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CORY A. CORMANY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
EARL F. REITZ, JR., ET AL.
: 01-6467 CIVIL TERM
AND NOW, this
ORDER OF COURT
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day of November, 2001, the petition of Cory A.
Cormany to proceed without being required to pay fees, IS DENIED.
Edgar B. Bayle, ........
Cory A. Cormany, Pro se
1883 Douglas Dr.
Carlisle, PA 17013
and
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
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The Court of Common Pleas
Cumberland County
The Commonwealth of Pennsylvania
RE:
Cory A. Cormany v.
Earl F. Reitz, Jr., et al.
PETITION
I, Cory A. Cormany, declare that I am the petitioner in the above titled
proceeding; that in support of my request to proceed without being required
to prepay fees, costs or give security thereof, I state that because of my
poverty, I am unable to pay the cost of said proceedings or give security
thereof; that I believe I am entitled to relief. The nature of my action,
defense, or other proceedings or the issues I intend to present on appeal
briefly stated as follows:
In further support of the application, I answer the following questions:
1. Are you presently employed? (No)
2. Have you received within the past twelve months any money
from any of the following sources?
(a) Business, profession or other form of self-employment?
(No)
(b) Rent payments, interest or dividends?
(No)
(c) Pension, annuities or life insurance payments?
(No)
(d) Gifts or inheritances?
(No)
(e) Any other sources?
(No)
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3. Do you have any cash, or do you have money in checking/savings
accounts? (Yes) I have approximately twenty five and 00
dollars available in my checking/savings account.
4. Do you own or have any interest in any real estate, stocks,
bonds, notes, automobiles or other valuable property (excluding
ordinary household furnishings and clothing)? (No) Not at
present.
5. List the persons who are dependent upon you for support, state
your relationship to those persons and indicate how much you
contribute toward their support. I have an unsecured loan with
American General Finance Company for amounts required. I
have a biological daughter, however, is relevant to proceeding
concerning financial obligation.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on__Ji!.J.Z:.!-QL________
~Q. '
Cory A. Cormany
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Dennis E. Lebo
CLERK OF COURT
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Charles R. Gerow
SOLICITOR
Elizabeth A. Walters
FIRST DEPUTY
Cheryl F. Sipe
COST COLLECTION MANAGER
One Courthouse Square
Carlisle, Pennsylvania 17013
QJ1erk of QIoud
of QIumh~rlllnb QIountll
(717) 240-6250
Fax (717) 240-6571
October 29,2001
Cory Cormany
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
RE: Superior Court Appeal
Dear Mr. Cormany:
Enclosed please find the appeal to Superior Court that you sent to our office.
Unfortunately, we are unable to accept your appeal, due to the fact that it is past the 30
day appeal period. You will need to file a Petition to Proceed Nunc Pro Tunc in our
office. You may contact your attorney or refer to thfi! Pennsylvania Rules of Criminal
Procedure. If you have any questions, please do not hesitate to contact me. Thank
you.
Sincerely,
~e4-
Dennis E. Lebo
Clerk of Court
Enclosures
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COMMONWEALTH OF PENNSYLVANiA
COUNTY OF: cm.mERLAND
NOTICE OF INDIGENCY HEARING
Mag"Oisl No.:
09-2-01
e
COMMONWEALTH OF
PENNSYLVANIA
OJ Name: Hon,
PAULAP. CORREAL
Add",,,, EAST WING - COURTHOUSE
1.. COURTllOUSE SQUARE
CARLISLE, PA.
r.'..ho,., (717) 240-6564... 17013-0000
DEFENDANT:
r;: NAME and ADDRESS
CORMANY, CORY ALLISTER
1883 DOUGLAS DR.
CARLISLE, PA 17013
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VS.
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CORY A. CORMANY
1883 DOUGLAS DR.
CARLISLE, PA 17013
Docket No.: NT- 0000726-96
Date Filed: 5/29/96
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18 52709 55A3 HARASSMENT/REPEATEDLY ALARM, ANNOX.
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(Charge)
I, PAULA P CORREAL , hereby state that on December 3, 19 96,
I sentenced you, the above defendant, to pay a fine and/or costs in the amount of $172 . 50
for violating the above charge(s). You have failed to pay the above fines and/or costs, and accordingly, I have set
an indigency hearing to determine your financial status due to your failure to pay the fine and costs which were
imposed againstyoLJ in the above, captioned case. To date, you owe this court $172 . 50 in
fines, fees and costs. ThehE;laring is scheduled to be held as follows:
I Date: 2/21/97 , Place:DISTRICT COURT 09-2-01
'. . ";,..... , .,. , EAST WING - COURTHOUSE
Time: 9:30 AM 1 COURTHOUSE SQUARE
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At the hearing, you must appear and inform the court of any changes in your financial condition. The court may
extend, acceierate, leave unaltered or impose imprisonment for non-payment of these fines and costs. If you fail.
. to appear, a warrant will be issued for your arrest.
At this hearing, you may have a right to be represented by an attorney. If you cannot afford an attorney and you
qualify, one may be appointed for you. Please contact:
for additionai information regarding the appointment of an attorney.
Payment of fines and costs.in FULL will excuse the necessity of your appearance at this hearing.
If you are disabled and require assistance, please contact the Magisterial District office
at the address above.
If you have any questions, pie e abovrniateil1
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~_ Date ( \. ',.)./,; "'...;i_,.J.(/ _
My commission expires firstMonday of January, 2000. SEAL
, District Justice
DATE PRiNTED: 1i14;97
"ope 631.94
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COMMONWEALTH OF PENNSYLVANIA' - .
COUNTY OF: CUMBERLAND
NOTICE OFINDIGENCY HEARING
09-2-01
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COMMONWEALTH OF
M-;; Disl No,:
D.I Nl:Ulle: Hen.
PAULA P.CORREAL
Add""" EAST WING - COURTHOUSE
, 1,.COUR,THOUSESQUARE
, CARLISLE; . PA. .
r,'epno", (717) 240-6564 ." . 17013~0000
PENNSYLVANIA
CORY A. CORMANY
1883 DOUGLAS DR.
CARLISLE, PA 17013
DEFENDANT:
r;: NAME arid ADDRESS
CORMANY, CORY ALLISTER
1883 DOUGLAS DR.
CARLISLE, PA 17013
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VS.
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Docket No.: NT-0000727-96
Date Filed: 5/29/96
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18 ~2709 ~~A3 HARASSMENT/REPEATEDLY ALARM, ANNOY
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(Charge)
I. PAULA P CORREAL ,herebystatethaton December 6 ,19 96,
I sentenced you, the above defendant, to pay a fine and/or costs in the amount of $172 . 50
for violating the above charge(s). You.have failed to pay the above fines and/or costs, and accordingly, I have set
an indigency hearing to determine your financial status due to your failure to pay the fine and costs which were
imposed against you in the above captioned case. To date, you owe this court $172 .50 in
fines, fees and costs. The hearing is scheduied to be held as follows:
Date:
2/21/97
9:30 AM
Place: DISTRICT COURT 09-2-01
.. EAST WING - COURTHOUSE
. J. COURTHOUSE SQUARE
Time:
At the hearing, you must appear and inform the court of any changes in your financial condition. The court may
extend, accelerate, leave unaltered or impose imprisonment for non-payment of these fines and costs. If you fail
to appear, 'a warrant wiH. be issued for your arrest.
At thiS hearing, you may have a right to be represented by an attorney. If you cannot afford an attorney and you
qualify, one may be appointed for you. Please contact:
-'----, -.'.
for additional information regarding the appointment of an attorney.
Payment of fines and costs in FULL wiH excuse the necessity of your appearance at this hearing.
If YOiJ are disabled and require assistance, please contact the Magisterial District office
at the address above.
If you have any questions, fl'
'1;j;~/97 . Date .'
, District Justice
My commission expires first Monday of January, 2000.
SEAL
DATE PRINTED: 1114197
AOPC 631-94
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COMMONWEALTH OF PENNSYLVANIA'
COUNTY OF: CUMBERLAND
09-2-01
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NOTICE OF TRIAL
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
Mag, Dis!. No,:
DJ Name: Hon.
PAULA P. CORREAL
Add,,,,, 1 COURTHOUSE SQUARE
CARLISLE, PA
Telepho", (717) 240 - 6564
17013-0000
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DEFENDANT: NAME and ADDRESS
!coRMANY, . CORY A
1883 DOUGLAS DR
CARLISLE, PA 17013
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Docket No.: NT-0000777-01
Date Filed: 5/21/01
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CORY A. COBMANY
1883 DOUGLAS DR
. CARLISLE, PA 17013
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S5505 SS PUBLIC DRUNKENNESS,
This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $
has been accepted as collateral for your appearance at trial.
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Your trial has been scheduled as follows:
Date:
9
Place: DISTRICT COURT .0--2--1
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
Time:
You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your
responsibility to notify your attorney and/or witnesses of this trial date and time.
Should you fail to appear, a warrant may be issued for your arrest.
If you have any questions. please caii the above office immediately.
If you are disabled and require assistance, please contact the Magisterial District office at the address above.
.6/25/010ate e&..I'.t -~tNu'-e
. ,District Justice
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My commission expires first Monday o/January, 2006. .'
SEAL
DATE PRIN'1'ED:
6/25/01
CITATION NUMBER: P1896187-6
. DATE CITATION SIGNED :
5/21/01
AOPC 611-98
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. CQfv1MONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-2-01
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NOTICE OF TRIAL
SUMMARY CASE
COMMONWEALTH OF
PENNSYL Y ANIA
Mag, Oist. No.:
OJ Name: Hon,
. PAULA p. CORREAL
Ad,""" 1 COURTHOUSE SQUARE
." '. CARLISLE, pA
CORY A. CORMANY
1883 DOUGLAS DR
CARLISLE, PA 17013
DEFENDANT: " ,,', . NAME and AOORESS ,
rcoiuWrr;.'CbRYA
1883 DOUGLAS DR
CARLISLE, PA 17013
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Docket No.: NT-0000778 - 01
Date Filed: 5/21/01
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This court has received your plea of NOT GUILTY to the above summary violation(s), The sum of $
has been accepted as collateral for your appearance at trial.
Your trial has been scheduled as follows:
.00
Date:
9 12 01
Place: DISTRICT COURT 0 - -
Time:
AM
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your
responsibility to notify your attorney and/or witnesses of this trial date and time.
Should you fail to appear, a warrant may be issued for yourarrest.
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If you are disabled and require assistance, please contact the Magisterial District office at the address above.
6/25/01 Date CJ?"A _~~~
My commission expires first Monday of January, 2006.
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SEAL
DATE PRINTED:.
6/25/01
CITATION NUMBER: 1'1896608-0
DATE CITATION SIGNED:
5/21/01
AOPC 611-98
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COUNTY OF: CUMBERLAND
09-2-01
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NOTICE OF TRIAL
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
Mag. Dis!. No,:
OJ Name: Hon,
PAULA P. CORREAL
Add""" 1 COURTHOUSE SQUARE
'" .. CARLISLE, PA
";:~;~~;;;;, '(7}7):240'~,!i564> '. . '~7013 - OO()O
CORY A. CORMANY
1883 DOUGLAS DR
CARLISLE, PA 17013
VS.
Ol:FSNpANT:, ',' NAMEandADDAESS'
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CORMANY,'. CORY A
1883 DOUGLAS DR.
CARLISLE, PA 17013
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Docket No.: NT-0000779 - 01
Date Filed: 5/21/01
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SIAl HARASSMENT
This court has received your plea of NOT GUILTY to the above summary violation(s), The sum of $
has been accepted as collateral for your appearance at trial.
Your trial has been scheduledasfoliows:
.00
Date:
Place: DISTRICT' COURT
1
Time:
1 COURTHOUSE SQUARE
CARLISLE, PA17013-0000
You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your
responsibility to notify your attorney and/or witnesses of this trial date and time,
Should you fail to appear, a warrant may be issued for your arrest.
- ~ Ifyo~~hav~ aniqUegti~ns,'~ie~se c~lfthe ~6b~;/:office im~:dj~i~jy'-
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If you are disabled and require assistance, please contact the Magisterial District office at the address above.
6/25/01 Date c&../.t (~~-e
My commission expires first Monday of January, 2006_
, District Justice
SEAL
DATE PRINTED:
6/25/01
CITATION NUMBER: P1896186-5
DATE CITATION SIGNED:
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5/21/01
AOPC 61'1 -98
,qs:!~ONWE.ALtH'OrPENNSYL\JAN\A
CoDNIY or: CU14BERLAND
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Date riled'. 5/21./01.
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'Should yqu lailtoappear,a warrant may be i?sl!ed lor yourarrei?t. .
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DATE PlnNrED:
6/25/01
CITATION NUMBER: P189660'1-6
DATE CITATION SIGNED:
5/21./01.
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Cp"f\.1.MONWEALTH OF PENNSYLVANIA
,COtJNTY OF: CUMBERLAND
09-2-01
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NOTICE OFT RIAL '
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
,-' Mag. Oist. No,;
OJ Name: HQn.
PAm:;A P. CORREAL
Add"" ~"'GoURTa:OUSE SQUARE
CARLISLE,'PA
~'Je";hGri;(7~'7)2'\l0 ~ 6564
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17013,-0000
VS.
DEFENDANT: NAME and ADDRESS
rCo~,CORYA '
1883 DOUGLAS DR
CARLISLE,'PA 17013
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Docket No.: NT- 0000781- 01
Date Filed: 5/21/01
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CORYl\.. CORMANY
1883 ,DOUGLAS DR
CARLISLE, PA17013
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SSA1 HARASSMENT
This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $
has been accepted as collateral for your appearance at trial.
.00
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','Yourtrial has been scheduled as follows: "
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Date:
Time:
AM
Place: DISTRICT COuRT09 - -
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your
responsibility to notify your attorney and/or witnesses of this trial date and time,
" Should yqu fail: to app~ar,: a warrant \flay be issued for your,arre\,t.,
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If you have any questions, please call the above office immediately, '
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If you are disabled and require assistance, please contact the Magisterial District office at the' address above.
6/25/01 Date c&~~lAV-€
, District Justic~.
, ,-, ' .
':'Myco~mlssionexpires first Monday of January, 2006,
,SEAL
DATE PRINTED:
6/25/01
CITATION NUMBER: P1896606-5
DATE CITATION SIGNED:'
5/17/01
AOPC 611-98
VS.
DEFENDANT: NAME."ADDRESS
IcoRMANY, CORY ALISTER
1101 CLAREMONT. RD
CARLISLE, PA 17013
L
Docket No,: CR- 0000574- 01
Date Filed: 10/02/01
OTN: H 424983-6
~~'
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COMMONWEALTH OF PENNSYLVANIA.
COUNTY OF: CUMBERLAND
@
Mag. Dlst. No.;
09-2-01
OJ Name: Hon,
PAULA P. CORREAL
Add"" 1 COURTHOUSE SQUARE
CARLISLE, PA
r",ph"" (717) 240 - 6564
17013-0000
CORY A. CORMANY
1101 CLAREMONTRD
CARLISLE, PA 17013
"' ~ """""",,' '~~ I ~,.'o'" "."".iMim 'I~";" "'~'J'ioOl!li~~-\;;~i!h"w,
.. NOTICE OF
PRELIMINARY HEARING
COMMONWEALTH OF
PENNSYLVANIA
.,
-.J
Charoels\:
18 S5~04 IS REl'lISTING ARREST OR OTHER LAW ENFORCEMENT
NOTICE TO DEFENDANT
A complaint has been filed charging you with the offense(s) set forth above and on the attached copy of the
complaint. A preliminary hearing on these charges has been scheduled for:
Date: 12/07/01 Place: DISTRICT COURT 09-2-01
CUMBERLAND COUNTY PRISON
Time: 9:30AM . 11 0 1 CLAREMONT ROAD
CARLISLE, PA 17013-0000
If you fail to appear at the time and piace above, a warrant will be issued for your arrest.
At the preliminary hearing you may:
1, Be represented by counsel;
2. Cross-examine witnesses and inspect physical evidence offered against you;
3. Call witnesses on your behalf other than witnesses to testify to your good reputation only,
offer evidence on your behaif and testify;
4. Make written notes of the proceeding, or have your counsei do so, or make a stenographic,
mechanical or electronic record of the proceedings.
If you cannot afford to hire an attorney, one may be appointed to represent you. Please contact the
office of the district justice for additional information regarding the appointment of an attorney.
If you are disabled and require assistance, please contact the Magisterial District office at the
address above.
If you have any questions, please call the above office immediately.
