HomeMy WebLinkAbout01-6467 The Cour~ of Common Ple~$
Cumberland County
The Commonwealth of Pennsylv~ni~
RE: Cory A. Cormany v.
Earl F. Reitz, Jr., et al.
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:
Are you presently employed? (No)
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)
-1-
=
Do you have any cash, or do you have money in checking/savings
accounts? (Yes) I have approximately twenty five and O0
dollars available in my checking/savings account.
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.
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__~.~/~J
~.ory . Cormany ~ ~-
-Z-
PLAINTIFF
CORY A. CORMANY
Vo
DEFENDANT
EARL REITZ JR., STEVE
CALAMAN, FRANK
TEANEY, CARL HEYWARD
OF THE CUMBERLAND
COUNTY PRISON, MATHEW
KENNEDY OF THE
CARLISLE POLICE
DEPARTMENT,
DIEHL OF
CUMBERLAND
WILLIAM
THE
COUNTY
D.A. AND PAULA CORREAL :
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
CASE NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
You have been sued in Court. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and Notice are served by entering a written appearance personally
or by attorney and by filing in writing with the Court your defense or objection to
the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other
claim or relief requested by Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Court House
1 South Hanover Street
Carlisle, PA. 17013
PLAINTIFF
CORY A. CORMANY
Vo
DEFENDANT
EARL REITZ JR., STEVE
CALAMAN, FRANK
TEANEY, CARL HEYWARD
OF THE CUMBERLAND
COUNTY PRISON, MATHEW
KENNEDY OF THE
CARLISLE POLICE
DEPARTMENT,
DIEHL OF
CUMBERLAND
WILLIAM
THE
COUNTY
D.A. AND PAULA CORREAL
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
CASE NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW comes, Cory Commny, 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 in
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 Cormany is an adult individual preceding employment
Middleton School District. He
Pennsylvania State University.
with K-Mart Corporation, Carlisle, PennsyNania. The Plaintiff is a taxpayer, a
registered voter and a citizen of the United States of America.
Plaintiff Cory Comiany is a high school graduate in attending South
is also academically achieved through the
6. On May 29th, of the year 1996, Defendant Steve Calaman did agress
and corrupt criminative offenses objectional the Plaintiff Cory Coi-ixiany, without
superior affuaiation 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 Co~-many 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 Defend_a_ut Honorable
District Justice Paula Correal atTu-iiiative the Plaintiff Cory Cormany.
10. On August 6th, of the year 2001, Plaintiff Cory Co~-~iiany 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 Coi-iiiany did file a
criminal complaint with the District Attorney's Office of Cumberland County
allegary The Administration and Staff of Cumberland County Prison pertinent
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 Connany 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 Diem proceeded a misdemeanor incident in the
Commonwealth Court of Cumberland County, Pennsylvania.
16. Proceeding thereto the foregoing statement, Defendants Mathew
Kennedy and William Diem did conspire to commit and justify criminal acts
against the Plaintiff Cory Connany 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 DieM.
18. On October 2nd, of the year 2001, Defendants William Diem and
Honorable District Justice Paula Correal did again solicit to commit and justify
criminal acts against the Plaintiff Cory Comiany.
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 Coimany 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 Comiany did ftc
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 Commny 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 Comiany 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
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.
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 intemion careless a constitutional
statute and deliberate a willful conduct.
30. The Plaintiff Cory Coi-i~iany 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 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.
CORY A. CORMANY V. STEVE CALAMAN
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
32. The avei-iiients 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 Coiiiiany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confinement and incarceration.
36. By reason of the aforesaid matter, Plaintiff Cory Co~iiiany 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.
COUNT THREF,
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, confinement 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, 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.
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, confinement and incarceration.
46. By reason of the aforesaid matter, Plaintiff Cory Comiany has
suffered pain, injury, memal 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.
CORY A. CORMANY V. MATHEW KENNEDY
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
48.
happened
exhibits: A-X
49.
Kennedy
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.
The malicious and solicit issues and crimes are serious as having
in the Cumberland County, Pennsylvania, respectfully submitted
Proceeding hereto and relevant herein the Defendant Mathew
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
employmem and property, conf'mement and incarceration.
51. 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 Comxany, 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.
CORY A. CORMANY V. WILLIAM DIEHL
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
52. The avei-ments 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 County, 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 Plaimiff Cory Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confmemem and incarceration.
56. By reason of the aforesaid matter, Plaintiff Cory Cofmany has
suffered pain, injury, mental anguish, public humiliation, emotional distress, loss
of employmem 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.
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.
happened
exhibits: A-X
59. Proceeding hereto and relevant herein the Defendant Honorable
District Justice Paula Col-real 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, con£mement and incarceration.
61. By reason of the aforesaid matter, Plaintiff Cory Company 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.
The malicious and solicit issues and crimes are serious as having
in the Cumberland County, Pennsylvania, respectfully submitted
I, Cory A. Corrnany, 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 tree 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 unswom verification to authorities.
Dated
CERTIFICATION OF SERVICE
AND NOW, this
day of November 2001, I Cory A. Cormany
foregoing the aforesaid matter with my Attomey ,
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
Earl Reitz Jr.
Steve Calaman
Frank Teaney
Carl Heyward
1101 Claremont Road
Carlisle, PA 17013
Carlisle Police Department
Mathew Kennedy
53 West South Street
Carlisle, PA 17013
D. A. Court House
William Diehl
1 South Hanover Street
Carlisle, PA 17013
D.J. Paula Correal
1 S. Hanover St.
Carlisle, PA 17013
Cory A. Comiany
1883 Douglas Dr.
Carlisle, PA 17013
c/o Cumberland County Prison
1101 Claremont Road
Cralisle, PA 17013
Dennis E. Lebo
CLERK OF COURT
Elizabeth A. Walters
FIRST DEPUTY
Charles R. Gerow
SOLICITOR
Cheryl F. Sipe
cosx coL~£c-no~ ~^N^~ER
One Courthouse Square
Carlisle, Pennsylvania 17013
(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 the Pennsylvania Rules of Criminal
Procedure. If you have any questions, please do not hesitate to contact me. Thank
you.
Sincerely,
Dennis E. Lebo
Clerk of Court
Enclosures
· COMMONWEALTH OF PENNSYLVANIA ' ' ·
COUNTY Of: CUMBE~T,a. ND
Mag. DisL No.:
09-2 -01
OJ N~me: Hon,
PAULA P. CORREAL.
