. Rhodes., Esquire Attorney for Defendant Sup. Ct. I.D. #89667 221 West Philadelphia Street Suite E600 York, PA 17404 Telephone: (717) 846-9800 FROM :LRW OFFICE OF JK JONES FRX NO..:717 240-0066 Mar. 16 2004 '11:32RM P2 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) CORY A. CORMANY vs. ( Plaintiff ) TINA D. ADAMS (Defendant) JURY TRIAL DEMANDED No. 03-187 Civil x ig 2004 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel who will argue case: (a) for Plaintiff: Pro Se Address: (b) for defendant: Christian F. Rhodes, Esquire Address: Stock and Leader 221 West Philadelphia Street Suite E600 York, PA 17404 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date-, April 21, 2004 Dated: ttorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY PLAINTIFF, V. TINA D. ADAMS Defendant. Case No. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christian F. Rhodes, Esquire, an attorney of the law firm of Stock and Leader, Susquehanna Commerce Center East, 221 West Philadelphia Street, Suite 600, York, Pennsylvania 17404, hereby certify that I served the within Praecipe for Listing Case for Argument this day by first-class United States mail, postage prepaid, addressed to the party of record as follows: Date: -5 "aA °?-\ Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 STOCK AND LEADER By- ( / Christian F. Rhodes., Esquire Attorney for Defendant Sup. Ct. I.D. #89667 221 West Philadelphia Street Suite E600 York, PA 17404 Telephone: (717) 846-9800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY Plaintiff, ) Case No. 03-1876 V. ) Civil Action - Law TINA D. ADAMS Jury Trial Demanded Defendant. DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant Tina D. Adams, by her attorneys, files her preliminary objections to Plaintiff's Complaint under Rule 1028(a)(4) of the Pennsylvania Rules of Civil Procedure. In support of her Preliminary Objections, Defendant states as follows: Plaintiff Cory A. Cormany, Defendant's ex-husband, filed a complaint against her on April 23, 2002 alleging that he was discriminatorily denied employment at a McDonald's restaurant which is owned by a company for which Defendant is the Director of Operations. 2. Plaintiff did not personally serve the complaint as required by Penn. R. Civ. P. 400, but rather served it by certified mail. 3. Plaintiff's claims against Defendant fall under the jurisdiction of either Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq. ("Title VII") or the Pennsylvania Human Relations Act, as amended, 43 P.S. § 951, et seq. ("PHRA"). As such, Plaintiff was required to file a charge of discrimination with either the Equal Employment Opportunity Commission ("EEOC") or the Pennsylvania Human Relations Commission ("PHRC") within 180 days (or, in the case of the EEOC, within 300 days if proceedings were initially instituted with a state or local agency). See 42 U.S.C. § 2000e-5(e)(1); 43 Pa. C.S. §§ 959(a), 962.Plaintiff neither alleged he filed a charge of discrimination nor attached documentation demonstrating that he had done so to his complaint. As such, his 1997 - 1999 and September, 2002 claims must be dismissed under Penn. R. Civ. P. 1028(a)(4) because they are time-barred. See 42 U.S.C. § 2000e-5(c)(1); 43 Pa. C.S. §§ 959(a), 962. Significantly, 180 days had already passed as to these claims by the time Plaintiff filed his complaint in April, 2003. 4. The remaining claims for alleged discriminatory conduct in October - November, 2002, must likewise be dismissed because while Plaintiff's complaint sat un-served, the statute of limitations on those claims has expired. See 42 U.S.C. § 2000e-5(e)(1); 43 Pa. C.S. §§ 959(a), 962 and Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976). 5. Alternatively, Plaintiff's complaint must be dismissed in its entirety because he has failed to exhaust his administrative remedies under Title VII and the PHRA. 6. The arguments and authorities supporting Defendant's Preliminary Objections to Plaintiff's Complaint are set forth in Defendant's Memorandum of Law in Support of her Preliminary Objections, filed contemporaneously herewith. 2 WHEREFORE, for the reasons set forth herein and in Defendant's Memorandum of Law in support of her Preliminary Objections, Defendant respectfully requests that Plaintiff's complaint be dismissed with prejudice. Respectfully submitted, STOCK AND LEADER y T othy . R h squire Supreme o ID 26024 By: Christian F. Rhodes, Esq Supreme Court ID #: 89667 Counsel for Defendant Susquehanna Commerce Center East 221 W. Philadelphia St., Suite E600 York, PA 17404 Phone: (717) 846-9800 Fax: (717) 843-6134 March \ °\ 2004 1:\users\Wtpr\kenMUTO1s. DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY Plaintiff, ) Case No. 03-1876 V. ) Civil Action - Law TINA D. ADAMS Jury Trial Demanded Defendant. CERTIFICATE OF SERVICE I, Christian F. Rhodes, Esquire, an attorney of the law firm of Stock and Leader, Susquehanna Commerce Center East, 221 West Philadelphia Street, Suite 600, York, Pennsylvania 17404, hereby certify that I served the within Defendant's Preliminary Objections to Plaintiff's Complaint this day by first-class United States mail, postage prepaid, addressed to the party of record as follows: Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Date: 3 ?q O? STOCK AND LEADER Christian F. Rhodes., Esquire Attorney for Defendant Sup. Ct. I.D. #89667 221 West Philadelphia Street Suite E600 York, PA 17404 Telephone: (717) 846-9800 4 ?-( nJ Lea \ I ( 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. KENNETH LEVINE CASE NO. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED N T You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by 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. Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. 03- l 876 V. CIVIL ACTION - LAW KENNETH LEVINE JURY TRIAL DEMANDED CONTP_L AINT_ AND NOW comes, Cory A. Cormany, Plaintiff, and sets forth causes of action against the above named Defendant, wherefore the following is a statement: 1. Mr. Cory A, Connany is an adult individual residing in Cumberland County, Pennsylvania. 1 Mr. Kenneth Levine is an adult individual residing in Cumberland County, Permsylvania. 3. Plaintiff, Cory A. Connany, is a high school graduate, a university undergraduate, a taxpayer, a registered voter, a citizen, a confirmed methodist, and a veteran of the United States of America. 4. Defendant is Kenneth Levine, an owner operator employed by McDonalds Co. of Carlisle, Pennsylvania; (McCopCo. Franchises). 5. The plaintiff is an equal opportunity applicant interested in McDonalds Co. of Carlisle, Peruisylvania; (McCopCo. Franchises). 6. In or about the month of September of the year 1997, the plaintiff did pursue an employment application at the McDonalds Co. of Carlisle, the High Street location, authentic a documentation. 7. Preceding the events described in the aforementioned statements, the plaintiff, Cory A. Cormany, did retain and remit employment opportunity at the McDonalds Co. of Carlisle, non faulted an expiry period, throughout the years 1988 and 1989; (The Golden M Corp.). 8. On or about February 1st of the year 2002, the plaintiff did file a criminal report pursuant Mr. John Adams, an ex-employee to The McDonalds Co. of Carlisle, the husband of Ms. Tina Adams; (Kenmar Enterprises Inc.). 9. On or about February I Ith of the year 2002, the plaintiff did pursue a criminal dismissal reliable Mr. John Adams, an instigator to The Commonwealth of Pennsylvania, the friend of Mr. Wayne Ziegler; (Order Of The Court). 10. On or about June 7th of the year 2002, the plaintiff did file a civil complaint pursuant Mr. Mathew Kennedy, an officer to The Carlisle Police Department of Carlisle, the corroborator of Mr. Jeffrey Kurtz; (Borough Of Carlisle Pennsylvania). 11. On or about December 3rd of the year 2002, the plaintiff did file a criminal report pursuant Mr. Raymond Motter, an ex-employee to The McDonalds Co. of Carlisle, the friend of Mr. John Adams; (Kenmar Enterprises Inc.). 12. On or about May 28th of the year 2003, the defendant did respond (2) a civil entry reliable Ms. Tina Adams, an operational director to The McDonalds Co. of Carlisle, the wife of Mr. John Adams; (Kenmar Enterprises Inc.). 13. On or about June 16th of the year 2003, circumstantial a legal service (Order of the Court), the defendant, Tina D. Adams, did directly circumvent a decision; and, did deny the plaintiff, Cory A. Cormany, employment opportunity pertinent a Pro Hac Vice. 14. On or about January 13th of the year 2004, rhetorical an attorney (Hubert Gilroy), the defendant, Tina D. Adams, did once again deny the plaintiff employment opportunity circumstantial the Health and Safety, Equal Employment, and Human Relations Commissions of the Commonwealth of Pennsylvania. 15. The Defendant, Mr. Kenneth Levine, did subordinately discriminate with prejudice and malice, negligently causing mental anguish, public humiliation, emotional duress, and deprivation of equal right reliable the Plaintiff, Mr. Cory Cormany. 16. The Defendant, Mr. Kenneth Levine, did deliberately cause Mr. Cory Cormany lost wages and employment, benefits and expenses in the foregoing amount, excessive a potential amount of Ten Thousand and 00 Dollars (10,000.00), respectfully submitted exhibits A through F. 17. By reason of the aforementioned; Mr. Cory Cormany has suffered discrimination, mental anguish, public humiliation, emotional duress, (3) constitutional deprivation, loss of wages and employment, benefits, and expenses as a result of the defendant, Kenneth Levine. Vd EREAS, plaintiff, Cory A. Cormany, claims from the defendant, Kenneth Levine, punitive and compensatory relief in an amount in excess of Ten Thousand and 00 Dollars (10,000.00), plus costs of any proceeding. (4) VERIFICATION 1, Cory A. Connany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Mr. Kenneth Levine are true and correct to the best of my infonnation, knowledge and belief i understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to rmsworn verification to authorities. Dated 3 , By Cory A. Cormany Witless By _0 J 1 ?Ly.W Notary NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PiiBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 (5) EXHIBIT A (6) NOW HIRING! Apply at your local McDonald's® today. Offers Good at Participating McDonald'sO Restaurants in: Adams, Cumberland, Dauphin, Franklin, Juniata, Perry, Lancaster, Lebanon, Schuykill and York Counties Pennsylvania. COUPONS FOR FEBRUARY AND MARCH INSIDE! I'm tovin' It f1h. nnw'Wa w%co,o..um. )e N 7 i 3 P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. o3-4* V. CIVIL ACTION - LAW TINA D. ADAMS JURY TRIAL DEMANDED You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without finther notice for any money claimed in the Complaint or for any other claim or relief requested by 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. Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 r 'n cAMax PH f76C, .,. ir CMiiietl FN t C3 RNUm RecaiPtFM ?y .')'; ! 14 (Entlpemxnt AspuNeth r Ra4inen Fee Q (Endorsemani RMUlrsy f'f,!I:-' r 0 , r,. TOM PMleys! FMS ,$ S'•,'.;' _a A SeM No T rMa A DAM..S ............... .---.... ...............8w.. O ShM4Mt nb.:w.H??Nq ? ? stare' C'ARr iSG? r- 170!3 EXHIBIT 3 c?? RE: District Attorney Defendant: Cumberland County John Adams Court House Square Carlisle, PA 17013 I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that at or about February 23, 1991, and through and about a judgmental action, the above named defendant did commit the following crimes: 1) 903. Criminal Conspiracy - a person is guilty of conspiracy with another person or persons to commit a crime if with intent of promoting or facilitating its commission he: (1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime; or (2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime. 2) 2705. Recklessly Endangering Another Person - a person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. 3) 2901. Kidnapping - a person is guilty of kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another fora substantial period in a place of isolation with any of the following intentions: (1) To hold for ransom or reward, or as a shield or hostage. (2) To facilitate commission of any felony or flight thereafter. (3) To inflict bodily injury on or to terrorize the victim or another. (4) To interfere with the performance by public officials of any governmental or political function. (b) Grading - Kidnapping is a felony of the first degree. A removal or confinement is unlawful within the meaning of this section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 years or incompetent, if it is accomplished without the consent of a person, guardian or other person responsible for general supervision of his welfare. 4) 3105. Prompt Complaint - a prompt reporting of public authority is not required in a prosecution under this chapter: Provided, however, that nothing in this section shall be construed to prohibit a defendant from V introducing evidence of the alleged victim's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence. 5) 4305. Dealing in Infant Children - a person is guilty of a misdemeanor of the first degree, if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children. 6) 5101. Obstructing Administration of Law or Other Governmental Function - a person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions. 7) 5108. Compounding - a person commits a misdemeanor of the second degree if he accepts or agrees to accept any pecuniary benefit in consideration of refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to an offense. 8) 5508. Disrupting Meetings or Processions - a person commits a misdemeanor of the third degree if, with intent to prevent or disturb a lawful meeting, procession or gathering, he disturbs or interrupts it. 903- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6 1973 2705- 1972, Dec. 6, P.L. 1482, No. 334, , 1, effective June 6 . 1973 2901 - 1972, Dec. 6, P.L. 1482, No. 334, , 1, effective June 6 . 1973 3105 - 1972, Dec. 6, P.L. 1482, No. 334, , 1, effective June 6 . 1973 4305 - 1972, Dec. 6, P.L. 1482, No. 334, , 1, effective June 6 . 1973 5101 - 1972, Dec. 6, P.L. 1482, No. 334, , 1, effective June 6 . 1973 5108- 1972, Dec. 6, P.L. 1482, No. 334, , 1, effective June 6 . 1973 5508- 1972, Dec. 6, P.L. 1482, No. 334, , 1, effective June 6, . 1973. I, Cory Cormany, hereby verify that the facts set forth in the above are true and correct to the best of my knowledge or information and belief and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unworn falsification to authorities. Dated By Cory A. Corma-n?? INCIDENT REPORT Criminal Conspiracy: In that John Adams did knowingly and intentionally facilitate the commission of a crime promoting a solicitation capable a Defendant. Recklessly Endangering Another Person: In that the Defendant did engage in conduct which did place another person in danger of bodily injury. Kidnapping: In that the Defendant did relocate and confine a minor child from the rightful guardian substantial a distance and political a deception. Prompt Complaint: In that the Defendant did subject indecent conduct questionable an authority, or guardian, which did fail an official report. Dealing in Infant Children: In that the Defendant did deal in a humanitarian trade by buying a custodial obligation substantial an infant child. Obstructing Administration of Law or Other Governmental Function: In that the Defendant did interfere and pervert a violence breaching an official document affirmative an action, and liable a governmental function. Compounding: In that the Defendant did accept pecuniary benefits considerate an information, and reportorial the suspected commission of a crime. Disrupting Meetings and Processions: In that the Defendant did intentionally prevent and disturb conversations and meetings between two lawful guardians interruptive a minor child. I petition that a warrant of arrest or a summons be issued and that the Defendant be required to answer the charges I have made. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. Daed Dated C4- r 0. Signature Signature I NManw S" Nwen D. eneeo. NMr# Pwdk ery Mas Twp.. EpIrN,Mre 2a, CYV= Lntl Caun062 WtlWmiewon MyCpn Mwoor. Pennsywme Anonatw d Nobles AFFIDAVIT On January 19, 1991, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural child. Proceeding such noncommunicative relation. I did proceed established visitation for my said minor child on February 2, 1991, and did again find the whereabouts hindered. On February 9, 1991, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the residential vacancy once again. Proceeding such incident Mr. John Adams did inform me by telephone that I was not permitted to contact the said natural child or the opposing guardian. On February 23, 1991, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural child. Proceeding such incident Defendant John Adams did physically confront me purposeful the said established time, and did envelope a dangerous altercation. After or about the aforesaid date and time, mentioned in the aforesaid paragraph, the Defendant John Adams did suppress evidential endulgences later verificative my recognition, and knowledge; substantial the civil case number 1:CV-95-0844, and did interfere and deliberately cause and pervert a breach in an official governmental function. The Defendant did prevent and disrupt affirmative meetings and gatherings documented an obstacle, and necessary a maintenance; Pursuant the Commonwealth of Pennsylvania, In February of the year 1991 and through and about November of the year 1991, I, Cory A. Cormany, did visit with my said natural child in and about the contact visitation area at the Cumberland County Prison, permissive and provided the said natural child's mother and my parents. Proceeding such times and events, irrelated the docketed visitation establishments; my said minor child would spend the weekdays with me or my said parents, up and until approximately June of the year 1992, During and through these foregoing time periods the said natural child did complain of incidental situations and circumstances abnormal a consideration, preponderate Mr. John Adams. I did submit correspondences, remissive actions and incidents to the Children and Youth Services of Cumberland County, and further did inform the county district attorney suspicious the Courts of Cumberland County. Such issues did include indecent allegations and conduct accusive both the Defendant John Adams and my parents; appeasable the said natural child's legal guardians. In the year 1993 and pursuant thereto and prior therein, I, Cory A. Cormany, was delivered legal notices regarding my parental rights, and a petition presentable the court of common pleas. I did respond to such formality and did confront Mr. John Adams' Attorney; Mr. Gilroy, pursuant to and prior the case number 64 in Orphans Court Division. Prescient thereto the monetary ramifications certified to my attention through a mail correspondence; my said minor child was to be relocated preparatory the Defendant John Adams. I did infact submit a retaliatory crossclaim to the courts and did appraise criminal propaganda, associated reliant the defendant's attorney and consensual the said minor child's mother; forthright an argument and a conviction, and did attend the official matter costly the order of the court pursuant further action. In December of the year 1994 and through and about a problematic legal judgment, I, Cory A. Cormany, did see and receive enfranchised reminiscences meaningful the said minor child's whereabouts, and indigent an extenuating issue endeavored an employment or affirmative educational dilemma. The Defendant John Adams has continually attempted and solicited situations and circumstances contemptual a deceptive relation mandatory a civil action. Mr. John Adams has procrastinated important objects profligative myself in the years 1995, 1998, 1999 and 2001 beneficial a criminal outcome and suspicious an informative indecent conduct. 1, Cory A. Cormany, on this J<,-L day of r??nc •?^ , of the year 2002, do hereby swear as a citizen and a voter of the CoQnonwealth of the United States that the above facts are true and correct to the best of my knowledge and belief. Cory A. Gorman Dated Witness I Nou w 9q1 j NWnD. 6naad Nobly PlAlk I 1iM Cow W n Eypi21?10?02 Aw..", P MyNanfa Assoc alion of Notanas EXHIBIT C cgs a COMMONWEALTH OF PENNSYLVANIA 1 V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-2091 CRIMINAL : CHARGE: APPEAL FROM SUMMARY PUBLIC DRUNKENNESS CORY CORMANY : AFFIANT: PTL. MATTHEW KENNEDY ORDER OF COURT AND NOW, this _ day of , 2002, upon consideration of the Commonwealth's Motion, the above-captioned appeal is hereby deemed DISMISSED as moot. By the Court, J. Jaime M. Reating Chief Deputy District Attorney Cory Cormany, Pro se Cumberland County Prison I COMMONWEALTH OF PENNSYLVANIA V. CORY CORMANY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-2091 CRIMINAL : CHARGE: APPEAL FROM SUMMARY PUBLIC DRUNKENNESS : AFFIANT: PTL. MATTHEW KENNEDY COMMONWEALTH'S MOTION TO VACATE SUMMARY APPEAL AS MOOT AND NOW, comes the Commonwealth of Pennsylvania who respectfully requests an order of this Honorable Court vacating the defendant's appeal as moot by averring the following: 1. On May 17, 2001, the defendant was charged under citation P1896187-6 for a summary violation of Publam Mr xi r Qa Drunkenness. A r_ Qc c 2. On October 11, 2001, the defendant filed a3or apl z? from summary conviction. At the date of that filinche 1 defendant had not yet been convicted of this summa --chaj_Zge which was pending a hearing before District Justice Correal. 3. On December 7, 2001, the defendant was found not guilty by District Justice Correal. 4. Despite the acquittal, this matter is still listed under this docket number for an appeal from summary conviction. WHEREFORE, the Commonwealth respectfully requests an Order of this Honorable Court deeming the appeal from summary conviction filed in the above-captioned case be dismissed as moot. Respectfully submitted, 7 ime M. C g Chief Deputy District Attorney THE COURT OF COMMON PLEAS CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - CRIMINAL L?W r° COMMONWEALTH JURY TRIAL OTN:PA 0211500 DOCKET FILE: NT-0000620-: Q TI You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by 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. Court Administrator Cumberland County Court House I South Hanover Street Carlisle, PA. 17013 EXHIBIT ?9? RE: District Attorney Defendant: Cumberland County Raymond Motter Court House Square Carlisle, PA 17013 I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that at or about April 21st, of the year 2002, and through and about a judgmental action, the above named defendant did commit the following crimes: 1) 901. Criminal Attempt - a person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime. 2) 2709. Harassment - a person commits a summary offense when, with intent to harass, annoy or alarm another person: (1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same; or (2) he follows a person in or about a public place or places; or (3) he engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. 3) 3105. Prompt Complaint - a prompt reporting of public authority is not required in a prosecution under this chapter: Provided, however, that nothing in this section shall be construed to prohibit a defendant from introducing evidence of the alleged victim's failure to promptly report the crime if such evidence would be admissible pursuant the rules of evidence. 4) 4702. Threats and Other Improper Influences in Official or Political Matters - a person commits an offense if he: (1) threatens unlawful harm to any person with intent to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter. 5) 4703. Retaliation for Past Official Action - a person commits a misdemeanor of the second degree if he harms another by any unlawful act in retaliation for anything lawfully done by the latter in the capacity of a public servant. 6) 4953. Retaliation Against Witness or Victim - a person commits an offense if he harms another by any unlawful act in retaliation for anything lawfully done in the capacity of witness or victim. 7) 5107. Aiding Consummation of Crime - a person commits an offense if he intentionally aids another to accomplish an unlawful object of a crime, as by safeguarding the proceeds thereof or converting the proceeds into negotiable funds. 8) 5503. Disorderly Conduct - a person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fight or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; (3) uses obscene language, or makes an obscene gesture, or (4) creates a hazard or physically offensive condition by any act which serves no legitimate purpose of the actor. 901 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2709- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 3105- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4702- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4703- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4953 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5107- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5503 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. I, Cory Cormany, hereby verify that the facts set forth in the above are true and correct to the best of my knowledge or information and belief and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unworn falsification to authorities. Dated By ;9ry A. Co any INCIDENT REPORT Criminal Attempt: In that Raymond Motter did intentionally act toward the commission of a crime constitutional a Defendant. Harassment: In that the Defendant did strike and shove a person subjecting contact which did annoy and seriously alarm people in a public place. Prompt Complaint: In that the Defendant did construe evidence that allegedly prompted an individual to report a crime. Threats and Other Improper Influences in Official or Political Matters: In that the Defendant did influence the decisions and opinions of a voter substantial an unlawful harm. Retaliation for Past Official Action: In that the Defendant did unlawfully harm or did cause harm to an individual, circumstantial an official action, in retaliation of a latter capacity. Retaliation Against Witness or Victim: In that the Defendant did unlawfully act out against a witness in retaliation of an official capacity causing or intending to cause harm. Aiding Consummation of Crime: In that the Defendant did intentionally aid another to accomplish an unlawful object and did safeguard the proceeds thereof, and did confess the conversion of a fund. Disorderly Conduct: In that the Defendant did intentionally engage in fight or threatening behavior violent an unreasonable act; that did involve obscene gestures and language physically offensive a condition. I petition that a warrant of arrest or a summons be issued and that the Defendant be required to answer the charges I have made. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. 'a -Ddt a 12, Dated Signature Signature NOWM Sod Helen D. Sneed. Nobly Pd* M ftmTW,O nbmieWCwry My Camr"W FxpY" J* 24.2006 hftmb r, ftv"Nwe Aao"m Of1*0 AFFIDAVIT On April 21st, 2002, I, Cory A. Cormany, did converse with the identified Defendant Raymond Molter at a female acquaintance of mine's home, sequestering attention to statements he made pertinent an individual named Kevin Shugharts. Mr. Shugharts evidently procrastinated statements to the Mr. Motter in the Cumberland County Prison important incidents and events heard my said; minor child (Alexandria Christine). Mr. Kevin Shugharts alleged to the Mr. Raymond Motter, that; [he] had previously smoked (crack) cocaine with an individual identified herein as John Adams (Cory's exwife's husband). During the aforedescribed event stated, the identified individual Kevin Shugharts; did litigate information to the Defendant Raymond Motter regarding the said; minor child, saying; quote a heresay episode, "She's getting to be prime meat", and that; [he], "wouldn't mind tapping [that], when she gets a little older." I did subject and further did interrogate the defendant, questioning the truthfulness of the applied insinuation. I did, on a prior occasion[s], remark and criticize the Defendant Raymond Molter substantial a civil suit I filed against a Carlisle Police Officer in 1994. 1 had informed Mr. Molter, that; I did infact complain of his said, extra curricular activities (drug usages), and was consequently maced for it. Such aforementioned information did become humorous to him, and did become common knowledge between the defendant and myself; after a given time period. I did conclude that Mr. Raymond Motter had talked indepth with the identified individual Kevin Shugharts on several occasions within the county prison, and had become additionally knowledgeable other illicit transactions, and an official domestic incident as well. It was expressed to me that, "Your daughter must becoming quite a looker Cory. Shugharts says John has big expectations for her." The Defendant Raymond Motter did continue rhetoric, and did speak as though Mr. Shugharts thought there was to be something impressionably wrong with the defined John Adams, and, that; Mr. Shugharts seemed to have problems himself with said; statutory issues. A Ms. Nicole Jastron did witness the conversation abroad in and at `her place' of residence. On June 7, 2002, I, Cory A. Cormany, did recognize a criminal complaint to the Cumberland County District Attorney. Proceeding the aforementioned date I did file a civil action in the Court of Common Pleas of Cumberland County alleging private and public affairs impermeable the objects of illegal and legal transactions, argumentative several Lawful Acts. I had been subjected a controversial incident regarding the Carlisle Police Department on that same, said; day, I did pursue the civil ramification allegary a summary matter. Coincidental my involvement with the foregoing, I did witness the Defendant Raymond Motter carrying on suspicious activity with an individual identified thereto as; Mr. John Adams. I had been observing Mr. John Adams prior therein the year 1994 circumstantial a visitation/custody obligation documented problematic my said; minor child. I had not ever met the defendant prior to or pursuant to, any interest, included the said; visitation/custody matter, prescient [his] whereabouts officiallv announced; that, particular year. Prescient the aforedecsribed incident litigated, the identified individual Nicole Jastron; did state deflamatory propaganda to me further her involvement with the Defendant Raymond Motter. Ms. Jastron did say that, "Raymond and I were talking about your daughter the other day." She said, that; she had brought herself to the subject of my visitation/custody arrangements saying she thought my situation [was], "messed up." Ms. Jastron did further the conversation by stating, "Raymond says, well ...you know what they say, old enough' to bleed, old enough to breed." It was my opinion that the aforesaid conversation was to be conclusive `her opinion' regarding the issues and incidents described colorful the Defendant Raymond Motter and Mr. Kevin Shugharts. On September 15th, 2002, I, Cory A. Cormany did converse with the individual Defendant Raymond Motter in the county prison that particular morning relevant the said; minor child, and the object of