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DATE COMPLAINT Stli~.lSDI.::,~.1:pf02/01
. 111,~ '4 I , J./ " \ \ \ \' .
10/10/01 Date
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My commission expires first Monday of January, 2006 .
DATE PRINTED:
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AOPC 629-97
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Inmate Commissary-Order. .@ . Cumberland
Tuesday, August 28, 2001
Page 1
cUM-91483 GENERAL UNIT F 05
order no. section block '" cell
...~ .
Item Description .. Iterrll D
1
1 Nutrageous 110210
1 Jolly Rancher Assorted 11,1200
1 Baby Ruth \' 112060
1 Peanut Brittle 113305
1 Hard Candy-Sugar Free 113930
,
1 Granola Bar-Oats & Honey , 114010
2 Popcorn-S~artfood, Cheese , 122120
1. Cheese. Curls-Fried. (LSS) 122162
1 Tortilla Chips-Nacho (LSS) 122505
2 Cheez-It's 127820 ...
2 Soup-Cup, Shrimp 171010
2 Soup-Cup, Beef Flavor 171020
1 Candy-Hard, Fi~e Balls 184495 J
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1. Soap-Mountain Fresh -74303e --"
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1 0.70 0.70
1 0.60 0.60
1. 0.60 0.60
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1 0.55 0.55.
2 0.45 0.90
1. 0.65 0.65
1 0.65 0.65
2 0:50 1.00
2 0.65 1.30
2 0:~5, 1.30
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Health and Welt'are Plan
Confirmation of Enrollment
Statement Date 07-()Il-2001
Soc. Sec. Num. 1&2-62-5623
002411 0774~ ~THOuR 07746 403
CORY A. CORMANY
1883 DOUGLAS DRIVE
CARLISLE PA 17013
This statement confirms the hen fils that have been aSkigned to you, The elections listed below will
remain in effect nntilthe end of'the phm year nllless you have a qualified change in status -
exceptions cannot be made.
The prices listed below arc hased on your current pay fre<luency of bi-weekly. If your pay frequency
changes, so will the prices listcd helow. '
Please review this slatemenl carefully. If Y"U need III make a change, immediately call the Kmart
Benefits Service ('enter at 1-800-33KMART. You must call hy August 8, 2001 to make any changes.
A Kmart Benefits Service Cenler Representative will he ahle to advise you on allowahle changes. They
are available between 9:00 a.m. and 6:00 p.m. (Eastcrn time), Mlluday thwugh Friday.
-
Para hablar con un represcntante del Kmart Benctits Serviec Center (~n espanol. lIame
1-888-236-4125.
Benefit Choices Coverage EITective 09-01-2001
Benefit Choices
· Medical
Option O-No ('owragc
Tobacco User Pledge
You did not pledge that you and your covcrcd dependents will remain tohacco
free from your medical coverage effcctive date through the end of the plan year.
Pay P.riod
Price
$0.00
· Dental
Option O-No Coverage
NOTE: Dental coverage is etl'ective 12-01-2001.
$(l.OO
· Basic Group Life and All&D Insurance
Kmart Corporation providcs you with l3asic Group Life and AD&D Insurance
coverage of I x Basic Coverage-$16,1 ~lll at no cost.
$0.00
10 1 36-U02417
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COMMONWEALTH
@
IN THE COURT OF COMMON PLEAS OF
CUMBER~~ tOul~TY, PENNSYLV~~IA
'-f._ I-'(//~{:
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01-0092 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMARY
DISORDERLY CONDUCT
AFFIANT: PTL. JEFFREY KURTZ
CITATION P1899031-1 ~
01-0093 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMARY
PUBLIC DRUNKENNESS
AFFIANT: PTL. JEFFREY KURTZ
CITATION P1725560-4'Y
~-.t' '-
01-0094 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMARY
PUBLIC DRUNKENNESS
AFFIANT: SGT. MICHAEL GUIDO
CITATION P1725729-5
01-0095 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMARY
ALCOHOLIC BEVERAGE-PUBLIC
CONSUMPTIQN
AFFIANT: PTL. WILLIAM D. MILLER
CITATION P1899036-6 *
01-0096 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMARY
(1)PUBLIC DRUNKENNESS
(2)OPEN CONTAINER
AFFIANT: PTL. WILLIAMD. MILLER
CITATION P1725700-4 ~
CITATION P1725699-3
CORY ALISTER CORMANY
01-0097 CRIMINAL TERM
CHARGE: . APPEAL FROM SUMMARY
(1) PUBLIC DRUNKENNESS
(2)OPEN CONTAINER
AFFIA.~: PTL. WILLIAM D. MILLSR
CITATION P1725668-0 *
CITATION P1725669-1 ~
IN RE: DEFENuANT FOUND GUILTY & BENCH WARRANT
ORDER OF COURT
Ah~ NOW, this 24th day of July, 2001, the defendant
having failed to appear, pursuant to Pennsylvania Rule of
Criminal Procedure 462, the appeals are deemed withd~awn, and
the defendant is found guilty on a~l charges, the sen~ence of
cne Dist~:~t _'us~~c~ ~e ~Ei~s~at~~! sentence of the court being
as fol~.o\-\7s:
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COMMONWEALTH V. CORY ALISTER CORMANY
At 01-0092 Criminal Term, sentence of the court is
that the defendant pay the costs of prosecution and undergo
imprisonment in the Cumberland County Prison for a period of not
less than thirty days.
At 01-0093 Criminal Term, sentence of the court is
that the defendant pay the costs of prosecution and undergo
imprisonment in the Cumberland County Prison for a period of not
less than thirty days. This sentence to run consecutive to the
sentence imposed at 01-0092.
At 01-0094 Criminal Term, sentence of the court is
that the defendant pay the costs of prosecution and undergo
imprisonment in the Cumberland County Prison for a period of not
less than thirty days. This sentence to likewise run
consecutive to the foregoing sentences.
At 01-0095 Criminal Term, sentence of the court is
that the defendant pay the costs of prosecution and a fine of
$25.00.
At 01-0096 Criminal Term, sentence of the court at
Count 1, a count of Public Drunkenness, is that the defendant
pay the costs of prosecution and undergo imprisonment in the
Cumberland County Prison for a period of not less than thirty
days, to run consecutive to the sentences already entered in
this case. On Count 2, Open Container, the court notes that the
defendant was found not guilty.
At 01-0097 Criminal Term, sentence of the court at
Count 1, a count of Public Drunkenness, is that the defendant
ps.y the C8Stf: :..: prose:::utioI;. and undergo imprisonment in the
cumberland County Prison for a period of not less than thirt'"
c.ays I
~o ru~ consesut~ve to L~e oLner se~~c~ces here~~ ~mpose~.
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COMMONWEALTH V. CORY ALISTER CORMANY
Sentence of the court at Count 2, a count of Open Container, is
that the defendant pay the costs of prosecution ana a fine of
$25.00.
A bench warrant is issued for the defenaant's arrest
and for his immediate commitment to the Cumberland County Prison
for the purpose of service of the sentences herein imposed. It
is noted that the defendant is not deserving of any credit for
time previously served in. these cases.
By the Court,
IlJ
. Hess, J.
lI.lina Andreoli
Certified Legal Intern
Office of the District Attorney
Darrell Dethlefs, Esquire
Court-appointed for the Defendant
Probation
Victim Services
DJ Correal
Sheriff
CCP
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I, Cory A. Connany, do hereby solemnly swear that I served the affidavit
included Defendant Earl F. Reitz, The Administration and Staff of Cumberland
County Prison by depositing in the mail at the Cumberland County Prison a copy
of same addressed to the District Attorney's Office of Cumberland County,
Pennsylvania.
Dated
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SERVICE
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I, Cory A. Cormany, do hereby solemnly swear that I served the
affidavit included Defendants Steve Calaman, Carl Heyward, Frank
Teaney, Mathew Kennedy and William Diehl by depositing in the mail at
the Cumberland County Prison a copy of same addressed to the District
Attorney's Office of Cumberland County, Pennsylvania.
Dated
il('1/61
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RE: District Attorney
Cumberland County
Court House Square
Carlisle, Pa. 17013
c0
Defendant:
Steve Calaman
Carl Heyward
Frank Teaney
Mathew Kennedy
William Diehl
Unidentified
I, Cory A. Cormany, being a citizen of the United States of
America, do hereby state and swear that at or about February, of the
year 1995, and through or about December, of the year 2001, 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 the 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) 2504. Involuntary Manslaughter - (a) General rule - a person is
guilty of involuntary manslaughter when as a direct result of the
doing of a lawful act in a reckless or grossly negligent manner,
he causes the death of another person. (b) Grading - Involuntary
manslaughter is a misdemeanor of the first degree where the victim
is under 12 years of age and is in the care custody or control of
the person who caused the death involuntary manslaughter is a
felony of the second degree.
3) 2706. Terroristic Threats - a person is guilty of a misdemeanor of
the first degree if he threatens to commit any crime of violence
with intent to terroize another or cause evacuation of a building,
place of assembly, or facility of public transportation, or other-
wise to cause serious public inconvenience .or in reckless disregard
of the risk of causing such terror or inconvenience.
4) 2710. Ethnic Intimidation - a person commits the offense of ethnic
intimidation if, with malicious intention toward the race, color,
religion or national origin of another individual or group of
individuals, he commits an offense under any other provision of
this article or under Chapter 33 (relating to arson, criminal
mischief and other property destruction) exclusive of section 3307
(relating to institutional vandalism) or under section 3503
(relating to criminal tresspass) or under section 5504 (relating to
harassment by communication or address) with respect to such
individual or his or her property or with respect to one or more
members of such group or to their property. (b) Grading - an offense
under this section shall be classified as a misdemeanor of the third
degree if the other offense is classified as a summary offense.
Otherwise, an offense under this section shall be classified one
degree higher in the classification specified in section 106
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(relating to classes of offenses) than the classification of the
other offense. (c) Definition - as used in this section '~alicious
intention" means the intention to commit any act the commission
of which is a necessary element of any offense r~ferred to in
subsec~ion (a),m?tivated by hatred toward the race, color, religion
or natlonal orlgln of another individual or group of individuals.
5) 2902. Unlawful Restraint - a person commits a misdemeanor of the
first degree if he knowingly: (1) restrains another unlawfully in
circumstances expo~ing him to risk of serious bOdily injury; or
(2) holds another In a condition of involuntary servitude.
6) 2903. False Imprisonment - a person commits a misdemeanor of the
second degree if he knowingly retrains another unlawfully so as
to interfere substantially with his liberty.
7)
8)
9)
10)
11)
12)
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.
3107. Resistance Not Required - the alleged victim need not resist
the actor in prosecutions under this chapter. Provided, however,
that nothing in this section shall be construed to prohibit a
defendant from introducing evidence that the alleged victim
consented to the conduct in question,
4114. Securing Execution of Documents by Deception - a person
commits a misdemeanor of the second degree if by deception he
causeS another to execute any instrument affecting or purporting
to affect or likely to affect the pecuniary interest of any person.
4501. Definitions "Harm" - loss disadvantage or injury, or anything
so regarded by the person affected, including loss, disadvantage or
injury to any person or entity in whose welfare he is interested.
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.
5301. Official Oppression - a person acting or purporting to act
in a official capacity or taking advantage of such actual or
purporting capacity commits a misdemeanor of the second degree if
knowing that his conduct is illegal, he (1) subjects another to
arrest, detention, search, seizure, mistreatment, dispossession,
assessment, lien or other infringement of personal or property
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rights; or (2) denies or impedes another in the exercise or
enjoyment of any right, privilege, power or immunity.
13) 5302. Speculating or Wagering on Official Action or Information -
a public servant commits a misdemeanor of the second degree if in
contemplation of official action by himself or by a governmental
unit with which he is associated, or in reliance on information
to which he has access in his official capactity and which has
not been made public he: (1) acquires a pecuniary interest in any
property, transaction or enterprise which may be affected by such
information or official action; (3) aids another to do any of the
following.
903 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
2504 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
2706 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
2710 - 1982, June 18, P.L. 537, No. 154, 1, imd. effective.
2902 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
As amended 1974, Dec. 30, P.L. 1129, No. 361, 2, imd. effective.
2903 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
2906 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
3107 - 1976, May 18, P.L. 120, No. 53, 2, effective in 30 days.
4114 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973 .
4501 - 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.
5301 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
5302 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
I Cory A. Cormany, do hereby verify that the facts set forth in
the ab~ve are true and correct to the best of my knowledge or information
and belief, and that any false statements herein are made subject to t~e
penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relatlng
to unsworn falsification to authorities.
Dated
1'(7/ &<Y In I
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By al1Q,~
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SWORN STATEMENT
6
1. On or about May ___, at approximately mid-afternoon, the
Plaintiff, Cory A. Cormany, was in his assigned cell napping
in Cumberland County Prison.
2. At or about the aforesaid date and time, the Plaintiff was
abruptly and aggressively attacked choked and beaten in and out
of unconsciousness while being repeatedly probed with electronic
shocking devices.
3. Proceeding the aforementioned described event the Defendant Steve
Calaman, as identified from a previous occurrence and accompanied
by several unidentified individuals, did bondage the Plaintiff
and did tie him to a board and did punch and pinch and kick him.
4. On or about May 29th, at approximately mid-afternoon or thereto,
the Plaintiff, Cory A. Cormany, was serviced with summary
citations while reading legal textes in his assigned cell at
Cumberland County Prison.
5. Proceeding the aforementioned servicing definition the Defendant
William Diehl, did proceed judiciary litigations corroborating
allegation with the Defendant Steve Calaman and another individual
without detecting a plaintiff's disposition or investigating a
defendant's deposition.
6. On or about August 28th, at approximately mid-afternoon, the
Plaintiff, Cory A. Cormany, was in the gymnasium exercising
pursuant therein a magisterial sentencing order at Cumberland
County Prison.
7. At or about the aforesaid date and time, the Defendant Carl Heyward
did aggress and perpetrate a combative confrontation causing the
Plaintiff a reckless disregard potentated a solitary secluded
detriment.
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8. Prior the aforementioned contended statement, the Plaintiff
Cory A. Cormany was shot at while walking home preceding the
aforementioned sentencing commitment and did report such
ramifications to the District Attorney's Office of Cumberland
County.
9. The Defendant Carl Heyward did attempt to instigate a fight and
did procrastinate a nonapplicable disciplinary problem con-
sequential a Prison Officer Houser identified pursuant the
Defendant Frank Teaney.
10. On or about September 12th, at approximately mid-morning, the
Plaintiff, Cory A. Cormany, was summoned out of his assigned
cell by a P.A. page in Cumberland County Prison;
11. At or about the aforesaid date and time, the Plaintiff did
respond to the foregoing P.A. page and did walk to the Intake/
Transfer area of the Cumberland County Prison.
12. Proceeding the aforementioned arrival to the aforesaid Intake/
Transfer area of the prison the Plaintiff did ask question as
to why he was paged and did not receive any response or
documentation thereto his application.
13. The Plaintiff Cory A. Cormany did recognize a Carlisle Police
Officer's uniform and does acknowledge that he did again inquire
as to a predisposition of proceeding in suspicion to a summary
matter depositive prior to his sentencing and commitment to the
county prison.
14. The Defendant Mathew Kennedy, as identified in an affidavit and
assumptive the jurisdictional event described, did make verbal
and physical gestures towards the Plaintiff as in an implication
applying him to accompany the Defendant out of the C.C.P.
without the notice of a Security Bond.
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15. The Plaintiff Cory A. Cormany did inform the Defendant Mathew
Kennedy that "if" he was implying for him to leave the prison
for the aforementioned summary issue he could relay to the
District Justice Magisterial No. 07-2-01 that he did not wish
to attend and that she could and "may" make a determination
without him.
16. Proceeding the communications described in the aforementioned
statement the Plaintiff did not recognize a given question or
authorized warrant and did then turn back to the security
entrance way to the Intake/Transfer area and did ring the buzzer
"bell" so as to return to his assigned cell as in accordance with
policy, directive and central control and the prison officers
on duty.
17. On or about September 12th, at approximately mid-morning or
thereto, the Plaintiff, Cory A. Cormany, was proceeding to his
assigned cell through a security door in the Cumberland County
Prison.
18. At or about the aforesaid date and time, the Plaintiff was
grabbed by the .throat and arm and choked somewhat into a border
of unconsciousness and pulled and scratched from behind in a
violent grasping manner.
19. Proceeding the aforementioned incident described in the aforesaid
statement the admission prison officer did conceivably recognize
an emergency code situation and did summons forth an aggression
in league with the acts implemented by the now identified
Defendant Mathew Kennedy.