~a,,~,: EAST WING - COURT~I. OUSE
1- COUR'~'ztOUSE SQUARE
CARLISLE, PA -
T~,,:(717) 240-6564 ..':.:'~ - 17013-0000
CORY A. COP.~
1883 DOUGLAS DR.
CARLISLE, PA 17013
NOTICE OF INDIGENCY HEARING
l COMMONWEALTH OF
PENNSYLVANIA
VS.
N.~E ~d ~ORESS .
i, CORY ALLISTER
1883 DOUGLAS DR. ·
CARLISLE, PA 17013
L
Docket No.: NT-0000726-96
Date Filed: 5/29/96
18 §2709 §§A3 HARASSMENT/REPEATEDLY
(Charge)
I, PAULA P CORREAL , hereby state that on Dec~-nher 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 indigene%, hearing to determine your financial status due to your failure to pay the fine and costs which were
imposed against you in the above, captionedcase. To date, you owe this court $172.50 in
fines, fees and costs. The hearing is scheduled to be held as follows:
2/21/97 ' i Place:DISTRICT COURT 09-2-01
ITime: 9:30 AM · i COURTHOUSE SQUARE
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 will be issu'ed 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
qualiht, ono may be appointed for you. Please contact:
for additional 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, pf~.~e a~ove~iately/~.,
///'7//~"~' Date
I ./ .....
My commission expires first Monday of January 2ooo . SEAL
, District Justice
DATE PRhNTED: 1/14i97 '
AOPC 63i -94
COMMONWEALTH Of PENNSYLVANIA'
COUNTY OF: CUMB~..RLAND
Mag. Diat No.:
09-2-01
DJ Name: Hon,~
PAULA P. CORREAL .
~d,.,: EAST WING - COURTHOUSE
! · COURTHOUSE' :SQUARE
CARLISLE, PA .'
r~p,o,o:~717) 240-6564 '. · 1701320000
CORY A. CORMANY
1883 DOUGLAS DR.
CARLISLE, PA 17013
18
NOTICE OF INDIGENCY HEARING
COMMONWEALTH OF
PENNSYLVANIA
DEFENDANT:
UCORMANY, CORY ALLTSTER
1883 DOUGLAS DR.
CARLISLE, PA 17013
Docket No.: NT-0000727-96 I ~
Date Filed: 5/29/96
§2709 §§A3 HARASSMENT/REPEATEDLY ~.T,~, ANNOY
;~"(Charge) ~ - '-' .......... ' ...... - -" "'
(Charge)
I, PAULA P CORREAL , hereby state that on 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 scheduled to be held as follows:
Date: 2/21/97 .. ~Place:DISTRICT.COURT 09-2-01
':' " EAST WING - COURTHOUSE
Time: 9:30 AM '' 1 COURTHOUSE SQUARE
~T.T~T.~; PA 1701~-0000
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 wil! be issued for your arrest.
At this hearing, you may have a dght 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 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.
"~/li~/~ 'Date ~I~:~,,',~''\- 1~ , DistrictJust/ce
My commission expires first Monday of January, 2ooo · SEAL
DATE PRINTED: 1/14/97
AOPC 631-94
coMMONWEALTH Of PENNSYLVANIA
COUNTY Of: CUMBERLAND
Mag, Dist. No.:
09 -2-01
DJ Name: Hon.
mr°ss: I COURTHOUSE SQUARE
CARLISLE, PA
240-6564 17013'0000
CORY A. CORMANY
1883 DOUGLAS DR
CARLISLE, PA 17013
I8 S5505 S§ PUBLIC DRUNF~TESS
NOTICE OF ·TRIAL
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: N~E a~ ADDRESS
FCORMANY, CORY A
1883 DOUGLAS DR
CARLISLE, PA 17013
Docket No.: NT-0000777- 01 ]
Date F ed: 5/21/01
This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $
.00
has been accepted as collateral for your appearance at trial.
Your trial has been scheduled as follows:
Date:
Time:
9/12/01 place:
9:00 AM
DISTRICT COURT 09-2-01
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 your arrest.
If you have any questions, please call the above office immediately.
If you are disabled and require assistance, please contact the Magisterial District office at the address above.
My cOmmission expires fi~'st Mon(~y Of january, 2006.
, District Justice
'SEA'L
DATE PRINTED: 6/25/01
AOPC 611-98
CITATION NUMBER: P1896187'6
DATE CITATION .SIG~KH:
5/21/Ol.
COMMONWEALTH Of PENNSYLVANIA
COUNTY OF: CUM~E]~?.AND
Mag Dist. NO.:
09-2-01
DJ Name: Mon.
PAULA P. CORREAL
~ress: I COURTHOUSE SQUAP~E
~ . CARLISLE, PA
'";;~g~;~: i'~'~¥i' :~.~: 6~-~'..::::..~, '17 o13- oooo
CORY A. CORMANY
1883 DOUGLAS DR
CARLISLE, PA 17013
NOTICE OF TRIAL
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: NAME and ADDRESS
rCO~; 'CORY A
1883 DOUGLAI~ DR
CARLISLE, PA 17013
Date Filed: 5/21/01
ar es
I8 S5503 S~A4 DISORDERLY CONDUCT
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 09-2-01
Time: 9.-00 AM i COURTHOUSE SQUARE
CA/~ISLE, 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 your arrest.
[f you'haVe any'qu~sti~ns?plea~b dali t'h~ a'~)e-office imm&diatelY.
If you are disabled and require assistance, please contact the Magisterial District office at the address above.
My cOmmiSsion expires first Monday of January, 2.006.
, District Justice
... SEAL . ·
DATE PRINTED:
AOPC 611-98
6/25/Ol
CITATION NUMBER: P1896608-0
DATE CITATION SIGNED:
5/21/Ol
CO,MMONWEALTH OF PENNSYLVANIA
COUNTY OF: ~ut./BFJ~'r.a,.ND
Mag, Dis/, NO.:
09 -2-01
DJ Name: Hon,
PAULA P. COR~a~
~d~ss: I COURTHOUSE SQUARE
"' CARLISLE, PA
/:~;i;~;~,;~:;; 'i7 J.'7 i; :1240 '~:696'4' ..... 'i7013- 0000
CORY A. CORMANY
1883 DOUGLAS DR
CARLISLE, PA 17013
NOTICE OF TRIAL
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: . NAME and ADDRESS ·
1883 DOUGLAS DR
1'/o13
L
Docket No.: N~-0000779-01
Date Filed: 5/21/01
Charqe(s):
I8
~2709 S~A1 HARASSMENT
This court has received your plea of NOT GUILTY to the above summary violatibn(s). The sum of $
has been accepted as collateral for your appearance at trial.