complaint. I had discussed this topic before with Mr. Motter in or about several other times, but did not seem to communicate a common ground. The defendant did become very upset over the arguments and issues at large, and did physically push and punch me, and did warn at the aforestated date and time, that; [I], "better not" snitch to anybody about what [he] had heard. The Defendant Raymond Motter did also tell me that our conversation in and around the month of April 2002, "was not" any of "their business", in obvious reference to the county administration and the local police; simply conclusive a situation and a circumstance logical an altercation. A C.O. Durnin, of the Cumberland County Prison, did witness and interrupt our said; intermediary, and did inform "us", we needed to "cool it" or else we would be; "locked up" pursuant a prison policy. Pursuant the aforedescribed event stated, the identified individual Nicole Jastron; did litigate information to me by telephone, acknowledging that the Defendant Raymond Motter had been smoking (crack) cocaine in her bathroom prior to his commitment to the county prison. She did continue to inform me that I was to tell the defendant "that", he [was] not to be welcomed in her home any longer, being said; that, the Mr. Motter and Ms. Jastron were allegedly (friends) prior to the said; prison commitment. At or about the time that I relayed the applied message to the defendant, he did become outraged and began yelling obscenities stating, "I hope that John Adams rapes your daughter Cory", and, "I don't care what Nicole says, she's nothing but a slut anyhow." The contents of the events and issues remarked and criticized leads me to believe the commission of crime has occurred; or is to occur, and that the defendant also is substantial (a) proceeding, applicable the Court of Common Pleas. I did additionally, pursuant the defendant's incarceration, helped the defendant with several legal problems. I was to be incarcerated a reasonable probated violation outstanding a situation and circumstance directly relevant Mr. Raymond Motter. I, Cory A. Cormany, on this &c S day of Qr« \,r , of the year 2002, do hereby swear as a citizen and a voter of the Commonwealth of the United States that the above facts are true and correct to the best of my knowledge and belief. Cory A. Cormany i? -15? a Dated Witness NoWW Seed Helen D. Sneed Notary Pd* Mddlesmc TM., CunberWW corx#y My Ccrmission Fires July 24, 2006 Member, Pmwnylvaris Assadason Of NaWm EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, Plaintiff CASE NO. 03-1876 V. CIVIL ACTION - LAW TINA D. ADAMS, Defendant JURY TRIAL +rrn a ~r -c rn PRAECIPE FOR ENTRY OF APPEARANCE fir' 0 zc c> TO THE PROTHONOTARY: cz Kindly enter my appearance for Tina D. Adams, Defendant, for the sole purpose of filing Objections to jurisdiction and service of process upon Defendant. Respectfully submitted, STOCK AND LEADER DATE: 2003 / Lothy uth Es ' e/ Supreme Co 6024 Susquehanna Commerce Center East 221 West Philadelphia Street, Suite 600 York, PA 17404 (717) 846-9800 I.IUSERSV,B\TPRIKENMAR?ENTRYAPP.PRA JUN 1 3 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, CASE NO. 03-1876 Plaintiff V. CIVIL ACTION - LAW TINA D. ADAMS, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this I4 day of wll-? , 2003, upon review and consideration of the Applications To Appear As Counsel Pro Hac Vice In Pending Litigation filed by Yvette A. Heintzelman, Esquire, and Alissa L. Gilfand, Esquire, and in consideration of the Motion for Admission Pro Hac Vice filed by Timothy P. Ruth, Esquire, of the law firm of Stock and Leader, in support of the Applications, it is hereby: ORDERED that the Motion for Admission Pro Hac Vice filed with respect to the Applications of Yvette A. Heintzelman Esquire, and Alissa L. Gilfand, Esquire, for an Order granting them permission to appear as counsel pro hac vice pursuant to the Pennsylvania Rules of Court is HEREBY GRANTED. BY rTHURT: JUDGE 1AUSERS\KB\TPRUCENMAR\Pro Hac Vko order.doc EXHIBIT (1l) JOIEV H. BROulos HUBERT X. GILROY BROUJOS & GILROY, P. c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 January 13, 2004 Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Dear Mr. Cormany: TELEP14ONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujos0broujosoroy.com hgilroy®broujosgilroycom NON-TOLL FOR HARRISBURG AREA 717-766-1690 Our office represents John and Tina Adams of 145 Kerrs Road, Carlisle, PA. Please accept this letter as a notice to you that you are not to come on the property of Mr. And Mrs. Adams at 145 Kerrs Road, Carlisle, PA. This notice is effective for any and all matters and indicates that you may not come on the property of the Adams'. Any effort by you to come on the property will result with the filing of a Trespass Action. Additionally, you are hereby notified that you should not have any verbal or written communication with Mr. Adams or with Mrs. Adams or with any of their children. Any attempts by you to contact thew after this time will be deamed to be harassment and we will turn the matter over to the appropriate criminal officials for prosecution. Please note that this No Contact Provision also applies to any place of employment of Mr. & Mrs. Adams. The frivolous litigation you have filed coupled with the efforts you have made to contact the Adams family is simply nothing more than harassment on your part and will no longer be tolerated. We will pursue all remedies with criminal prosecution and any civil remedies if necessary. Please just stay away! Sincerely yo rs qe X. Gil y y jmw cc: Mr. & Mrs. John Adams Pennsylvania State Police Carlisle Barracks Borough of Carlisle Police CERTIFICATIQN_QF_ SERVICE AND NOW, this -; day of 2004, 1, Cory A, Cormany foregoing the aforesaid matter knowledgeable a legal pretext, and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person or by the United States Mail at Carlisle Pennsylvania, addressed as follows: Mr. Kenneth Levine McDonalds Company 905 Walnut Bottom Rd. Carlisle, PA 17013 Esquire Noted: Cory A. Cormany 1883 Douglas Dr. Carlisle, PA 17013 ca ^? r? l7i n.? -t7 C7 • C:t ??? CORY A. CORMANY, IN THE COURT OF COMMONPLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TINA D. ADAMS, Defendant NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 19" day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected to personal jurisdiction of the court. BY THE ,Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se v,Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant 1> J n n ?Q -0V Jr., r? j I{ ?" '? r:',S11C?7f„OH1U'?d - ?-li ?? ;? 1-Q3?' 1 CORY A. CORMANY, IN THE COURT OF COMMONPLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TINA D. ADAMS, Defendant NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. OPINION and ORDER OF COURT OLER, J., May 19, 2004. For disposition in this civil case in which a pro se Plaintiff has sued his former wife' are preliminary objections filed by Defendant to Plaintiffs complaint. The preliminary objections include an objection based upon improper service.Z Defendant's preliminary objections were argued before the above court en banc on April 21, 2004.3 For the reasons stated in this opinion, Defendant's preliminary objection based upon improper service of the complaint will be sustained, and the service will be set aside. STATEMENT OF FACTS Plaintiff is identified in his complaint as "an adult individual residing in Cumberland County, Pennsylvania."4 Defendant is similarly identified in the complaint as "an adult individual residing in Cumberland County, Pennsylvania. ,5 1 See Plaintiffs Complaint, para. 12. 2 See Defendant's Preliminary Objections to Plaintiffs Complaint, para. 2; Pa. R.C.P. 1028(a)(1). 3 Plaintiff neither filed a brief nor appeared for the argument. "Plaintiffs Complaint, para. 1. 5 Plaintiffs Complaint, para. 2. Plaintiff's complaint appears to be related to a failure of a McDonald's restaurant franchisee (for which his former wife worked) to employ him.6 Representative of the largely unintelligible allegations in the complaint are these: 8. To or about the month of April of the year 2001, the plaintiff did retain and service an employment application at the Ames Dept. Stores of Carlisle, the Old M.J. Mall location, foregoing a timely full-time employment. 9. Preceding the issues described in the aforementioned statements, the plaintiff, Cory A. Cormany, did achieve and retain employment opportunity at the McDonalds Co. of Carlisle, non faulted an expiry period, obligatory a minor child; (Alexandria Christine). 10. In or about the month of September of the year 2002, the plaintiff did sustain an. employment application at the McDonalds Co. of Carlisle, argumentative several entailed locations, liberal a documentation. 12. Pursuant the foregoing business the defendant, Tina D. Adams, did divorce the plaintiff, Cory A. Cormany, allegorical an alcohol/driving issue; nonreliable a vehicle and a decree, and did marry a convicted narcotics offender, substantial an equal opportunity employer.7 Defendant indicates that Plaintiffs complaint was served by certified mail.8 No sheriffs return appears in the record. DISCUSSION Under Pennsylvania Rule of Civil Procedure 400(a), as a general rule "original process shall be served within the Commonwealth only by the sheriff." As has been stated by the Pennsylvania Superior Court, "[r]egardless of whether e See Plaintiff's Complaint, paras. 13-14 Plaintiff's Complaint, paras. 8-10, 12. a Defendant's Preliminary Objections to Plaintiff's Complaint, para.. 2. 2 the action is commenced by writ of summons or where, as here, the action is commenced by a complaint, service of process is essential to commencing the action. Proper service is a prerequisite to a court acquiring personal jurisdiction over a defendant." Ramsay v. Pierre, 822 A.2d 85, 89, (Pa. Super. 2003). Where service is improper, it may be set aside. Collins v. Park, 423 Pa. Super. 601, 621 A.2d 996 (1993). Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 19`h day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected to personal jurisdiction of the court. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY Plaintiff, V. TINA D. ADAMS Case No. 03-1876 Civil Action - Law Jury Trial Demanded Defendant. AFFIDAVIT OF TINA SAUTER I, Tina Sauter, after being duly sworn on oath, declare as follows: 1. Since January 17, 1994, I have served as the Controller for Levine Enterprises, Inc., which owns several McDonald's restaurant in Carlisle, PA. Levine Enterprises' office is located at 123 S. Pitts Street, Carlisle, Pennsylvania. 2. As Controller, I receive all the mail that comes to Levine Enterprises. 3. On or about April 25, 2003, I received via certified mail a Complaint with the case number 03-1876 and the caption, "Cory A. Cormany v. Tina D. Adams," from Cory A. Cormany, which was apparently filed on April 23, 2003. 4. On or about March 25, 2004, I received a second Complaint with the case number 03-1876, but it had a different caption than the first complaint - "Cory A. Cormany v. Kenneth Levine." Tiffany Rose, a Swing Manager, found the Complaint (with no postage) on the front counter of one of Levine Enterprise's McDonald's restaurants, located at 608 East High Street Road, Carlisle, Pennsylvania, and forwarded it to me at the office. I did not think that this Complaint was related to Mr. Cormany's April, 2003 Complaint since it had a different caption (the April, 2003 Complaint had the caption, "Cory A. Cormany v. Tina D. Adams). As such, I forwarded it to Hubert Gilroy, an attorney handling several other lawsuits filed by Mr. Cormany against Ms. Adams and her family members, including her children. 5. On or about September 28, 2004, I received a letter dated September 27, 2004 addressed to Mr. Kenneth Levine from Cory Cormany. Attached to the letter was an "Amended Complaint," with the case number 03-1876 and the caption "Cory A. Cormany v. Tina D. Adams," filed-stamped September 10, 2004 by the Prothonotary for the Court of Common Pleas of Cumberland County. 6. Attached to the September 10, 2004 "Amended Complaint" were several exhibits. 7. Exhibit D contains documents purporting to be sworn statements and verifications from the McDonald's employees referenced in Plaintiff's Amended Complaint. Each sworn statement alleges that the witness observed conduct that violated "codes pursuant to Health and Safety, Equal Employment and Human Relations Commissions of the Commonwealth of Pennsylvania." 8. I believe that Mr. Cormany, or someone acting on his behalf, forged each of these verifications. I base my belief on the following: A) The first "Sworn Statement" and "Verification" contains the name of a person - Walt Jawinski - who has not worked for Levine Enterprises since the early 1990's and whose last name is spelled incorrectly. His last name is Karczewski. B) The second "Sworn Statement" and "Verification" contains the name of a person - Annett Jones- who has not worked for Levine Enterprises since 2002. In addition, the witness's first name is spelled incorrectly - it should be spelled "Annette." Finally, this former employee got divorced and went by her maiden name - Snyder - through most of her employment with Levine Enterprises. "Jones" was her married name. 2 C) The third "Sworn Statement" and "Verification" contains the name of a witness - Nina Davis - who has never worked for Levine Enterprises. D) The fourth "Sworn Statement" and "Verification" contains the name of a witness - Susan Starner - who has never worked for Levine Enterprises. E) The fifth "Sworn Statement" and "Verification" contains the name of a witness - Eugene Foley - who never worked for Levine Enterprises. Levine Enterprises did employ a person named Mark E. Foley at one point, but not "Eugene Foley." F) The sixth "Sworn Statement" and "Verification" contains the name of a witness - Thomas Minic - whose worked for Levine Enterprises thought a prison work release program for a short time and left the Company in 2002. Additionally, the witness's last name is spelled incorrectly. His last name is spelled "Minnich." Further Affiant sayeth not. Tina Sauter SUBSCRIBED and SWORN to before me in County of Cumberland, State of Pennsylvania, this 3Mday of November, 004. C cq? No ry Public Notarial Seal Bridget Ann Corcoran, Notary Public Carlisle Boro, Cumberland County My Commission Expires June 10, 2006 Member, Pennsylvania Association of Notaries 3 r? `,? ...?, 4-?? c a i _ ; _,.- rr ?? •-..? r?;? -?.. t,_ i??,? l?j. r I .. , a _ ??i:;r. _..., f ?'? 1,,? c.,°r -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY Plaintiff, V. TINA D. ADAMS Case No. 03-1876 Civil Action - Law Jury Trial Demanded Defendant. DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S MARCH 25, 2004 AND SEPTEMBER 10, 2004 COMPLAINTS Defendant Tina D. Adams, by her attorneys, files her preliminary objections to Plaintiff's March 25, 2004 and September 10, 2004 Complaints under Rule 1028(a)(4) and 1028(f) of the Pennsylvania Rules of Civil Procedure. In support of her Preliminary Objections, Defendant states as follows: Plaintiff Cory A. Cormany, Defendant's ex-husbzaid, filed a complaint against her (captioned "Cory A. Cormany v. Tina D. Adams") on or about A.,pril 23, 2003 alleging that he was discriminatorily denied employment at a McDonald's restaurant which is owned by a company for which Defendant is the Director of Operations. 