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HomeMy WebLinkAbout04-0927 IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. 0'1-9J. 7 v. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED MOTION MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO PENNSYL VANIA RULES OF CIVIL PROCEDURE 1034 AND 1035, AND PURSUANT LOCAL FEDERAL RULES OF COURT TITLE 28 U.S.c. 2254 AND 2255, AND FEDERAL RULES OF COURT 201.1 THROUGH 21, AND RULES 39.1 THROUGH 51, AND 301 THROUGH 312 TITLE 16 P.S. 9960.6. Respectfully Submitted, C'\}-O G-~ J-- Cory Alister Cormany ("l ~; 2~'~? ""':.,-'- ~',~ ~_. r.~; t ;-oc "'y '.- s.~ ~~: -",r' =< r-.> = =, r.- o ..on -l :'C-r. rn- 'm ::g~J C~L) -"'": 'J), \%~; 3. "':~" :.0 1 ..,- -0 ....,.~. r,y r- , :.:( - IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED PETITION AND NOW comes, Cory A. Cormany, Plaintiff; and sets forth causes of action against the above named Defendant, whereas the following is a statement: 1. Plaintiff is Cory Cormany, an adult individual residing in the Cumberland County Community, Cumberland County, Pennsylvania. 2. Defendant is Lyle Herr, an adult individual residing III the Cumberland County Community, Cumberland County, Pennsylvania. 3. The subject matter is a United States District Court Summons petitioning the clerk of courts to quash an expungement Case No. l:CV-04-454. 4. Mr. Lyle Herr is said to be responsible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. (1) 5. Mr. Cory Cormany is the said to be convincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 6. Mr. Jeffrey Rudolf is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 7. Ms. Tina Cormany is said to be victimized for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 8. On December 1st, of the year 1988, the plaintiff is said to have married the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 9. On December 1st, of the year 1989, the plaintiff is said to have divorced the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 10. On December 10th, of the year 1990, the defendant is said to have submitted petition pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 11. On February 26th, of the year 2002, the plaintiff is said to have submitted report pursuant the U.S. District Court Middle District, Pennsylvania. (2) 12. The Defendant Lyle Herr is said to have investigated the Plaintiff Cory Cormany, and is said to have arrested the incident in question, respectfully submitted exhibits A through E. WHEREFORE, the Plaintiff; Cory A. Cormany, claims from the Defendant; Lyle M. Herr, full liability, considerate the commonwealth, at which time the record shall reflect conviction. (3) IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. o'T...r q:2..7 .- C. i 1/; / Ie.y,.. V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written 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 Administration Cumberland County Court House 1 South Hanover Street Carlisle, PA 17013 VERTFICATION I, Cory A. Connany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Petition against Mr. Lyle Herr are true and correct to the best of my infonnation, knowledge and belief. I Wlderstand that false statements herein are made subject to the penalties of Pa. C.S.A. Section . 4904, relating to Wlsworn verification to authorities. Dated ;lJ'1 (<~~ W;tn", -t:k-/f417 By_~ Cl ~ '- ~ 0- Cory A. Connany By ~4/cfo/'l{}J!~1PU Notary t1 I 1IOl'-'1UL I 1IlIlUIY~. Cl.ltWIWJ, IIOl'MYI'WUC -......... '" t I ......l:rlooIIIy ~t', . ......._.._ (4) EXHIBIT A (5) 7:'n:~ . PROBATION OFFICE CUMBERLAND COUNTY. PENNSYLVANIA Probation IIld Parole Officers IJ S. GARETH GRAHAM DAVID L. MYERS HAROLD E. SHEELY - President Judge GEORGE E. HOFFEA . Judge EDGAR e. BAYLEY. Judge KEVIN A. HESS - Judge Probotion aod Parol. Officers EUZABETH D. BAKER THOMAS A. BOYER DENNIS M. DRACHBAR MICHAEL J. DUNSMORE DOUGLAS M. DURNIN A. KERRY GORMAN DEBORAH D. GRAEFF LYLE M. HERR CHARLES R. McKENRICK PAUL S. MEURON GREGORY S. MILLER SAMUEL E. MILLER. JR. HENRY J. THIELEMANN MICHAEL D. VARNER KENNETH W. BOLZE Cbiof ProbaUon aod Parolo Off'""" JOSEPH L. OSENKARSKJ Soporvisor - Ju...oo Services JOHN H. ROLLER Supervisor - Adult Services BARRY E. HAIR Off"ace MarJCoUeotions Supvr. COURT HOUSE P.O. BOX 592 CARLISLE, PENNSYLVANIA 17013 WARRAH"l' TO c.moa'l' AND RE'l'AIN 'l'o the Sheriff, superintendent of the Prison or House Of Correction, or any officer of the Court of the COIIIIIIOnwealth, Municipal Court, Police DepartJllent, Constable, etc. - GREB'l'INGS: By virtue of the authority given to me under the Act of August 6, 1963, P.L. 521, Sec. 1, 61 P.S. 309.1, you are hereby authorized and directed to commit and retain for violation of probation or parole CORY A. CORMANY HAMB 358 NO. CRIMINAL 86 YEAR until his case shall be heard or there shall be an Order by the appropriate authority to release him. 10-1-89 DATE deIV vr PROBA'l'ION OFFICER List all alleged new charges or technical violations: 1) Use of alcohol. Based on observation and admission 2) Arrest for Criminal Mischief and possibly Criminal Trespass 3) Failure to comply with conditions of "Home Contract" Telep~ Toll Free ,\dub Probation CosulFines Shippcnsburg (117) 240.62H (717) 240-627.5 (117} 532-7286 Telephone Juvenile Probation OUl ProJt&ms Toll Free Wo;!SI Shore (717)240-6265 (111) 2~280 (717) 697-03i I ... COMMONWEALTH OF PENNSYLVANIA VS IN THE CRIMINAL COURTS OF THE COUNTY OF Cumberland tN.me of Defend.nt) Criminal Action No. 2068 of Criminal 19~ CORY A. CORMANY ORDER AND NOW this 13th day of November 19 91 Upon consideration of the foregoing motion: 1. 0 The motion is returned to defendant for amendment as follows, such amendment to be made on or before ,.19_ 2. 0 A rule is granted upon the Commonwealth of Pennsylvania to show cause why a hearing should not be granted. The rule is returnable on or before 19 3. KJ The request to proceed as a poor person, without the payment of coste, is fi) granted D denied. I 4. ~ Upon finding tha., defendant is unable to obtain a lawyer Christophp.r Houston, ed to represent him. Esq.. is appoint- I s. KJ The Clerk of this Court is ordered and directed to do the following forthwith: (a) To serve a copy of this motion and this order upon the District Attorney of Cumherland County. (b) To send a copy of this motion and this order to Christopher Houst~q.. the lawyer for thc defendant. (c) To send a copy of this order to the defendant. 6. fXl A hearing on the above matter is set for Monday, January 13, 1992, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, FA. ORIGINAL ~ 'f../ W~ .4~A.~ Xovin A. Mooil J. 7 : 1_.__....-- No. 114 "01. 119 COMMONWEAL11f OF PIlHNSYL V ANIA MAIlIAOI L1CENH APPUCATION 'r'cov""V'-i_~i". ...c..... Cumberland a. _..,..ell o~ MAIII",,,O. 1~'TY. M)"o, n:ww......JloJ Carl::.sle,Penna. I. DA,.. 0' ..."'..1..... ,.-o..hi. ...., "'....., Dec. 1, 1988 ...,..LIC",...aTU,......O 12-li-8B C. O""ci,,"T. A........ 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CD....MT, w...un,.. 1......Tu..ao'" ""'.'"T OIllOUAlllD..." _IVI"O cO".....,..1t" ....UI..CO - .., TH. U""Il........D. IN ACI;O.O....C. w.TM TM' .TAT.....NT. wiitiii.A'Tllfl CONT..IN.D. ""1l "'j;iC"."'S"T 'OlltT" WNIl.CII;"'",'"I ..... S"'''H .,. .... DO .01o....N6.V ........1It ...... .,..US "1Iii:t .e1l..tECT TO' "'H. .1l1lY CP' OUII MNow...a.. AM. ..1.1." DO MAKS A"'''''ICATIOr- 1'0 ,..... t;Lll'U' 0" 0.'""'" CO""" TO foliA".". IE .,~. O:'.~""UCA.' I "'l'.t:'U"."~L'A"':;":;;;- , !L-t:-,II . ,lM- /..bl N.M. 'i lVNi/f _. C-----o:: -c:7 I 6WD"" o.u..c.,.1l0,.o....O.."M....H.. ~7+f'li O"''"O''_~ _.... .,11--8.8- Po:J ~ ....... '7;e ~if-L.!l ':::.;...f1,::.,.r },.~~./ \ 11~'lI,~1. jqi":i ..,.. LM:....1l .... lU1J.