Your trial has been scheduled as follows:
Date: 9/12/01 I Place:
I
Time: 9: O0 ~
DISTRICT COURT 09-2-01
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 your arrest.
.! · . .~ · '~ A .... - -- · ''~' ~ ...... ';~ ~
If you'have any questions, please call the above office immediate y. !'
If you are disabled and require assistance, please contact the Magisterial District office at the address above.
6/25/01. Date . __ _ ,
MY commission expires first Monday of January, 2006.
, District Justice
SEAL
DATE PRINTED: 6/25/01 CITATION NUMBER: P1896186-5
DATE CITATION SIGNED:
AOPC 611-98
5/21/01
COMMONWEALTH Of PENNSYLVANIA
.~, ,,: .~...
COUNTY OF: CUI~EIEdLND
Mag. Dist· No.:
09-2-01
DJ Name: ~on.
: PAULA P. COP/~EAL
'~-: i COO~THOOSE SQOAa.¢
~RLI SLE, PA
- ;; ,,; T ' ' ' · ' ,
CORy. A. COP. MANY
1883 DOUGLAS DR
: CARLISLE, PA 17013
..-..~ i~'-:~ .' ;
NOTICE OF ,TRIAL'
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: NAME an~J ADORESS
· i883'-Zx:)oc,~.s' DR*.
~IS~g, .P2[ 17013
'Docket No.: N~-0000780-01
Date Filed: 5/21/01
Charge(s): ;': ' :
S5503 S~A4 DISOP. DERLY CONDUCT "
This court has received your plea of NOT GUILTY to the above summary violati~3n(s). The sum of $
has been accepted as collateral, for your appearance at trial.
""'.; .,?o~r t. dal ~a~ bgen scheduled as follows:
.00
Date:
Time:
9/12/01
9:00 ~
· Place: DISTRICT COURT 09-2-01
i 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 appetar, a warrant may be issued for your arrest.
q'~'u: ' ~ ~ ' - ~ ~*'~ ¥ ' '~"- '~ '
If
you
have
esbons, please call the above office immediately.
any
If you are disabled and require assistance, please contact the Magisterial District office at the address above.
6/25/01 Date :
":~'My:(~r~'isSion'expires firS'~ :u6nday Of JanUary,' 2006' .
District Justice
DATE PRINTED:
.AOPC' 611-98
6/25/01
CITATION NOMBER: Pi896607-6
DATE CITATION SIGNED:
5/21/01
COMMONWEALTH OF PENNSYLVANIA'
COUNTY OF: CUM~~
Mag, Dist. No.:
09-2-01
DJ Name: Hon.
PA°LA P. COP~a.T~
CORY A. COPI~TY
1883 DOUGLAS DR
· CARLISLE, PA 17013
Address: i ' COURTHOUSE SQUARE
~ CARLISLE, PA
?~,e~o,i: (7~-7:) 240~6564· :~. '~17013- 0000
NOTICE OF TRIAL
SUMMARY CASE
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: NAME and ADDRESS
1883 DOUGLAS DR
CAKLISLE,' PA 17013
L
Docket No.: N~- 0000781- 01
Date Filed: 5/21/01
J
--' ::!':'" ' Charge(s):
18 S2709 S~A1 HARASSNm~'T
This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $
.00
has been accepted as cOllateral for your appearance at trial.
'. }~¥our {rial has been scheduled as follOws:
Place:
DISTRICT COURT 09-2-01
i 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 cay be issued for your~arrest.
If you have any qbestions, please call the above office immediately.
If you are disabled and require assistance, please contact the Magisterial District office at ~he address above'i
'My COmmission expires first Monday of Januarg, 2006. SEAL
DATE PRINTED: 6/25/01 CITATION NUMBER: P1896606-5 -'
DATE CITATION SIGNED~: 5/17/01
I8
COMMONWEALTH OF PENNSYLVANIA
;OUNTY Of:
Mag. Dist. No.:
09-2-01
0J Name: Hon.
PAITr_.~ P. CO~RA.T.,
~ ~ISLE, PA
Te~phone: (717) 240 - 6564 17013 ' 0000
CORY A. CORMANY
1101 CLARleMONT RD
CARLISLE, PA 17013
S5104
NOTICE OF
PRELIMINARY HEARING
COMMONWEALTH OF
PENNSYLVANIA
VS.
DEFENDANT: NAME and ADDRESS
F-CORMANY, CORY ALISTER
1101 ~I~[ONT RD
CARLISLE, PA 17013
L
Docket No.: CR-0000574-01
Date Filed: 10/02/01
OTN: H 424983-6
Char,qe(s):
SS RE'~ISTING ARREST OR OTHER LAW ENFORCEN~NT
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:
Time: 9
DISTRICT COURT 09-2-01
CUMBERLAND COUNTY PRISON
1101 CLAREMONT ROAD
CARLISLE, PA 17013-0000
If you fail to appear at the time and place 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 behalf and testify;