20. The Defendant Frank Teaney, as identified herein as a prison
officer and knowledgable the Plaintiff's circumstance, did
relay a series of aggressions protracting and bondaging the
Plaintiff Cory A. Cormany, accompanied by several unidentified
individuals, while he was attempting to regain consciousness
hereto a Security Breach.
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21. The Plaintiff Cory A. Cormany does powerfully recognize the
Defendant Frank Teaney as in accordance to the event defined
in the aforementioned statement and was continually bondaged
and aggressed upon, than carried around and about to a secured
prison cell in the Intake/Transfer area of C.C.P.
22. Proceeding the foregoing the Plaintiff was given and granted
medical attention for scratches, bruises and minor abrasions
around his face, throat, back and arm areas, and was directed
and ordered to return to his assigned cell in Cumberland County
Prison as to witness other Prison Officers.
23. On or about October 2nd, at approximately hereto and herein, the
Defendant, William Diehl, did instigate an affidavit and complaint
without depositioning a plaintiff or dispositioning a defendant
liable a detected investigation.
24. At or about the aforesaid date and time, the Plaintiff Cory A.
Cormany was not sequestered a Miranda or a Warrant of official
notice substantial a question or a Prima Facia of arrest
effective a procedure and pertinent thereto an entirety.
25. Prior the aforementioned allegation prescribed within, the
Defendant William Diehl did enstate a writen exhibitionary medium
solicit the Defendant Mathew Kennedy and the District Justice
Magisterial No. 07-2-01 relevant an Order.
26. On or about October 10th, at approximately whereto December 7th,
the Plaintiff, Cory A. Cormany, has been delivered a letter by
certified mail noting a seal of approval and a signiture to
verify a year to date imposition.
27. At or about the aforesaid date and time, the Plaintiff has
questioned commitment at Cumberland County Prison and is not
petitioned or ordered under security or bond and is a sentenced
prisoner subordinate an Act and the Commonwealth Court of
Common Pleas, Cumberland County, Pennsylvania.
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28. The Defendants Steve Calaman, Carl Heyward, Frank Teaney, Mathew
Kennedy and William Diehl have violated constitutional provisions
regardless an electorial intiative and have influenced propaganda
and media costly the United States of America.
29. Prior the aforementioned immunilogical ramifications and
preponderate a civil litigation the Plaintiff Cory A. Cormany
does acknowledge an orthodox of religion controversial a preferrable
practical Mosaical Masora.
30. The Plaintiff has suffered and has sustained injuries, lack of
medical treatment ambitious an employable opportunity, stressful
and contradictive commands and obligations, loud and unnecessary
confinement and consummative condemnation during and throughout
these unconstitutional events.
I, Cory A. Cormany, do 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.
f/o~~
Witnessed
G'Q n,~_
Cory A. Cormany
Dated
10 &:J. In{
I 1
B~JlL4J Il_J~
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Helen 0 ~. NOlary Public
"" ~,Twp.:Cumbertand County
- ~!on Expires June 24, 2002
,. :IV30ia Association at W',tar:<Js
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RECEIPT
I, Cory A. Cormany, do hereby solemnly swear that I flied the complaint
included Defendants Mathew Kennedy, Marie Hall, Jane Scott, Karen Edwards
and Michael Carey by depositing in the mail at the Cumberland County Prison a
copy of same addressable to the District Attorney's Office of Cumberland County,
Pennsylvania.
Dated
II /!~/ 01
( (
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RE: District Attorney
Cumberland County
Court House Square
Carlisle, P A 17013
Defendant:
Mathew Kennedy
Marie Hall
Jane Scott
Karen Edwards
Michael Carey
I, Cory A. Cormany, being a citizen of the United States of America, do
hereby state and swear that at or about May 17,2001, and through and about a
judgmental action, the above named defendant did commit the following crimes:
2)
3)
4)
5)
1)
903. Criminal Conspiracy - a person is guilty of conspiracy with another
person or persons to commit a crime if with the 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.
2705. Recklessly Endangering Another Person - a person commits a
misdemeanor of the second degree ifhe recklessly engages in conduct
which places or may place another person in danger of death or serious
bodily injury.
2902. Unlawful Restraint - a person commits a misdemeanor of the first
degree ifhe knowingly: (1) restrains another unlawfully in circumstances
exposing him to risk of serious bodily injury; or (2) holds another in a
condition of involuntary servitude.
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.
4114. Securing Execution of Documents by Deception - a person commits
a misdemeanor of the second degree ifby deception he causes another to
execute any instrument affecting or purporting to affect or likely to affect
the pecuniary interest of any person.
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6) 5107. Aiding Consummation of Crime - a person commits an offense ifhe
intentionally aids another to accomplish an unlawful object of a crime, as
by safeguarding the proceeds thereof or converting the proceeds into
negotiable funds.
7) 5301. Official Oppression - a person acting or purporting to act in an
official capacity or taking advantage of such actual or purported capacity
commits a misdemeanor of the second degree if knowing that his conduct
is illegal, he (1) subjects another to arrest, detention, search, seizure,
mistreatment, dispossession, assessment, lien or other infringement of
personal or property rights, or (2) denies or impedes another in the
exercise or enjoyment of any right, privilege, power or immunity.
8) 5302. Speculating or Wagering on Official Action or Information - a
public servant commits a misdemeanor of the second degree if in
contemplation of official action by himself or by a government unit with
which he is associated, or in reliance on information to which he has access
in his official capacity and which has not been made public; he (1) acquires
a pecuniary interest in any property, transaction or enterprise which may be
affected by such information or official action; (3) aids another to do any of
the foregoing.
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.
2902 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
2906 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
4114 - 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.
5301 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
5302 - 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 unsworn falsification to authorities.
By C;~~~
Cory A. Co~
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INCIDENT REPORT
Criminal Conspiracy: In that Mathew Kennedy, Marie Hall, Jane Scott, Karen
Edwards and Michael Carey did solicit information pertinent to a conduct which
constitutes crime naming them Defendants. Reckless Endangering Another Person:
In that the Defendants did instigate an intentional reckless disregard for a judicial
or state procedure and a rule or statute of court engaging serious conduct
substantial a risk of bodily injury. Unlawful Restraint: In that the Defendants did
incarcerate and attempt to unlawfully restrain or cause restraint problematic a
directional servitude in the Cumberland County Prison and did not permit
freedom unless provided an involuntary condition. Criminal Coercion: In that the
Defendants have accused or have caused accusation conclusive an appeal and have
subjected an individual to hatred and ridicule. Securing Execution of Documents
by Deception: In that the Defendants did not disclose requested public information
legitimate a rightful amended imposition demanded or regulated an authority that
did affect the likelihood of an individual liable an allegation. Aiding
Consummation of Crime: In that the Defendants did accomplish an unlawful
objective safeguarding an imposition relevant an intentional tort. Official
Oppression: In that the Defendants did subject an individual to arrest, detention,
assessment, search, seizure, mistreatment, dispossession and discrimination as well
as lying. Speculating or Wagering on Official Action or Information: In that the
Defendants are public servants and have been subjected suit in a court of law
associated with a government unit and have deliberately pursued crime intentional
the case term I:CV-01-1803 and the docket files NT-726~96, NT-727-96, NT-
777-01, NT-778-01, NT-779-01, NT-780-01 and NT-781-01 proceeding CR-574-
01 and the case numbers 01-92, 93, 94, 95, 96 and 97.
I petition that a warrant of arrest or a summons be issued and that the
Defendants 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.
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AFFIDAVIT
On May 17, 2001, I, Cory A. Connany, was babysitting in the 4th block of
North Pitt Street of Carlisle, Pennsylvania, for a female associate friend.
Proceeding such action Mr. Mathew Kennedy did make frivolous and fraudulent
misallegation careless an objectional fact and an intentional fiction. The Defendant
Mathew Kennedy did suppress and submit infonnation, costly a magisterial justice
number 09-2-01, slanderous an incident. I did receive such memorandwn in the
mail noncertified an appearance.
On August 6, 2001, I, Cory A. Connany, was committed to the
Cumberland County Prison by Ms. Marie Hall, an Admissions Officer. I did
infonn the Defendant Marie Hall that I did have a problem with commitment and
was filing a complaint, noting the colorful nature of the order of the court,
submissive a district justice. I was then directed to a prison cell proceeding this
inevitable problem.
On August 28, 2001, I, Cory A. Connany, did submit a commissary order
through the accounts division of the Cwnberland County Prison. Proceeding the
aforesaid date and rhetorical Ms. Jane Scott, my commissary delivery and request
was shorted a noticeable amount applicatory the transaction number 01-1403 and
CUM-91483 presidential the receipt number 91613. The Defendant Jane Scott did
not circwnvent a merchandise or registered product and did also, prior to the
accounting dilemma, deny me meals and other items disproportionate a previous
commitment at the institution. Ms. Jane Scott is alleged to be the Deputy Warden
of Operation at Cwnberland County Prison.
On September 12, 2001, I, Cory A. Connany, was coaxed and then attacked
and mistreated by the Mr. Mathew Kennedy in an attempt to remove my presence
from the Cwnberland County Prison without an arrest warrant or security bond
thereafter and therefore a commitment summary. The Defendant Mathew
Kennedy did corroborate an event involving Ms. Marie Hall and a Corrections
Officer Teaney pursuant other prison officers and staffing associates and a
P.C.S.A. Title. Mr. Mathew Kennedy is alleged to be employed by the Borough
of Carlisle and the Cwnberland County Prison is alleged to be located pursuant
and in Middlesex Township.
On October 19, 2001, I, Cory A. Connany, did summons a request for a
prison "Status Sheet" in order to acknowledge a legal release date from the
institution. Pursuant the aforesaid date and on October 22, 2001, I did ask a Ms.
Karen Edwards for infonnation regarding the said summary commitment. The
Defendant Karen Edwards did reply that she would not disclose such infonnation
and did defer my request in writing. Ms. Karen Edwards is alleged to be the
Earned Time Case Manager at Cumberland County Prison.
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On October 19, 2001, I, Cory A. Cormany, did petition request for an
inmate "Handbook" in order to review necessary rules and regulations important a
treatment at the institution. Pursuant the aforesaid date and on October 22,2001, I
did pursue the Warden Reitz of the Cumberland County Prison questionable both
a handbook and a status sheet causative a monetary object. Mr. Michael Carey did
recognize a written request and did defer the aforesaid and did not forward the
requested documentation. The Defendant Michael Carey also did not acknowledge
an additional petition I had submitted differentiating the foregoing release date. I
am not permitted to leave the county prison and return home and have yet to
receive a truthful answer or institutional document as to when I may. Mr. Michael
Carey is alleged to be the Deputy Warden of Security at Cumberland County
Prison.
I, Cory A. Cormany, on this 12:rl1. day of A 'h,"'A"\.1nu. , of the year
2001, 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.
~QC~
Cory A. Cormany
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Dated
Witness
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
INRE:
Cormany v. Reitz. et a!.
: CIVIL NO.1:CV.01-1803
Inmate:
Cory A. Cormany
ADMINISTRATIVE ORDER (CIVIL RIGHTS CASE)
The civil rights complaint filed by the individual identified above has been received
without a filing fee or the forms required to proceed in forma pauperis. This action may not
proceed unless the plaintiff, within thirty (30) days of the date of this order, either:
(1) tenders to the "Clerk, U.S. District Court" a statutory filing fee in the amount
of $150.00; or
(2) files a properly completed application to proceed in forma pauperis
and an authorization form. An authorization form and application to
proceed in forma pauperis are enclosed.
Failure to comply with the terms of this order within thirty (30) days will cause this case
to be dismissed without prejudice.
MARY E. D'ANDREA
Clerk of Court
By ~ d /~~
Deputy lerk
DATE: September 25, 2001
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CORY A. CORMANY,
CIVIL ACTION NO. 1:CV-01-1803
Plaintiff
Uudge Rambo)
v.
(Magistrate Judge Blewitt)
EARL F. REITZ, JR., et aI.,
Defendants
NOTICE
NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing
Report and Recommendation dated October.u, 2001.
Any party may obtain a review of the Report and Recommendation pursuant to
Rule 72.3, which provides:
Any party may object to a magistrate judge's proposed findings,
recommendations or report addressing a motion or matter described in
28 U.S.c. 9 636 (b)(1 )(B) or making a recommendation for the
disposition of a prisoner case or a habeas corpus petition within ten (10)
days after being served with a copy thereof. Such party shall file
with the clerk of court, and serve on the magistrate judge and all
parties, written objections which shall specifically identify the
portions of the proposed findings, recommendations or report to which
objection is made and the basis for such objections. The briefing
requirements set forth in Local Rule 72.2 shall apply. A judge shall
make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection
is made and may accept, reject, or modify, in whole or in part, the findings
or recommendations made by the magistrate judge. The judge, however,
need conduct a new hearing only in his or her discretion or where
required by law, and may consider the record developed before the
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magistrate judge, making his or her own determination on the basis
of that record. The judge may also receive further evidence, recall
witnesses or recommit the matter to the magistrate judge with
instructions.
~~~
THOMAS M. BLEWITT
United States Magistrate Judge
Dated: October .2f.., 2001
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
.
.
CIVIL ACTION
NO. 01-6467
.
.
vs.
.
.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Defendant
.
.
:
PRAECIPE
TO THE CLERK OF THE SAID COURT:
Kindly file this Entry of Appearance on behalf of Defendant, District Justice
Paula P. Correal, in the above-captioned matter.
M~IRE
Attorney LD. No. 34922
Administrative Office ofP A Courts
1515 Market Street, Suite 1414
Philadelphia, P A 19102
(215) 560-6300
Attorney for Defendant
District Justice Paula P. Correal
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
.
.
CIVIL ACTION
NO. 01-6467
vs.
.
.
.
.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Defendant
.
.
.
.
ENTRY OF APPEARANCE
TO THE CLERK OF THE SAID COURT:
Kindly enter my appearance for Defendant, District Justice Paula P. Correal,
in the above-captioned matter.
M~'~.~f:t:!~;;JIRE
Attorney J.D. No. 34922
Administrative Office ofPA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney for Defendant
District Justice Paula P. Correal
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
.
.
CIVIL ACTION
NO. 01-6467
vs.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Defendant
.
.
CERTIFICATE OF SERVICE
The undersigned counsel hereby certifies that on January 9, 2002, she
personally caused to be served upon the following a true and correct copy of Entry
of Appearance on behalf of Defendant, District Justice Paula P. Correal, by mailing
same first class, postage prepaid, U.S. mail to:
Cory A. Cormany
1101 Claremont Road
Carlisle, PA 17013
~QUIRE
PA Attorney J.D. No. 34922
Administrative Office ofPA Courts
1515 Market Street, Suite 1414
Philadelphia, P A 19102
(215) 560-6300
Attorney For Defendant
District Justice Paula P. Correal
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
.
.
CIVIL ACTJlON
NO. 01-6467
vs.
.
.
EARL REITZ, JR., et al.
Defendants
ORDER
AND NOW TO WIT, this
day of
,2002,
upon consideration of Preliminary Objections to Plaintiffs Complaint onBehalf of
Defendant, District Justice Paula P. Correal and all responses thereto, it is hereby
ORDERED and DECREED that the action in the above-captioned
matter is dismissed as to Defendant, District Justice Paula P. Correal, with
prejudice.
BY THE COURT
1.
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
.
.
CIVIL ACTION
NO. 01-6467
vs.
EARL REITZ, JR., et al.
Defendants
.
.
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
ON BEHALF OF DEFENDANT,
DISTRICT JUSTICE PAULA P. CORREAL
Defendant, Hon Paula P. Correal, District Justice for Magisterial District 09-
2-01, by her undersigned counsel makes the following preliminary objections to
Plaintiff's Complaint pursuant to Pennsylvania Rule of Civil Procedure Nos.
1028(a)(l) and (4):
1. Plaintiff, Cory A. Cormany, filed this pro se civil action seeking
monetary damages against District Justice Paula P. Correal for acts allegedly taken
in her judicial capacity. Also named as defendants are EarlReitz, Jr., Steve
Calaman, Frank Teaney, Carl Heyward of Cumberland County Prison, Matthew
Kennedy of the Carlisle Police Department and William Diehl of the Cumberland
County District Attorney's Office (Complaint, caption).