~ J: EXHIBIT 3 (6) SNELBAKER Ii) ELICKER A PROFli!SSIONAl COllPOll..JmON ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 P. O. BOX 318 FACSIMll..E (717) 897.7681 JUCHARD C. SNEL8AKER E. R.08EkT ELICKER. II CHAlU.ES D. V~CE. JR. x'EITH O. BRENNEMAN 717- 697- 8528 February 28, 1990 Mr. cory A. Cormany Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Dear cory: Enclosed are copies of letters exchanged between me and Mr. Herr which I think you will find self-explaining concerning costs and restitution. I also enclose a copy of your wife's handwritten list of items destroyed which I obtained at the time of your preliminary hearing. It appears that Mr. Herr is referring to the same list. I am sending a copy of this letter and its enclosures to your parents in order that they may be aware of your financial obligation. By sending this copy to your folks, I am not making any recommendation as to how the obligation is satisfied. Since it appears that my work is now completed on your behalf, I will be closing my file with final billing to your parents in due course. Should you need anything further at any time, please let me know. In the meantime, I extend to you my sincere best wishes in your efforts to resolve any underlying problems which have caused the difficulties with .the law.. It is obvious to me that you have the ability to cope with and conquer any such matters and come out of this entire situation with a new direction and resolve. with best regards, I am, C. Snelbaker RCS:pjt Enclosures cc: Dr. and Mrs. Robert Cormany I -tc:.yY1 S d.e~fyo~ol: P(b~(~ of _ _ II~ C f!! f!1~(1 Y. ~ \X"D~ri.J 01- \",rJ l~d. "1: b>tA:lnt C1 ~( ~ ~OO c..c.~CP..~~(,. do ~~ ~c>-c..'C...:: ~ 3s.CO ~po.(!:l.bo(1 a.rrc( ~ lOO.00 \(o...IM.4.o.. '{)I.c..\~(c.. 1o-1.~I..",=~2.0().OO \><e.ser*frD(I'ltnott~('~~ . be tIl(t ~(? 1> Bo.oo d- c..(~'!.\~\ ~\c...c;.c;...,,;> = Tbol.tjITu)u.(l \V\h~ j).)1p'-(em~ .jjll"D' \ -.. 1/ "l..... (J c.~~..~~\. ~,.."-~"-(" - ~ .3'5.00 ()...v...,', \ "'-"- <:\. \. So" = 5' f--r fro t'l'1 V"nJ ()Y"~m(,) t Iu ( to ~ ~.zboj) \(ov-. ~\o..~\- c;.\o...~~ =j1tr fr~l'Y1 ntj(Ylotk( Th (\U,. $ Zl:U.Du W \"-~<t..(, ~""o\t-.e.<:&..c;.~ ~ bcu~t ~fnr(' 1'tl.J.y(lL'f- ~rJr'J'OJ"'JfM'{f/ts .$~.~ \....) ..:>od......", '^ e..co..r\- ....\-."- \f.;;;- = J.. h...?lht eLf-fer- ~~ahQn _ ~~.C0 ()..."~\.v c.(" s.C>... 'A. c..\", c..~ =-j' rt ~ "f;()t, ho(YI best ~,(.neL ~~.Ou c..C>..",~ c:..~c...,r- 50.:.....\- ~'Tbou~ c.-.p.--k(~j)l{QiLD() ~ ~.C6 '" \00 r- \CI..""'- ~ -= T Ccu G.kt CLt4e( se..po..(o:tlon . r' :u,lt I l:lerw-t~(~1- J\ $.co 'M a...r '0\ "- c.. o",,-...h..'('" So..... ~ .::: -r.~~l 1.Jk..til hJ.flJ u.) pifer'll.;:). ~~_OOi) 1-\ Vc."\...I;..<.L..\. 'o\,nd... ~\~s..:' b::udnt cJ-lC(~fX'-Ca..llU(1 $ ;,5.DO (e.."",O\~ <:"'0"\-"0\ -\0 \.\). ~ Tbou<)ht . . W \'l\e\.'::'u:l s,c.t e..c.." ~\\::>",-'I: \,OfL"- \ \~\\.\- ~ Sw. DO - ,.. P(ctx(~ of I UV'\& I (JV- & SNELBAKER ~ ELICKER A MOPUSIONAL COJUOIUd"ION ATTORNEYS AT LJ"W "'" weST MAIN STJU;ET MECHANICSBURC. PENNSYLVANIA 17055 P. O. BOX 318 FACSJMILE (711) 697.7881 IUCHAR.D C. SNIUtAKER. I. ROaEJI,.T EUCUJIt.. I( CHAIlLe5 D. VANCE. JJt.. KarrH o. B~eNNeMAN 7J7-eW-Sa28 February 14, 1990 Mr. Lyle M. Herr, probation/Parole Officer Cumberland County probation Office P. O. Box 592 Carlisle, PA 17013 Re: Commonw~alth v. Cory A. Cormany 2068 Criminal 1989 Dear Mr. Herr: First, please accept my personal thanks for your special interest in cory's case. I appreciate the time which you have given to this matter and the professional judgment which you have exercised obviously to Cory's ultimate benefit. In passing sentence on February 13, the Court ordered payment of costs of prosecution. please advise of the amount. Judge Hess also ordered Cory to pay restitution of $300.00. At the preliminary hearing, Tina Cormany acknowledged receiving $500.00 in restitution. cory's parents provided this almost immediately after the incident. Am I correct that the restitution requirement has been satisfied (if not overpaid by $200)? Thank you again for your interest on cory's behalf. Very truly yours, Richard C. Sne1baker RCS:pjt PROBATION OFFICE CUMBERLAND COUNTY. PENNSYLVANIA JOSEPH L OSBNKAaSKI ~.J_ Sonlooo JOHN H. ROLLBll S~' Aduh Service. * Probation and Parole Officers ELIZABETH D. BAKER THOMAS A. BOYER DARBY L. CHRISTLIEB DENNIS M. DRACHBAR MICHAEL J. DUNSMORE A. KERRY GORMAN DEBORAH D. GRAEFF LYLE M. HERR CHARLES R. McKENRICK PAUL S. MEURON GREGORY S. MILLER SAMUEL E. MILLER. JR. HENRY J. THIELEMANN MICHAEL D. VARNER XIlNNETH W. BOLZB ChietP.ctn"~ aad Puo1e O8kler BAlUlY E. HAIR 0lIIce MlrJCollectioDo Supvr. l'Iobalioa IIId PoroIe Oftlcen II S. GARIlTH GRAHAM DAVID L MYERS COURT HOUSE P.O. BOX 592 CARLISLE, PENNSYLVANIA 17013 HAROLD E. SHEELY. PrnidentJudge GEORGE E. HOFFER. J_ EDGAR B. BAYLEY - Judge KEVIN A. HESS. Judge February 23, 1990 Richard C. Snelbaker 44 W. xain Street Mechanicsburg, PA 17055 RE I Cory A. COJ::1l\llny 2068 Cr. 89 Dear Mr. Snelbaker, The costs in Cory's case total $122.80. This amount does not include restitution due the victim, Tina Cormany. Tina submitted itemized damage estimates totalling $800.00 and did acknowledge a payment from the Cormany's of $500.00. That left the $300.00 balance that Judge Hess ordered as restitution. According to our records, Cory owes a total of $422.80 as a result of this offense. Sincerely, C-r /H~. Lyle M. Herr Probation & Parole Officer LMHldja Tan Fret Adult P!Obe~ CoouIF'- ShlD08Mburt (717) 240062$' (717) 140-6275 t117l.532-7286 r._ J_ Probolioa DUI~ Toll Free W.... Short: (717)2....41:16' (717) 240-6280 (71 7) 69M3?' r........ ~ -- l~'t ~- it ~...i::' ~. ~O ., ~. \...0 i.... .....~>".; :', ,"\_ ".0. .'.';-'.',-". .. ..:"..;:Z~'i,,<~~;~~;t~. . '" -~;.'., ~ , t 1, . ~ ~ L'_ND'v" ,,~ .,f: H f ~~,.. i!'/'~I)q' De.oD , ~CCl "4- ~/l' a . ... . '9-1.{. r>~ 7 ~~'~~~,~c'. H ".'. ., \ ., t '..'.r..",'.I" 0.......; ,....... , vo,;,e"~ r} G> I '. ...., ..... .. .-') . .'.... ,- ~;:) f',,) I ..i. ea..1 I) r. 'i ~ 3 . '. .'w-' ;- f'._: -:::. -. ~ !.....) -.~ O{: - . ....., EXHIBIT c (7) CUMBERLAND COUNTY, PENNSYLVANIA PROBATION AND PAROLE OFFICE COURT HOUSE POBOX 592 CARLISLE. Pi!' 17(:<1:; December 10. 1990 Cory A. Cormany 602 West Pennsylvania Avenue Downingtown. PA 19335 Mr. Cormany. Based on on-going problems between you and Tina Cormany. and at her request as the victim in your current parole case. your parole conditions have been revised as follows: 1. You are to refrain from any and all contact with Tina Cormany outside of the set visitation hours on Saturdays and Sundays. This means you may not call her or write her or have anyone else call or write her at her place of employment or at her home. This condition will not prevent you from maintaining visitation rights already established by your respective attorneys. A violation of this condition or any previously imposed parole conditions, will result in your being scheduled immediately for a Court appearance at which time your parole may again be revoked. Please call me with any questions you may have. Sign the bottom portion. which simply acknowledges your receipt of this condition. and return it to me immediately. The copy is for your file. Sincerely, LMH{clb Lyle M. Herr Probation & Parole Officer ------------------------------------------------------------------ I understand this additional condition. Signed: Sign and return to: Lyle M. Herr. c/o Cumberland County Probation. P.o. Box 592. Carlisle. PA 17013 Telephone Adult Proba1icn Costs/Fines Toll Free ShippenSburg (7\7) 240-6255 (717) 240.6275 (717) 532-7286 Tafephone Juvenile Probation OUI Programs West Shore (717} 240.626:- (7171240-6280 (717) 697-0371 Toll Free EXHIBIT :=) (8) r RE: Attorney General U. S. District Court 228 Walnut Street Harrisburg, PA 17101 Defendant: Lyle Herr Samuel Coover Dirk Berry I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that at or about April 16th, of the year 1986, and through and about a judgmental action, the above named defendant did commit the following crimes: 1) 901. Criminal Attempt - a person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime. 2) 2701. Simple Assault - a person is guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; or (3) attempts by physical menace to put another in fear of imminent serious bodily injury. 3) 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. 4) 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 terrorize another or cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience or in reckless disregard of the risk of causing such terror or . . Inconvemence. 