4. Make written notes of the proceeding, or have your counsel 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.
,,,"','%X I Ug %
i0/10/O1 Date - m' ~ '- ~lstnc~u~bce
My commission expires first Monday of January, 2006. ~ ~ ~ . ,..~L,~ ~ : ~, ':
~ ~.. ,.~ . .. ...~ ~
~ 9 '.. ..- . .. ~.' ~
Inmate CommisSary Order' 'Cumberland
Tuesday, August ~28, 2001
Page I
01-1403
CUM-91483 GENERAL CORMANY, CORY
order no. section pin id inmate name
Item Description
Nutrageous
Jolly Rancher Assorted
Baby Ruth '"
Peanut Brittle
Hard Candy-Sugar Free
Granola Bar-Oats & Honey
Popcorn-Smartfood Cheese
Cheese Curls-Fried(LSS)
Tortilla Chips-Nacho (LSS)
Cheez-It's
Soup-Cup, Shrimp
Soup-Cup, Beef Flavor
candy-Hard, Fire Balls '
Soap-Mountain~'Fresh
UNIT F 05
block . '" ce#
· .Item. ID
11O210
11_1200
112060
· 113305
113930
\
~ 114010
122120
. 122162
122505
127820
171010
171020
184495
~ ~743030
Units
1
1
1
1
1
1
2
1
1
2
2
2
· 1
1
Price Value
0.60 0.60
0.70 0.70
0~60 0.60
0.60 0.60
0~70 ." 0.70
0.55 ' 0.55
0.45 0.90
0.65 0.65
0.65 0.65
0:50 1.00
0.65 1.30
0:6.5, 1.30
0:70 0.70
0.95 0.95
18 ' '
11.20
CUMBERLAND COUNTY PRISON
FROM:
UNIT:
SECURITY STAFF
I-I WARDEN
F"'l DEPUTY WARDEN-SECURITY
n DEPUTY WARDEN-OPERATIONS
[-I TRAINING SPECIALIST
[] ACCOUNTS OFFICER
[] RECORDS DEPARTMENT
[] MAINTENANCE DEPARTMENT
Shiftleader:
BE SPECIFIC IN EXPLAINING REQUEST
REQUEST FORM
DATE: lo- "~ -ON
TREATMENT STAFF
[] DEPUTY WARDEN-TREATMENT
[] WORK RELEASE MANAGERS
[] MEDICAL DEPARTMENT
EARNED TIME CASE MANAGER
[] DRUG/ALCOHOL CASE MANAGER
n CORRECTIONAL COUNSELOR
[] PSYCHOLOGIST
[] CHAPLAIN
Fl INSTITUTIONAL PAROLE OFFICER
ANSWERED BY: {Y\~ DATE:
. , , , ----.
-
GEN-5 REVISED: 11-00
CUMBERLAND COUNTY PRISON
REQUEST FORM
DATE:
SECURITY STAFF
[-I WARDEN
[-I DEPUTY WARDEN-SECURITY
[-I DEPUTY WARDEN-OPERATIONS
~ TRAINING SPECIALIST
~] ACCOUNTS OFFICER
[-9 RECORDS DEPARTMENT
[-I MAINTENAxNCE DEPARTMENT
ShifHeader:
TREATMENT STAFF
[-I DEPUTY WARDEN-TREATMENT
[] WORK RELEASE MANAGERS
[21 MEDICAL DEPARTMENT
1~' EARNED TIME CASE MANAGER
[-I DRUG/ALCOHOL CASE MANAGER
[21 CORRECTIONAL COUNSELOR
F1 PSYCHOLOGIST
~ CHAPLAIN
BE SPECIFIC IN EXPLAINING REOUEST
[-I INSTITUTIONAL PAROLE OFFICER
ANSWERED BY: J'(o Lo, q/, .;
DATE:
GEN-5 REVISED: 11-00
CUMBERLAND COUNTY PRISON
REOUEST FORM
FROM:
UNIT: r~-- ~"
SECURITY STAFF
[] WARDEN
[] DEPUTY WARDEN-SECURITY
[] DEPUTY WARDEN-OPERATIONS
[] TRAINING SPECIALIST
[] ACCOUNTS OFFICER
[] RECORDS DEPARTMENT
[] MAINTENANCE DEPARTMENT
Shiftleader:
DATE:
®
TREATMENT STAFF
[] DEPUTY WARDEN-TREATMENT
[] WORK RELEASE MANAGERS
[] MEDICAL DEPARTMENT
~ EA_RNED TIME CASE MANAGER
F-I DRUG/ALCOHOL CASE MANAGER
[] CORRECTIONAL COUNSELOR
[] PSYCHOLOGIST
[] CHAPLAIN
[] INSTITUTIONAL PAROLE OFFICER
GEN-5 REVISED: 1 bOO
CUMBERLAND COUNTY PRISON
REQUEST FORM
~__ DATE:
FROM:
SECURITY STAFF
{-I WARDEN
[-I DEPUTY WARDEN-SECURITY
[] DEPUTY WARDEN-OPERATIONS
[] TRAINING SPECIALIST
[] ACCOUNTS OFFICER
[] RECORDS DEPARTMENT
[] MAINTENANCE DEPARTMENT
Shiftleader:
BE SPECIFIC IN EXPLAINING REOUEST
TREATMENT STAFF
[~t'~DEPUTY WARDEN-TREATMENT
[] WORK RELEASE MANAGERS
[221 MEDICAL DEPARTMENT
[-IEARNED TIME CASE MANAGER
[] DRUG/ALCOHOL CASE MANAGER
[-ICORRECTIONAL COUNSELOR
[] PSYCHOLOGIST
[] CHAPLAIN
[] INSTITUTIONAL PAROLE OFFICER
el- ~',o ¢ 5 ,, ,~
O i - 6'0c?'9 / t .
O/-oogU ~t
FROM:
UNIT:
CUMBERLAND COUNTY PRISON
REQUEST FORM
~--~~ DATE:
SECURITY STAFF
F-I WARDEN
~ DEPUTY WARDEN-SECURITY
[] DEPUTY WARDEN-OPERATIONS
[] TRAINING SPECIALIST
[] ACCOUNTS OFFICER
VI RECORDS DEPARTMENT
[] MAINTENAxNCE DEPARTMENT
Shiftleader:
BE SPECIFIC IN EXPLAINING REOUEST
TREATMENT STAFF
[-I DEPUTY WARDEN-TREATMENT
[] WORK RELEASE MANAGERS
MEDICAL DEPARTMENT
EARNED TIME CASE MANAGER
DRUG/ALCOHOL CASE MANAGER
CORRECTIONAL COUNSELOR
[] PSYCHOLOGIST
[] CHAPLAIN
[] INSTITUTIONAL PAROLE OFFICER
ANSWERED BY:
DATE: /'0 - ~ 3 -',Dj
GEN-5 REVISED: 11-(J0
FROM:
CUMBERLAND COUNTY PRISON
REQUEST FORM
DATE:
SECUR/TY STAFF
]~ WARDEN
UI DEPUTY WARDEN-SECURITY
[] DEPUTY WARDEN-OPERATIONS
[] TRAINING SPECIALIST
[] ACCOUNTS OFFICER
f-I RECORDS DEPARTMENT
[-I MAINTENANCE DEPARTMENT
Shiftlcadcr:
TREATMENT STAFF
['-I DEPUTY WARDEN-TREATMENT
[] WORK RELEASE MANAGERS
[] MEDICAL DEPARTMENT
VI EARNED TIME CASE MANAGER
[--I DRUG/ALCOHOL CASE MANAGER
[] CORRECTIONAL COUNSELOR
[] PSYCHOLOGIST
Fl CHAPLAIN
[] INSTITUTIONAL PAROLE OFFICER
BE SPECIFIC IN EXPLAINING REQUEST
DATE:
GEN-5 REVISED: 11-00
t'J3~'<~r°~P: VII.