2. Plaintiff claims that "on September 25th ofthe year 200 I, Plaintiff
Cory Cormany did petition a civil complaint with the United States District Court
~
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impetuous the Defendant Honorable District Justice Paula Correal". [sic]
(Complaint, ,-[14)
3. Plaintiff alleges that "prior herein and pertinent hereto, Defendant
Honorable District Justice Paula Correal did conspire to the solicitations of the
Defendants Steve Calaman and Mathew Kennedy instantaneous the Defendant
William Diehl," (Complaint,-[ 17) and that "on October 2nd of the year 2001,
Defendants William Diehl and Honorable District Justice Paula Correal did again
solicit to connnit and justify criminal acts against the Plaintiff Cory Cormany."
(Complaint, ,-[18)
4. Plaintiff alleges he "has suffered public humiliation as caused by the
defamation of his character, pain and physical injury" (Complaint, ,-[24), has
"suffered mental anguish, emotional distress, imprisonment and loss of
employment", (Complaint ,-[25) and "lost wages, benefits, fees and property in the
amount or in the potential excessive amount of One Hundred Twenty Five
Thousand Dollars ($125,000.00)", as the "result of Defendant's conspiratorial and
prejudicial actions." (Complaint,-[ 26)
5. Count Seven of Plaintiff's Complaint is directed specifically against
District Justice Correal, entitled "Malicious Prosecution". (Complaint,-[,-[ 57-61).
Plaintiff alleges that "Defendant Honorable District Justice Paula Correal did
prejudicially conspire a requisite criminal intention careless a constitutional statute
and deliberate a willful conduct", [sic] (Complaint,-[ 59), thereby causing him to
2
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"suffer pain, injury, mental anguish, public humiliation, emotional distress, loss of
employment and property, confinement and incarceration (Complaint ~~ 60-61).
6. Defendant, District Justice Paula P. Correal, objects to Plaintiffs
Complaint and the claims against her pursuant to Pennsylvania Rule of Civil
Procedure No. 1028(a)(1) and (4) on the following grounds:
LACK OF JURISDICTION
OVER THE SUBJECT MATTER OF THE COMPLAINT
7. The averments of ~~ 1 through 6 above are realleged and incorporated
herein by reference as fully as though set forth at length.
8. The doctrines of judicial and official immunity are absolute
jurisdictional bars to Plaintiffs claim for damages against District Justice Correal.
WHEREFORE, movant, District Justice Paula P. Correal, requests that
Plaintiffs claims against her be dismissed with prejudice pursuant to Pennsylvania
Rule of Civil Procedure No. 1028(a)(1).
LEGAL INSUFFICIENCY OF THE PLEADING - DEMURRER
9. The averments of~~ 1 through 8 above are realleged and incorporated
herein by reference as if fully set forth at length.
10. The Complaint fails to state a claim upon which relief may be granted
or a cause of action against movant.
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WHEREFORE, movant, District Justice Paula P. Correal, requests that
Plaintiffs claims against her be dismissed with prejudice pursuant to Pennsylvania
Rule of Civil Procedure No. I028(a)(4).
Respectfully submitted,
MARY E. UTLER, ESQUIRE
Attorney . No. 34922
Administrative Office ofPA Courts
1515 Market Street, Suite 1414
Philadelphia, P A 19102
(215) 560-6300
Attorney for Defendant
District Justice Paula P. Correal
4
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
.
.
CIVIL ACTION
NO. 01-6467
vs.
.
.
EARL REITZ, JR., et al.
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
ON BEHALF OF DEFENDANT,
DISTRICT JUSTICE PAULA P. CORREAL
---------------------------------------
---------------------------------------
I. STATEMENT OF THE CASE
Plaintiff, Cory A. Cormany, filed this pro se civil suit seeking damages
against District Justice Paula P. Correal for acts allegedly taken in District Justice
Correal's judicial capacity. Earl Reitz, Jr., Steve Calaman, Frank Teaney, Carl
Heyward of Cumberland County Prison, Matthew Kennedy of the Carlisle Police
Department and William Diehl of the Cumberland County District Attorney's
Office are also named as defendants. Plaintiffs Complaint alleges a conspiracy
among District Justice Correal and the other defendants but no facts of any kind
are offered in support of this allegation.
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II. QUESTIONS PRESENTED
A. Whether the doctrine of official and judicial immunity are absolute
jurisdictional bars to suit for damages against District Justice Correal.
Suggested Answer: Yes.
B. Whether Plaintiff may seek damages for alleged constitutional
violations arising out of his arrests and conviction absent any allegation that the
conviction was overturned on appeal, expunged by executive order, declared
invalid by a state tribunal empowered to do so or called into question by a federal
write of habeas corpus.
Suggested Answer: No.
C. Whether the Complaint fails to state a claim upon which relief may be
granted or a cause of action against District Justice Correal.
Suggested Answer: Yes.
III. ARGUMENT
A. THE DOCTRINES OF JUDICIAL AND OFFICIAL
IMMUNITY ARE ABSOLUTE BARS TO ANY
DAMAGE CLAIM AGAINST DISTRICT JUSTICE
CORREAL FOR HER JUDICIAL CONDUCT.
Plaintiffs claims for damages are based on his allegations that District Justice
Correal and the other defendants "did conspire to commit and justify criminal acts
2
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against [him]...." (Complaint ~~ 16-18) The doctrines of judicial and official
immunity bar damage claims based on such allegations.
1. The Doctrine of Judicial Immunity
Judicial immunity was "the settled doctrine of the English courts for
many centuries, and has never been denied, that we are aware of, in the courts of
this country," Bradley v. Fisher, 13 Wall 335, 347 (1872). The doctrine is, of
course, recognized by the Supreme Court of Pennsylvania.
Judicial immunity rests upon a recognition of
preserving an independent judiciary, and reflects a
belief that judges should not be hampered by fear of
v~xatious suits and personal liability. It also reflects
a view that it would be unfair to expose judges to the
dilemma of being required to render judgments while
at the same time holding them accountable to the
judgment of others.... A judge must be free to
administer the law without fear of consequences.
Matter ofXYP, 523 Pa., 411,416,567 A.2d 1036, 1039 (1989)
(citations omitted).
Judges are immune from liability when (1) the judge has jurisdiction
over the subject matter before him; and (2) he is performing a judicial act. Mireles
v. Waco, 502 U.S. 9, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991); Stump v. Sparkman,
435 U.S. 349, 356, 98 S.Ct. 1099,55 L.Ed.2d 331 (1978); see Hanna v. Slevin, 8
Pa. Super. 509, 510 (1898). Immunity applies regardless of whether the actions
complained of are alleged to have been in error, performed with malice, or in
3
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excess ofthe judge's authority, Stump v. Sparkman, supra; Pierson v. Ray 386
u.s. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967).
The doctrine applies to allegations of civil rights violations, Pierson v.
Ray, supra, as well as to state tort claims. Feingold v. Hill 360 Pa. Super. 539,
545-46,521 A.2d 33,36 (1987); Praisnerv. Stocker, 313 Pa. Super, 332, 344-45,
459 A.2d 1255, 1261 (1983). The doctrine is applicable to courts oflimited
jurisdiction, such as district justices of the Commonwealth of Pennsylvania,
equally as to courts of general jurisdiction. Home v. Farrell, 560 F. Supp. 219
(M.D. Pa. 1983); Fox v. Castle, 441 F. Supp. 411 (M.D. Pa. 1977).
The doctrine applies to allegations concerning judicial conduct off as
well as on the bench, so long as the conduct is judicial in nature. Holeman v.
Elliott, 732 F. Supp. 726 (S.D. Texas 1990), aff'd without op. 927 F. 2d 601 (5th
Cir. 1991), cert. denied 502 U.S. 812, 112 S.Ct. 59, 116 L.Ed. 2d 35; Meyer v.
Foti, 720 F. Supp. 1234, 1240 (E1.D. La. 1989), citing Forrester v. Whitt< 484 U.S.
219,108 S.Ct. 538, 98 L.Ed.2d 555 (1988). Whether an act is judicial depends
upon (1) whether it is a function normally performed by a judge and (2) whether
the parties dealt with the judge in his judicial capacity. Sparkman, supra, 435 U.S.
at 361-62.
Plaintiffs Complaint "do(es) not reveal any action going beyond the
normal course of court business. . .. As such, [plaintiff] has failed to plead any
facts which would remove (a) Judge('s) . . . cloak of judicial immunity." Feingold
4
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v. Hill, supra, 360 Pa. Super. at 546,521 A.2d at 36 (sustaining trial court's
granting of preliminary objections and dismissing tort claims against a judge on
grounds of judicial immunity for failure to state a claim).
Allegations that judicial actions were wrongly decided or part of a
"conspiracy" or otherwise erroneous or malicious, do not defeat the doctrine. The
purpose of the doctrine of judicial immunity is to free the adjudicative process and
those involved in it from harassment and intimidation. Butz v. Economou, 438
U.S. 478, 512 (1978). Plaintiffs suit is designed to just those ends and its damage
claims are an impermissible use oflegal process barred by the doctrine of judicial
immunity.
2. The Doctrine Of Governmental Immunity
The Commonwealth has provided statutory immunity from damage
claims to state officials acting within the scope of their duties.
Pursuant to section 11 of Article 1 of the
Constitution of Pennsylvania, it is hereby declared to
be intent of the General Assembly that the
Commonwealth and its officials and employees
acting within the scope of their duties, shall continue
to enjoy sovereign immunity and official immunity
and remain immune from suit except as the General
Assembly shall specifically waive the immunity.
When the General Assembly specifically waives
sovereign immunity, a claim against the Common-
wealth and its officials and employees shall be
brought only in such manner and in such courts and
in such cases as directed by the provisions of Title 42
5
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(relating to judiciary and judicial procedure) unless
otherwise specifically authorized by statute.
1 Pa.C.S. S231O. See also, 42 Pa.C.S. S8521. Courts and judicial officers are part of
the Commonwealth government. 42 Pa.C.S. S 102. Definitions.! Judges and District
Justices are elected state officials entitled to the protect of the defense of sovereign
immunity, and District Justice Correal was acting within the scope of her authority
in presiding over Plaintiffs proceedings.
B. BOTH THE BARS OF JUDICIAL AND OFFICIAL
IMMUNITY MAY BE RAISED ON PRELIMINARY
OBJECTION.
While immunity is generally an affirmative defense raised in new matter;
such a defense may be raised by preliminary objection when to delay a ruling
thereon would serve no purpose." Faust v. Comm., Dept. of Revenue, 140 Pa.
Commonwealth Ct. 389, 592 A.2d 835,838 n.3 (1991). See also, Wurth by Wurth
v. City of Philadelphia, 136 Pa. Commonwealth Ct. 629, 584 A.2d 403 (1990),
where the Commonwealth Court held that:
1 " Commonwealth government." The government of the Commonwealth, including the courts and other officers or
agencies of the unified judicial system. . . ."
2 Pa. e.s. ~231O provides that "the Commonwealth and its officials and employees acting within the scope of their
duties, shall continue to enjoy sovereign and official immunity and remain immune from suit except as the General
Assembly shall specifically waive the immunity." See also, 42 Pa.C.s. ~8521. The term "Commonwealth
government" includes "the courts and other officers or agencies of the unified judicial system," 42 Pa.e.S. ~102,
while IICOurt" includes anyone or more of the judges of the court. , " . II
3 See, e.g., City o[Philadelphia v. Shapp, 44 Commonwealth Ct. 303, 310 nA, 403 A.2d 1043, 1047 (1979). But
see Feingold v. Hill, 360 Pa. Super. 539, 545-46, 521 A.2d 33,36 (1987) (upholding dismissal on preliminary
objections on judicial immunity grounds).
6
kit,
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[T[he affirmative defense of goverrunental immunity
may be raised by preliminary objections in the nature
of a demurrer where that defense is apparent on the
face of the pleading; that is, that a cause of action is
made against a goverrunental body and it is apparent
on the face of the pleading that the cause of action
does not fall within any of the exceptions to
goverrunental immunity. Further, in the absence of
this. circumstance, preliminary objections raising the
immunity defense may be considered if the opposing
party waives the procedural defect.
136 Pa. Commonwealth Ct. at 638, 584 A.2d at 407.
The doctrine of official and judicial immunity are bars to this suit and
should be applied to dismiss Plaintiffs claims against District Justice Correal.
C. IN THE ABSENCE OF ANY ALLEGATION THAT
PLAINTIFF'S CRIMINAL PROCEEDINGS
CONCLUDED IN IDS FAVOR, HE MAY NOT SUE
FOR DAMAGES BASED UPON RULINGS THEREIN.
Plaintiffs suit is essentially a civil rights action, presumably grounded
in 42 U.S.C. S 1983, alleging his federal constitutional rights were violated as a
result of his state prosecutions. However, damages allegedly arising from a
criminal proceeding may not be awarded unless the criminal defendant is acquitted
or a resulting conviction has been overturned, neither of which Plaintiff alleges.
Section 1983 does not permit a claim which, ifit were decided in a
plaintiffs favor, would necessarily imply the invalidity of a presently-in-force state
court conviction. Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d
7
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383 (1994). In such a case the plaintiff must allege his conviction was overturned
on appeal, expunged by executive order, declared invalid by a state tribunal em-
powered to do so, or called into question by a federal write of habeas corpus. [d.
In order to assert claims for damages based on alleged defects in his
criminal convictions, Plaintiff must allege the invalidation of the conviction. He
does not do so and his damage claims must, therefore, be dismissed in accordance
with the mandate of Heck.
V. CONCLUSION
On the grounds set forth above, Plaintiff's Complaint should be dismissed
with prejudice.
Respectfully submitted,
MAR . BUTLER, ESQUIRE
PA Art mey J.D. No. 34922
Administrative Office ofP A Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney For Defendant
District Justice Paula P. Correal
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
.
.
CIVIL ACTION
NO. 01-6467
.
.
vs.
EARL REITZ, JR., et al.
Defendants
CERTIFICATE OF SERVICE
The undersigned counsel hereby certifies that on January 23, 2002, she
personally caused to be served upon the following a true and correct copy of
Preliminary Objections to Plaintiff's Complaint on Behalf of Defendant, District
Justice Paula P. Correal, by mailing same first class, postage prepaid, U.S. mail to:
Cory A. Cormany
1101 Claremont Road
Carlisle, PA 17013
~
MARY BUTLER, ESQUIRE
PA Attorney J.D. No. 34922
Administrative Office ofPA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney For Defendant
District Justice Paula P. Correal
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BY: DAVIDJ.MACMAIN
IDENTIFICATION NO. 59320
123 S. BROAD STREET
PHILADELPHIA, P A 19109 ATTORNEY FOR DEFENDANT
(215) 772-1500 MATTHEW KENNEDY
CORY A. CORMANY,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL ACTION -Law
v.
NO.01-6467 CNIL TERM
EARL REITZ JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT,:
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendants.
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance in the matter captioned above on behalf of Defendant
Matthew Kennedy.
MONTGOMERY, McCRACKEN, WALKER
& RHOADS, LLP
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I, Paula J. Zimmerman, hereby certifY that on January 31, 2002, I caused a true and
correct copy ofthe foregoing Entry of Appearance to be served by regular U.S. mail, postage
prepaid upon the following:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, PA 17013
Pro se Plaintiff
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Paula J. Zimmerman
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(Must be typewritten and suhnitted in duplicate) .
APR 2 6 2002 j)
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argunent Court.
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CAPTION OF CASE
(entiIe caption inust be stated in full)
(Plaintiff)
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EARL REITZ JR., STEVE CAlAMAN
FRANK TEANEY, CARL HEYWARD '
OF TIlE CUMBERlAND' COUNTY
PRISON, MA'I'HEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF TIlE '
CUMBERlAND COUNTY D.A. AND
PAUlA CORREAL,
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(~ferrlant )
No. 01-6467
Civil Action
L State matter to be aI9Ued (Le.. plaintiff's IIOtion for new trial. deferrlant's
demurrer to canplaint. etc.): .
Defendant I s preliminary objections to canplaint
2. Identify counsel ..tJo will aI9Ue case:
(a) for plaintiff:
l\ildress:
(b) for deferrlant: David J. Ma~ Esquire
l\ildress: M:mtganery, M::Cracken, Walker & Rhoads, LLP
123 South Broad Street
Avenue of the Arts
PhiladelJilla,PA 19109
3. I will notify all parties in writlllg within t1No days that this case has
been listed for argurent.