5) 2709. Harassment - a person commits a summary offense when, with intent to harass, annoy or alarm another person: (1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same, or (2) he follows a person in or about a public place or places; or (3) he engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. 6) 2902. Unlawful Restraint - a person commits a misdemeanor of the first degree ifhe knowingly: (1) restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or (2) holds another in a condition of involuntary servitude. 7) 2903. False Imprisonment - a person commits a misdemeanor of the first degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. 8) 2906. Criminal Coercion - a person is guilty of Criminal Coercion if with intent to unlawfully 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. 9) 3105. Prompt Complaint - a prompt reporting of public authority is not required in a prosecution under this chapter: Provided, however, that nothing in this section shall be construed to prohibit a defendant from introducing evidence of the alleged victim's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence. 10) 3107. Resistance Not Required - the alleged victim need not resist the actor in prosecution 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. 11) 3126. Indecent Assault - a person who has indecent contact with another not his spouse, or causes such other to have indecent contact with him is guilty of indecent assault a misdemeanor of the second degree if: (1) he does so without the consent of the other person; (2) he knows that the other person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct; (3) he knows that the other person is unaware that an indecent contact is being committed; or (5) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him. 12) 4111. Fraud in Insolvency - a person commits a misdemeanor of the second degree if, knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made he: (1) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; (2) knowingly falsifies any writing or record relating to the property; or (3) knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount or location which the actor could be legally required to furnish in relation to such administration. 13) 4114. Securing Execution of Documents by Deception - a person commits a misdemeanor of the second degree ifby deception he causes another to execute any instrument affecting or purporting to affect or likely to affect the pecuniary interest of any person. 14) 4305. Dealing in Infant Children - a person is guilty of a misdemeanor of the first degree, if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children. 15) 4501. Defmitions "Hann" - 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. 16) 4702. Threats and Other Improper Influences in Official or Political Matters - a person commits an offense ifhe: (1) threatens unlawful hann 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. 17) 5107. Aiding Consummation of a Crime - a person commits an offense if he intentionally aids another to accomplish an unlawful object of a crime, as by safeguarding the proceeds thereof or converting the proceeds into negotiable funds. 18) 5108. Compounding - a person commits a misdemeanor of the second degree if he accepts or agrees to accept any pecuniary benefit in consideration of refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information -!./ relating to an offense. 19) 5301. Official Oppression - a person acting or purporting to act in an 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 of enjoyment of any right, privilege, power or immunity. 20) 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 capacity and which has not been made public he: (1) acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; (3) aids another to do any of the foregoing. 901 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2701 - 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. 2706 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2709 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2902 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 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. 3105 - 1972, Dec. 6, P.L. 1482, No. 334,1, effective June 6,1973. 3107 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 3126 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4111 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6,1973. 4114 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4305 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4501 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4702 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5107 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5108 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5301 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5302 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. I, Cory Cormany, hereby verifY that the facts set forth in the above are true and correct to the best of my knowledge or information and belief and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. Dated fJ! )..[,/ ad.- By GAG r: . 'Cory A. C~ INCIDENT REPORT Criminal Attempt: In that Lyle Herr, Samuel Coover and Dirk Berry did intentionally attempt to commit a crime substantial a Defendant or constitutional the Defendants. Simple Assault: In that the Defendants did knowingly and recklessly cause a person bodily harm by a physical menace which did cause an individual imminent fear, also useful a weapon: Recklessly Endangering Another Person: In that the Defendants did cause another person to be put in danger of death and serious bodily injury directional an engagement. Terroristic Tbreats: In that the Defendants did cause serious inconvenience reckless a violent intent substantial a public place. Harassment: In that the Defendants did repeatedly annoy and alarm an individual subjecting physical contact which did serve no legitimate purpose. Unlawful Restraint: In that the Defendants did support and expose another person to an involuntary servitude conditional a risk of bodily injury. False Imprisonment: In that the Defendants did knowingly interfere with the liberty of an individual substantial a policy. Criminal Coercion: In that the Defendants did unlawfully cause the restriction of a freedom contemptual the commission of a crime and accussive an official action and hatred. Prompt Complaint: In that the Defendants did construe the prosecution of an indecent evidence within a timely requirement. Resistance Not Required: In that the Defendants did introduce evidence consensual a questionable conduct and reliable a victim. Indecent Assault: In that the Defendants did appraise a course of conduct capable an indecent contact, that did cause a nonconsensual supervisory disciplinary authority to impair another person substantial the prevention of a resistance and a custody. Fraud in Insolvency: In that the Defendants did institute the misrepresentation and appointment of a required fund otherwise beneficial a creditor, and did obstruct a relative information entitled an administrative composition factual a rental property, and liable an existing location encumbersome a claim and submissive a legality. Securing Execution of Documents by Deception: In that the Defendants did affect or purport the pecuniary interest of a person likely a deceptive instrument. Dealing in Infant Children: In that the Defendants did barter in a humanity that did affect a buying and selling of a custody arrangement concerning an infant child. Definitions "Harm": In that the Defendants did take advantage of a person whose welfare they were interested. Tbreats and Other Improper Influences in Official or Political Matters: In that the Defendants did influence a person intentional a recommendation and unlawful a discretionary vote. Aiding Consummation of Crime: In that the Defendants did intentionally aid one another to accomplish an unlawful objective negotiable a public fund. Compounding: In that the Defendants did accept pecuniary benefits in consideration of refraining to report or represent the suspected commission of a relative offense. Official Oppression: In that the Defendants did purport an official capacity subjective an illegal conduct that did deny and impede another in the exercise of a right and enjoyment; powerful a detention, search, seizure, mistreatment, dispossession and assessment. Speculating or Wagering on Official Action or Information: In that the Defendants are public servants and did contemplate a governmental action reliant an information, and did acquire pecuniary interests in property and transactions intentional the case term I:CV-95-0844 and the docket files NT-187-00, NT-188-00, NT-l 89-00, NT-190-00, NT-205-00, NT-748-00, NT-770-00 and NT-839-00 proceeding CR- 574-01 and the case numbers 97-0174 and 01-2091. I petition that a warrant of arrest or a summons be issued and that the Defendant be required to answer the charges I have made. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. ,Q (-;n ( o~ Dated CtrQ ~ ~ SIgnature U ~cL k!.:; Dated <=#:i L", jJ "Itl/ vC Si~~ Notarial Seal J Helen D. Sneed, Notary Public Middlesex Twp., Cumberland County My Commission Expires June 24, 2002 Memoer, PennsylVania Association at Notaries AFFIDAVIT On April 16, 1986, I, Cory A. Cormany, did recognize a criminal complaint, problematic an episode and an incident, to Mr. Lyle Herr regarding an alleged altercation said to have occurred in the Borough of Carlisle. Pursuant thereto my acknowledgment, and relevant therein my recognition, the Defendant Lyle Herr did petition the courts of the common pleas, despite my assertive well being, non justifiable the commission of a crime. The Defendant did state that I had violated a local law, contrary to my due process rights, and did circumvent a detention powerful a constitutional dilemma and the outcome of a trial. Proceeding and prescient the aforementioned circumstance; I was probated and accused a resolution consensual a timely engagement, and was subjected a series of tests that could in no way be responsive a positive outcome. The Defendant Lyle Herr did lie on several occasions, and did also appraise me applicative an assessment causing me fear, hann and endangerment relative a weapon, and a confmement. On March 28, 1989, I, Cory A. Cormany, did once again recognize a criminal complaint, debatable a traffic offense, to Mr. Lyle Herr regarding an alleged driving under the influence of alcohol said to have occurred in Upper Allen Township. Again pursuant thereto my acknowledgment, and relevant therein my recognition, the Defendant Lyle Herr did petition the courts of the common pleas, despite my assertive well being, brutal the commission of a crime. The Defendant did state that I had violated a local law, contrary to my due process rights, and did endorse a mistreatment suppressive a constitutional dilemma and the outcome of a trial. Preceding and pursuant the aforementioned situation; I was probated and annoyed an accomplishment, nonconsensual a child custody arrangement, and was subjected a pecuniary action reliant an information, and a series of transactions proprietary a right, and contemptual an official hatred. The Defendant Lyle Herr did alann me and did interfere a risk of bodily injury conditional an involuntary servitude substantial a liberty, and a timely reconciliation. On October 1, 1989, I, Cory A. Cormany, did remand a domestic incident significant my ex-wife, to Ms. Tina Cormany argumentative an alleged trespass said to have occurred in the North Middleton Township. Prior therein my petition, and prescient thereto my advisory, the Defendant Lyle Herr did conversate with Ms. Tina Cormany informing her that she should leave me because I drank and drove an automobile. The Defendant did litigate a stipulated response unlawful a restricted time span, and did seriously inconvenience both my ex-wife and myself sufficient a document, and deceptive an official action. The Defendant Lyle Herr did detain and influence both Ms. Tina Cormany and myself intentional a recommendation and political an opinionated vote, costly a careful situation and circumstance. Mr. Lyle Herr is alleged to be a Probation Officer or Supervisor in the Cumberland County. On February 23, 1991, I, Cory A. Cormany, did presume a visitation agreement, consensual my ex-wife, to Mr. John Adams questionable an alleged altercation said to have occurred in the Borough of Carlisle. Prior therein my consent, and pursuant thereto my employment, the Defendant Lyle Herr did obstruct an evidence deceptive Ms. Tina Cormany and informative a statement submissive an official action, and speculatory a negotiable fund. The Defendant did again litigate a stipulated response unlawful a restricted time span, and did seriously risk bodily injury prescient a privilege and a right credited a property. The Defendant Lyle Herr did acquire a pecuniary interest in both my ex-wife and. myself powerful the reported commission of a crime and considerate the buying and selling of a humanity. Mr. John Adams is alleged to be a Convicted Drug Dealer or User in the Cumberland County. On February 19, 1995, I, Cory A. Cormany, did submit a criminal complaint, compliant a hospitalization and an affair, to Mr. Samuel Coover allegary a said commitment to the Cumberland County Prison. Prescient thereto my intentions, and relevant therein my imprisonment, the Defendant Samuel Coover did supervise an authority reckless a conduct that did cause bodily injury and indecent resistance punctilious a prompt response. The Defendant did provide weapons and instruments that did cause and do inflict serious bodily harm factual a freedom, and unlawful a liberty, proceeding the outcome of a trial constitutional an involuntary servitude. Proceeding and prescient the aforementioned circumstance; I was probated and pursued a resolution nonconsensual an adoption term case number 64; that was subjected a negative outcome responsible an official action. The Defendant Samuel Coover did direct and implement detention and assessment exposing and threatening physical conduct which did serve no legitimate purpose evenditiary a video tape, and influential an illicit threatening propaganda. On June 21, 1997, I, Cory A. Cormany, did once again remand a criminal complaint, sadistic a treatment, to Mr. Samuel Coover important a said commitment to the Cumberland County Prison. Prior thereto my arrest, and pursuant therein my recognition, the Defendant Samuel Coover did once again exercise an authority influential a conduct that did cause bodily harm and indecent resistance truthful a prompt consideration. The Defendant did again unlawfully supervise an outcome that did expose and subject me to serious bodily injury, factual a freedom and suspicious a liberty, proceeding the issues of a trial . constitutional an involuntary servitude. Preceding and pursuant the aforementioned situation; I was brutalized and impeded an accomplishment relative the commission of a crime. The Defendant Samuel Coover did procrastinate and wager a series of incidents which did dispose and infringe a prejudicial action malicious a local law. Mr. Samuel Coover is alleged to be a Training Specialist or Supervisor in the Cumberland County. On July 24, 2001, I, Cory A. Cormany, did order a summary hearing, significant an appeal, to Mr. Darrell Dethlefs capable an alleged action said to have occurred in the Borough of Carlisle. Prior therein my commitment, and pursuant thereto my detention, the Defendant Samuel Coover did collaborate and conspire with a C. O. Frank. Teaney, and did harass me threatening the evacuation and unlawful transportation of my person consistent a physical contact on October 2, 2001, in Cumberland County Prison. I was restrained and subjected servitude and assaulted prescient and pursuant to September 12, 2001, and again seriously annoyed and alarmed. The Defendant did concur an official ramification costly a civil action preparatory the common pleas court; criminal case term number 01- 0494, which did terrorize me affectionate a loss and a disadvantage. Pursuant such contemplation I was searched and denied my property rights relevant an information and several pecuniary transactions, safeguarding a Ms. Marcia Kuhn and the said; Mr. Darrell Dethlefs, whom did officially misrepresent me considerate