Date: 0!~01-2001 .
17013
)1 EE
V/hGIcI
PrlV
Total:
current YTD Cun~nt YTD DescrkX~on
Health and Welfare Plan
Confirmation of Enrollment
Statement Date 07-08-2001
Soc. Sec. Num. 182-62-5623
CORY A. CORMANY
1883 DOUGLAS DRIVE
CARLISLE PA 17013
This stalement confirms the bent'its thai imvc hccn assigned to you. The elections listed below will
remain in effect until the end of the plain year unless you have a qualified change in status -
exceptions cannot be made.
The prices listed below are based on your current pay frequency of bi-weckl). If your pay frequency
chauges, so will the prices listed below.
Please review this statement c;,refully. If you nccd It) make a change, immediately call the Kmart
Benefits Service Center at 1-801)-33KMART. You musl call by August 8, 2001 to make any changes.
A Kmart Benefits Service Center Representative will be able to advise you on allowable changes. They
are available between 9:0t} a.m. and 6:00 p.m. (Eastern time), Monday through Friday.
Para hablar con un represcntante del Kmart Benefits Service Center en espafiol, Ilame
1-888-236-4125.
Benefit Choices Coverage Effective 09-01-2001
Benefit Choices
Pay Period
Price
Medical
Option ()-No Coverage
Tobacco User Pledge
You did not pledge that you and your covered dependents will remain tobacco
free from your medical coverage effective date through thc end of the plan year.
$1).00
Dental
Option ()-No Coverage
NOTE: Dental coverage is effective 12-01-2001.
$0.00
Basic Group Life and AD&D Insurance
K_mart Corporation provides you with Basic Group t.ifc and AD&D Insurance
cx)verage of I x Basic Cover:~ge-$[O,O{}O at no cost.
$0.00
36-002417 ~
COMMONWEALTH
V
: 01-0092 CRIMINAL TERM
: CHARGE: APPEAL FROM SUMMARY
: DISORDERLY CONDUCT
: AFFIANT: PTL. JEFFREY KURTZ
CITATION P1899031-1 ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-0Q93 CRIMINAL TERM
CHARGE: APPEAL FROM SLaY
PUBLIC DRUNKENNESS
AFFIANT: PTL. JEFFREY KURTZ
CITATION P1725560-4'~
01-0094 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMARY
PUBLIC DRUNKENNESS
AFFIANT: SGT. MICHAEL GUIDO
CITATION P1725729-5
01-0095 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMA3~Y
ALCOHOLIC BEVERAGE-PUBLIC
CONSUMPTIQN
AFFIANT: PTL. WILLIAM D. MILLER
CITATION P1899036-6 ~
01-0096 CRIMINAL TERM
CHA~GE: APPEAL FROM SUMMARY
(1)PUBLIC DRUNKENNESS
(2)OPEN CONTAINER
AFFIANT: PTL. WILLIAM 'D. MILLER
CITATION P1725700-4 ~
CITATION P1725699-3
CORY ALISTER CORMANY
IN RE:
01-0097 CRIMINAL TERM
CHARGE: ' APPEAL FROM SUMMARY
(1)PUBLIC DRUNKENNESS
(2)OPEN CONTAINER
AFFIANT: PTL. WILLIAM D. MILLER
CITATION P1725668-0 ~
CITATION P1725669-1 ~
DEFENDANT FOUND GUILTY & BENCH WARRANT
ORDER OF COUR~
AlqD 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 withdrawn, and
the defendant is found guilty on ali charges, the sentence of
%he Distr~ct ~us~ce is rei~s~ated~ sentence of ~he court being
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 sentence~.
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 i, a count of Public Drunkenness, is that the defendant
pay the costs cf prosecution and undergo imprisonment in the
Cumberland County PrisQn for a period of not less than thirts'
days, to run consecutive to the other sentences herein imposeg.
COMMONWEALTH V. CORY ALiSTER CORMANY
Sentence of the court at Count 2, a count of Open Ccntainer, is
that the defendant pay the costs of prosecution and a fine of
$25.00.
A bench warrant is issued for the defendant'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,
Ke~k. Hess, J.
ktina Andreoli
Certified Legal Intern
Office of the District Attorney
Darrell Dethlefs, Esquire
Court-appointed for the Defendant
Probation
Victim Services
DJ Correal
Sheriff
CCP
SERVICE
I, Cory A. Cormany, 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 CumberlandCountyPrison a copy
of same addressed to the District Attorney's Office of Cumberland County,
Pennsylvania.
SERVICE
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
RE: District Attorney
Cumberland County
Court House Square
Carlisle, Pa. 17013
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 amisdemeanor 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
(relating to classes of offenses) than the classification of the
other offense. (c) Definition - as used in this section "malicious
intention" means the intention to commit any act, the commission
of which is a necessary element of any offense referred to in
subsection (a) motivated by hatred toward the race, color, religion
or national origin 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 exposing 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)
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.
8)
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.
9)
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.
lo)
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.
ii)
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.
12)
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
rights; or (2) denies or impedes another in the exercise or
enjoyment of any right, privilege, power or immunity.
i3)
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
2706 - 1972
2710 - 1982
Dec. 6, P.L. 1482
Dec. 6, P.L. 1482
June 18, P.L. 537
No. 334
No. 334
No. 154
1, effective June 6, 1973.
1, effective June 6, 1973.
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
5301 - 1972
5302 - 1972
Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973.
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 above are true and correct to the best of my knowledge or information
and belief, and that any false statements herein are made subject to the
penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating
to unsworn falsification to authorities.