4 _ Argurent Court Date:
D3.ted: April 23 2002
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and correct copy of a Praecipe for Oral Argument by regular U.S. mail, postage prepaid,
addressed as follows to:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, P A 17012
Pro Se Plaintiff
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CORY A. CORMANY,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
EARL F. REITZ, JR.,
STEVEN CALAMAN, FRANK
TEANEY, CARL HEYWARD OF
THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF THE:
CARLISLE POLICE DEPARTMENT,
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
DEFENDANTS 01-6467 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT MATHEW KENNEDY
TO PLAINTIFF'S COMPLAINT
AND NOW, this
ORDER OF COURT
8
day of June, 2002, the preliminary objections
of defendant, Mathew Kennedy, to plaintiff's complaint, ARE GRANTED. Plaintiff is
given forty-five (45) days to file an amended complaint stating a cause of action for
malicious prosecution against defendant, Mathew Kennedy.
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Cory A. Cormany, Pro se
1883 Douglas Dr.
Carlisle, PA 17013
and
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
David MacMain, Esquire
123 S. Broad Street
Philadelphia, PA 19109
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
CORY A. CORMANY,
Plaintiff,
CNIL ACTION -Law
v.
NO.01-6467 CNlL TERM
EARL REITZ JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT,:
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY DA AND
PAULA CORREAL,
Defendants.
ORDER
AND NOW, this _ day of
, 2002, upon consideration of
Defendant Matthew Kennedy's Preliminary Objections to Plaintiffs Complaint, and any
responses, it is hereby ORDERED that the Preliminary Objections are SUSTAINED and
Plaintiffs Complaint as to Defendant Matthew Kennedy is DISMISSED WITH PREJUDICE.
BY THE COURT:
J.
692382vl
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MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP
BY: DAVID J. MACMAIN
IDENTIFICATION NO. 59320
123 S. BROAD STREET
PHILADELPHIA, PA 19109
(215) 772-1500
ATTORNEY FOR DEFENDANT
MATTHEW KENNEDY
CORY A. CORMANY,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CML ACTION -Law
v.
NO.01-6467 CNIL TERM
EARL REITZ JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT,:
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendants.
DEFENDANT MATTHEW KENNEDY'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
Defendant Matthew Kennedy ("Defendant") submits his Preliminary Objections
to Plaintiffs Complaint (attached, without exhibits, as Exhibit "A") pursuant to Pennsylvania
Rule of Civil Procedure 1028, as follows:
I. INTRODUCTION
1. The present claim is brought pro se by Plaintiff, Cory A. Cormany
("Plaintiff'), against numerous defendants including a Carlisle Police Department Officer, the
Cumberland County District Attorney, a Cumberland County Prison Officer and District Justice
Paula Correal.
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2. Although Plaintiff s Complaint is extremely vague, Plaintiff seems to be
alleging that Defendants conspired against him resulting in criminal charges and convictions
from 1996 to 2001.
3. Plaintiff presents no facts explaining the basis for his allegations.
II. PRELIMINARY OBJECTIONS
A. DEMURRER-PLAINTIFF FAILS TO SET FORTH A CAUSE OF ACTION
AGAINST DEFENDANT
1. Defendant incorporates herein by reference each ofthe foregoing
paragraphs as though set forth at length.
2. Plaintiff appears to assert a claim for malicious prosecution against
Defendant.
3. Rule I 028( a)( 4) of the Pennsylvania Rules of Civil Procedure permits the
filing of preliminary objections for "legal insufficiency of a pleading (demurrer)."
4. A claim for malicious prosecution requires a showing that: (I) defendant
initiated criminal charges against himJher; (2) those charges were without probable cause; (3) the
charges were based on a malice or for a purpose other than bringing plaintiff to justice; and (4)
the criminal proceedings ultimately ended in plaintiffs favor.
5. Plaintiff fails to set forth a cause of action for malicious prosecution
against Defendant because Plaintiffs Complaint fails to set forth any facts in support of a legal
fmding of malicious prosecution.
6. For example, Plaintifffails to allege, much less assert supporting facts, as
to what specific charges were asserted against him, the case name and number and whether the
charges were brought by Officer Kennedy, all of which are essential to asserting a viable claim.
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7. Plaintiff also fails to allege, perhaps because he cannot, that the charges
brought against him were terminated in his favor. In order to assert a malicious prosecution
claim, any criminal proceedings must ultimately end in Plaintiffs favor. Valenti v. Sheeler, 785
F. Supp. 227, 232 (B.D. Pa. 1991); Bussard v. Neil, 616 F. Supp. 854, 857 (M.D. Pa. 1985).
WHEREFORE, pursuant to Pa. R. Civ. P. 1028(a)(4) Defendant respectfully requests that
Plaintiff s Complaint be dismissed in its entirety with prejudice as against Defendant Matthew
Defendant and that judgment be entered in his favor and against Plaintiff, together with costs,
disbursements, attorney's fees and any further relief deemed appropriate by this Court.
. B. PLAINTIFF'S COMPLAINT VIOLATES THE RULES OF THIS COURT
1. Defendant incorporates herein by reference each of the foregoing
paragraphs as though set forth at length.
2. Rule I019(a) of the Pennsylvania Rules of Civil Procedure states that
pleadings shall contain "the material facts in which a cause of action or defense is based."
3. Plaintiffs Complaint fails to set forth material facts upon which this
purported claim for conspiracy and/or false arrest is based, in violation of Rule 1019(a).
4. Accordingly, Plaintiffs Complaint fails to comport with the rules of this
Court.
WHEREFORE, pursuant to Pa. R. Civ. P. 1028(a)(2), Defendant respectfully
requests that Plaintiff s Complaint be dismissed in its entirety with prejudice as against
defendant Matthew Kennedy, and that judgment be entered in his favor and against Plaintiff,
together with costs, disbursements, attorney's fees and any further relief deemed appropriate by
this Court.
- 3 -
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C. DEFENDANT'S MOTION FOR MORE SPECIFIC PLEADINGS
1. Defendant incorporates herein by reference each of the foregoing
paragraphs as though set forth at length.
2. Rule 1028(a)(3) permits the filing of preliminary objections for
"insufficient specificity in a pleading."
3. Plaintiff s Complaint fails to provide relevant facts to support allegations
of "malicious prosecution" much less, inform Defendant or this Court of specifically what it is
Defendant is alleged to have done.
4. Accordingly, in the event that Plaintiffs Complaint is not dismissed with
prejudice, Defendant respectfully requests that this Court compel Plaintiff to file a more specific
pleading setting forth, in detail, sufficient facts to not only support a purported claim, but also to
inform Defendant of the nature of the claim and supporting facts 'asserted against him.
WHEREFORE, pursuant to Pa. R. Civ. P. 1028(a)(3), Defendant respectfully
requests that Plaintiff s Complaint be dismissed in its entirety with prejudice as against
Defendant Matthew Kennedy and that judgment be entered in his favor and against Plaintiff,
together with costs, disbursements, attorney's fees and any further relief deemed appropriate by
this Court.
.
Dated:
I/J./fJ1.
Dav! J. Mac ain
Montgome , McCracken,
Walker Rhoads LLP
123 S. Broad Street
Philadelphia, PA 19109
(215) 772-1500
Attorney for Defendant
Matthew Kennedy
-4"
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PLAINTIFF
CORY A. CORMANY
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY
,
PENNSYL VANIA
V.
DEFENDANT CASE NO. 01- &/-1 G 7 (tv; \
EARL REITZ JR., STEVE;
CALAMAN, FRANK
TEANEY, CARL HEYWARD ;
OF THE CUMBERLAND CIVIL ACTION - LAW
COUNTY PRISON, MATHEW ;
KENNEDY OF THE
CARLISLE POLICE; JURY TRIAL DEMANDED
DEPARTMENT, WILLIAM
DIEHL OF THE ;
CUMBERLAND COUNTY
DA AND PAULA CORREAL :
COMPLAINT
AND NOW comes, Cory Cormany, Plaintiff, and sets forth causes of action
against the above Defendants, whereof the following is a statement
1. Plaintiff is Cory Cormany, . an adult individual residing m
Carlisle, Cumberland County, Pennsylvania.
2. Defendants Earl Reitz Jr., Steve Calaman, Frank Teaney, Carl
Heyward, Mathew Kennedy and William Diehl are adult individuals residing in
the Cumberland County Community, Pennsylvania.
3. Defendant Honorable District Justice Pallia Correal is an adult
individual residing in the Cumberland County Community, Pennsylvania.
4. Plaintiff Cory Cormany is an adult individual preceding employment
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with K-Mart Corporation, Carlisle, Pennsylvania. The Plaintiff is a taxpayer, a
registered voter and a citizen of the United States of America.
S. Plaintiff Cory Cormany is a high school graduate in attending South
Middleton School District. He is also academically achieved through the
Pennsylvania State University.
6. On May 29th, of the year 1996,Defendant Steve Calaman did agress
and corrupt criminative offenses objectional the Plaintiff Cory Cormany, without
superior affrrmation influential the Cwnberland COlUlty Prison, Pennsylvania.
7. In and about the month of February, of the year 1997, Defendants
Steve Calaman and William Diehl proceeded a summary incident in the
Commonwealth Court of Cwnberland COlUlty, Pennsylvania.
8. Prior therein the foregoing statement, Defendants Steve Calaman and
William Diehl did conspire to commit and justify criminal acts against the
Plaintiff Cory Cormany pursuant .a C. O. Sanderson.
9. On July 24th, of the year 2001, Honorable Commonwealth Judge
Kevin Hess did adjudicate a sentence implemented by the Defendant Honorable
District Justice Paula Correal atTIrmative the Plaintiff Cory Cormany.
10. On August 6th, of the year 2001, Plaintiff Cory Cormany was
conunitted to the Cwnberland COlUlty Prison complementary a sentence order
issued by the Commonealth Court ofCwnberland COlUlty, Pennsylvania.
11. On August 30th, of the year 2001, Plaintiff Cory Cormany did file a
criminal complaint with the District Attorney's Office of Cumberland COlUlty
allegary The Administration and Staff of Cumberland COlUlty Prison pertinent
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Defendant Earl Reitz Jf.
12. Prior therein the foregoing statement, Defendant Carl Heyward did
perpetrate a series of questionable situations and circumstances reportorial the
Plaintiff Cory Cormany and the District Attorney.
13. On September 12th, of the year 2001, Defendant Frank Teaney did
aggress and corroborate criminative offenses directional the Plaintiff Cory
Cormany, without jurisdictional authorization political the Cumberland County
Prison, Pennsylvania.
14. On September 25th, of the year 2001, Plaintiff Cory Cormany did
petition a civil complaint with the United States District Court impetuous the
Defendant Honorable District Justice Paula Correal.
15. In and about the month of October, of the year 2001, Defendants
Mathew Kennedy and William Diehl proceeded a misdemeanor incident in the
Commonwealth Court of Cumberland County, Pennsylvania.
16. Proceeding thereto the foregoing statement, Defendants Mathew
Kennedy and William Diehl did conspire to commit and justify criminal acts
against the Plaintiff Cory Cormany pursuant a C. O. Culbertson.
17. Prior herein and pertinent hereto, Defendant Honorable District
Justice Paula Correal did conspire to the solicitations of the Defendants Steve
Calaman and Mathew Kennedy instantaneous the Defendant William Diehl.
18. On October 2nd, of the year 2001, Defendants William Diehl and
Honorable District Justice Paula Correal did again solicit to commit and justify
criminal acts against the Plaintiff Cory Cormany.
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19. On October 16th, of the year 2001, Plaintiff Cory Cormany was
delivered an allegation criminatory a certified mail in the Cumberland County
Prison, Pennsylvania.
20. On October 29th, of the year 2001, Plaintiff Cory Cormany did
petition appeal through the Court of Common Pleas to the Superior Court of
Pennsylvania regarding a commitment status at the Cumberland County Prison.
21. On November 4th, of the year 2001, Plaintiff Cory Cormany did file
a criminal complaint with the District Attorney's Office of Cumberland County
allegary Defendants Steve Calaman, Carl Heyward, Frank Teaney, Mathew
Kennedy and William Diehl liable Defendant Earl Reitz Jr.
22. On November 13th, of the year 2001, Plaintiff Cory Cormany did
service a criminal report to the District Attorney's Office of Cumberland County
incidental Defendants Mathew Kennedy, Marie Hall, Jane Scott, Karen Edwards
and Michael Carey responsible Defendant Earl Reitz Jr.
23. On January 3rd, of the year 2002, Plaintiff Cory Cormany is
scheduled to be released and/or discharged from the Cumberland County Prison
careful a policy and obligatory the order of the court set forth by the.
Commonwealth of Pennsylvania, Court of Common Pleas, Cumberland County,
Pennsylvania.
24. The Plaintiff Cory Cormany has suffered public humiliation as
caused by the defamation of his character, pain and physical injury as a result of
the Defendant's conspiratorial and prejudicial actions.
25. The Plaintiff Cory Cormany has suffered mental anguish, emotional
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distress, imprisonment and loss of employment as a result of the Defendant's
conspiratorial and prejudicial actions.
26. The Plaintiff Cory Cormany has suffered lost wages, benefits, fees
and property in the amount or in the potential excessive amount of One Hundred
Twenty Five Thousand and 00 Dollars (125,000.00) as result of the Defendant's
conspiratorial and prejudicial actions.
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COUNT ONE
CORY A. CORMANY V. EARL REITZ JR.
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
27. The avennents set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
28. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
29. Proceeding hereto and relevant herein the Defendant Earl Reitz Jr.
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
30. The Plaintiff Cory Connany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confinement and incarceration.
31. By reason of the aforesaid matter, Plaintiff Cory Connany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Connany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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. COUNT TWO
CORY A. CORMANY V. STEVE CALAMAN
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
32. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
33. The malicious and solicit issues and crimes are serious as having
happened m the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
34. Proceeding hereto and relevant herein the Defendant Steve Calaman
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
35. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public. humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
36. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confmement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT THREE
CORY A. CORMANY V. FRANK TEANEY
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
37. The averments set forth in ParagraphS one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
38. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
39. Proceeding hereto and relevant herein the Defendant Frank Teaney
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a Willful conduct.
40. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
41. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confmement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT FOUR
CORY A. CORMANYV. CARL HEYWARD
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
42. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
43. The malicious and solicit issues and crimes are serious as having
happened ill the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
44. Proceeding hereto. and relevant herein the Defendant Carl Heyward
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
45. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confinement and incarceration.
46. By' reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT FIVE
CORY A. CORMANY V. MATHEW KENNEDY
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
47. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
48. The malicious and solicit issues and crimes are serious as having
happened m the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
49. Proceeding hereto and relevant herein the Defendant Mathew
Kennedy did prejudicially conspire a requisite criminal intention careless a
constitutional statute and deliberate a willful conduct.
50. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
S!. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT SIX
CORY A. CORMANY V. WILLIAM DIEHL
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
52. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
53. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland COlinty, Pennsylvania, respectfully submitted
exhibits: A-X
54. Proceeding hereto and relevant herein the Defendant William DieW
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
55. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public hwniliation, emotional distress, loss of
employment and property, confinement and incarceration.
56. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confmement and incarceration.
. WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT SEVEN
CORY A. CORMANY V. PAULA CORREAL
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
57. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
58. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
59. Proceeding hereto and relevant herein the Defendant Honorable
District Justice Paula Correal did prejudicially conspire a requisite criminal
intention careless a constitutional statute and deliberate a willful conduct.
60. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
61. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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VRRIFICA TION
I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify
and state that the facts set forth in the Complaint against Earl Reitz Jr., Steve
Calaman, Frank Teaney, Carl Heyward, Mathew Kennedy, William DieW and
Pallia Correal 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 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities.
Dated
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Cory A. Cormany .
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CERTIFICATE OF SERVICE
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I, Paula J. Zimmerman, hereby certify that on January 31, 2002, I caused to be served a
true and correct copy of Defendant Matthew Kennedy's Preliminary Objections to Plaintiffs
Complaint, by regular U,S. mail, postage prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, PA 17013
Pro se Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff,
CIVIL ACTION -Law
v.
NO.01-6467 CIVIL TERM
EARL REITZ JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT,:
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendants.
ORDER
AND NOW, this day of
, 2002, upon consideration of
Defendant Matthew Kennedy's Preliminary Objections to Plaintiffs Complaint, and any
responses, it is hereby ORDERED that the Preliminary Objections are SUSTAINED and
Plaintiffs Complaint as to Defendant Matthew Kennedy is DISMISSED WITH PREJUDICE.
BY THE COURT:
J.
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MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP
BY: DAVlDJ.MACMAIN
IDENTIFICATION NO. 59320
123 S. BROAD STREET
PHILADELPHIA, PA 19109
(215) 772-1500
ATTORNEY FOR DEFENDANT
MATTHEW KENNEDY
CORY A. CORMANY,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL ACTION -Law
v.