2. Plaintiff did not personally serve the complaint as required by Penn. R. Civ. P. 400, but rather served it by certified mail. 3. On March 19, 2004, Defendant filed Preliminary Objections because the Complaint was not served properly. In addition, Defendant argued that the Preliminary Objections should be sustained because Plaintiff's claims were time-barred and because he failed to exhaust his administrative remedies under either Title VII of the Civil Rights Act of 1964, 28 U.S.C. § 2000e, et. seq. or the Pennsylvania Human Relations Act, 43 P.S. § 951, et. seq. CHI 10802312.1 4. On May 19, 2004, the Court sustained Defendant's Preliminary Objections as to deficient service. Meanwhile, on March 25, 2004, unbeknownst to Counsel for Defendant, Plaintiff filed a second Complaint captioned "Cory A. Cormany v. Kenneth Levine," which contained new allegations. Plaintiff served this Complaint on Defendant by sending it to Mr. Levine regular mail. See Sauter Aff. 14. 6. Then, on September 10, 2004, Plaintiff filed an "Amended Complaint," with the correct caption of "Cory A. Cormany v. Tina D. Adams." He served the "Amended Complaint" on Ms. Adams by regular U.S. Mail on or about September 27, 2004. See Sauter Aff. ¶ 5. 7. Because Plaintiff's April 23, 2003 Complaint was not properly served, his service of subsequent Complaints by U.S. Mail is insufficient under Perm. R. Civ. P. 400(a). Additionally, Plaintiff's attempt to serve an entirely new complaint with a different caption, but under the same case number (03-1876) is entirely improper. As a result, Defendant's Preliminary Objections to Plaintiff's March 25, 2004 and September 10, 2004 Complaints for deficient service should be sustained. 8. The arguments and authorities supporting Defendant's Preliminary Objections to Plaintiff's March 25, 2004 and September 10, 2004 Complaints are set forth in Defendant's Memorandum of Law in Support of her Preliminary Objections, filed contemporaneously herewith. WHEREFORE, for the reasons set forth herein and in ]Defendant's Memorandum of Law in support of her Preliminary Objections, Defendant respectfully requests that Plaintiff's March 25, 2004 and September 10, 2004 Complaints be dismissed with prejudice. 2 CHI 10802312.1 Respectfully submitted, Yvette Heintzelman Alissa L. Gilfand SEYFARTH SHAW LLP 55 East Monroe Street Suite 4200 Chicago, IL 60603 (312) 346-8000 Timothy Ruth STOCK AND LEADER 221 W. Philadelphia St. Ste. E600 York, PA 17404 (717) 846-9800 Supreme Court ID #: 26024 Decemberly, 2004 TINA D. ADAMS B ez?A' ne of r Ayyyleys CHI 10802312.1 c" ? ?" -?.> _ -?- ? ? ? C':°7 ?:•; __ R ->- i -- n. °`r --? i- ? i -,?'a .;.; ?, ?? F' ,? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full.) CORY A. CORMANY (Plaintiff) VS. TINA D. ADAMS (Defendant) No. 03 Civil 1876 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Complaint for failure to properly serve Complaint. 2. Identify counsel who will argue case: (a) for plaintiff: Cory A. Cormany, Pro se Address: 1883 Douglas Drive Carlisle, PA 17013 (b) for defendant: Timothy P. Ruth, Esq. and/or Philip H. Spare, Esq. Address: Stock and Leader, Susquehanna Commerce Center East 221 W. Philadelphia Street York, PA 17404 3. I will notify all parties in writing within tw:) days that this case has been listed for argument. 4. Argument Court Date: February 2, 2005 , P41a' D A to., f - fe ant Dated: Dec" dam', r' ' ;"" c __? _ _-d ?'t - ' t '' ,?? ?.? .. ? ?, ?; ?;?:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORY A. CORMANY, CASE NO. 03-1876 Plaintiff V. CIVIL ACTION - LAW TINA D. ADAMS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Timothy P. Ruth, Esquire, an attorney of the law firm of Stock and Leader, Susquehanna Commerce Center, 221 West Philadelphia Street, Suite E600, York, Pennsylvania 17404, hereby certify that I have, on the date below written, served a true and correct copy of DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S MARCH 25, 2004 AND SEPTEMER 10, 2004 COMPLAINTS and the supporting AFFIDAVIT OF TINA SAUTER in the above-captioned action, by regular first-class mail, postage prepaid, addressed to the party of record as follows: Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 DATE: December 20, 2004 G thy P. uth, e IAUSERSTKB\TPR\KENMAR\Cert of Service - PO's.doc t "` _ ?: ;.> i 1 .d f ?. ? i .. ,. 1 i?_ i _.__ r: ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. 03-1876 V. TINA D. ADAMS CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to respond to the objections set forth in the following pages, you must take action within ten (10) days after this Notice is served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection. to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by 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. Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO.. 03-1876 V. CIVIL ACTION - LAW TINA D. ADAMS JURY TRIAL DEMANDED AND NOW, this day of _, 2005; upon consideration of Defendant Tina D. Adams' Preliminary Objections the Plaintiff moves to Dismiss the Complaint in response thereto the Affidavit set forth Ms. Tina Sauter, in consideration, it is hereby Ordered and Decreed that the said Preliminary Objections are moot, and the Plaintiff may proceed Complaint. J. cc: Stock & Leader Seyfarth Shaw LLP Levine Enterprises Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V TINA D. ADAMS CASE NO. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S DECEMBER 14, 20049S OBJECTIONS TO DEMURRER Plaintiff; Cory A. Cormany, by pro-se litigation, files his preliminary objections to Defendant's December 14, 2004 preliminary objections under Rule 1028(a)(4) and 1028(f) of the Pennsylvania Rules of Civil Procedure. In support of his Preliminary Responses and Brief, Plaintiff states as follows: 1. Defendant; Tina D. Adams, plaintiff's ex-wife, filed a response against her (captioned "Cory A. Cormany v. Tina D. ,Adams") on or about April 233, 2003 alleging that she was not discriminatorily denied employment at a McDonalds restaurant which is owned by a company for which Defendant is the Director of Operations. (4) 2. Plaintiff did personally serve the complaint as required by Penn. R. Civ. P. 401, but rather is serviced informally. 3. Affirmed, the preponderance of evidence is argumentative. 4. Affirmed, the preponderance of evidence is argumentative. 5. Affirmed, the preponderance of evidence is argumentative. 6. Denied, the preponderance of evidence is argumentative. 7. Denied, the preponderance of evidence is argumentative. 8. The arguments and authorities supporting Plaintiff s Order and Brief to Plaintiff's March 255 2004, and September 10, 2004 Complaints are set forth in Plaintiff's Memorandum of Law in Support of his Preliminary Objections, filed contumely herewith. WHEREFORE, for the reasons set forth therein and in Plaintiff's Memorandum of Law in support of his Preliminary Objections, plaintiff respectfully requests that Defendant's December 14, 2004 Preliminary Affidavit be hereby dismissed without prejudice. Respectfully Submitted, A. Corn (5) ' ' _ - CD tL u? =-c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. TINA D. ADAMS CASE NO. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED CORY C.ORMANY'S RESPONSE. TO UNA SA R'S AFFIDAVIT PURSUANT TO RULES OF CIVIL PROCEDURE 28 U S.C 1915o AND PROVISIONAL R C I'. 42 P.S.A. 1602 I, Cory Cormany, being duly sworn by affirmation, declare as follows: 1. Since December 14, 2004, I have been sewed by United States Mail by the Stock And Leader Law Office, a true and coiTect copy of Tina Sauter's Affidavit; whom is employed by Levine Enterprises located at 123 S. Pitt Street, Carlisle, Pennsylvania. 2. As Plaintiff, I set forth a response as in accordance with Procedure. 3. On or about December 14, 2004, I received by regular postage an Affidavit for the case number 03-1876; "Cory A. Cormany et. al. v. Tina D. Adams et. al.", from the law office of Stock & Leader, which was apparently (6) filed on December 14th of the year 2004. 4. On or about March 19, 20041- I received an argumentative response pursuant to R.C.P. 1028 (a)(4) for the case number 03-1876, but did not proceed response for the purpose of demurrer. I did not believe that the complaint merited further response in the nature of demurrer, and did proceed further Complaint. As such I have filed complaint pursuant Mr. Gilroy regarding my natural biological daughter and her mother; Ms. Tina Doreen Adams. 5. On or about December 13, 20045 I received a letter addressed to my family counselor; Ms. Linda Klinger. Attached to the letter is a Fax with the McDonalds Logo substantial Levine Enterprises Inc., for the Civil Case File 04- 1077 filed in the Court of Common Pleas of Cumberland County on March 12th of the year 2004. 6. Attached herein this December 27, 2004, are several exhibits. 7. Exhibits A - F are letters, faxes, and civil and criminal objects purporting truthful implication employable a future reference and Complaint. Each sworn deference alleges a "series of events" that [I] did witness pursuant a conduct and verification in violation to "codes substantial Health and Safety, Equal Employment and Human Relations Commissions of the Commonwealth of Pennsylvania." 8. As per iteration to the solvency of complaint and the American Bar Association I did produce liability argumentative a timely manner.- I base my following response: (7) A) Mr. Walt Jawinski may be spelled Mr. Walt Karczewski, however the identity is argumentative a said; proceeding. This individual can be identified. B) Ms. Annett Jones may be spelled Ms. Annette Snyder, however the identity is argumentative a said; proceeding. This individual can be identified. C) Ms. Nina Davis has been since married pursuant her said; employment with McDonalds (Levine Enterprises Inc.), however maintains termination costly a pregnancy and child. This individual can be identified. D) Ms. Susan Starner has been since divorced pursuant her said; employment with McDonalds (Levine Enterprises Inc.), however maintains termination costly an expression and policy. This individual can be identified. E) Ms. Eugene Foley has been :since deceased pursuant her said; employment with McDonalds (Levine Enterprises Inc.), however maintains termination costly a social security and grandsibling. This individual can be identified. F) Mr. Thomas Minnich has been since incarcerated pursuant his said; employment with McDonalds (Levine Enterprises Inc.), however maintains termination costly an institute and order of the court. This individual can be identified. Further Affiant sayeth so. S,joY,? av-)a 4-a i??- ? 2-rjTk of" , Z-6 0q NOTARIAL SEAL (g) JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland Count;, My Commission Expires April 4, 2005, ca co EXHIBIT A (9) FROM :LAW OFFICE OF JK JONES FAX NO. :717 240-0066 Mar. 16 2004 11:32AM P2 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO 'SHE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter fat the next Argument Court. CAPTION OF CASE (entire caption must be stated an full) CORY A. CORMANY VSO TINA D. ADAMS (Plaintiff) JURY TRIAL DEMAND ID:? (Defendant) No. .03-187-6 Civil X 29 .2004 1.. State matter to be argued (i.e., plaintiff's =A:;-on for rw_w trial., defendant's derwerex to c;anplaint, etc. Defendant's Preliminary Objections to Plaintiff's Complaint. 2. . Identify aonsel who will argue case: (a) fat Plaintiff: Pro Se Address: (b) f6r defendwti Christian F. Rhodes, Esquire Address: Stock and Leader 221. West Philadelphia Street Suite E600 York,.PA 17404 3. 1 will notify all parties in writing within two days that this case has beer listed- far argument. 4. Argument Court Date: April 21;.2004 ldvft? PRAECIPE FOR LISTING CASE FOR ARGUMENT Oopvp (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) CORY A. CORMANY (Plaintiff) VS. TINA D. ADAMS (Defendant) No. 03 Civil 1876 19 1. State matter to be argued (i.e., plaintiff's mention for new trial, defendant's demurrer to complaint, etc.) : Preliminary Objections to Complaint for failure to properly serve Complaint. 2. Identify counsel wbo will argue case: (a) for plaintiff: Cory A. Cormany, Pro se Address: 1883 Douglas Drive • Carlisle, PA 17013 (b) for defendant: Timothy P. Ruth, Esq. and/or Philip H. Spakd, Esq. Address: Stock and Leader, Susquehanna Commerce Center East 221 W. Philadelphia Street York, PA 17404 3. I will notify all parties in writing within tw:) days that this case has been listed for argument. 4. Argument Court Date: February 2, 2005 Dated: i er" &,z ate, a `?° AAte&GAreY f f e an t ZW IJl E COURT Off' COMMON PLEAS OF CU-tMTERLAMD COUM Y TVE COMMOMWEA.CTV OF P-EWVSYlvAM9A CORYA. CORMANY V. ALEXANDRIA C. CORMANY CA SENO . . CIVIL ACTION - LA _.: _ .ern JURYTR.IAL DEM TDED,, _ You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (2o) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment maybe entered against you bythe Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights importanttoyou. 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 Court Administrator Cum6erfand County Bar Association Irvin Row Carlisle-, PA- 17013 EXHIBIT (10) HUMAN RELATIONS RIVER FRONT OFFICE COMPLEX HARRISBURG, PA 17104 ATTENTION INTAKE: REPORT Through Act of 1955, P.L. 744, No. 222 As amended June 25, 1997 By Act 34 of 1997 43 P. S. to 959 - 963, I, Cory A. Cormany do hereby pledge and state the following: A. Employment Agency - referred by memorandum or agency thereto the Commonwealth of Pennsylvania. B. Commission - is sworn to, and hereby credited to an extenuation of the state of Pennsylvania for the purpose of taxation. C. Political Subdivision - is an enfranchised unit confidential a certified accountability named McDonalds (Levine Enterprises). D. Discriminate - Ms. Tina Adams is the subject matter and did subordinately or insubordinately cause an employable malpractice. E. Persons - in that Mr. Walt Jawinski is an adult Caucasian male individual in his late thirties. F. Legislative Body - in that Mr. Walt Jawinski [was] employed by McDonalds of Carlisle (Levine Enterprises) in or about the month of November 1990. G. Employee - in that Mr. Walt Jawinski did terminate employment with McDonalds pursuant a sexual relationship with Ms. Tina Adams. H. Commercial Profit - in that Ms. Tina Adams did commit a lawful or unlawful servitude for a commercialized benefactor pursuant an authority. I, Cory A. Cormany, request and submit that an investigation be issued onto Ms. Tina Adams, and that she be made to answer for prejudicial and discriminatory acts. R-O1 -off Date Sign (1-1) HUMAN RELATIONS RIVER FRONT OFFICE COMPLEX HARRISBURG, PA 17104 ATTENTION INTAKE: REPORT Through Act of 1955, P.L. 744, No. 222 As amended June 25, 1997 By Act 34 of 1997 43 P. S. to 959 - 963, I, Cory A. Cormany do hereby pledge and state the following: A. Employment Agency - referred by memorandum or agency thereto the Commonwealth of Pennsylvania. B. Commission - is sworn to, and hereby credited to an extenuation of the state of Pennsylvania for the purpose of taxation. C. Political Subdivision - is an enfranchised unit confidential a certified accountability named McDonalds (Levine Enterprises). D. Discriminate - Ms. Tina Adams is the subject matter and did subordinately or insubordinately cause an employable malpractice. E. Persons - in that Ms. Annett Jones is an adult Caucasian female individual in her late thirties. F. Legislative Body - in that Ms. Annett Jones [was] employed by McDonalds of Carlisle (Levine Enterprises) in or about the month of April 1995. G. Employee - in that Ms. Annett Jones did terminate employment with McDonalds pursuant a sexual relationship with Ms. Tina Adams. H. Commercial Profit - in that Ms. Tina Adams did commit a lawful or unlawful servitude for a commercialized benefactor pursuant an authority. I, Cory A. Cormany, request and submit that an investigation be issued onto Ms. Tina Adams, and that she be made to answer for prejudicial and discriminatory acts. Date Sign (1-1) HUMAN RELATIONS RIVER