Dated
(~3br~ A. Corman~'-"--
SWORN STATEMENT
o
o
o
On or about May __, at approximately mid-afternoon, the
Plaintiff, Cory A. Cormany, was in his assigned cell napping
in Cumberland County Prison.
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.
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.
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.
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.
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.
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.
10.
11.
12.
13.
14.
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.
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.
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.
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.
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.
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.
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.
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 A0 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.
21.
22.
23.
24.
25.
26.
27.
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.
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.
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.
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.
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. 07-2-91 relevant an Order.
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.
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.
28.
29.
30.
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.
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.
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.
Witnessed
Cory A. Cormany
Dated
7" ~ ' N~ll~j~al Seal
Helen D. ~;~l~:t. Nota~ Public
. '~Mil~ x T'v4:).,'Cumbedand County
~Sion Expires June 24, 2002
~'1~ F'~,t'~jlvania Association of Notar:c,s
I, Cory A. Commny, do hereby solemnly swear that I fried 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
Cory A. ~2oi-maffy -
District Attorney
Cumberland County
Court House Square
Carlisle, PA 17013
Defendant:
Mathew Kennedy
Marie Hall
Jane Scott
Karen Edwards
Michael Carey
I, Cory A. Comiany, 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 conunit 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)
2705. Recklessly Endangering Another Person - a person commits a
misdemeanor of the second degree if he recklessly engages in conduct
which places or may place another person in danger of death or serious
bodily injury.
3)
2902. Unlawful Restraint - a person commits a misdemeanor of the first
degree if he knowingly: (1) restrains another unlawfully in circmstances
exposing him to risk of serious bodily injury; or (2) holds another in a
condition of involuntary servitude.
4)
2906. Criminal Coercion - a person is guilty of criminal coercion if, with
intent unlawfully to restrict fxeedom 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.
5)
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.
6)
5107. Aiding Consummation of Cr'mae - a person commits an offense if he
intentionally aids another to accomplish an unlawful object of a crime, as
by safeguarding the proceeds thereof or converting the proceeds into
negotiable funds.
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 fights, 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 Infoimation - 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 infomlafion 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 infomiation 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.
2906 - 1972, Dec. 6, P.L.
4114 - 1972, Dec. 6, P.L.
5107 - 1972, Dec. 6, P.L.
5301 - 1972, Dec. 6, P.L.
5302 - 1972, Dec. 6, P.L.
1482, No. 334
1482, No. 334
1482, No. 334
1482, No. 334
1482, No. 334
1482, No. 334
1, effective June 6, 1973.
1, effective June 6, 1973.
1, effective June 6, 1973.
1, effective June 6, 1973.
1, effective June 6, 1973.
1, effective June 6, 1973.
I, Cory Cormany, hereby verify that the facts set forth in the above are tree
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 unswom falsification to authorities.
Dated
b'Cory A. Comia~
INCIDENT REPORT
Criminal Conspiracy: In that Mathew Kennedy, Marie Hall, Jane Scott, Karen
Edwards and Michael Carey did solicit infommtion 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 pemdt
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 temi 1: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 tree 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 unswom
falsification to authorities.
Dated
- o Sign&rare <0'
Dated
Signature
AFFIDAVIT
On May 17, 2001, I, Cory A. Commny, 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 information, costly a magisterial justice
number 09-2-01, slanderous an incident. I did receive such memorandum in the
marl noncertified an appearance.
On August 6, 2001, I, Cory A. Cormany, was committed to the
Cumberland County Prison by Ms. Marie Hall, an Admissions Officer. I did
infom~ 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. Cot-many, did submit a commissary order
through the accounts division of the Cumberland 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 circumvent 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 Cumberland County Prison.
On September 12, 2001, I, Cory A. Cormany, was coaxed and then attacked
and mistreated by the Mr. Mathew Kennedy in an attempt to remove my presence
from the Cumberland 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 Cumberland County Prison is alleged to be located pursuant
and in Middlesex Township.
On October 19, 2001, I, Cory A. Comiany, 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 infommtion regarding the said summary commih-nent. The
Defendant Karen Edwards did reply that she would not disclose such information
and did defer my request in writing. Ms. Karen Edwards is alleged to be the
Earned Time Case Manager at Cumberland County Prison.
On October 19, 2001, I, Cory A. Conrtany, did petition request for an
inmate "Handbook" in order to review necessary roles 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, CoryA. Connany, onthis ~2~. dayof /(~b~..~l,-,~- ,oftheyear
2001, do hereby swear as a citizen and a voter of the Commonwealth of the
United States that the above facts are tree and correct to the best of my knowledge
and belief.
Cory A. Connany
Dated Wimess
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE: Cormany v. Reitz, et al. : 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
D rk
DATE: September 25, 2001
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
V.
EARL F. REITZ, JR., et al.,
Defendants
CIVIL ACTION NO. 1:CV-01-1803
(Judge Rambo)
(Magistrate Judge Blewitt)
NOTICE
NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing
Report and Recommendation dated October~L, 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. § 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
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. BLEWI1T
United States Magistrate Judge
Dated: October ~L, 2001
CORY A. CORMANY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
EARL F. REITZ, JR., ET AL.
: 01-6467 CIVIL TERM
AND NOW, this
day of November, 2001, the petition of Cory A.
Cormany to proceed without being required to pay fees, IS DENIED.
Cory A. Cormany, Pro se
1883 Douglas Dr.
Carlisle, PA 17013
and
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
:saa
ViNVA'IXgNNB:I
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
VS.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Defendant
: CIVIL ACTION
NO. 01-6467
:
:
:
:
:
.,
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.
Attorney I.D. No. 34922
Administrative Office of PA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney for Defendant
District Justice Paula P. Correal
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
VSo
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Defendant
CIVIL ACTION
NO. 01-6467
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.
Attorney I.D. No. 34922
Administrative Office of PA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney for Defendant
District Justice Paula P. Correal
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
VSo
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Defendant
CIVIL ACTION
NO. 01-6467
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 I.D. No. 34922
Administrative Office of PA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney For Defendant
District Justice Paula P. Correal
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
VS.
EARL REITZ, JR., et al.
Defendants
CIVIL ACTION
NO. 01-6467
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
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
VSo
EARL REITZ, JR., et al.