NO.01-6467 CNIL TERM
EARL REITZ JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT,:
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendants.
DElFENDANT MATTHEW KENNEDY'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
Defendant Matthew Kennedy ("Defendant") submits his Preliminary Objections
to Plaintiffs Complaint (attached, without exhibits, as Exhibit "A") pursuant to Pennsylvania
Rule of Civil Procedure 1028, as follows:
I. INTRODUCTION
1. The present claim is brought pro se by Plaintiff, Cory A. Cormany
("Plaintiff'), against numerous defendants including a Carlisle Police Department Officer, the
Cumberland County District Attorney, a Cumberland County Prison Officer and District Justice
Paula Correal.
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2. Although Plaintiff s Complaint is extremely vague, Plaintiff seems to be
alleging that Defendants conspired against him resulting in criminal charges and convictions
from 1996 to 2001.
3. Plaintiff presents no facts explaining the basis for his allegations.
II. PRELIMINARY OBJECTIONS
A. DEMURRER-PLAINTIFF FAILS TO SET FORTH A CAUSE OF ACTION
AGAINST DEFENDANT
1. Defendant incorporates herein by reference each of the foregoing
paragraphs as though set forth at length.
2. Plaintiff appears to assert a claim for malicious prosecution against
Defendant.
3. Rule 1028(a)(4) of the Pennsylvania Rules of Civil Procedure permits the
filing of preliminary objections for "legal insufficiency of a pleading (demurrer)."
4. A claim for malicious prosecution requires a showing that: (1) defendant
initiated criminal charges against him/her; (2) those charges were without probable cause; (3) the
charges were based on a malice or for a purpose other than bringing plaintiff to justice; and (4)
the criminal proceedings ultimately ended in plaintiffs favor.
5. Plaintiff fails to set forth a cause of action for malicious prosecution
against Defendant because Plaintiff s Complaint fails to set forth any facts in support of a legal
finding of malicious prosecution.
6. For example,Plaintifffails to allege, much less assert supporting facts, as
to what specific charges were asserted against him, the case name and number and whether the
charges were brought by Officer Kennedy, all of which are essential to asserting a viable claim.
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7. Plaintiff also fails to allege, perhaps because he cannot, that the charges
brought against him were terminated in his favor. In order to assert a malicious prosecution
claim, any criminal proceedings must ultimately end in Plaintiffs favor. Valenti v. Sheeler, 785
F. Supp. 227, 232 (E.D. Pa. 1991); Bussard v. Neil, 616 F. Supp. 854, 857 (M.D. Pa. 1985).
WHEREFORE, pursuant to Pa. R. Civ. P. 1028(a)(4) Defendant respectfully requests that
Plaintiffs Complaint be dismissed in its entirety with prejudice as against Defendant Matthew
Defendant and that judgment be entered in his favor and against Plaintiff, together with costs,
disbursements, attorney's fees and any further relief deemed appropriate by this Court.
B. PLAINTIFF'S COMPLAINT VIOLATES THE RULES OF THIS COURT
1. Defendant incorporates herein by reference each of the foregoing
paragraphs as though set forth at length.
2. Rule 1019(a) of the Pennsylvania Rules of Civil Procedure states that
pleadings shall contain "the material facts in which a cause of action or defense is based."
3. Plaintiff s Complaint fails to set forth material facts upon which this
purported claim for conspiracy and/or false arrest is based, in violation of Rule 1019(a).
4. Accordingly, Plaintiffs Complaint fails to comport with the rules of this
Court.
WHEREFORE, pursuant to Pa. R. Civ. P. 1028(a)(2), Defendant respectfully
requests that Plaintiff s Complaint be dismissed in its entirety with prejudice as against
defendant Matthew Kennedy, and that judgment be entered in his favor and against Plaintiff,
together with costs, disbursements, attorney's fees and any further relief deemed appropriate by
this Court.
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C. DEFENDANT'S MOTION FOR MORE SPECIFIC PLEADINGS
1. Defendant incorporates herein by reference each of the foregoing
paragraphs as though set forth at length.
2. Rille 1028(a)(3) permits the filing of preliminary objections for
"insufficient specificity in a pleading."
3. Plaintiff s Complaint fails to provide relevant facts to support allegations
of "malicious prosecution" much less, inform Defendant or this Court of specifically what it is
Defendant is alleged to have done.
4. Accordingly, in the event that Plaintiffs Complaint is not dismissed with
prejudice, Defendant respectfully requests that this Court compel Plaintiff to file a more specific
pleading setting forth, in detail, sufficient facts to not only support a purported claim, but also to
inform Defendant of the nature of the claim and supporting facts asserted against him.
WHEREFORE, pursuant to Pa. R. Civ. P. 1028(a)(3), Defendant respectfully
requests that Plaintiff s Complaint be dismissed in its entirety with prejudice as against
Defendant Matthew Kennedy and that judgment be entered in his favor and against Plaintiff,
together with costs, disbursements, attorney's fees and any further relief deemed appropriate by
this Court.
.
Dated:
I /J./n
Davl J. Mac ain
Montgome , McCracken,
Walker Rhoads LLP
123 S. Broad Street
Philadelphia, PA 19109
(215) 772-1500
Attorney for Defendant
Matthew Kennedy
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PLAINTIFF
CORY A. CORMANY
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY
,
PENNSYL VANIA
V.
DEFENDANT CASE NO. 01- 04 Q 1 (tv; \
EARL REITZ JR., STEVE:
CALAMAN, FRANK
TEANEY, CARL HEYWARD :
OF THE CUMBERLAND CIVIL ACTION - LAW
COUNTY PRISON, MATHEW :
KENNEDY OF THE
CARLISLE POLICE: JURY TRIAL DEMANDED
DEPARTMENT, WILLIAM
DIEHL OF THE :
CUMBERLAND COUNTY
DAANDPAULACORREAL :
COMPLAINT
AND NOW comes, Cory Cormany, Plaintiff, and sets forth causes of action
against the above Defendants, whereof the following is a statement:
1. Plaintiff is Cory Cormany, an adult individual residing ill
Carlisle, Cumberland County, Pennsylvania.
2. Defendants Earl Reitz Jr., Steve Calaman, Frank Teaney, Carl
Heyward, Mathew Kennedy and William Diehl are adult individuals residing in
the Cumberland County Community, Pennsylvania.
3. Defendant Honorable District Justice Paula Correal is an adult
individual residing in the Cumberland County Community, Pennsylvania.
4. Plaintiff Cory Connany is an adult individual preceding employment
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with K-Mart Corporation, Carlisle, Pennsylvania. The Plaintiff is a taxpayer, a
registered voter and a citizen of the United States of America.
5. Plaintiff Cory Cormany is a high school graduate in attending South
Middleton School District. He is also academically achieved through the
Pennsylvania State University.
6. On May 29th, of the year 1996, Defendant Steve Calaman did agress
and corrupt criminative offenses objectional the Plaintiff Cory Cormany, without
superior affinnation influential the Cumberland County Prison, Pennsylvania.
7. In and about the month of February, of the year 1997, Defendants
Steve Calaman and William Diehl proceeded a summary incident in the
Commonwealth Court of Cumberland County, Pennsylvania.
8. Prior therein the foregoing statement, Defendants Steve Calaman and
William Diehl did conspire to commit and justify criminal acts against the
Plaintiff Cory Cormany pursuant a C. O. Sanderson.
9. On July 24th, of the year 2001, Honorable Commonwealth Judge
Kevin Hess did adjudicate a sentence implemented by the Defendant Honorable
District Justice Paula Correal affmnative the Plaintiff Cory Cormany.
10. On August 6th, of the year 2001, Plaintiff Cory Cormany was
committed to the Cumberland County Prison complementary a sentence order
issued by the Commonealth Court of Cumberland County, Pennsylvania.
11. On August 30th, of the year 2001, Plaintiff Cory Cormany did file a
criminal complaint with the District Attorney's Office of Cumberland County
allegary The Administration and Staff of Cumberland County Prison pertinent
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Defendant Earl Reitz Jr.
12. Prior therein the foregoing statement, Defendant Carl Heyward did
perpetrate a series of questionable situations and circumstances reportorial the
Plaintiff Cory Cormany and the District Attorney.
13. On September 12th, of the year 2001, Defendant Frank Teaney did
aggress and corroborate criminative offenses directional the Plaintiff Cory
Cormany, without jurisdictional authorization political the Cumberland County
Prison, Pennsylvania.
14. On September 25th, of the year 2001, Plaintiff Cory Cormany did
petition a civil complaint with the United States District Court impetuous the
Defendant Honorable District Justice Paula Correal.
15. In and about the month of October, of the year 2001, Defendants
Mathew Kennedy and William DieW proceeded a misdemeanor incident in the
Commonwealth Court of Cumberland County, Pennsylvania.
16. Proceeding thereto the foregoing statement, Defendants Mathew
Kennedy and William DieW did conspire to commit and justify criminal acts
against the Plaintiff Cory Cormany pursuant a C. O. Culbertson.
17. Prior herein and pertinent hereto, Defendant Honorable District
Justice Paula Correal did conspire to the solicitations of the Defendants Steve
Calaman and Mathew Kennedy instantaneous the Defendant William DieW.
18. On October 2nd, of the year 2001, Defendants William Diehl and
Honorable District Justice Paula Correal did again solicit to commit and justify
criminal acts against the Plaintiff Cory Cormany.
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19. On October 16th, of the year 2001, Plaintiff Cory Cormany was
delivered an allegation criminatory a certified mail in the Cumberland County
Prison, Pennsylvania.
20. On October 29th, of the year 2001, Plaintiff Cory Cormany did
petition appeal through the Court of Common Pleas to the Superior Court of
Pennsylvania regarding a commitment status at the Cumberland County Prison.
21. On November 4th, of the year 2001, Plaintiff Cory Cormany did file
a criminal complaint with the District Attorney's Office of Cumberland County
allegary Defendants Steve Calaman, Carl Heyward, Frank Teaney, Mathew
Kennedy and William DieW liable Defendant Earl Reitz Jr.
22. On November 13th, of the year 2001, Plaintiff Cory Cormany did
service a criminal report to the District Attorney's Office of Cumberland County
incidental Defendants Mathew Kennedy, Marie Hall, Jane Scott, Karen Edwards
and Michael Carey responsible Defendant Earl Reitz Jr.
23. On January 3rd, of the year 2002, Plaintiff Cory Cormany is
scheduled to be released and/or discharged from the Cumberland County Prison
careful a policy and obligatory the order of the court set forth by the.
Commonwealth of Pennsylvania, Court of Common Pleas, Cumberland County,
Pennsylvania.
24. The Plaintiff Cory Cormany has suffered public humiliation as
caused by the defamation of his character, pain and physical injury as a result of
the Defendant's conspiratorial and prejudicial actions.
25. The Plaintiff Cory Cormany has suffered mental anguish, emotional
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distress, imprisonment and loss of employment as a result of the Defendant's
conspiratorial and prejudicial actions.
26. The Plaintiff Cory Cormany has suffered lost wages, benefits, fees
and property in the amount or in the potential excessive amount of One Hundred
Twenty Five Thousand and 00 Dollars (125,000.00) as result of the Defendant's
conspiratorial and prejudicial actions.
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COUNT ONE
CORY A. CORMANY V. EARL REITZ JR.
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
27. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
28. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County; Pennsylvania, respectfully submitted
exhibits: A-X
29. Proceeding hereto and relevant herein the Defendant Earl Reitz Jr.
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
30. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
31. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT TWO
CORY A. CORMANY V. STEVE CALAMAN
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
32. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
33. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
34. Proceeding hereto and relevant herein the Defendant Steve Calaman
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
35. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
36. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT THREE
CORY A. CORMANY V. FRANK TEANEY
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
37. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
38. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
39. Proceeding hereto and relevant herein the Defendant Frank Teaney
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
40. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
4 L By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT FOUR
CORY A. CORMANY V. CARL HEYWARD
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
42. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
43. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
44. Proceeding hereto. and relevant herein the Defendant Carl Heyward
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
45. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
46. By' reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT FIVE
CORY A. CORMANY V. MATHEW KENNEDY
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
47. The avennents set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
48. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
49. Proceeding hereto and relevant herein the Defendant Mathew
Kennedy did prejudicially conspire a requisite criminal intention careless a
constitutional statute and deliberate a willful conduct.
50. The Plaintiff Cory Connany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
5!. By reason of the aforesaid matter, Plaintiff Cory Connany has
suffered pain, injury, mental anguish, public hwniliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Connany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT SIX
CORY A. CORMANYV. WILLIAM DIEHL
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
52. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as ifset forth at length.
53. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland COlinty, Pennsylvania, respectfully submitted
exhibits: A-X
54. Proceeding hereto and relevant herein the Defendant William Diehl
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
55. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
56. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT SEVEN
CORY A. CORMANY V. PAULA CORREAL
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
57. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as if set forth at length.
58. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
59. Proceeding hereto and relevant herein the Defendant Honorable
District Justice Paula Correal did prejudicially conspire a requisite criminal
intention careless a constitutional statute and deliberate a willful conduct.
60. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
61. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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VERIFICATION
I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify
and state that the facts set forth in the Complaint against Earl Reitz Jr., Steve
Calaman, Frank Teaney, Carl Heyward, Mathew Kennedy, William DieW and
Paula Correal 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 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities.
Dated
I{ It 3/0 I
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BYqor:..O"
Cory A. Cormany'.
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CERTIFICATE OF SERVICE
I, Paula J. Zimmerman, hereby certify that on January 31, 2002, I caused to be served a
true and correct copy of Defendant Matthew Kennedy's Preliminary Objections to Plaintiffs
Complaint, by regular U.S. mail, postage prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, P A 17013
Pro se Plaintiff
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CORY A. CORMANY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
EARL F. REITZ, JR..
STEVEN CALAMAN. FRANK
TEANEY, CARL HEYWARD OF
THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF THE:
CARLISLE POLICE DEPARTMENT,
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY DA AND
PAULA CORREAL,
DEFENDANTS : 01-6467 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT MATHEW KENNEDY
TO PLAINTIFF'S COMPLAINT
AND NOW. this
ORDER OF COURT
8
day of June, 2002, the preliminary objections
of defendant, Mathew Kennedy, to plaintiff's complaint, ARE GRANTED. Plaintiff is
given forty-five (45) days to file an amended complaint stating a cause of action for
malicious prosecution against defendant, Mathew Kennedy.
Edgar B. Bayle' , J.
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1883 Douglas Dr.
Carlisle, PA 17013
and
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1101 Claremont Road
Carlisle, PA 17013
David MacMain, Esquire
123 S. Broad Street
Philadelphia, PA 19109
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CORY A. CORMANY,
Plaintiff
V.
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PR~SON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
NO. 01-6467 CIVIL TERM
1. Matter to be argued: Defendant William Diehl's Preliminary
Objections
2. Counsel who will argue case:
(a) Cory Cormany, Plaintiff, Pro Se
1883 Douglas Drive
Carlisle, PA 17013
(b) David J. Freed, Esquire
One Courthouse Square, Room 202
Carlisle, PA 17013
Attorney for Defendant William Diehl
3. I will notify all parties in writing within two days that
this case has been listed for argument.
4. Argument Court Date: May 21, 2003
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Attorney for Defendant
William Diehl
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
ORDER OF COURT
AND NOW, this ____ day of
, 2003, upon
consideration of Defendant William Diehl's Preliminary
Objections to Plaintiff's Complaint, and any responses, IT
IS HEREBY ORDERED AND DIRECTED that the Preliminary
Objections are SUSTAINED and Plaintiff's Complaint as to
william Diehl is DISMISSED WITH PREJUDICE.
By the Court,
J.
David J. Freed, Esquire
Attorney for Defendant William Diehl
Cory Cormany, Plaintiff, Pro Se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE.
CUMBERLAND COUNTY D. A. AND
PAULA CORREAL,
Defendant
DEFENDANT WILLIAM DIEHL'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND NOW, comes Defendant, William Diehl, by and
through his attorney, David J. Freed, Esquire and submits
the following preliminary objections pursuant to
Pennsylvania Rule of Civil Procedure 1028:
I . DEMURRER
1. Plaintiff has instituted the above-captioned
action pro se.
2. Although the Plaintiff's Complaint is extremely
vague, he indicates that it is a cause of action based on a
theory of malicious prosecution.