FRONT OFFICE COMPLEX HARRISBURG, PA 17104 ATTENTION INTAKE: REPORT Through Act of 1955, P.L. 744, No. 222 As amended :tune 25, 1997 By Act 34 of 1997 43 P.S. to 959 - 963, I, Cory A. Cormany do hereby pledge and state the following: A. Employment Agency - referred by memorandum or agency thereto the Commonwealth of Pennsylvania. B. Commission - is sworn to, and hereby credited to an extenuation of the state of Pennsylvania for the purpose of taxation. C. Political Subdivision - is an enfranchised unit confidential a certified accountability named McDonalds (Levine Enterprises). D. Discriminate - Ms. Tina Adams is the subject matter and did subordinately or insubordinately cause an employable malpractice. E. Persons - in that Ms. Nina Davis is an adult African American female individual in her mid thirties. F. Legislative. Body - in that Ms. Nina Davis [was] employed by McDonalds of Carlisle (Levine Enterprises) in or about the month of June 1997. G. Employee - in that Ms. Nina Davis did terminate employment with McDonalds pursuant a six week pregnancy leave reliable Ms. Tina Adams. H. Commercial Profit - in that Ms. Tina Adams did commit a lawful or unlawful servitude for a commercialized benefactor pursuant an authority. I, Cory A. Cormany, request and submit that an investigation be issued onto Ms. Tina Adams, and that she be made to answer for prejudicial and discriminatory acts. cl- - - oy Date C-2'r-2, Sign - (1-1) HUMAN RELATIONS RIVER FRONT OFFICE COMPLEX HARRISBURG, PA 17104 ATTENTION INTAKE: REPORT Through Act of 1955, P.L. 744, No. 222 As amended Tune 25, 1997 By Act 34 of 1997 43 P. S. to 959 - 963, 1, Cory A. Cormany do hereby pledge and state the following: A. Employment Agency - referred by memorandum or agency thereto the Commonwealth of Pennsylvania. B. Commission - is sworn to, and hereby credited to an extenuation of the state of Pennsylvania for the purpose of taxation. C. Political Subdivision - is an enfranchised unit confidential a certified accountability named McDonalds (Levine Enterprises). D. Discriminate - Ms. Tina Adams is the subject matter and. did subordinately or insubordinately cause an employable malpractice. E. Persons - in that Ms. Susan Starner is an adult Caucasian female individual in her mid forties. F. Legislative Body - in that Ms. Susan Starner [was] employed by McDonalds of Carlisle (Levine Enterprises) in or about the month of October 2000. G. Employee - in that Ms. Susan Starner did terminate employment with McDonalds pursuant being told, quote; "Get the F**k out of Here", by Ms. Tina Adams. H. Commercial Profit - in that Ms. Tina Adams did commit a lawful or unlawful servitude for a commercialized benefactor pursuant an authority. I, Cory A. Cormany, request and submit that an investigation be issued onto Ms. Tina Adams, and that she be made to answer for prejudicial and discriminatory acts. -01-cry Date Sign (1-1) HUMAN RELATIONS RIVER FRONT OFFICE COMPLEX HARRISBURG, PA 17104 ATTENTION INTAKE: REPORT Through Act of 1955, P.L. 744, No. 222 As amended .Tune 25, 1997 By Act 34 of 1997 43 P. S. to 959 - 963, I, Cory A. Cormany do hereby pledge and state the following: A. Employment Agency - referred by memorandum or agency thereto the Commonwealth of Pennsylvania. B. Commission - is sworn to, and hereby credited to an extenuation of the state of Pennsylvania for the purpose of taxation. C. Political Subdivision - is an enfranchised unit confidential a certified accountability named McDonalds (Levine Enterprises). D. Discriminate - Ms. Tina Adams is the subject matter and did subordinately or insubordinately cause an employable malpractice. E. Persons - in that Ms. Eugene Foley is an adult Caucasian female individual in her mid sixties. F. Legislative Body - in that Ms. Eugene Foley [was] employed by McDonalds of Carlisle (Levine Enterprises) in or about the month of October 2002. G. Employee - in that Ms. Eugene Foley did terminate employment with McDonalds pursuant being told, that; she was = good enough to perform a "task" allegorical Ms. Tina Adams. H. Commercial Profit - in that Ms. Tina Adams did commit a lawful or unlawful servitude for a commercialized benefactor pursuant an authority. I, Cory A. Cormany, request and submit that an investigation be issued onto Ms. Tina Adams, and that she be made to answer for prejudicial and discriminatory acts. t -0-? "0Y Date Sign (1-1) HUMAN RELATIONS RIVER FRONT OFFICE COMPLEX HARRISBURG, PA 17104 ATTENTION INTAKE: REPORT Through Act of 1955, P.L. 744, No. 222 As amended June 25, 1997 By Act 34 of 1997 43 P.S. to 959 - 963, I, Cory A. Cormany do hereby pledge and state the following: A. Employment Agency - referred by memorandum or agency thereto the Commonwealth of Pennsylvania. B. Commission - is sworn to, and hereby credited to an extenuation of the state of Pennsylvania for the purpose of taxation. C. Political Subdivision - is an enfranchised unit confidential a certified accountability named McDonalds (Levine Enterprises). D. Discriminate - Ms. Tina Adams is the subject matter and did subordinately or insubordinately cause an employable malpractice. E. Persons - in that Mr. Thomas Minic is an adult Caucasian male individual in his early thirties. F. Legislative Body - in that Mr. Thomas Minic [was] employed by McDonalds of Carlisle (Levine Enterprises) in or about the month of February 2003. G. Employee - in that Mr. Thomas Minic did terminate employment with McDonalds pursuant a timely civil filing, costly the order of the court, purposeful Ms. Tina Adams. H. Commercial Profit - in that Ms. Tina Adams did commit a lawful or unlawful servitude for a commercialized benefactor pursuant an authority. I, Cory A. Cormany, request and submit that an investigation be issued onto Ms. Tina Adams, and that she be made to answer for prejudicial and discriminatory acts. Date Sign C::J? (1-1) EXHIBIT C (11) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. Oy- Voss 12tv;P 7 V. CIVIL ACTION - LAIN HUBERT X. GILROY : JUDGMENT DEMANDED NOTICE You have been sued In Court. If you wish to defend against the claim set forth In the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written .;.pearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you.. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint oir for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. •. is ?. 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 Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 '11RUE COPY FROM RECORD in 1'asti onY wn;Mf, i here unto sot mY hand Co. at Ugsia. Pa. 4.1 C? and t6ne Gal of sa% ' Thi day o .zZ2i?C ?? Protho IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE 140. a y- yoss' `T..- V. CIVIL ACTION - LAW TINA D. ADAMS JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to t;he' claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by 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 Court Administrator Cumberland County Court Rouse 1 South Hanover Street Carlisle, PA. 170'13 TRUE COPY FROM PECOR'J :ind the dal of s,-W C: ' d: G'wsia. P3. s -7 day t fins 19 pOmftn'OUry RE: District Attorney Defendant: Cumberland County Tina D. Adams Court House Square Hubert X. Gilroy Carlisle, PA 17013 I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that at or about the month of June of the year 1992, and through and about the month of March of the year 2004, the above named defendant[s] did commit the following crimes: 1) 902. Criminal Solicitation - a person is guilty of solicitation to commit a crime with intent of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would establish his complicity in its commission or attempted commission. 2) 2709. Harassment - a person commits a summary offense when, with intent to harass, annoy or alarm another person: (1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same; or (2) he follows a person in or about a public place or places; or (3) he engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose. 3) 2906. Criminal Coercion - a person is guilty of criminal coercion if, with intent unlawfully to restrict freedom of action of another to the detriment of the other, he threatens to: (1) commit any criminal offense; (2) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt or ridicule; or (4) take or withhold action as an official, or cause an official to take or withhold action. 4) 3105. Prompt Complaint - a prompt reporting of public authority is not required in a prosecution under this chapter: Provided, however, that nothing in this section shall be construed to prohibit a defendant from introducing evidence of the alleged victim's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence. 5) 4305. Dealing in Infant Children - a person is guilty of a misdemeanor of the first degree, if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children. 6) 4952. Intimidation of Witness or Victims - a person commits an offense if, with the intent to or with the knowledge that his conduct shall obstruct, impede, impair, prevent or interfere with the administration of criminal justice he intimidates or attempts to intimidate any witness or victim to: (1) Refrain from informing or reporting to any law enforcement officer, prosecuting official or judge concerning any information, document or thing relating to the commission of a crime. (2) Give any false or misleading information or testimony relating to the commission of any crime to any law enforcement official, prosecuting attorney or judge. (3) Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement official, prosecuting attorney or judge. (4) Give any false or misleading information or testimony relating to the commission of any crime to an attorney representing a criminal defendant. (5) Elude, evade or ignore any request to appear or legal process summoning him to appear to testify or supply evidence. (6) Absent himself from any proceeding or investigation to which he has been legally summoned. 7) 5101. Obstructing Administration of Law or Oler Governmental Function - a person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions. 8) 5108. Compounding - a person commits a misdemeanor of the second degree if he accepts or agrees to accept any pecuniary benefit in consideration of refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to an offense. 9) 5508. Disrupting Meetings or Processions - a person commits a misdemeanor of the third degree if, with intent to prevent or disturb a lawful meeting, procession or gathering, he disturbs or interrupts it. (2-1) 903 - 1972, Dec. 6, P.L. 2709 - 1972, Dec. 6, P.L. 2906 - 1972, Dec. 6, P.L. 3105 - 1972, Dec. 6, P.L. 4305 - 1972, Dec. 6, P.L. 4952 - 1972, Dec. 6, P.L. 5101 - 1972, Dec. 6, P.L. 5108 - 1972, Dec. 6, P.L. 5508 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. 1482, No. 334, 1, effective June 6, 1973. I, Cory Cormany, hereby verify that the facts set forth in the above are true and correct to the best of my knowledge or information and belief and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. Dated L f/11 31« rd By?, Cory A. Cormany (3-1) INCIDENT REPORT Criminal Solicitation: In that Tina Adams and Hubert Gilroy did knowingly and intentionally promote and facilitate the commission of a crime requesting another to attempt the complicity encouraged a Defendant. Criminal Coercion: In that the Defendants did coerce the unlawful restricted freedom of action of another, threatening to commit a criminal offense while exposing secrets subjugated a hatred, and liable an official action. Harassment: In that the Defendants did annoy and alarm a person repeatedly threatening physical contact in and about an official intention which served no legitimate purpose. Prompt Complaint: In that the Defendants did subject indecent conduct questionable an authority, or guardian, which did fail an official report. Dealing in Infant Children: In that the Defendants did deal in a humanitarian trade by buying a custodial obligation substantial an infant child. Intimidation of Witness or Victims: In that the Defendants did pronounce an official action and official document misleading official action and the reporting to law enforcement officials the hindrance of a minor child and the unlawful uses of illegal narcotics. Obstructing Administration of Law or Other Governmental Function: In that the ]Defendants did interfere and pervert a physical obstacle breaching an official document affirmative an action, and liable a governmental function. Compounding: In that the Defendants did accept pecuniary benefits considerate an information, and reportorial the suspected commission of a crime. Disrupting Meetings and Processions: In that the Defendants did intentionally prevent and disturb conversations and meetings between two legally abounded individuals interruptive a custodial document. I petition that a warrant of arrest or a summons be issued and that the Defendant be required to answer the charges I have made. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. /13 1 c?, `i Dated Signature Dated (1-2) NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Wdr \ oj-- Cck SU``bS( k +6 b&rp AQ, Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 ? J6 A/ AFFIDAVIT On June 21, 1992, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural chill. Proceeding incident, I did proceed an argumentative situation and circumstance with the said minor child's mother, the Defendant Tina Adams. On November 7, 1992, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural child. Proceeding such noncommunicative relations, I did proceed established visitation for my said minor child on November 20, 1992, and did again find residential vacancy. On April 1, 1994, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural child. Preceding such incident Defendant Tina Adams did relocate the said residential environment restricting criminal action, and did marry an adult male. Before or about the aforesaid date and time, mentioned in the aforesaid paragraph, the Defendant Tina Adams did suppress evidential indulgences later verificative my recognition, and knowledge; substantial the civil case number LCV-95-0844, and did interfere and deliberately cause, and pervert a breach in an official governmental function. The Defendant did prevent and disrupt affirmative meetings and gatherings documented an obstacle, and necessary a maintenance; pursuant the Commonwealth of Pennsylvania. In May of the year 1993 and through and about August of the year 1994, I, Cory A. Cormany, did resume the disposition of the order of the court announcing supervised visitation through the Children & Youth Service Centers. Proceeding such times and events, irrelated the docketed visitation establishments; my said minor child would receive enfranchised reminiscences, up and until approximately December of the year 2003. During and through these foregoing time periods my said relatives did exercise discretion in and about a consideration, obedient the order of the court. I did submit correspondence, resourceful an official procedure; developing consensual obligations preprietorial the Court of Cumberland County. Such objects did indicate a consensual agreement[s] accusive the Defendant Hubert Gilroy and a Mr. John Adams; who 'did infac:t threaten me by mail and prescient thereto my person. In the year 2004 and pursuant therein and prior thereto, I; Cory A. Cormany, was informed by a relative of illegal oppositions. involved the Defendant Tina Adams, pursuant my witnessing Mr. John Adams; Present (1-3) Husband, conspiring illicit applications outside or hereto my place of residence. Ms. Tina Adams did indulge in the nonconsensual buying and selling of a minor child with the Defendant Hubert Gilroy, whom both did accept monetary sums and peculiar benefits. I did infact petition visitation to the said minor child's mother interruptive an official informative service, foregoing an employable outcome; cautious mental health issues. Such opportunity is prejudicially pursuant the case number 64 in Orphans Court Division. In March of the year 2004 and through and about a problematic legal judgment, I, Cory A. Cormany, did pursue a sheriff service knowledgeable of the present whereabouts, careful the said minor child's concerns, and indigent an extenuating object endeavored an employment or affirmative legal imposition. The Defendant Tina Adams has continually nonnegu fated and solicited situations and circumstances contemptual a deceptive relation mandatory a civil action. Ms. Tina Adams has procrastinated important issues obslructional myself in the years 1994, 1996, 1997 and 2002 beneficial a criminal outcome and suspicious an informative indecent conduct. I, Cory A. Cormany, on this ,3.1t, day of of the year 2004, do hereby swear as a citizen and a voter of the Commonwealth of the United States that the above facts are true and correct to the best of my knowledge and belief. Cory A. Cormany Dated Sworn O-n? A?a_ t3z Io- Acj 6? 