a Mr. Dirk Berry. Mr. Darrell Dethlefs is alleged to be a Public Defender or Attorney in the Cumberland County. Ms. Marcia Kuhn is alleged to be an Accounts Officer or Accountant in the Cumberland County. On December 7, 2001, I, Cory A. Cormany, did once again order a summary hearing, objectional an appeal, to Mr. Dirk Berry reportorial an alleged incident said to have occurred in Middlesex Township. Pursuant thereto my acknowledgment, and relevant therein my commitment, the Defendant Dirk Berry did inform me that criminal elements concerning the offenses defined did not matter and were irrelevant to the disposition of a hearing petitioned by a Ms. Paula Correal. The Defendant did state that the aforesaid matter would be bound over to a higher court and did litigate a common pleas court case term number 01- 0432. Proceeding and prescient the aforementioned documentation; I was not notified of a future release date from prison, nor petitioned aware of such said factual case term numbers, nor serviced and summoned knowledgeable a scheduled Formal Arraignment or said Charge. I had pursued a "Legal Service", relevant a child custody matter, allegory hereto and prior the aforementioned. The Defendant Dirk Berry did inform me pursuant January 25, 2002, that I was serviced circumstantial a case term number 01-2536 and charged with resisting arrest in light of a previous numeric deception, or mistake, and a said; summary acquittal. During or about the aforesaid ramification the Honorable Judge Guido of the Cumberland County Courts allegedly posted a bail imposition, and did schedule a pre-trial and trial for matters documented in the Common Pleas Court of Pennsylvania. Mr. Dirk Berry is alleged to be a Public Defender or Attorney in the Cumberland County. Ms. Paula Correal is alleged to be a District Justice or Magistrate in the Cumberland County. I, Cory A. Cormany, on this hlu-\..-. day of r=- c.\orv.",c , of the year 2002, do hereby swear as a citizen and a voter of the Co~onwealth of the United States that the above facts are true and correct to the best of my knowledge and belief. c~ (]< C;;~ - "Cory A. Cormany 0 '" ~~6 )0;) Dated =;?Ltu.- g ,4u.e pt Witness ~ Notarial Seal Helen D. Sneed, Notary Public Middlesex Twp., Cumberland County My Commission Expires June 24, 2002 Member, Pennsylvania Association of Notaries EXHIBIT ., -1 _ 1 (9) ORIGINPt, AO 440 (Rev. 10193) Summons in a Civil Case United States District Court MIDDLE DISTRICT OF PENNSYLVANIA SUMMONS IN A CIVIL CASE Cory A. Cormany CASE NUMBER: 1: CV-04-454 v. Jeffrey W. Rudolph To: (For the name and address of defendant(s): (SEE COMPLAINT) YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S A TIORNEY (name and address) Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 (717) 243-5287 an answer to the complaint which is herewith served upon you. wlthinZO (Twenty) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service. MARY E. O'ANDREA. Clerk OATE~d ~ a~ , :,,,A~;- rerk IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - LAW JEFFREY W. RUDOLF JUDGMENT DEMANDED NOTIC;! : C V 04- 454 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 U.S. District Court 228 Walnut Street Harrisburg, PA 17101 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - LAW JEFFREY W. RUDOLF JUDGMENT DEMANDED PETITION AND NOW comes, Cory A. Cormany, Plaintiff; and sets forth causes of action against the above named Defendant, whereas the following is a statement: 1. Plaintiff is Cory Cormany, an adult individual residing in the Cumberland Coooty Commooity, Cumberland Coooty, Peoosylvania. 2. Defendant is Jeffrey Rudolf, an adult individual residing m the Cumberland Coooty Commooity, Cumberland Coooty, Pennsylvania. 3. The plaintiff is previously employed through Hess Corp. of Carlisle, Cumberland Coooty, Pennsylvania. He is a taxpayer and registered voter of North Middleton Township. 4. The defendant IS employed through North Middleton Police Department of Carlisle, Cumberland Coooty, Pennsylvania. He is an officer and captain of North Middleton Township. (1) 5. Plaintiff Cory Cormany is a high school graduate in attending Boiling Springs High School. He is also academically achieved through a Bachelor of Education Program at the Pennsylvania State University as of the year Nineteenhnndred and Ninetythree, and is enrolled-partly in a Master of Economics Program through the Penn State Dickinson Campus of Carlisle as of the year Nineteenhnndred and Ninetynine, Cumberland Connty, Pennsylvania. 6. The subject matter is a criminal conviction sustained in the Court of Common Pleas Cumberland County, it is substantial a second degree felony and defaces prima facia cause. 7. Mr. Jeffrey Rudolf is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Criminal Term Case No. 89-2068. 8. Mr. Cory Cormany is said to be convincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Criminal Term Case No. 89-2068. 9. Mr. Lyle Herr is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Criminal Term Case No. 89-2068. 10. On October 1 st, of the year 1989, the defendant is said to have apprehended tile said; plaintiff, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. (2) 11. On October 29th, of the year 1995, the plaintiff is said to have filed petition pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 12. The Defendant Jeffrey Rudolf is said to have arrested the Plaintiff Cory Cormany, and is said to have investigated the incident in question, respectfully submitted exhibits A through E. WHEREFORE, the Plaintiff; Cory A. Cormany, claims from the Defendant; Jeffrey Rudolf, full responsibility, considerate the commonwealth, at which time the clerk of courts shall quash expungement. (3) VERIFICATION I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Petition against Mr. Jeffrey Rudolf are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn verification to authorities. Dated c11/0L{ By ~OC- r Cory A. Cormany Witness M~A By ~y,j{};;#r Notary , 1IlR'__-. I "-aY"'~IIlR'''''''~ ~~- lJ .....CooanIr ~ ......-..- (4) EXHIBIT A (5) ~ r J. MICHAEL EAKIN DISTRICT ATTORNEY OFFICE OF THE DISTRICT AnORNEY CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-8210 (717) 69700371, Ex16210 (717)532'7286, Ex.. 8210 February 2, 1990 Cory A. Cormany Cumberland County Prison Carlisle, PA 17013 RE: COMMONWEALTH V. CORY A. CORMANY 2068 Criminal 1989 Charge: (C) Criminal Trespass Dear Mr. Cormany: You are hereby notified to appear in Court Room No.1, Fourth Floor~ Cumberland County CO\4J;;.t House, Cqrlis1e, Pennsylvania, on 'l'uesday, February ~3, ll:l90 at l:I:3U o'clock A .M., before the Honorable Judges of said Court, at which time matters pertaining to the above case will be heard. For sentence. ~ J. MiChael Eakin District Attor~ey CC: File Richard Snelbaker, Esquire Cpt. Jeffrey Rudolph Lyle Herr, P.O. RE: District Attorney Cumberland County Court House Square Carlisle, Pa. 17013 Defendant: Stephen L. Margeson, the Administration and Staff of the Carlisle Police Department I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that in and about the actions and incidents stated herein, and through and about a judgment stated hereto, the above named defendant did commit the following crimes. 1) 902. Criminal Solicitation - a person is guilty of solicitation to commit a crime with the intent of promoting or facilitating its commission he commands, encoura.ges or requests another person to engage ~n specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission. 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) 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 dan'(er of death or serious bodily injury. 4) 2709. Harassment - a person commits a summary offense when, with intent to harass, annoy or alarm another .person: (1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same; or (2) he follows a person in or about a public place or places; or (3) he engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. 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 restrains 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 8) 9) 10) 11) 12) 13) or ridicule; or (4) take or withhold action as an official, or cause an official to ~ake or withhold action. 