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3. Rule 1028(a) (4) of the Pennsylvania Rules of
civil Procedure permits the filing of preliminary
objections based on legal insufficiency of a pleading.
4. Plaintiff's Complaint is legally insufficient to
state a cause of action for malicious prosecution because
it fails to allege any specific charges brought against the
Defendant; that any charges were brought for an unjust or
malicious purpose; that any charges were brought without
probable cause or that any legal proceedings resulting from
said charges were resolved in favor of Plaintiff.
WHEREFORE, Plaintiff's complaint fails to state a
cause of action and should be DISMISSED.
II. FAILURE TO CONFORM TO RULE OF COURT
5. Paragraphs one (1) through five (5) are
incorporated herein by reference.
6. Pennsylvania Rule of Civil Procedure 1028 (a) (2)
requires that all pleadings must conform to Law or Rule of
Court.
7. Pennsylvania Rule of Civil Procedure 1019
requires that pleadings must allege the specific facts on
which a cause of action is based.
8. Plaintiff's Complaint fails to set forth such
specific and material facts and therefore fails to conform
to Rule of Court.
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WHEREFORE, Plaintiff's Complaint fails to conform to
Rule of Court and should be DISMISSED.
III. MOTION FOR A MORE SPECIFIC PLEADING
9. Paragraphs one (1) through eight (8) are
incorporated herein by reference.
10. Pennsylvania Rule of Civil Procedure 1028(a) (3)
permits preliminary objections on the basis of insufficient
specificity in a pleading.
11. Plaintiff's Complaint lacks specificity which
renders it impossible for Defendant William Diehl to
answer, let alone fathom the basis for the suit.
WHEREFORE, in the event that this matter is not
DISMISSED, Plaintiff should be required to file a more
specific pleading.
Respectfully submitted,
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David J Freed, Esq~ire
Attorney I.D. # 76622
Attorney for Defendant,
William Diehl
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CERTIFICATE OF SERVICE
I, David J. Freed, hereby certify that on April 24,
2003, I caused to be served a true and correct copy of
Defendant William Diehl's Preliminary Objections to
Plaintiff's Complaint, by regular U.S. mail, postage
prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Drive
Carlisle, PA 17013
Pro Se Plaintiff
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David J. Freed, Esquire
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
APR 2:~ _
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D. A. AND
PAULA CORREAL,
Defendant
PRAECIPE FOR APPEARANCE
Please enter my appearance as Attorney for Defendant
William Diehl.
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David J Freed, Esquire
Attorney I.D. # 76622
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
ORDER OF COURT
AND NOW, this ____ day of
, 2003, upon
consideration of Defendant William Diehl's Preliminary
Objections to Plaintiff's Complaint, and any responses, IT
IS HEREBY ORDERED AND DIRECTED that the Preliminary
Objections are SUSTAINED and Plaintiff's Complaint as to
William Diehl is DISMISSED WITH PREJUDICE.
By the Court,
J.
David J. Freed, Esquire
Attorney for Defendant William Diehl
Cory Cormany, Plaintiff, Pro Se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D. A. AND
PAULA CORREAL,
Defendant
DEFENDANT WILLIAM DIEHL'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
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AND NOW, comes Defendant, William Diehl, by and !:pf"
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through his attorney, David J. Freed, Esquire and sul:iilitts '-
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the following preliminary objections pursuant to
Pennsylvania Rule of civil Procedure 1028:
I . DEMURRER
1. plaintiff has instituted the above-captioned
action pro se.
2. Although the Plaintiff's Complaint is extremely
vague, he indicates that it is a cause of action based on a
theory of malicious prosecution.
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3. Rule 1028(a) (4) of the Pennsylvania Rules of
Civil Procedure permits the filing of preliminary
objections based on legal insufficiency of a pleading.
4. Plaintiff's Complaint is legally insufficient to
state a cause of action for malicious prosecution because
it fails to allege any specific charges brought against the
Defendant; that any charges were brought for an unjust or
malicious purpose; that any charges were brought without
probable cause or that any legal proceedings resulting from
said charges were resolved in favor of Plaintiff.
WHEREFORE, Plaintiff's complaint fails to state a
cause of action and should be DISMISSED.
I I . FAILURE TO CONFORM TO RULE OF COURT
5. Paragraphs one (1) through five (5) are
incorporated herein by reference.
6. Pennsylvania Rule of Civil Procedure 1028 (a) (2)
requires that all pleadings must conform to Law or Rule of
Court.
7. Pennsylvania Rule of civil Procedure 1019
requires that pleadings must allege the specific facts on
which a cause of action is based.
8. Plaintiff's Complaint fails to set forth such
specific and material facts and therefore fails to conform
to Rule of Court.
;
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WHEREFORE, Plaintiff's Complaint fails to conform to
Rule of Court and should be DISMISSED.
III. MOTION FOR A MORE SPECIFIC PLEADING
9. Paragraphs one (1) through eight (8) are
incorporated herein by reference.
10. Pennsylvania Rule of Civil Procedure 1028(a) (3)
permits preliminary objections on the basis of insufficient
specificity in a pleading.
11. Plaintiff's Complaint lacks specificity which
renders it impossible for Defendant William Diehl to
answer, let alone fathom the basis for the suit.
WHEREFORE, in the event that this matter is not
DISMISSED, Plaintiff should be required to file a more
specific pleading.
Respectfully submitted,
.~ ~ ~ ~
David J Freed, Esquire
Attorney I.D. # 76622
Attorney for Defendant,
William Diehl
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CERTIFICATE OF SERVICE
I, David J. Freed, hereby certify that on April 24,
2003, I caused to be served a true and correct copy of
Defendant William Diehl's Preliminary Objections to
Plaintiff's Complaint, by regular U.S. mail, postage
prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Drive
Carlisle, PA 17013
Pro Se plaintiff
1--1 ~i
David J. Freed, Esquire
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL, ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
ORDER OF COURT
AND NOW, this day of
, 2003, upon
consideration of Defendant William Diehl's Preliminary
Objections to Plaintiff's Complaint, and any responses, IT
IS HEREBY ORDERED AND DIRECTED that the preliminary
Objections are SUSTAINED and Plaintiff's Complaint as to
William Diehl is DISMISSED WITH PREJUDICE.
By the Court,
J.
David J. Freed, Esquire
Attorney for Defendant William Diehl
Cory Cormany, Plaintiff, Pro Se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. ORMANY ,
plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REI Z, JR., STEVE CALAMAN,
FRANK TE Y, CARL HEYWARD
OF THE C BERLAND COUNTY
PRISON, TTHEW KENNEDY OF
THE CARLISLE ,POLICE DEPARTMENT
WILLIAM IEHL OF THE
CUMBER COUNTY D.A. AND
PAULA C RREAL,
Defendant
WILLIAM DIEHL'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
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comes Defendant, William Diehl, by and c:prr;
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through his attorney, David J. Freed, Esquire and subi'ii:fts "-
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the fol owing preliminary objections pursuant to
pennsyl ania Rule of Civil Procedure 1028:
1.
DE
ER
1. Plaintiff has instituted the above-captioned
action ro se"
2. Although the Plaintiff's Complaint is extremely
vague, e indicates that it is a cause of action based on a
theory f malicious prosecution.
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3. Rule 1028(a) (4) of the Pennsylvania Rules of
Civil Procedure p~rmits the filing of preliminary
objections based on legal insufficiency of a pleading.
4. Plaintiff's Complaint is legally insufficient to
state a cause of action for malicious prosecution because
it fails to allege any specific charges brought against the
Defendant; that any charges were brought for an unjust or
malicious purpose; that any charges were brought without
probable cause or that any legal proceedings resulting from
said charges were resolved in favor of Plaintiff.
WHEREFORE, Plaintiff's complaint fails to state a
cause of action and should be DISMISSED.
II. FAILURE TO CONFORM TO RULE OF COURT
5. Paragraphs one (1) through five (5) are
incorporated herein by reference.
6. Pennsylvania Rule of Civil Procedure 1028 (a) (2)
requires that all pleadings must conform to Law or Rule of
Court.
7. Pennsylvania Rule of Civil Procedure 1019
requires that pleadings must allege the specific facts on
which a cause of action is based.
8. Plaintiff's Complaint fails to set forth such
specific and material facts and therefore fails to conform
to Rule of Court.
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WHEREFORE, Plaintiff's Complaint fails to conform to
Rule of Court and should be DISMISSED.
III. MOTION FOR A MORE SPECIFIC PLEADING
9. Paragraphs one (1) through eight (8) are
incorporated herein by reference.
10. Pennsylvania Rule of Civil Procedure 1028(a) (3)
permits preliminary objections on the basis of insufficient
specificity in a pleading.
11. Plaintiff's Complaint lacks specificity which
renders it impossible for Defendant William Diehl to
answer, let alone fathom the basis for the suit.
WHEREFORE, in the event that this matter is not
DISMISSED, Plaintiff should be required to file a more
specific pleading.
Respectfully submitted,
r~ ~ ~ ~
David J Freed, Esquire
Attorney I.D. # 76622
Attorney for Defendant,
William Diehl
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CERTIFICATE OF SERVICE
I, David J. Freed, hereby certify that on April 24,
2003, I caused to be served a true and correct copy of
Defendant William Diehl's Preliminary Objections to
Plaintiff's Complaint, by regular U.S. mail, postage
prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Drive
Carlisle, PA 17013
Pro Se Plaintiff
1-1 (Lj
David J. Freed, Esquire
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
ORDER OF COURT
AND NOW, this ____ day of
, 2003, upon
consideration of Defendant William Diehl's Preliminary
Objections to Plaintiff's Complaint, and any responses, IT
IS HEREBY ORDERED AND DIRECTED that the preliminary
Objections are SUSTAINED and Plaintiff's Complaint as to
William Diehl is DISMISSED WITH PREJUDICE.
By the Court,
J.
David J. Freed, Esquire
Attorney for Defendant William Diehl
Cory Cormany, Plaintiff, Pro Se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
DEFENDANT WILLIAM DIEHL'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT (") 5
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AND NOW, comes Defendant, William Diehl, by and ~,1\
~"~~:_:,
through his attorney, David J. Freed, Esquire and subm~~~
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~'6
P'~
:2
the following preliminary objections pursuant to
Pennsylvania Rule of Civil Procedure 1028:
I . DEMURRER
1. Plaintiff has instituted the above-captioned
action pro se.
2. Although the Plaintiff's Complaint is extremely
vague, he indicates that it is a cause of action based on a
theory of malicious prosecution.
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3. Rule 1028 (a) (4) of the Pennsylvania Rules of
Civil Procedure permits the filing of preliminary
objections based on legal insufficiency of a pleading.
4. Plaintiff's Complaint is legally insufficient to
state a cause of action for malicious prosecution because
it fails to allege any specific charges brought against the
Defendant; that any charges were brought for an unjust or
malicious purpose; that any charges were brought without
probable cause or that any legal proceedings resulting from
said charges were resolved in favor of Plaintiff.
WHEREFORE, Plaintiff's complaint fails to state a
cause of action and should be DISMISSED.
II. FAILURE TO CONFORM TO RULE OF COURT
5. Paragraphs one (1) through five (5) are
incorporated herein by reference.
6. Pennsylvania Rule of Civil Procedure 1028 (a) (2)
requires that all pleadings must conform to Law or Rule of
Court.
7. Pennsylvania Rule of Civil Procedure 1019
requires that pleadings must allege the specific facts on
which a cause of action is based.
8. Plaintiff's Complaint fails to set forth such
specific and material facts and therefore fails to conform
to Rule of Court.
--,
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WHEREFORE, plaintiff's Complaint fails to conform to
Rule of Court and should be DISMISSED.
III. MOTION FOR A MORE SPECIFIC PLEADING
9. Paragraphs one (1) through eight (8) are
incorporated herein by reference.
10. Pennsylvania Rule of Civil Procedure 1028(a) (3)
permits preliminary objections on the basis of insufficient
specificity in a pleading.
11. Plaintiff's Complaint lacks specificity which
renders it impossible for Defendant William Diehl to
answer, let alone fathom the basis for the suit.
WHEREFORE, in the event that this matter is not
DISMISSED, plaintiff should be required to file a more
specific pleading.
Respectfully submitted,
.~ \ ~ ~
David J Freed, Esq~ire
Attorney I.D. # 76622
Attorney for Defendant,
William Diehl
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CERTIFICATE OF SERVICE
I, David J. Freed, hereby certify that on April 24,
2003, I caused to be served a true and correct copy of
Defendant William Diehl's Preliminary Objections to
Plaintiff's Complaint, by regular U.S. mail, postage
prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Drive
Carlisle, PA 17013
Pro Se Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
ORDER OF COURT
AND NOW, this ____ day of
, 2003, upon
consideration of Defendant William Diehl's Preliminary
Objections to Plaintiff's Complaint, and any responses, IT
IS HEREBY ORDERED AND DIRECTED that the Preliminary
Objections are SUSTAINED and Plaintiff's Complaint as to
William Diehl is DISMISSED WITH PREJUDICE.
By the Court,
J.
David J. Freed, Esquire
Attorney for Defendant William Diehl
Cory Cormany, Plaintiff, Pro Se
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 01-6467 CIVIL TERM
EARL REITZ, JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATTHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendant
DEFENDANT WILLIAM DIEHL'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND NOW, comes Defendant, William Diehl, by and
through his attorney, David J. Freed, Esquire and submits
1.
plaintiff has instituted the
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the following preliminary objections pursuant to
9,
Pennsylvania Rule of Civil Procedure 1028:
1.
DEMURRER
action pro se.
2. Although the Plaintiff's Complaint is extremely
vague, he indicates that it is a cause of action based on a
theory of malicious prosecution.
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3. Rule 1028(a) (4) of the Pennsylvania Rules of
Civil Procedure permits the filing of preliminary
objections based on legal insufficiency of a pleading.
4. Plaintiff's Complaint is legally insufficient to
state a cause of action for malicious prosecution because
it fails to allege any specific charges brought against the
Defendant; that any charges were brought for an unjust or
malicious purpose; that any charges were brought without
probable cause or that any legal proceedings resulting from
said charges were resolved in favor of Plaintiff.
WHEREFORE, Plaintiff's complaint fails to state a
cause of action and should be DISMISSED.
II. FAILURE TO CONFORM TO RULE OF COURT
5. Paragraphs one (1) through five (5) are
incorporated herein by reference.
6. Pennsylvania Rule of Civil Procedure 1028 (a) (2)
requires that all pleadings must conform to Law or Rule of
Court.
7. Pennsylvania Rule of Civil Procedure 1019
requires that pleadings must allege the specific facts on
which a cause of action is based.
8. Plaintiff's Complaint fails to set forth such
specific and material facts and therefore fails to conform
to Rule of Court.
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WHEREFORE, Plaintiff's Complaint fails to conform to
Rule of Court and should be DISMISSED.
III. MOTION FOR A MORE SPECIFIC PLEADING
9. Paragraphs one (1) through eight (8) are
incorporated herein by reference.
10. Pennsylvania Rule of Civil Procedure 1028(a) (3)
permits preliminary objections on the basis of insufficient
specificity in a pleading.
11. Plaintiff's Complaint lacks specificity which
renders it impossible for Defendant William Diehl to
answer, let alone fathom the basis for the suit.
WHEREFORE, in the event that this matter is not
DISMISSED, Plaintiff should be required to file a more
specific pleading.
Respectfully submitted,
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David J Freed, Esq~ire
Attorney I.D. # 76622
Attorney for Defendant,
William Diehl
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CERTIFICATE OF SERVICE
I, David J. Freed, hereby certify that on April 24,
2003, I caused to be served a true and correct copy of
Defendant William Diehl's Preliminary Objections to
Plaintiff's Complaint, by regular U.S. mail, postage
prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Drive
Carlisle, PA 17013
Pro Se Plaintiff
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David J. Freed, Esquire
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff,
CNIL ACTION -Law
v.
NO.01-6467 CIVIL TERM
EARL REITZ JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUMBERLAND COUNTY
PRISON, MATHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT,:
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
Defendants.
DEFENDANT MATTHEW KENNEDY'S
PRAECIPE TO DISMISS PLAINTIFF'S COMPLAINT
Defendant Matthew Kennedy hereby requests that Plaintiffs Complaint be
marked dismissed with prejudice pursuant to the Honorable Edgar B. Bayley's June 18,2002
Order.
On June 18,2002, Judge Bayley granted Defendant Matthew Kennedy's
Preliminary Objections and provided Plaintiff with forty-five (45) days to file an Amended
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Complaint. Plaintiff has not filed an Amended Complaint; thus his Complaint should be
dismissed with prejudice.