Defendants
CIVIL ACTION
NO. 01-6467
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
Plaintiffs Complaint pursuant to Pennsylvania Rule of Civil Procedure Nos.
1028(a)(1) 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 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". [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 commit 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 Plaintif£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
"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.
3
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)(4).
Respectfully submitted,
MARY E.~I)TLER, ESQUIRE
Attorney ILD. No. 34922
Administrative Office of PA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney for Defendant
District Justice Paula P. Correal
4
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
VS.
EARL REITZ, JR., et al.
Defendants
CIVIL ACTION
NO. 01-6467
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. Plaintiff's 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.
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
Ao
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
against [him] .... "(Complaint ¶¶ 16-18) The doctrines of judicial and official
immunity bar damage claims based on such allegations.
1. The Doctrine of Judicial Immuni .ty
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
vexatious 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 flee to
administer the law without fear of consequences.
Matter of XYP, 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
excess of the 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); Praisner v. Stocker, 313 Pa. Super, 332, 344-45,
459 A.2d 1255, 1261 (1983). The doctrine is applicable to courts of limited
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), affdwithout 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. Whit~ 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.
Plaintiff's 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
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). Plaintif£s suit is designed to just those ends and its damage
claims are an impermissible use of legal 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
(relating to judiciary and judicial procedure) unless
otherwise specifically authorized by statute.
1 Pa.C.S. §2310. See also, 42 Pa.C.S. §8521. Courts and judicial officers are part of
the Commonwealth government. 42 Pa.C.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.
BOTH THE BARS OF JUDICIAL AND OFFICIAL
IMMUNITY MAY BE RAISED ON PRELIMINARY
OBJECTION.
While immunity is generally an affirmative defense raised in new matter3,
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:
I ,, Co "~ "
mmonweaun government. The government of the Commonwealth, including the courts and other officers or
agencies of the uinfied judicial system .... "
2 Pa. C.S. §2310 provides tha .... ·
t the Commonwealth and its officials and employees acting within the scope ofthek
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.C.S. § 102,
while "court" includes any one or more of the judges of the court .... "
3 See, e.g., City of Philadelphia v. Shapp, 44 Commonwealth Ct. 303,310 n.4,403 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 prelimina~
objections on judicial immunity grounds).
6
[T[he affirmative defense of governmental immunity
may be raised by preliminary objections in the nature
ora demurrer where that defense is apparent on the
face of the pleading; that is, that a cause of action is
made against a governmental 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
governmental 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 HIS 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. §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, if it 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
383 (1994). In such a case the plaintiffmust 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. Id.
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, Plaintiffs Complaint should be dismissed
with prejudice.
Respectfully submitted,
MARy/~. BUTLER, ESQUIRE
PA AttOrney I.D. No. 34922
Administrative Office of PA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney For Defendant
District Justice Paula P. Correal
8
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CORY A. CORMANY
Plaintiff
VS.
EARL REITZ, JR., et al.
Defendants
CIVIL ACTION
NO. 01-6467
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 Plaintiffs Complaint onBehalf 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
RY g, JI~UTLER, ESQUIRE
PA Attorney I.D. No. 34922
Administrative Office of PA Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
(215) 560-6300
Attorney For Defendant
District Justice Paula P. Correal
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,
Plaimiff,
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.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION -Law
NO. 01-6467 CIVIL TERM
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
David J~--MacM~n
I.D. No. 593~
123 S. Broad'Street
Philadelphia, PA 19109
(215) 772-1500
CERTIFICATE OF SERVICE
I, Paula J. Zimmerman, hereby certify that on January 31, 2002, I caused a true and
correct copy of the 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
Paula J Zimm~'~an "c":'~' -
-2-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff,
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. :
CIVIL ACTION -Law
NO. 01-6467 CIVIL TERM
ORDER
AND NOW, this day of ,2002, upon consideration of
Defendant Matthew Kennedy's Preliminary Objections to Plaintiff's Complaint, and any
responses, it is hereby ORDERED that the Preliminary Objections are SUSTAINED and
PlaintiWs Complaint as to Defendant Matthew Kennedy is DISMISSED WITH PREJUDICE.
BY THE COURT:
692382vl
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,
Plaintiff,
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.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION -Law
NO. 01-6467 CIVIL TERM
DEFENDANT MATTHEW KENNEDY'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
Defendant Matthew Kennedy ("Defendant") submits his Preliminary Objections
to Plaintiff's 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 l~ro 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.
692382vl
2. Although Plaintiff's Complaint is extremely vague, Plaintiffseems to be
alleging that Defendants conspired against him resulting in criminal charges and convictions
from 1996 to 2001.
3. Plaintiffpresents 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.
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 Plaintiffs Complaint fails to set forth any facts in support of a legal
finding of malicious prosecution.
6. For example, Plaintiff falls 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.
-2-
692382vl
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 Plaintiff's 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
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 RUI,E8 OF TI-IIfl 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, Plaintiff's 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-
692382vl
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 Plaintiff's Complaint is not dismissed with
prejudice, Defendant respectfully requests that this Court compel Plaintiffto 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 /-~' /~ a
Daw'~d'~. M~tc~ain
Montgome~, McCracken,
Walker ~: P, hoads LLP
123 S. Broad Street
Philadelphia, PA 19109
(215) 772-1500
Attomey for Defendant
Matthew Kennedy
-4-
692382vl
Exhibit A
PLAINTIFF
CORY A. CORMANY
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
DEFENDANT
EARL REITZ JR., STEVE
CALAMAN, FRANK
TEANEY, CARL HEYWARD
OF THE CUMBERLAND
COUNTY PRISON, MATHEW
KENNEDY OF THE
CARLISLE POLICE
DEPARTMENT,
DIEHL OF
CUMBERLAND
WILLIAM
THE
COUNTY
D.A. AND PAULA CORREAL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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 in
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, Pennsylvanio.
3. Defendant Honorable District Justice Paula Correal is an adult
individual residing in the Cumberland County Community, Pennsylvania.
4.
Plaintiff Cory Cormany is an adult individual preceding employment
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 affirmation influential the Cumberland County Prison, Pennsylvania;
7. In and about the month of February, of the year 1997, Defendants
Steve Calaman and William Diem proceeded a summary incident in the
Commonwealth Court of Cumberland County, Pennsylvania.