3923. Theft by Extortion - a person is guilty of theft if he intentionally obtains or withholds property of another by threatening to: (1) commit another criminal offense; (2) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt or ridicule; (4) take or withhold action as an official, or cause an official to take or withhold action; (5) bring about or continue a strike or boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; (6) testify or provide information or withhold testimony or information with respect to the legal claim or defense of another; or (7) inflict any other harm which would not benefit the actor. 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. 5101. Obstructing Administration of Law or Other Governmental Function .- a person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform legal duty other than official duty, or any other means of avoiding compliance with law without affirmative interference with governmental function. 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. 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 capacity and which has not been made public he: (1) acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; (2) speculates or wagers on the basis of such information or official action; or (3) aids another to do any of the foregoing. 5726. Action for Removal from Office or Employment - any aggrieved person shall have the right to bring an action in Commonwealth Court against any investigative or law enforcement officer, public official or public employee seeking the officer's, official's or employee's removal from office or employment on the grounds that the officer, official or employee has intentionally violated the provisions of this chapter. If the court shall conclude that such officer, official or employee has in fact intentionally violated the provisions of this chapter, the court shall order the dismissal or removal from office of said officer, official or employee. 902 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2504 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2705 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2709 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2902 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2903 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2906 - 1972, Dec. 6, P.L. 148?, No. 334, 1, effective June 6, 1973. 3923 - 1972, Dec. 6, P.L. 148?, No. 134, 1, effective June 6, 1973. 4114 - 1972, Dec. 6, P.L. 1482, No. 334, 1 effective June 6, 1973. 5101 - 1972, Dec. 6, P.L. 1482, No. 334. 1, effective June 6, 1971. 5301 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5302 - 1972, Dec. 6, P.L. 1482, No. 334, I. effective June 6, 1973. 5726 - 1978, Oct. 4, P.L. 831, No. 164, 2, effective in 60 days. 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 ~r d'JIO~ By Co- CP. C~ Cory A. Cormany SWORN STATEMENT 1. On or about June 25, 1985, during the late morning hours, the Plaintiff, Cory Cormany, was walking from the PX Center, at the Army War College, along the first block of West Louther Street with an associate in the Borough of Carlisle. 2. At or about the aforesaid date and time the associate, Thomas Hoon, was abruptly and directly stopped by the Defendant David Fones, a member of the C.P.D., being said he was allegedly carrying an unopened case of Budweiser Beer. 3. Proceeding the alleged confrontation stated in the aforesaid statement the Defendant did inform Thomas Hoon, that; he was going to take the unopened case of Budweiser Beer, that he was to be carrying and; that, he could then be on his way. 4. After and about the time the Defendant David Fones did announce that he was going to take the property, mentioned in the aforementioned statement, the Plaintiff Cory Cormany did then deny him the privilege to proceed, having had payed for the product at the Army Post. 5. At or about the aforesaid date and time the Plaintiff did retrieve and take up his unopened case of Budweiser Beer, off the sidewalk, and proceeded to walk west on the Louther Street Sidewalk towards his place of residence. 6. Proceeding the actions taken in the aforementioned statement the Defendant David Fones did tackle, punch, and scratch the Plaintiff Cory Cormany in the face, abdomen, arms, and leg areas, then did bondage him and turn him over to other members of the C.P.D. whom did continually brutalize him and allegedly arrested him. 7. The Plaintiff did sustain numerous scratches and bruises and was scared under his nose during the aforesaid deprivation period. and was verbally instructed in contradiction as to what to do and expect by the Defendant and his associates, pursuant transportation to an elementary school. 8. The Plaintiff Cory Cormany asserts he was not informed of his due process rights during and throughout the Defendant's actions, however was arraigned before a District Justice and the unopened case of Budweiser Beer returned to him, and asserts that his associate, Thomas Hoon, was not allegedly apprehended or detained. 9. In and about or pursuant 1986, during the late evening hours, the Plaintiff, Cory Carmany, was walking through a church parking lot while returning home from a party at a friend's house in the Borough of Carlisle. 10. At or about the aforesaid date and time the Defendant David Fanes, a member of the C.P.D., did pull an automobile adjacent to the Plaintiff's foot-path and did step out of the machine addressing him by name; while turning on the overhead emergency lights and drawing attention to his sidearm. 11. Preceding the aggressive and intimidating actions and behavior demonstrated in the aforementioned statement the Plaintiff Cory Cormany did stop walking, and did turn to the Defendant in question; in response to the calling of his name. 12. After and about the time the Defendant David Fones yelled the Plaintiff's name he did quickly approach him and began pushing him in the stomach and chest area, aSking him what he had and what he thought he was doing, almost knocking him to the ground. 13. At or about the aforesaid date and time the Plaintiff Cory Cormany did turn about, from the Defendant's position, and did proceed quickly off running in the opposite direction of the aggression described in the aforementioned statement in fear of life and limb. 14. Prior to the Defendant David Fones claiming the Plaintiff had been smoking marijuana, and prior to him bondaging him and allegedly or intentionally pushing at him yelling obnoxiously loud verbal commands or'endangering his life or limb, the Defendant did apprehend him. 15. The Plaintiff was channeled and detoured, then prevented from going home, while the Defendant did almost run him over with an automobile and did pursue and throw him over the hood of the auto- mobile to the roadway, accompanied thereto by several other associates and the uses of firearms and bondage devices. 16. The Plaintiff Cory Cormany did again sustain numerous scratches and bruises and was alleged to have been drinking beer, being said he was to be in possession of an unopened can of Budweiser, however was arraigned before a District Justice and then released under bail imposition after never having been marandized or instructed as to the wants and demands of those individuals involved, and was imprisoned. 17. On or about October 1, 1989, during the early morning hours, the Plaintiff, Cory Cormany, was allegedly apprehended, restrained and subdued in his place of residence in North Middleton Township. 18. At or about the aforesaid date and time a colleague of the Defendant Jeffery Rudolf, an associate of the C.P.D., did transport the Plaintiff Cory Cormany to the North Middleton Police Department after responding to a verbal complaint made by the Plaintiff's wife's mother; whom resided in the Borough of Carlisle at that time. 19. Prior to the report described in the aforementioned statement the Plaintiff was alleged to said to have a Severe~ head injury, and to have broken several items in the place of residence described, claiming it was because his wife was out all night posSibly with another man. 20. Proceeding the actions taken in the foregoing the Defendant Jeffery Rudolf reported to the North Middleton Police Station that morning and did dispose of a summary issue concerning criminal mischief, pronounced by his colleague, and did transport the Plaintiff Cory Cormany back to his place of residence. 