7--8y--r t Zoo (-! , 61) S &?A V NOTARIAL SEAL a JODY S. SMITH. NOTARY PUBLIC Ex es County Carlisle Bor ioCum es April 4. 2005 : I My Comm{ss p Witness EXHIBIT D X12) CORY A. CORMANY, IN THE COURT OF COMMONPLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TINA D. ADAMS, Defendant NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and C?LER, J. ORDER OF COURT AND NOW, this 19th day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiffs complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected to personal jurisdiction of the court. BY THE COURT, Wesley GG-r Jr., J. C9Fy A. Cormany 83 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant CORY A. CORMANY, : IN THE COURT OF COMMONPLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TINA D. ADAMS, Defendant NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. OPINION and ORDER OF COURT OLER, J., May 19, 2004. For disposition in this civil case in which a pro se Plaintiff has sued his former wife' are preliminary objections filed by Defendant to Plaintiff's complaint. The preliminary objections include an objection based upon improper service? Defendant's preliminary objections were argued before the above court en banc on April 21, 2004.3 For the reasons stated in this opinion, Defendant's preliminary objection based upon improper service of the complaint will be sustained, and the service will be set aside. STATEMENT OF FACTS Plaintiff is identified in his complaint as "an adult individual residing in Cumberland County, Pennsylvania."4 Defendant is similarly identified in the complaint as "an adult individual residing in Cumberland County, Pennsylvania.i5 1 See Plaintiff's Complaint, para. 12. 2 See Defendant's Preliminary Objections to Plaintiff's Complaint, para. 2; Pa. KC.P. 1028(a)(1). 3 Plaintiff neither filed a brief nor appeared for the argument. a Plaintiff's Complaint, para. 1. 5 Plaintiff's Complaint, para. 2. Plaintiff's complaint appears to be related to a failure of a McDonald's restaurant franchisee (for which his former wife worked) to employ him.' Representative of the largely unintelligible allegations in the complaint are these: 8. To or about the month of April of the year 2001, the plaintiff did retain and service an employment application at the Ames Dept. Stores of Carlisle, the Old M.J. Mall location, foregoing a timely full-time employment. 9. Preceding the issues described in the aforementioned statements, the plaintiff, Cory A. Cormany, did achieve and retain employment opportunity at the McDonalds Co. of Carlisle, non faulted an expiry period, obligatory a minor child; (Alexandria Christine). 10. In or about the month of September of the year 2002, the plaintiff did sustain an employment application at the McDonalds Co. of Carlisle, argumentative several entailed locations, liberal a documentation. 12. Pursuant the foregoing business the defendant, Tina D. Adams, did divorce the plaintiff, Cory A. Cormany, allegorical an alcohol/driving issue; nonreliable a vehicle and a decree, and did marry a convicted narcotics offender, substantial an equal opportunity employer. Defendant indicates that Plaintiff's complaint was served by certified mail.8 No sheriff's return appears in the record. DISCUSSION Under Pennsylvania Rule of Civil Procedure 400(a), as a general rule "original process shall be served within the Commonwealth only by the sheriff." As has been stated by the Pennsylvania Superior Court, "[rlegardless of whether 6 See Plaintiff's Complaint, paras. 13-14. 7 Plaintiffs Complaint, paras. 8-10, 12. 8 Defendant's Preliminary Objections to Plaintiff's Complaint, para. 2. 2 the action is commenced by writ of summons or where, as here, the action is commenced by a complaint, service of process is essential to commencing the action. Proper service is a prerequisite to a court acquiring personal jurisdiction over a defendant." Ramsay v. Pierre, 822 A.2d 85, 89 (Pa. Super. 2003). Where service is improper, it may be set aside. Collins v. Park, 423 Pa. Super. 601, 621 A.2d 996 (1993). Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 19a' day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiffs complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected 1:0 personal jurisdiction of the court. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant 3 EXHIBIT E (13) r 1 S- r ?a rdL JE OER ATTORNEYS AT LAW STOCK AND LEADER LLP D. REED ANDERSON JOHN J. SHORB WILUAM C GTERASCH, JR. W. BRUCE WAE.LACE MRHA+s W. KM 1R40rm P. RUTH Wn1.uM I HAW StEFHEx S. Russ u THOMAS M SHORE RONAED L HE WINER JANE H. SanEssam STEVEN M. HOVIS JODY ANDERSON LMMnle 'AlSD AVMRTW IN MARYLAM SUSQUEHANNA COMMERCE CENTER EAST 221 W. PHILADELPHIA STRERT-SUTM 600 YORK, PENNSYLVANIA 17404 PHONE (717) 846-9800 FAX (717) 843-6134 www.stockandleadercom Direct Dial. (717) 849-4135 E-Mail Address: truth astockandleader.com Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 March 19, 2004 STOac AND LEADER, A PHOP?IpNAL CORPORATION HENRY B. LEADER J. Ross MCGDaw RAYMOND L Hovs BYRON H. LECATIS MARIETTA H. BARD= NELA. SIENRsE MBT.nvOA B. KAUFMANN DAVID A. JONES II FRANK A. NARDO, JR. EREN J. Mums CRESTIAN R RHODES MCCLEAN ST= (1881-1962) BASL A. SHORE (1910-1988) Re: Cory A. Cormany v. Tina D. Adams Case No. 03-1876 In the Court of Common Pleas of Cumberland County, Pennsylvania Dear Mr. Cormany: Enclosed please find certified copies of the following documents which were filed today in the above-referenced matter: 1. Defendant's Preliminary Objections to Plaintiff's Complaint; 2. Defendant's Memorandum of Law in Support of her Preliminary Objections; 3. Praecipe for entry of Appearance; and 4. Praecipe for Listing Case for Argument. I. am hereby serving these upon you pursuant to the Pennsylvania Rules of Civil Procedure. Very truly yours, STOCK AND LEADER Christian F. Rhodes CFR/kb Enclosures cc: Alissa L. Gilfand, Esquire (w/enclosures) IAUSERS\KB\TPR\KENMAR\Cormany Svc Itr.doc BROCK.dLEADIR ATTORNEYS AT LAW 91= AND LEADER UY D. Rte ANDERSON JOHN J. SHORE WauAM C. G= ASCH, JR. W. BRUCe WAUACE N&MAEL W. KRac TbAOM P. Rust WwAM T. HAST 9r? S. RUSML THOMAS M. SHM RONALD L Hm mom JANE 1•L SaWStUM sum N. Hoes JODY ANDm M L FOril " NEE. A. SUNIZ e `ALSO AaUrrTEV iNMARTLIND SUSQUEHANNA COMMERCE CENTER EAST 221 W. PHRADVIXHA STREET-SUITE 600 YORY, PENNSYLVANIA 17404 PHONE (717) 846-9800 FAX (717) 843-6134 www.stockandleader.com December 20, 2004 STOCic AND LEADmy A PROF?oNM. CORPORA17oN Harm B. LEADER J. Roes McGwm RAYMOND I- Hoes BYRON H. LECATES NARB3ITA H. BARBOUR MELMA B. KMMMAM DAVID A. JOM II ERw J. MxM RICHARD K. LAWS NCCLEAN %= (1881-1%2) BASE. A. SHORE (1910-1988) Direct Dial: (717) 8494135 E-Mail Address: truthastockandleader.com Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Re: Cormany v. Tina D. Adams No. 03-1876 In the Court of Common Pleas of Cumberland County, Pennsylvania Dear Mr. Cormany: Enclosed please find a certified, clocked-in copy of Defendant's Preliminary Objections and the Affidavit of Tina Sauter filed on behalf of the Defendant on December 14, 2004, in the above matter. I am hereby serving these upon you pursuant to the Pennsylvania Rules of Civil Procedure and the Cumberland County Rules of Procedure. I am also enclosing with this letter a copy of the Praecipe for Listing Case for Argument, which I have filed with the Court by mail this date. Very truly yours, STOCK AND LEADER ( ;M' e..4 Timothy P. TPR/kb Enclosures cc: Alissa L. Gilfand, Esquire (w/copies of encl.) IAUSERS\KBITPRIKENMAR1Cormany Svc lu2.doc BROUJOS & GILROY, P .c. ATTORNEY'S AT LAW JOHN H. BROUJOS 4 NORTH HANOVER STREET TELEPHONE: (717) 243-4574 HUBERr X. GnitoY CARr.is E, PENNSYLVANIA 1707.3 FAcsimrm (717) 243-8227 jbroujos®bmujosgdwy_com hgi1roy0br°u4o9gi1roycom NON-TOLL FOR HARRISBURG AREA 717-766-1690 December 13, 2004 Linda Klinger, Counselor Stevens Human Services 33 State Avenue Carlisle, PA 17013 Dear Miss Klinger: Please be advised that our office represents Miss Tina Adams. Enclosed is a letter Miss Adams received from her former husband, Cory A. Cormany, directing Miss Adams to appear at your office on Friday, December 20te, with regards to Alexandria Adams. Please be advised that Miss Adams has no intention whatsoever of appearing in your office with regards to any matters that Mr. Cormany initiates. Furthermore, be advised that Mr. Cormany is not the father of Alexandria Adams. Mr. Cormany's parental rights to Alexandria were terminated a number of years ago. In summary he has no legal rights or obligations with respect to Alexandria. Should you have any questions in this matter, please feel free to contact me. I request that you do not contact Miss Adams either at her home or at her place of employment. Sincerely yours, 4G' Hubert X. Gilroy srb cc: Tina Adams Cory A. Cormany DEG-13-2004 10:22 PM Levine Enterprises, Inc. etc an?a? FAX Date: o?-A To: P.01 123 South Pitt Street Carlisle PA, 17013 Phone: 717-240•.0854 Fax: 717-249-2210 Fax Number: t?'4 3 - FSa a Number Of .'Pages: "4 -- ` Q w Comments : EXHIBIT F (14) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)3859196 December 21st, 2004 Ms. Alexandria Christine, Student 143 Kerrs Rd. Carlisle, Pa. 17013 Dear Alexandria, Kindly find enclosed a money order. 1 wanted to give you a Christmas Present; however, unfortunately I must of missed you? Please be advised that I have contacted the Cumberland County District Attorney's Office in regards to The Stevens Human Service Facility. Also enclosed is a poem I wrote once, "somebody" told me I should let you read- it? Please retain an interest in you school studies, and hopefully I will be in touch soon again. Very Truly Yours, Cory A. Cormany CAC cc: Mr. Jeffrey Franks Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 December 21st, 2004 Ms. Linda Klinger, Counselor 33 State Avenue Carlisle, Pa. 17013 Dear Linda, Kindly find enclosed a copy of the current civil file Mr. Gilroy is handling for Alexandria Christine, relevant her social security number and the Health and Safety Commission of Pennsylvania. I shall copy the recommendation of Judge Oler and the vital record consideration as previously discussed; which I shall iterate, was never officially ,serviced unto me. Very Truly Yours, Cory A. Cormany CAC cc: Mr. Jeffrey Franks (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 December 21 st, 2004 Ms. Karen Lee, Counselor Big Spring School District 45 Mt. Rock Road Newville, Pa. 17241 Dear Ms. Lee, Kindly find enclosed a copy of a letter I have writen to Detective Franks of the Cumberland County District Attorney's Office, along with a copy. of the oringinal divorce agreement. I may hope theorical ramifications maybe resolved pursuant The Stevens Mental Health Facility. Very Truly Yours, Cory A. Cormany CAC cc: Mr. Jeffrey Franks (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 December 21 st, 2004 Mr. Skip Ebert, DistrictAttorney Cumberland County Court Hoouse 1 South Hanover Street Carlisle, Pa. 17013 Dear Mr. Ebert, Kindly find enclosed a copy of the issues I sent to Detective Franks of the Cumberland County District Attorney's Office. I appreciate any knowledgable input you may have in light of civil or criminal objectivity. 1 simply would like to visit with my child as per original agreement. I shall be in contact with Mr. Michael Sherer and Ms. Frances DelDuca pursuant the upcoming year. I am sorry to question consensual objects substantial the order of the court? Very Truly Yours, Cory A. Cormany CAC cc: Mr. Jeffrey Franks (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 December 21 st, 2004 Mr. Jeffrey Franks, Detective Cumberland County Court Hoouse 1 South Hanover Street Carlisle, Pa. 17013 Dear Mr. Franks, Kindly find enclosed several letters I wrote relevant The Stevens Human Services. I feel such hinderances to be directly pertinent Mr. Hubert Gilroy and Ms. Tina Adams in light o- f Alexandria Christine Cormany's (Adams) consideration? I have noted a letter to District Attorney Skip Ebert for the purpose of a consensual investigation for relevant matters involved a rearranged visitation as in compliance with decree and order of the court. '.Please feel free to contact me at the above listed address and/or telephone number for the object of prosecution. I am scheduled pursuant The Stevens Center for fat-nily and/or Drug & Alcohol counseling on January 7th and January 10th of the year 2005. Very Truly Yours, Cory A. Cormany CAC cc: Mr. Skip Ebert Ms. Linda Klinger Ms. Karen Lee Ms. Alexandria Christine (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 January 4th, 2004 Ms. Linda Klinger, Counselor Stevens Human Services 33 State Ave. Carlisle, Pa. 17013 Dear Ms. Klinger, Kindly find enclosed a copy of the appointment notices I have sent regarding Ms. Alexandria Christine (Cormany) and Ms. Tina Doreen Adams. I thankyou for your attention. Very Truly Yours, Cory A. Cormany CAC cc: Ms. Tina Adams Ms. Alexandria Christine Ms. Karen Lee Mr. Skip Ebert (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 January 4th, 2004 Ms. Karen Lee, Counselor Big Spring School District 45 Mt. Rock Road Newville, Pa. 17241 Dear Ms. Lee, Kindly find enclosed a copy of the appointment notices I have sent regarding Ms. Alexandria Christine (Cormany) and Ms. Tina Doreen Adams. I thankyou for your attention. Very Truly Yours, Cory A. Cormany CAC cc: Ms. Tina Adams Ms. Alexandria Christine Ms. Linda Klinger Mr. Skip Ebert (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 January 4th, 2004 Ms. Tina Adams, Mother 145 Kerrs Rd. Carlisle, Pa. 17013 Dear Ms. Adams, Please see it appropriate to reaquire appointment at The Stevens Human Services of Carlisle, Pennsylvania; on or about January 10th, 2005 at or about 4:00 PM for the purpose of Alexandria Christine. I thankyou for your attention. Very Truly Yours, Cory A. Cormany CAC cc: Ms. Alexandria Christine Ms. Linda Klinger Ms. Karen Lee Mr. Kenneth Levine Mr. Skip Ebert (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 January 4th, 2004 Ms. Alexandria Christine, Daughter 145 Kerrs Rd. • Carlisle, Pa. 17013 Dear Alexandria, Please see it appropriate to attend appointment with your mother at The Stevens Human Services of Carlisle, Pennsylvania; on or about January 10th, 2005 at or about 4:00 PM for the purpose of visitation. I thankyou for your attention. Very Truly Yours, Cory A. Cormany CAC cc: Ms. Tina Adams Ms. Linda Klinger Ms. Karen Lee Mr. Kenneth Levine Mr. Skip Ebert (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 January 4th, 2004 Mr. Skip Ebert, District Attorney Cumberland County Court House 1 South Hanover St. Carlisle, Pa. 17013 Dear Mr. Ebert, Kindly find enclosed a copy of the civil rarnification relevant Levine Enterprises. I thankyou for your attention. Very Truly Yours, Cory A. Cormany CAC cc: Ms. Tina Adams Ms. Alexandria Christine Ms. Linda Klinger Ms. Karen Lee Mr. Kenneth Levine (1) EXHIBIT Noteworthy Question (1) CERTIFICATION OF SERVICE AND NOW, this day of 2005, I, Cory A. Cormany foregoing the aforesaid matter knowledgeable a legal pretext, and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person or by the United States Mail at Carlisle Pennsylvania, addressed as follows: C/O Mr. Ken Levine Ms. Tina D. Adams McDonalds Company 123 South Pitt Street Carlisle, PA 17013 Mr.Timothy Ruth Stock & Leader 221 W. Philadelphia St. Ste. E600 York, PA 17404 Ms. Yvette Hientzelman Seyfarth Shaw LLP 55 East Monore Street Chicago, IL 60603 Cory A. Cormany 1883 Douglas Dr.' Carlisle, PA 17013 (15) r- c-r ';'7 T77 l? J T rl -c n? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. 03-1876 V. CIVIL ACTION - LAW TINA D. ADAMS JMY TRIAL DEMANDED MOTION TO DISMISS Respectfully Submitted; 4CA21i'ste?r?Cormany (A) FEB ®12005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. TINA D. ADAMS CASE NO. 03-1876 CIVIL ACTION - LAW JURY TRIAL DEMANDED BRIEF IN SUPPORT OF MOTION FOR DISMISSAL 1. PROCEDURAL HISTORY/FACTUAL STATEMENT On April 23rd of the year 2003, the plaintiff filed a Common Pleas Complaint in Cumberland County. Pursuant such filing the defendant responded. The plaintiff pursued another Common Pleas Complaint in Cumberland County against another defendant named; Mr. Kenneth Levine. The said Defendant Levine did not respond as in accordance to rule of procedure. On May 19th of the year 2004; the Honorable Judge Oler dismissed the initial complaint[s] filed against the defendants. The Plaintiff Cory A. Cormany than filed an Amended Complaint against the Defendant Tina D. Adams on September 10th of the year 2004. (1) II. QUESTIONS PRESENTED FOR REVIEW 1. Whether there is sufficient evidence to sustain demurrer. 2. Whether there is sufficient evidence to sustain judgment. 3. Whether there are criminal objects supporting a judgment. 4. Whether there are criminal elements relevant a civil filing. 5. Whether there are prejudicial elements relevant a civil filing. (2) III. ARGUMENT And Now, comes Cory Alister Cormany, Plaintiff; who respectfully requests the Commonwealth of Pennsylvania to recognize dismissal as in accordance with local, state and federal rule of civil procedure, and constitutional a duplicative collateral estoppel. The primary [demurrer] is "argumentative" a (sworn statement) and the subject of `service'. The principal argument[s] is set forth in the defendant's and plaintiff's Preliminary Objections set forth on January 4th, and iterated thereto January 13th, 2005. The defense argues Penn. R. Civ. P. 1028(a)(4), with prejudice; pursuant the Commonwealth of Pennsylvania and `the Order of the Court'. The complaintant argues Penn. R. Civ. P. 1602 and the object[s] of Joinder and future Complaint. Claimants right of action for damages against city accrued when his wife died as result of police officer's alleged negligence, and r t could not divert claimant of his v s ed right by retroactively applying `ordinance' repealing waiver of governmental immunity to pending action: 53 P.S. 5311. 101-5311. 803 (Repealed). City of Philadelphia v. Patton, 609 A.2d. 903. At same for the purpose of reason: Although `taxing' ordinance must be strictly construed language of local ordinances, like that of state statutes, should be given their plain meaning. Lawrence G. Spielvo gel, Inc. v. Township of Cheltenham, 601 A.2d. 1310, 144 Pa. Comwlth. 510. Extenuating issues questionable the [object] of (3) complaint may pursue a financial servitude. Under Pennsylvania bonding law, language in construction payment and executed by prime contractor in favor of city, providing cause of action on the bond to every person who, whether as subcontractor "or otherwise" furnished material or services on `project', would be read expansively to confer standing to bring such action on subcontractor to no a subcontractor that is a subcontractor three levels removed from prime contract "or otherwise" merely meant that materialman as well as subcontractor come with in ambit of the bond. 8 P.S. 191 et. seq., 193(a)(2) 194(b). Nicholson Const. Co. v. Standard Fire Ins. Co., 760 F.2d. 74, The controversial objective [is] proclaimed in the Memorandum of Law set forth by Ms. Tina Sauter. After being duly sworn the "defense's attorney[s]; as professed to be ({one[s]})"; seem to recognize F.I.C.A., Federal Supplement, and state and local taxable malfeasancies. The complaintant [does] `know' the. following: A) The first "Sworn Statement" and "Verification" contains the name of a (person) - Walt Jawinski - who has not worked for Levine Enterprises since the early 1990's and whose last name is spelled incorrectly. His last name is Karczewski. B) The second "Sworn Statement" and "Verification" contains the name of a (person) - Annett Jones - who has not worked for Levine Enterprises since 2002. In addition, the witness's first name is spelled incorrectly - it should be spelled "Annette." Finally; this former employee got divorced and went by her (4) maiden name - Snyder - through most of her employment with Levine Enterprises. "Jones" was her married name. C) The third "Sworn Statement" and "Verification" contains the name of a wi es - Nina Davis - who has never worked for Levine Enterprises. D) The fourth "Sworn Statement" and "Verification" contains the name of a witness - Susan Starner - who never worked for Levine Enterprises. E) The fifth "Sworn Statement" and "Verification" contains the name of a witness - Eugene Foley - who never worked for Levine Enterprises. Levine Enterprises did employ a person named Mark E. Foley at one point, but nQt "Eugene Foley." F) The sixth "Sworn Statement" and "Verification" contains the name of a `wit s' - Thomas Minic - whose worked for Levine Enterprises through a prison work release program for a short time and left the Company in 2002. Additionally the witness's last name is spelled incorrectly. His last name is spelled "Minnick." Conclusive `elements {litigated a (joinder]', remain inapposite} complaints pursuant; Cormany v. Cormany and Cormany v. Gilroy and Adams. City's homeless service contracts constituted form of "professional services" exempt from competitive bidding requirement under city charter. Lieberman Organization v. City of Philadelphia, 595 A.2d. 638, 141 Pa. Comwlth. 9, appeal granted 582 A.2d. 326, 525 Pa. 660, affirmed 589 A.2d. 1111, 527 Pa. 206. Such `Professional Services' fare] prepondatory The Stevens Mental Health Center, and (5) Biological Rightful Agreements clearified The United States Social Security Office, and The Pennsylvania Birth Registration Service (Health and Safety Commission). See Pennsylvania Academy of Chiropractic Physicians v. Department of State, Bureau of Professional & Occupational Affair, 129. Pa. Commu. Ct. 12, 564 A.2d. 551 (1989). Pursuant rule (1028)(a)(3) of the Pennsylvania Rules of Civil Procedure: International Union of Operating Engineers v. Linesville Construction Co., 457 Pa. 220, 322 A.2d. 353 (1974); a demurrer will only be sustained where a complaint or pleading shows with certainty that upon the facts averred the law will not permit the plaintiff to recover. Rules of statutory constructions are applicable to both statutes and ordinances. Ciavarella v. Zoning Bd. of Adjustment of Hazie Tp., 484 A.2d. 420, 86 Pa. Comwlth. 193. See attached exhibit and also particular; letters to Tina Adams and Alexandria Cormany, as well as biological registration and consensual obligation. Respectfully Submitted; C y Alister Corr ny (6) Office of the Prothonotary Cumberland County Carlisle, PA 17013 Curtis R. Long Prothonotary Cory A. Cormany ' 1883 Douglas Drive Carlisle, PA 17013 DATE: January 13, 2005, TO: Mr. Cormany: THIS IS TO NOTIFY YOU THAT CASE NUMBER 02-2770, Cory A. Cormany VS. Abom & Kutulakis et al HAS BEEN LISTED FOR ARGUMENT ON February 2, 2005. Cumberland County Argument Court Rules 210-1 through 210-14 shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 210-11. Curtis R. Lone Prothonotary EMPLOYMENT TRAINING AND EXPERIENCE SUMMARY 1. MCDONALDS OPENING PROCEDURES A) Front Line C) Stocking/Truck B) Grill Section D) Maintenance 2. MCDONALDS CLOSING PROCEDURES A) Front Line C) Backroom/Parts B) Grill Section D) Maintenance 3. MCDONALDS DAILY OPERATIONS A) Front Line C) Lobby/Drive Through B) Grill Section D) Maintenance 4. MCDONALDS EQUIPMENT KNOWLEDGE A) Front Line C) Fryers/Walk-ins B) Grill Section D) Maintenance 5. MCDONALDS MANAGERIAL POLICIES A) Front Line C) Opening/Closing B) Grill Section D) Maintenance 6. MCDONALDS ADVERTISING POLICIES A) Front Line C) Promo Sales/Menu B) Grill Section D) Maintenance 7. MCDONALDS RESOURCE POLICIES A) Front Line C) References/McCopco B) Grill Section D) Customers 8. SPECIAL DETAILS A) As Assigned (1) 4-00 , 0p COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH BIOLOGICAL PARENT REGISTRATION IDENTIFICATION FORM Each biological parent desiring to register must file a separate form with the Division of Vital Records, P.O. Box 1528, New Castle, PA 16101 (Month. Day. Year) 4a. HOSPITAL. NAME (U r tzspital, give street b m) 4b. CITY, BORO. OR I4t, CHILD'S TOWNSHIP OF BIRTH PERSONAL DATA 5. MOTHER'S MAIDEN NAME (First. Middle, Last) 6. IF KNOWN, LIST COURT, DOCKET NUMBER. COUNTY, STATE. AND DATE OF ADOPTION Pursuant to Act 1984-195 [23 Pa. C.S. § 29051 and 28 Pa. Code § 1.49, a biological parent voluntarily completing and filing this form with the Department of Health requests the Department to release the identifying information to the adoptee, adoptive parents, or legal guardian upon request. Information on the Certificate of Live Birth will be released only if both biological parents have completed and have on file a valid consent form. If there is a change of address, a new form should be completed by the biological parent. At any time a biological parent(s) may revoke the release of identifying information by contacting the Department of Health and completing and filing 'the necessary forms. AFFIDAVIT OF BIOLOGICAL PARENT Being duly sworn or by solemn affirmation, I state that I am the biological parent of the above child and do hereby authorize the Department of Health to release the following information upon request of the adoptee it eighteen (18) years of age or older, or if less than eighteen (18) years of age, to the adoptive parent or legal guardian: Signature of Biological Parent Current Name of Biological Parent (Please Print) Complete Address (Please Prii it) Sworn (or afi!rrned) before me and subscribed in my presence th s day of 19._.._ by the person whose signature appears above and whose Identity is SEAL either personally known to me or satisfactorily proven to me $iGNATJRE Cr p£FiCiAt ACM N Sl EP1NG OATH Please use stamp or print name, municipality, county, and commission expiration date beiov, r°OR DEPARTMENT OF HEALTH USE ONLY. . Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 February 22nd, 2005 Ms. Alexandria Adams; Sibling C/O Mr. Hubert Gilroy 4 North Hanover St. Carlisle, Pa. 17013 Dear Alexandria; Kindly find enclosed a copy of a Subpoena, along with a Civil Action for the purpose of a characterized witness. Please additionally note a scheduled appointment pursuant The Stevens Mental Health Center on or about February 28th of the year 2005; at or about 3:00 PM. This shall be my last appointment and attempt to notify. I am sorry I have missed you. Very Truly Yours, Cory A. Cormany P.S. Correction: Previous letter is noted as 2004 at or about January 4th; this is 2005 as corrected herein. CAC cc: Ms. Tina Adams Mr. Hubert Gilroy Mr. Skip Ebert Mr. Anthony Adams Mr. Dominick Nardone (1) Cory A. Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)385-9196 February 22nd, 2005 Ms. Tina Adams; Ex-wife C/O Mr. Hubert Gilroy 4 North Hanover St. Carlisle, Pa. 17013 Dear Tina; Kindly find enclosed a copy of a Subpoena, along with a Civil Action for the purpose of a characterized witness. Please additionally note a scheduled appointment pursuant The Stevens Mental Health Center on or about February 28th of the year 2005; at or about 3:00 PM. This shall be my last appointment and attempt to notify. I thankyou for your attention. Very Truly Yours, Cory A. Cormany P.S. Correction: Previous letter is noted as 2004 at or about January 4th; this is 2005 as corrected herein. CAC cc: Ms. Alexandria Adams Mr. Hubert Gilroy Mr. Skip Ebert Mr. Anthony Adams Mr. Dominick Nardone (1) h rn ? m U n ?n U M Urn rn m . ? U N N N ell Q4 b • Q)Oa0O U) O N N n1 N co If1 M R 4 a U c G g Q W m t H 2 ww UUU aa? ••avUU U as w aw q • r r r Orr r ,XZooo U ~ Q) U OOO U?a a o N h (A t1 y C 7 E a x x U 99`f TYYE COURT'OF COMMON P-r-EAS Of C21MTERLAMD COrUM'Y CORYA.CORMANY V. ALEXANDRIA C. CORMANY CASE NO. CINTL ACTION - LAW JURYTRIAL DEMANDED MOT7CE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (2o) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing.in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment maybe entered against you by the Court without fin-ther notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights importanttoyou. 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. Court Administrator Cumberland CountyBar Association Irvin Row Carlisle, PA. i7or3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. a 9- yos s" eu-J '7;1- V. CIVIL ACTION - LAW TINA D. ADAMS JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by 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 Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 TRUE 007Y FI °IO!"i F1=1 `-F in Ta±4, iir3rnI,y ?r ¢, i . tt. -:r.;' sei MV I pp ZZI Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. oy--aO-5 V. HUBERT X. GILROY CIVIL ACTION - LAW 3UDGMENT DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written pearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the. Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by 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 Court Administrator Cumberland County Court House I South Hanover Street Carlisle, PA. 17013 -TRUE COPY FROM RECORD ?n Testlrnony wile,eet, 1;were uriz set n, nand and t tie seal of sa: Cv c st uruste..Y Thi day o "' pmthono l*T IN RE INT11E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADOPTION OF ORPHANS' COURT DIVISION ALEXANDRIA CHRISTINE CORMANY NO. 64ADOP7ION 1993 C_ON?FNT TO Sjji<gSHAnOPTIOII;' I, Tina Doreen Lightner (Adams), hereby certifies as follows: 1 1, Tina Doreen Lightner (Adams), currently reside at 145 Kerrs Road, NewviIle, Cumberland County Pennsylvania. 2 My current age is 38, 3 My current marital status is that I am "tarried. 4 I am the mother of Alexandria Christine Cortnany. 5 The natural father of Alexandria Christine Cormany is Cory Alister Cormany. 6 I hereby voluntarily and unconditionally consent to the abolishment of the Adoption of Alexandria Christine Cormany by John D. Adams Jr. 7 I understand that by signing this consent I indicate my intent to permanently take up all rights of Alexandria Christine Connany. 8 I understand that Alexandria Christine Cormany will be eligible to visit with Cory Mister Cormany. 9 I understand that I may not revoke this consent after a Court has entered a decree confirming this consent or otherwise negotiated my parental rights to Alexandria Christine Cormany, Even if a decree is entered terminating the right of John D. Adams Jr. hereafter consenting the rights of Cory A. Cormany. 