8. Prior therein the foregoing statement, Defendants Steve Calaman and
William Diem 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 aff'mnative 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
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 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 Coty 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.
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 characteh 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
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.
COUNT ONE
CORY A. CORMANY V. EARL REITZ JR.
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
28.
happened
exhibits: A-X
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.
The malicious and solicit issues and crimes are serious as having
in the Cumberland County, Pennsylvania, respectfully submitted
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, confinement 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 mount in excess of One Hundred Twenty Five Thousand and 00 Dollars
(125,000.00) plus cost of suit.
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, confinement 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.
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, confinement 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, 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.
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, con£mement 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.
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 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 Cormany did suffer pain for injuries felt and
sustained, mental anguish, public humiliation, emotional distress, loss of
employment and property, confinement and incarceration.
51. 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.
CORY A. CORMANY V. WILLIAM DIEHL
CIVIL ACTION - LAW
MALICIOUS PROSECUTION
53.
happened
exhibits: A-X
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.
The malicious and solicit issues and crimes are serious as having
in the Cumberland County, Pennsylvania, respectfully submitted
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
employmem and property, confmemem and incarceration.
56. By reason of the aforesa/d 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.
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.
The malicious and solicit issues and crimes are serious as having
County, Pennsylvania, respectfully submitted
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, confinement 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.
58.
happened in the Cumberland
exhibits: A-X
59.
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 tree and correct to the best of my infoimation, 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 unswom verification to authorities.
Dated
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 Plaintiff's
Complaint, by regular U.S. mail, postage prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, PA 17013
Pro se Plaintiff
Pau a J Z~mmerman
692382vl
APR :~ $ 2002
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and sub,rifted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Pl~e list thewitb_inmatterforthenextArgt~entCourt.
CAPTION OF CASE
(entire captionmustbestatedinD,11)
CORY A. CORMANY
EARL REITZ JR., STEVE CALAMAN,
FRANK TEANEY, CARL HEYWARD
OF THE CUb~ERLAND COUNTY
PRISON, MATHEW KENNEDY OF
THE CARLISLE POLICE DEPARTMENT,
WILLIAM DIt~IL OF THE
CUMBERLAND COUNTY D.A. AND
PAULA CORREAL,
( P] alntiff)
( Defem~nt )
No. 01-6467 _
State matter to be argued (i.e., p)~intiff's motion for new trial, defendant's
d~mnrrer to conplm(nt, etc.):
Defer~lant's preliminary objections to conplaint
2. Identify counsel who will argue case:
(a) for p]m~ntiff:
e
(b) for defe~4mnt: David J. MacF~/~ Esquire
;U~ress: ~bntg~nery, McCracken, Walker & Rhoads, LLP
123 South Broad Street
Avenue of the Arts
Philadelphia, PA 19109
I wi 11 notify al I parties in writmng Within two days that this case bas
been li~ted for ~t.
4. Arc3~nent Court Date:
Dated: April 23, 2002
CERTIFICATE OF SERVICE
I, Megan K. Kampf, hereby certify that on April 23, 2002, I caused to be served a tree
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, PA 17012
Pro Se Plaintiff
CORY A. CORMANY,
PLAINTIFF
Vo
IN THE COURT OI
CUMBERLAND C(
EARL F. REITZ, JR.,
STEVEN CALAMAN, FRANK
TEANEY, CARL HEYVVARD 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 TEl:
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
TO PLAINTIFF'S COMPLAINT
ORDER OF COURT
AND NOW, this ~.~' day of June, 2002,
of defendant, Mathew Kennedy, to plaintiffs complaint, ARE
given forty-five (45) days to file an amended complaint stating
malicious prosecution against defendant, Mathew Kennedy.
Edgar B. Bayl,
: COMMON PLEAS OF
)UNTY, PENNSYLVANIA
[M
MATHEW KENNEDY
~e preliminary objections
~RANTED. Plaintiff is
a cause of action for
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
:saa
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff
Vo
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
CIVIL ACTION - LAW
NO. 01-6467 CIVIL TERM
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.
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.
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
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
Esquire
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
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
1. Matter to be argued:
NO. 01--6467 CIVIL TERM
Defendant William Diehl's Preliminary
Objections
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
o
Attorney for Defendant William Diehl
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
Attorney for Defendant
William Diehl
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND cOUNTy, PENNSYLVANIA
CORY A. CORMANY,
Plaintiff,
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.
CIVIL ACTION-Law
NO. 01-6467 CIVIL TERM
DEFENDANT MATTHEW KENNEDY'S
PRAECIPE TO DISMISS PLAINTIFF'S COMPLAINT
Defendant Matthew Kennedy hereby requests that Plaintiff's Complaint be
marked dismissed with prejudice pursuant to thc Honorable Edgar B. Baylcy'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
Complaint. Plaintiff has not filed an Amended Complaint; thus his Complaint should be
dismissed with prejudice.
Dated:
Montgomery, McCracken,
Walker & Rhoads LLP
123 S. Broad Street
Philadelphia, PA 19109
(215) 772-1500
Attorney fi>r Defendant
Matthew Kennedy
-2-
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 Plaintiff's Complaint, by
regular U.S. mail, postage prepaid, addressed as follows to:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, PA 17013
David Fried
First Assistant District Attorney
Cumberland County District Attc,rney's Office
1 Courthouse Square
Carlisle, PA 17013
'chael J. Buel~/
CORY A. CORMANY,
PLAINTIFF
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 OBJECTION OF DEFENDANT WILLIAM DIEHL OF THE
AND NOW, this
the form of a demurrer by defendant William Diehl of the Cumberland County D.A. to
plaintiff's complaint, I$ GRANTED. Plaintiffs complaint against defendant, William
Diehl of the Cumberland County D.A., IS DISMISSED,.~........-----~/
Edgar B. Ba¥1ey, J.
CUMBERLAND COUNTY D.A.
TO PLAINTIFF'S COMPLAINT
BEFORE BAYLEY, J. AND HESS, J.
ORDER OF COURT
~ L! t/'"'- day of May, :;)003, the preliminary objection in
Cory A. Cormany, Pro se
1883 Douglas Dr.
Carlisle, PA 17013
David Freed, Esquire
For VVilliam Diehl
:sal