21. After and about the time the Defendant did drive the Plaintiff back to the North Middleton Residence he did then speek with the Plaintiff's wife, and her mother, instructing him to wait in the automobile in which they arrived. 22. Proceeding the communications directed in the aforesaid statement, and the arrival of the Plaintiff's mother-in-law, the Defendant Jeffery Rudolf did inform the Plaintiff Cory Cormany that he was going to be arraigned before a District Justice and probably committed to prison, after checking his criminal record. 23. The Plaintiff was advised and told that he was not allowed back into his place of residence that he had leased and contributed money towards, and was transported to Cumberland County Prison proceeding formal judiciary matters circumstantial a parole situation and detrimental a corroborated detainment. 24. The Plaintiff Cory Cormany did confer with his wife pursuant the issues stated within; and was threatened out of house and home by the Defendant, without warrant or miranda warnings, his wife was physically and emotionally coerced and intimidated into testimony and financial despa1T, and both were judiciously and criminally interrogated before they were permitted to return home. 25. On or about February 23, 1991, during the early evening hours, the Plaintiff, Cory Cormany, was allegedly apprehended, restrained and subdued outside of an apartment complex, located in the Borough of Carlisle. 26. Prior to the aforesaid date and time the Plaintiff was involved in a physical confrontation regarding the uses of illegal narcotics, and the confirmed visitation of his said minor child, at his ex-wife's place of residence. 27. Proceeding the altercation litigated in the aforesaid statement the Plaintiff Cory Cormany had been attempting to envelope a visit with his said daughter during his established visitation times, however was side tracked by the attentive indulgences of his ex-wife's boyfriend, and the custOdy arrangements set forth between her and her mother. 28. At or about the aforesaid date and time the Defendant Brent Griest, a member of the C.P.D., was summoned by a Police Dispatcher because of the actions involved the Plaintiff and an identified individual named John Adams, and his alleged girlfriend's emergency phone message. 29. The Plaintiff did submit to the implications set forth by the assailant John Adams, noting his assertive denial regarding communication, and was not able to verify the uses of illegal narcotics at the time of the aforementioned confrontation on the account of his inability to establish a miranda, precarious the relationship between him and his ex-wife. 30. The Plaintiff Cory Cormany did sustain numerous scratches and bruises and was transported to the county prison pending a parole stipulation, applicative an arraignment procession before a District Justice, and did file a grievance and did not achieve his visitation objective prescient the event in common. 31. On or about June 10, 1992, during the middle afternoon hours, the Plaintiff, Cory Cormany, was arguing with his ex-wife, then pursuant thereto was taken and coaxed into custody and served with an affidavit in the first block of East High Street in the Borough of Carlisle. 32. At or about the aforesaid date and time the Plaintiff Cory Cormany was arraigned before a District Justice, and was committed to the county prison, proceeding a warrant of arrest and other factors included his due process rights pertinent to the importance of the criminal code. 33. Prior to the incident implemented in the aforementioned statement, the Plaintiff was implicated regarding his ex-wife pursuant therein custody times and places instantaneous their minor child, relevant working and social hours, family members, and careless her boyfriend's actions and solicitations, and the Defendant Karen Finkenbinder, a member of the C.P.D. 34. The Plaintiff Cory Cormany was subjugated imprisonment and distress, and did write letters announcing child rearing problems to several local agencies and figureheads, along with verbal complaints before and after the issues stated within, and did additionally accuse his ex-wife's boyfriend of molesting his minor child contentional a forthright fact. 35. On or about November 15, 1994, during the early afternoon hours, the Plaintiff, Cory Cormany, was serviced and legally detained after attending a summary hearing at a district magistrate's office in the Borough of Carlisle. 36. At or about the aforesaid date and time the Plaintiff was arraigned and committed to Cumberland County Prison relevant the Defendant Kenton McCoy, a member of the C.P.D., and the Defendant J.J. Sancenito, an associate of the C.P.D., he was allocated with criminal offenses. 37. The Plaintiff Cory Cormany was judiciously and criminally processed in a court of law, and represented by and through an attorney, and did negotiate a situation and a circumstance important an official action, costly a duress and a justifiable dilemna. 38. On or about February 19, 1995, during the late evening hours, the Plaintiff, Cory Cormany, was sleeping in his bed at his place of residence when he was abruptly and unnecessarily aggressed upon in the Borough of Carlisle. 39. At or about the aforesaid date and time the Plaintiff was hospitalized and processed to county booking relevant the Defendant Larry Kell, a member of the C.P.D., and the Defendant Ronald Egolf, an aSSOciate of the C.P.D., he was allo~ated with criminal offenses. 40. The Plaintiff Cory Cormany was jUdiciously and criminally accused in a court of law, and represented by and through an attorney, and did interpret a situation and a circumstance important an official action, costly a property and a probable anguish. 41. On or about September 6, 1996, during the middle night hours, the Plaintiff, Cory Cormany, was forcibly restrained and bondaged, then serviced with an affidavit at his place of residence in North Middleton Township. 42. At or about the aforesaid date and time the Defendant David Tilden, a member of the C.P.D., did break open a screen door, accompanied by several unidentified individuals, and did push the Plaintiff's mother into a wall, knocking a planter vase from a table, then proceeded to enter the aforesaid residence. 43. Proceeding the actions stated in the aforementioned statement the Defendant alleged that the Plaintiff Cory Cormany had assaulted a female acquaintance at her place of residence, earlier the day before, in the Borough of Carlisle; whom di~ later recant such propaganda to the State Representative Gabaig of the 199th Legislative District. 44. The Defendant David Tilden did pummel and grapple the Plaintiff out of his house and home and into an automobile, and did transport him to a building, against his free will, located at 53 West South Street in the Borough of Carlisle, for the purpose of imprisonment, and arraignment before a District Justice. 45. The Plaintiff Cory Cormany did suffer scratches and bruises along with property damage, as a result of the foregoing incident, and was later informed that the alleged bruises around the eyes described and shown on the said victim, or female acquaintance, was caused by the removal of her teeth, displaying three infected mollars during the due process. 46. At or about June 21, 1997, during the early evening hours, the Plaintiff, Cory Cormany, was throwing away some trash in a trash dispenser, after being invited over to a friend's apartment in the Borough of Carlisle. 47. At or about the aforesaid date and time the Plaintiff was attacked and bondaged, then put in a pOlice holding cell identified within 53 West South Street at Carlisle, and proceeding thereto he was removed from the said holding cell and criminally charged, then returned to the said holding cell and summoned and arraigned. 