10 I have read and understand the above and I am signing it as a free and voluntary act. Date Tina Doreen Lightner (Adams) Place of signing : We, the undersigned witnesses hereby certify that we are familiar with Tina Doreen Lightner (Adams), and that we witness Tina Doreen Lightner (Adams) sign her signature above at the place and date indicated. WITNESS WITNESS Signature Signature Address Address Relationship Relationship to Alexandria Christine Cormany to Alexandria Christine Cormany iii 4 SI'OCK-LEADER U„ ATTORNEYS AT LAW ST AND Len LLP D. REED ANDERSON JOHN J. SHORE WRLwm C. G?, JR. W. BRUCE WALLACE M&a L W. KE TN= P Rv Ww T. HAsr STEerBN S. RUSSELL THoMAs M. SHORR RONALD L. HERSIEUER JANE H. Sc ssuR STEV@J M. Houk JODY ANDERSON LEIGHrY" PHE.tP H. STARE NEE. A. SLENKER 'ALSOADMITTEDMMARYL NO SUSQU1E NA COMMERCE CENTER EAST 221 W. PHILADELPHIA STREET-SURE 600 YORK, PENNSYLVANIA 17404 PHONE (717) 846-9800 FAx(717) 843.6134 www.stackandleader.com January 13, 2005 Srou AND LEA m A PEoEEaaNAL CD EADON HENRY B. LEADER ). Ross McGnoas RAYMOND L. HoV BYRON H. LECAm MARmTTA H. BARSOUR DAV A. JoNRs B ENN J. Mn RR Run K. LAm NATHAN C. PLATT MCCLEAN sT (1881-1962) BASIL A. 5HORR (1910-1988) Direct Dial: (717) 849-4135 E-MailAddress: truth@stockandleader.com Taryn N. Dixon Cumberland County Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Cory A. Cormany v. Tina D. Adams Case No. 03-1876 In the Court of Common Pleas of Cumberland County, Pennsylvania Dear Ms. Dixon: Enclosed please find two (2) copies of Defendant's Memorandum of Law in Support of Preliminary Objections to Plaintiffs March 25, 2004 and September 10, 2004 Complaints in the above matter. I am hereby filing them with your office in accordance with Rule 210-6 of the Cumberland County Local Rules. This matter has been listed upon the February 2, 2005 Argument list. Thank you very much for your attention to this matter. If you require anything further in connection with the filing of this Memorandum, please contact me. By copy of this letter, I am serving a copy of this Memorandum upon the Plaintiff. This letter shall serve as certification of that service. Very truly yours, STOCK AND LEADER rmothy TPR/kb Enclosures cc: Cory A. Cormany (w/copy of encl.) Alissa L. Gilfand, Esquire (w/copy of encl.) 1A7JSERS\KB\TPR\KENMAR\Cumb Co Ct Admin ItrAoc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY Plaintiff, V. TINA D. ADAMS Defendant. Case No. 03-1876 Civil Action - Law Jury Trial Demanded DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF HER PRELIMINARY OBJECTIONS TO PLAINTIFF'S MARCH 25 2004 AND SEPTEMBER 10, 2004 COMPLAINTS Defendant Tina D. Adams, by her attorneys, and pursuant to Penn. R. Civ. P. 1028(a)(4) and 1028(f), hereby files this Memorandum of Law in Support of her Preliminary Objections to Plaintiffs March 25, 2004 and September 10, 2004 Complaints. BACKGROUND Plaintiff Cory A. Cormany filed a complaint on or about April 23, 2003 claiming that he was discriminatorily denied employment by his ex-wife, Defendant Tina D. Adams, Director of Operations for Levine Enterprises, Inc., which owns a McDonald's restaurant in Carlisle, PA. The Complaint was captioned, "Cory A. Cormany v. Tina D. Adams." Plaintiff did not personally serve his complaint as required by Penn. R. Civ. P. 400, but rather served it by certified mail on or about April 25, 2003. On March 19, 2004, Defendant filed Preliminary Objections to Plaintiff s Complaint based on deficient service. In addition, Defendant argued that Plaintiff's Complaint should be dismissed because his claims were time- barred and he failed to exhaust his administrative remedies under either Title VII of the Civil Rights Act of 1964, 28 U.S,C. § 2000e, et. seq. or the Pennsylvania Human Relations Act, 43 CHI 10802289.1 P. S. § 951, et. seq. On May 19, 2004, this Court sustained Defendant's Preliminary Objections as to the deficient service of the complaint. Meanwhile, on March 25, 2004, unbeknownst to Counsel for Defendant, Plaintiff filed a second Complaint under the same case number as his original complaint (03-1876). However, this Complaint contained new allegations and a new caption - "Cory A. Cormany v. Kenneth Levine" (emphasis added). Plaintiff improperly served this Complaint by leaving it on the front counter of one of Levine Enterprise's McDonald's restaurants, located at 608 East High Street Road, Carlisle, Pennsylvania. The Store Manager who found it forwarded it to Controller Tina Sauter at Levine Enterprises' main office. See Sauter Aff. ¶ 4 (attached hereto at Tab A). Thinking this was an entirely new complaint because of the new caption, Ms. Sauter forwarded it to Hubert Gilroy, an attorney handling several other lawsuits against Ms. Adams filed by Plaintiff. Id. ¶ 4. Mr. Gilroy likewise believed it to be an entirely new complaint until Counsel for Defendant contacted him in late September and informed him it was the same case number with a different caption. Counsel for Defendant was prompted to contact Mr. Gilroy, with whom she had previously spoken about Plaintiff's other lawsuits against Ms. Adams, when she received notice that Plaintiff filed an "Amended Complaint," with the caption, "Cory A. Corniany v. Tina D. Adams," under Case No. 03-1876, on September 10, 2004. Plaintiff served the "Amended Complaint" by regular U.S. Mail on Levine Enterprises on or about September 27, 2004. Sauter Aff. ¶ 5. The Amended Complaint raises different claims than those raised in his April 23, 2003 Complaint.] Regardless, Plaintiff has again failed to serve his Amended Complaint in 1 Like his original Complaint, Plaintiff s Amended Complaint is largely unintelligible. It does, however, make allegations that Defendant terminated several McDonald's employees. Attached to Plaintiff's Amended Complaint under Exhibit D are documents purporting to be sworn CHI 10802289.1 accordance with Penn. R. Civ. P. 400. As a result, Plaintiffs Amended Complaint should be dismissed. ARGUMENT Preliminary objections admit as true all facts which are well pleaded as well as all inferences which are reasonably deducible therefrom. See Pennsylvania Academy of Chiropractic Physicians v. Department of State, Bureau of Professional & Occupational Affairs, 129 Pa. Commw. Ct. 12, 564 A.2d 551 (1989). Preliminary objections to a complaint should be sustained where it appears with certainty that the law will not permit recovery. See Mucy Creek Totivnship Citizens Committee v. Shipman, 132 Pa. Commw. Ct. 543, 573 A.2d 662 (1990). Applying these standards to Plaintiffs complaint, it is clear that Defendant's preliminary objections should be sustained. L Plaintiff s Complaint was Improperly Served. Pursuant to Penn. R. Civ. P. 400(a), "original process shall be served within the Commonwealth only by the sheriff." Further, service shall be made "within thirty days after the issuance of the writ or the filing of the complaint." Penn. R. Civ. P. 40 t (a). Plaintiff filed his original Complaint on April 23, 2003 and sent it to Defendant by certified mail on or about April 25, 2003. On March 19, 2004, Defendant filed preliminary objections to Plaintiff s complaint based, in part, on deficient service. On May 19, 2004, the Court sustained Defendant's preliminary objections to Plaintiff s Complaint because it was not properly served. In the meantime, in March, 2004, Plaintiff filed a second Complaint with a different caption and new allegations, under Case No. 03-1876. Again, he failed to serve this Complaint in accordance statements and verifications from the McDonald's employees referenced in Plaintiffs Amended Complaint. Defendant believes each of the verifications to be inaccurate. As detailed in Tina Sauter's Affidavit (¶¶ 6-8), several of the names of these "witnesses" are spelled incorrectly and some of them have never been employed with Levine Enterprises. CHI 10902289.1 with Penn. R. Civ. P. 400(a). Moreover, Plaintiff improperly changed the caption of the complaint to sue "Kenneth Levine" instead of "Tina D. Adams" but kept the same case number. Plaintiff did not take any further action with respect to his March 25 Complaint. Then, on September 10, Plaintiff filed an "Amended Complaint," under Case No. 03-1876, with the correct caption - "Cory A. Cormany v. Tina D. Adams - but with different allegations than those made in his April, 2003 Complaint. Like his first and second Complaints, Plaintiff did not serve his September 10 "Amended Complaint" in accordance with Penn. R. Civ. P. 400(a), but rather served it by regular mail. Under the Pennsylvania Rules of Civil Procedure, Plaintiff's service of both the March 25 and September 10 Complaints is deficient. Plaintiff failed to correct the deficient service of his original Complaint (filed April 23, 2003), and his service of the two subsequent Complaints - one of which inappropriately contained an entirely new caption -was therefore improper. Independent of his original complaint, service by leaving a complaint on a counter of a McDonald's restaurant and by U.S. Mail was also improper under Penn. R. Civ. P. 400(a). As a result, his March 25 and September 10 Complaints, like his original Complaint, should be dismissed and service should be set aside. 4 CHI 10802289.1 CONCLUSION For all of the foregoing reasons, Defendant respectfully requests that the Court sustain its preliminary objections to Plaintiffs March 25 and September 10 Complaints under Penn. R. Civ. P. 1028(a)(4) and dismiss them with prejudice. Respectfully submitted, TINA D. ADAMS By .-, - One of H r Att ne Yvette Heintzelman Alissa L. Gilfand SEYFARTH SHAW LLP 55 East Monroe Street Suite 4200 Chicago, IL 60603 (312) 346-8000 Timothy Ruth STOCK AND LEADER 221 W. Philadelphia St. Ste. E600 York, PA 17404 (717) 846-9800 Supreme Court ID #: 26024 5 CHI 10802289.1 CORY A. CORMANY, Plaintiff V. TINA D. ADAMS, Defendant IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 19ffi day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected to personal jurisdiction of the court. BY THE COURT, esley aler, Jr., J. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant CORY A. CORMANY, IN THE COURT OF COMMONPLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TINA D. ADAMS, Defendant NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. OPINION and ORDER OF COURT OLER, J., May 19, 2004. For disposition in this civil case in which a pro se Plaintiff has sued his former wife' are preliminary objections filed by Defendant to Plaintiffs complaint. The preliminary objections include an objection based upon improper 2 service. Defendant's preliminary objections were argued before the above court en banc on April 21, 2004.3 For the reasons stated in this opinion, Defendant's preliminary objection based upon improper service of the complaint will be sustained, and the service will be set aside. STATEMENT OF FACTS Plaintiff is identified in his complaint as "an adult individual residing in Cumberland County, Pennsylvania. ,4 Defendant is similarly identified in the complaint as "an adult individual residing in Cumberland County, Pennsylvania."5 1 See Plaintiff s Complaint, para. 12. 2 See Defendant's Preliminary Objections to Plaintiff s Complaint, para. 2; Pa. R.C.P. 1028(a)(1). 3 Plaintiff neither filed a brief nor appeared for the argument. 4 Plaintiff s Complaint, para. 1. ' Plaintiff s Complaint, para. 2 Plaintiff's complaint appears to be related to a failure of a McDonald's restaurant franchisee (for which his former wife worked) to employ him.6 Representative of the largely unintelligible allegations in the complaint are these: 8. To or about the month of April of the year 2001, the plaintiff did retain and service an employment application at the Ames Dept. Stores of Carlisle, the Old M.J. Mall location, foregoing a timely full-time employment. 9. Preceding the issues described in the aforementioned statements, the plaintiff, Cory A. Cormany, did achieve and retain employment opportunity at the McDonalds Co. of Carlisle, non faulted an expiry period, obligatory a minor child; (Alexandria Christine). 10. In or about the month of September of the year 2002, the plaintiff did sustain an employment application at the McDonalds Co. of Carlisle, argumentative several entailed locations, liberal a documentation. 12. Pursuant the foregoing business the defendant, Tina D. Adams, did divorce the plaintiff, Cory A. Cormany, allegorical an alcohol/driving issue; nonreliable a vehicle and a decree, and did marry a convicted narcotics offender, substantial an equal opportunity employer.7 Defendant indicates that Plaintiff's complaint was served by certified mail.8 No sheriffs return appears in the record. DISCUSSION Under Pennsylvania Rule of Civil Procedure 400(a), as a general rule "original process shall be served within the Commonwealth only by the sheriff." As has been stated by the Pennsylvania Superior Court, "[r]egardless of whether 6 See Plaintiff's Complaint, paras. 13-14. 7 Plaintiff's Complaint, paras. 8-10, 12. 8 Defendant's Preliminary Objections to Plaintiffs Complaint, para. 2. 2 the action is commenced by writ of summons or where, as here, the action is commenced by a complaint, service of process is essential to commencing the action. Proper service is a prerequisite to a court acquiring personal jurisdiction over a defendant." Ramsay v. Pierre, 822 A.2d 85, 89 (Pa. Super. 2003). Where service is improper, it may be set aside. Collins v. Park, 423 Pa. Super. 601, 621 A.2d 996 (1993). Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 19`x' day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected to personal jurisdiction of the court. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant 3 CERTIFICATION OF SERVICE AND NOW, this Irt• day of 2005, I, Cory A. Cormany foregoing the aforesaid matter knowledgeable a legal pretext, and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person or by the United States Mail at Carlisle Pennsylvania, addressed as follows: C/O Mr. Ken Levine Ms. Tina D. Adams McDonalds Company 123 South Pitt Street Carlisle, PA 17013 Mr.Timothy Ruth Stock & Leader 221 W. Philadelphia St. Ste. E600 York, PA 17404 Ms. Yvette Hientzelman Seyfarth Shaw LLP 55 East Monore Street Chicago, IL 60603 Co A. Corm y 1883 Douglas Dr. Carlisle, PA 17013 (8) r? 1.14. D 4t li CORY A. CORMANY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW TINA D. ADAMS, Defendant NO. 03-1876 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S MARCH 25, 2004, AND SEPTEMBER 10, 2004, COMPLAINTS BEFORE OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 17'h day of February, 2005, upon consideration of Defendant's Preliminary Objections to Plaintiffs March 25, 2004, and September 10, 2004, Complaints, and of Defendant's "Motion To Dismiss," it is ordered and directed as follows: 1. With respect to Defendant's preliminary objections, following oral argument held on February 2, 2005, which Plaintiff did not attend, and it appearing that Plaintiffs amended complaints were not filed in compliance with Pennsylvania Rule of Civil Procedure 1033, Plaintiffs amended complaints filed March 25, 2004, and September 10, 2004, are dismissed; and 2. Plaintiffs "Motion To Dismiss," to the extent that it opposes dismissal of the amended complaints, is denied. BY THE COURT, /Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, Pro Se ()),-/9-64-5 VYvette Heintzelman Alissa L. Gilfand, Esq. Seyfarth Shaw LLP 55 East Monroe Street Suite 4200 Chicago, IL 60603 Attorneys for Defendant ,1"i'mothy Ruth, Esq. Stock and Leader 221 W. Philadelphia Street Ste. E600 York, PA 17404 Attorney for Defendant Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor d3 - / 8716 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573