Dated:
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David J. MacM n
I.D. No. 5932
Montgomery, McCracken,
Walker & Rhoads LLP
123 S. Broad Street
Philadelphia, PA 19109
(215) 772-1500
Attorney for Defendant
Matthew Kennedy
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CERTIFICATE OF SERVICE
I, Michael J. Butler, hereby certify that on May 15, 2003, I caused to be served a true
and correct copy of Defendant Matthew Kennedy's Praecipe to Dismiss Plaintiffs Complaint, by
regular U.S. mail, postage prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, P A 17013
David Fried
First Assistant District Attorney
Cwnberland County District Attorney's Office
1 Courthouse Square
Carlisle, P A 17013
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IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY
, ,
PENNSYL VANIA
PLAINTIFF
CORYA. CORMANY
V.
DEFENDANT CASE NO.
EARLREITZ JR., STEVE :
CALAMAN, FRANK
TEANEY, CARL HEYWARD :
OF THE CUMBERLAND CIVIL ACTION - LAW
COUNTY PRISON, MATHEW :
KENNEDY OF THE
CARLISLE POLICE: JURY TRIAL DEMANDED
DEPARTMENT, . WILLIAM
DIEHL OF THE :
CUMBERLAND COUNTY
D.A. AND PAULA CORREAL :
NOTICE
You have been sued in Court. If you wish to defend. against the claim set
forthin the following pages, you must take action within twenty (20) days after
the Complaint and Notice are served by entering a written appeaI:ance, personally
or by attomeyand by filing in writing with the Court your defense or objection to
the claims set forth ~ainst you. You are warned that if you fail to do so tlJ.ecase
may proceed without you and judgment maybe 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 Wl-l}!RE
YOU CAN GET LEGAL HELP.
, . C(;)Urt Administrator
Cumberland County Court House
1. South Hanover Street .
Carlisle, PA 17013
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PLAINTIFF
CORY A. CORMANY
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
V.
DEFENDANT CASE NO. D 1- &/-107 ()v\'\
EARL REITZ ,JR., STEVE :
CALAMAN, FRANK
TEANEY, CARLHEYW ARD :
OF THE CUMBERLAND CIVIL ACTION- LAW
COUNTY PRISON, MATHEW :
KENNEDY OF THE
CARLISLE. ,POLICE: JURYTRIALDEMANDED
DEPARTMENT, . WILLIAM
DIEHL OF THE :
CUMBERLAND 'COuNTy
D.A.ANDPAULACORREAL :
COMPLAINT
AND NOW comes, Cory Cormany, Plaintiff, and sets forth causes of action
against the above Defendants, whereof the following is a statement:
1. Plaintiff, is Cory Cormany, an adult individual residing m
Carlisle, . Cumberland County, Pennsylvania.
2. Defendants Earl Reitz k, Steve Calaman, Frank Teaney, Carl
Heyward, Mathew Kennedy and William Diehl are adult individuals residing in
the Cumberland County Community, , Pennsylvania.
3. Defendant Honorable District Justice Paula Correal is an adult
individual residing in the Cumberland County Community, Pennsylvania.
4.P1aintiff Cory Cormany is an adult individual preceding employment
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with K-Mart Corporation, Carlisle, Pennsylvania. The Plaintiff is a taxpayer; a'
registered \Toter. and a c.itizen oEthe United States of America.
S: Plaintiff Cory Cormany is a high school graduate in attending South
Middleton School, Disttict. He . is also academically achieved through the
Pennsylvania State University.
6. On May 29th, of the year 1996, Defendant Steve Calaman. did agress
and corrupt criminative offenses objectional the Plaintiff Cory Cormany, without
superipr affIrmation influential the Cumberland County Prison, Pennsylvania.
7. In and about the month of February, of the year 1997, Defendants
Steve. Calaman and William Diehl proceeded a summary incident in the
Commonwealth Court ofCwnberland County, Pennsylvania.
8. Prior therein the foregoingstateplent, Defendants Steve Calaman and
William Diehl did conspire to con1Init and justifY criminal acts against the
Plaintiff Cory Cormanypursuantac. O. Sanderson.
9., On July 24th, of the year 2001, Honorable Commonwealth Judge
Kevin fIessdid adjudicate a sentence implemented. by the Defendant Honorable
DistrictJusticePaula Correal affIrmative the Plaintiff Cory Cormany.
10. On August 6th,. of the year 2001, Plaintiff Cory Cormany was
. .
con1Initted to. the .CwnberlandCouhty"prison complementary a sentence order
issued by theComtnonealth.Court of Cumberland County, Pennsylvania.
11. On August 30th, of the year 2001, Plaintiff Cory Cormany did fue a
criminal complaint with the District Attorney's Office of Cwnberland County
allegary The Administration and Staff of cumberland County Prison pertinent
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DefendantEarl Reitz Jr.
12. " Prior therein the foregoing statement, Defendant Carl Heyward did
perpetrate a series of questionable situations and circutIlStances reportorial the
Plaintiff Cory Connany and the District Attorney.
13. On September 12th, of the year 2001, Defendant Frank Teaney did
aggress and corroborate criminative offenses direc.tional the Plaintiff Cory
, Connany, ,without jurisdictional authorization political" the Cumberland County
Prison, Pennsylvania.
14. On September 25th, of the year 2001, Plaintiff Cory Connany did
petition a civil complaint with the United States District Court impetuous the
Defendant Honorable District Justice Pallia Correal.
15. In and about the month of October, of the year 2001, Defendants
Mathew Kennedy and William Diehl proceeded a misdemeanor incident in the
Commonwealth Court of Cumberland County, Pennsylvania.
16. Proceeding" thereto the foregoing statement, Defendants Mathew
Kennedy and William Diehl ,did conspire to commit and justify criminal acts
againstthe Plaintiff Cory Connany pursuant a C. O. Culbertson.
17.' Prior herein and pertinent hereto, Defendant Honorable District
Justice Pallia Correal did conspire to the solicitations of the Defendants Steve
Calaman and Mathew KellJ;1edyinstantaneous the Defendant William Diehl.
18. On October 2nd, of the year 2001, Defendants William Diehl and
Honorable District Justice .Paula Correal did again solicit to commit and justify
criminal acts against the Plaintiff Cory Connany.
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19: On Octob!i:rJ6th, of the year 2001, Plaintiff Cory Cormany was
delivered an 'allegation criminatory a certified mail in the Cumberland County
Prison, Pennsylvania.
20. On October 29th, of the year 2001, Plaintiff Cory Cormany did
p!i:tition appeal through the Court of Common pleas to the Superior Court of
Pennsylvania regarding a commitment status at the Cumberland County Prison.
21. On November 4th, of the year 2001, Plaintiff Cory Cormany did file
a criminal complaint with the District Attorney's Office of Cumberland County
allegary Defendants Steve Calaman, Carl Heyward,' Frank Teaney, Mathew
Kennedy andWiUiam Diehl liable Defendant Earl Reitz Jr.
22. On Novemb!i:r 13th, of the year 2001, Plaintiff Cory Cormany did
service a criminal report to the District Attorney's Office of Cumberland County
incidental Defendants Mathew Kennedy, Marie Rall, Jane Scott, Karen Edwards
and Michael Cateyresponsible Oefendant Earl Reitz Jr.
23. . On January3rd" of the year 2002, Plaintiff Cory Cormany is
scheduled to be releas.edarid/ot discharged from the Cumberland County Prison
careful. a policy and . obligatory the order of the court set forth by the
COnunonwealth of Pennsylvania, Court of Common Pleas, Cumberland County,
Pennsylvania.
24. The. Plaintiff Cory Cormany' has suffer!i:d.public humiliation as
caused by the defamation . of his chm:acter, pain and physical injury as a result of
the. Defendant's,.collspiratorialandprejudicial actions.
25. . The Plaintiff COry Connanyhas suffeted.mental anguish, emotional
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distress, imprisonment and loss of employme~t as a result of the Defendant's
conspiratorial and prejudicial actions.
26. The Plaintiff Cory Cormany has suffered lost wages, benefits, fees
and property in the amount or in the potential excessive amount of One Hundred
Twenty Five Thousand and 00 Dollars (125,000.00) as result of the Defendant's
conspiratorial and prejudicial actions.
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COUNT ONE
CORY A CORMANY V. EARL REITZ JR
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
27. The averments seHorth in Paragraphs one through twenty six (l-26)
of the Complaint are incorporated by reference as ifset forth at length.
28. The malicious and solicit issues and crimes are serious as. having
happened in the . Cumberland County, Pennsylvania, respectfullysupmitted
exhibits: A~X
29. Proceeding hereto and relevant herein tl1e Defendant Earl Reitz Jr.
. did prejudicially conspire a requisite crtininalintention careless a constitutional
statute and. deliberate a willful conduct.
30. The Plaintiff Cory Connany.did suffer. pain for injuries felt and
sustained, mental anguish, public ,. humiliation, emotional' distress, loss of
employment and property, confmementandincarceration.
. 31. By reason oftl1e aforesaid matter; Plaintiff Cory Cormany has
suffered pain, injury, mental ahguish,publlchumiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the. PlaintiffCoty coI111any, claims from the Defendant in
. . '
an amount in excess of One Boodred Twenty Five Thousand and 00 Dollars
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(125,000;00) pll.iscost of suit.
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CORY A. coRMANY. V, s'fEVll CALAMAN
CI'llL ACTION _LAW
MALICIOUS. PROSECUTION
32, The _enIS set forth in ~at_bs one tfuOogl> twentY ,ix (1.26)
of Ill< C01l\1l1aint are ID~ by re-"" as if setIorth at \eogtb,
33, 1'li< malleio'" and ,olicit ".,.. ond ...- ,are ""m"'''-
~ in Ill< CnJI>be'Iand CountY, pountYlVania;,.,pe<tl\l11Y ,_ittOO
exhibits: A-Z
34, Proceeding -'" and ",IO'ono,e,.;in Ill< Defu1>dani SW'le CaI""'"
did prejudioi.J1Y""'spi1e . r<4pl$il< ."uniani in\ention "",1"" . ",,,,tii<rt\ona\
statute .auddeliberate a willfulcortduct.
35, ' 'f\\e l'Ianiut;Coty ,="'Y <\ill su\W' ~ fur mjnries lOll and
~ _talonguish. Il"blic' bunU1Jatlon. emotioani _ss, \"" of
, _loy-' andproP<"Y' "'~ ",d ~ation,
36, By resson of Ill< ...""ei<l-' P\eintilf cory C_ baS
sof\i>red pain.injnty, ,nentalongUiSb. pnW' b",.u;auon. """"",ani dis"''', 1""
of _loyonent and p~' "",fin'I'l""'andin.....,.uon
" \>i\JEREFORB,Ill<P1lJin!iff <;nty Coilnll"Y ,0:1.... _Ill< 1l.{eodani in
on --"' in exces' of one ,1lnJld<ed TWentY Five nwnSatal and 00 DeUat'
(l2S,OOO.OO) plus cost of suit.
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COUNT THREE
CORY A. CORMANY V. FRANK TEANEY
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
37. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated byreferenceas ifsetforthat length.
38. . The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
39. Proceeding hereto and relevant herein the Defendant Frank Teaney
did prejudicially conspire a requisite criminal intention careless a constitutional
statute and deliberate a willful conduct.
40. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmementand incarceration.
41. By reasQn of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, niental anguish, public humiliation, .emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT FOUR
CORY A CORMANYV.CARLHEYWARD
CIVIL ACTION -LAW
MALICIOUS PROSECUTION
42. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporatedbyreference as ifset forth at length.
43. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
44. Proceeding hereto and relevant herein the Defendant Carl Heyward
did prejudicially conspire a requisite criminal intention careless a constitutional
. statute and deliberate a willful conduct. .
. 45. The Plaintiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confinement and incarceration.
46. By reason of the aforesaid . matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public . humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the. Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT FIVE '
CORY A. CORMANY V. MATHEW KENNEDY
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
47. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as ifset forth at length.
48. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
49. Proceeding hereto and. relevant herein the Defendant Mathew
K.ennedy did prejudicially conspire a requisite criminalinteiltion careless a
constitutional statute and deliberate a willful conduct.
50. The P1Wutiff Cory CormanY did suffer pain for injuries felt and
sustained, mental. anguish, . public. 'humiliation, emotional distress" loss of
employment and property, confmement.and incarceration.
S1. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, eniotional distress, loss
of employment and property ,. confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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COUNT SIX
CORYA. CORMANY V.WILLIAMDIEHL
CIVIL ACTION - LAW
MALICIOUS PROSECUTION.
52. The averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are incorporated by reference as ifset forth at length.
53. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
exhibits: A-X
54. . Proceeding hereto and relevant herein the Defendant William DieW
did prejudicially conspire a requisite criminal intention careless a constitutional
statute. and deliberate a willful conduct.
55. The Plaintiff Cory Cortnaily did suffer pain for injuries felt and
sustained, 'mental anguish, public humiliation, emotional distress, loss of
employment and property, confinement and incarceration.
56. By reason of the aforesaid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property,confmementandincarceration.
WHEREFORE, the Plaintiff Cory Corma:ny, claims from the Defendant in
an amount in excess of One Hundred Twenty Five Thousand and 00 Dollars
. (125,000.00) plus cost of suit.
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57. Tbe averments set forth in Paragraphs one through twenty six (1-26)
of the Complaint are mcOrporated by reference as if set forth at length.
58. The malicious and solicit issues and crimes are serious as having
happened in the Cumberland County, Pennsylvania, respectfully submitted
eXhibits: A-X
59. Proceeding hereto and relevant herein the Defendant Honorable
District Justice Paula Correal did prejudicially conspire. a requisite criminal
intention careless a constitutional statute and deliberate a willful conduct.
60. The Plaintiff Cory Cormany did suffer pain for injuries felt and
su&tained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmement and incarceration.
61. By reason of the afore&aid matter, Plaintiff Cory Cormany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employment and property, confinement and incarceration.
WHEREFORE, the Plaintiff Cory Cormany, claims from the Defendant in
an amount in excess of One Hundred Twenty Five . Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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. VERIFICA TION
I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verifY
and state. that the facts set forth in the Complaint against Earl Reitz Jr., Steve
Calaman, Frank Teaney, Carl Heyward, Mathew Kennedy, William Diehl and
Paula Correal 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 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities.
Dated {,It 3/01
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BYCrfJJC-o "
Cory A. Cormany .
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CERTIFICATION OF SERVICE
AND NOW, this 1.. day of November 2001, I Cory A. Cormany
foregoing the aforesaid. matter with my Attorney
hereby certifY that I have served the foregoing document upon the following by
depositing a copy of same in the United States Mail, at Carlisle Pennsylvania,
addressed as follows:
Cumberland County Prison
EarlReitz k
Steve Calaman
Frank Teaney
Carl Heyward
110 1 Claremont Road.
Carlisle, PA 17013
Carlisle Police Department
Mathew Kennedy
53 WestSouth Street
Carlisle, P A 17013
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D. A. Court House
William Diehl
1 South Hanover Street
Carlisle, P A 17013
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D.l Paula Correal
1 S. Hanover St.
Carlisle, PA 17013
Cory A. Cormany
1883 Douglas Dr.
. Carlisle, PA 17013
c/o Cumberland County Prison
1101 Claremont Road
Cralisle, PA 17013
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CORY A. CORMANY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
EARL F. REITZ, JR.,
STEVEN CALAMAN, FRANK
TEANEY, CARL HEYWARD OF
THE CUMBERLAND COUNTY :
PRISON, MATHEW KENNEDY OF THE:
CARLISLE POLICE DEPARTMENT,
WILLIAM DIEHL OF THE
CUMBERLAND COUNTY DA AND
PAULA CORREAL,
DEFENDANTS : 01-6467 CIVIL TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANT WILLIAM DIEHL OF THE
CUMBERLAND COUNTY D.A.
TO PLAINTIFF'S COMPLAINT
BEFORE BAYLEY, J. AND HESS, J.
ORDER OF COURT
AND NOW, this '1 tJ r- day of May, 2003, the preliminary objection in
the form of a demurrer by defendant William Diehl of the Cumberland County DA to
plaintiff's complaint, IS GRANTED. Plaintiff's complaint against defendant, William
V
Diehl of the Cumberland County DA, IS DISMISSED.
/'
e Court,
Edgar B. Bayley, J.
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Cory A. Cormany, Pro se
1883 Douglas Dr.
Carlisle, PA 17013
David Freed, Esquire
For William Diehl
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