48. Prior the events applied in the aforesaid statement the Defendant Shane Cohick, a member of the C.P.D., and other associates, exercised discretion, the Plaintiff Cory Cormany did file a civil matter on behalf of his friend Tracy Gibson and himself in the Court of Common Pleas of Cumberland County Case No. 96-4435. 49. The Plaintiff Cory Cormany was judiciously and criminally tried in a court of law, and represented by and through an attorney, and did confirm a situation and a circumstance important an official action, costly an employment and a constitutional conflict. 50. On or about October 2, 2001, during the daytime working hours, the Plaintiff, Cory Cormany, was incarcerated at the Cumberland County Prison when he was accused of criminal offenses having allegedly occurred in Middlesex Township. 51. At or about the aforesaid date and time the Plaintiff was attacked and bondaged, then put in a prison hOlding cell identified within 1101 Claremont Road at Carlisle, and preceding therein he was committed to prison for summary issues and criminally charged, then ordered about submissive a pOlicy and petitioned and arraigned. 52. Proceeding the ramifications dictated in the aforesaid statement the Defendant Mathew Kennedy, a member of the C.P.D., and district attorney, corroborated incident, the Carlisle Police Department did file a criminal matter on behalf of the Plaintiff Cory Cormany and themselves in the Court of Common Pleas of Cumberland County Case No. OI-~091 53. The Plaintiff Cory Cormany was jUdiciously and criminally accused in a court of law, and represented by and through an attorney, and did interpret a situation and a circumstance important an official action, costly an imprisonment and a discriminative fact. 54. The Defendants did cause a reasonable suspicion of doubt deliberate a requisite criminal intention, and political the solicit allegations enstated during and throughout the eventful occasions defined, wherein the Plaintiff Cory Cormany feels victimized as an individual residence of the Commonwealth of Pennsylvania. 55. The Plaintiff has suffered and sustained injury, abusive and negligible treatment, stressful and constant condemnation punishible other faults and prejudices involving also the uses of firearms, wherefore additional filings include a Defendant John Adams, John Porter, Terry Darr, Greg Deihl, Paul Green, Maswadeh Arafat and associates, Frank Teaney, and a Detective Franks of the Cumberland County. 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. ~.~j~ 6 Wi tness ~ Cr{), c:.~ Cory A. Cor~y - Dated I02P<l t J ~J.~ HoIonO.,::":'SOOI J 14.1.1._ Twp c,~. PublIc My Cornmlaolon i,~;;;'-~"" County Me Juno 24, 200" miler, f'enllSylv""ia Assoeta bon at Notarses EXHIBIT 3 (6) SNELBAKER 8 EUCKER ^ PflOFESSIONAL COJUlOIlATTON ATTOR:NEYS AT LAW 44 \lVEST MAIN .sTJlEET MECHANICSBURG. PENNSYLVANIA ]7055 P. O. BOX 318 FACSIMILE (717) 697-7681 RICHARD C. SNELBAKER E. IlOB2JilT ELlCKJHl, II CHAJt.LES D. VANCE, JR.. K.E1TH O. BRENNEMAN 717.697- 8528 January 9, 1990 Mr. Cory A. Cormany Cumberland county Prison 1101 Claremont Road Carlisle, PA 17013 Dear Cory: This will bring you up to date with the scheduling of your case. As you know, a plea of "not guilty" was entered in the formal arraignment on January 2, 1990. We did this in order to obtain some negotiating room with the District Attorney in anticipation of some type of plea bargained disposition. In the meantime, I have received a telephone call from the District Attorney indicating that his office would be willing to accept a plea to the burglary charge in satisfaction of all charges. This is merely an offer and will be the sUbject of discussion at the pretrial conference mentioned below. It is the District Attorney's practice under these circumstances to make a proposal for a plea bargained disposition in the hope that the case can be resolved short of a trial. He has "opened the door" to further discussion and negotiation. We have also been advised that a pretrial conference will be held with a Judge on Tuesday, January 16, 1990 at 11:00 A.M. At that time, discussions will be held as to matters which would be normally encountered at a formal trial, together with an opportunity to further bargain for a disposition of the case. Prior to that conference, I intend to meet with you at the Prison in order to discuss various options. As we discussed at the time of the preliminary hearing in the District Justice's office, there is very little point in planning for a formal trial. In a trial, the defendant takes a position that he is not guilty of the offenses charged and is required to force the prosecution to prove a case against him with an opportunity to defend. There would seem to be little purpose in going through such a procedure in this matter. SNELBAKER 8 ELICKER Mr. Cory A. Cormany January 9, 1990 Page 2 However, the door remains open to do so. In the meantime, we need to think about a disposition by possible plea bargain. I have explained to the District Attorney about your background, my involvement and the support given by your parents. I have also mentioned Dr. Coslett (who is out of town until January 15) and indicated his willingness to continue some sort of supervision. As of this writing, I have not had an opportunity to talk to Lyle Herr, although I desire to do so prior to the conference scheduled for next week. My schedule is not yet completed for the rest of the week; however, I hope to visit with you on or before Friday, January 12. C. Snelbaker \. RCS:pjt cc: Dr. and Mrs. Robert Cormany EXHIBIT c (7) CUMBERLAND COUNTY PUBLIC DEFENDER I Courthouse Square . Carlisle, Pennsylvania 17013-3387 Defenders: TAYLOR P. ANDREWS, Esq.. Old ELLEN [{. BARRY, Esq. seon D. MOORE, Esq. ARLA M. WALLER, Esq. TIMOTHY L. CLAWGES, Esq. H. ANTHONY ADAMS, Esq. RON TURD. Esq. (717) 240-628' from Harrisburg. 697'()371 from Shippensburg, '32.7286 November 26, 1991 Cory Cormany Cumberland County Prison Dear Cory: Post were I recently received a copy (or original?) of your Motion Conviction Collateral Relief involving the case for which sentenced in February 1990. for you We do not represent prisoners in PCRA Petitions until we are appointed to do so by the Court. I cannot determine from the paperwork which you sent to me if this matter has yet been docketed or if the Court has yet appointed you an attorney. I question whether the petition which you have fashioned will obtain any relief for you. However, once it is docketed, you should have an opportunity to confer with appointed counsel. TPA!r Encl. JOHN H_ BROUJOS HUBERT X. GILROY CHRISTOPHER C. HOUSTON BROUJOS, GILROY S HOUSTON, P C. ATTORNEYS AT lAW 4 NORTH HANOVER. STREET CAR.LlSLE~ PENNSYLVANIA 17013 717-243-4574 NON-TOLL fOR. HARRJSBUR.G AREA: 7J7'7e6-1690 F^X: 243-8227 November 18, 1991 Mr. Cory A. Cormany Cumberland County Prison 1101 Claremont Road P. O. Box 820 Carlisle, PA 17013 Dear Mr. Cormany: Please be advised that I have been Court appointed to represent you on a PCRA Petition which you have filed. I will, hopefully, be out to see you in the very near future to discuss the specifics of your Petition. It is my understanding that a hearing has been scheduled for January 13, 1992, at 10:00 A.M., at which time testimony can be presented to substantiate your allegations. In the meantime, if you have any questions, please do not hesitate to contact me. kb JOHN H. BROUJOS HUBERT X. GILROY CHRISTOPHER C. HOUSTON BROUJOS, GILROY ~ HOUSTON, P. c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 7l7.243~4574 NON- TOLL fOR HAIUUSBUR.G AR.EA: 717-766-)690 fAX: 243-8227 November 26, 1991 Mr. Cory A. Cormany 1887 Douglas Drive Carlisle, PA 17013 Dear Mr. Cormany: I understand that you have been released from prison. Would you please contact my office for purposes of scheduling an appointment to review the Petition that you have filed. I have received a copy of it. kb Very t;-JJ.lY~, C~-:-fi?lf- Christophe~ C. Houston JOHN H. BROUJOS HUBERT X. GILROY CHRISTOPHER C. HOUSTON BROUJOS, GILROY S HOUSTON, P c. ATTORNEYS AT LAW 4 NOR.TH HANOVER STREET C^R.LlSLE~ PENNSYLVANIA 17013 717-243-4574 NON- TOl.L fOR HARRISBURG AR.EA: 717-766-1690 FAX: 243-8227 December 4, 1991 Mr. Cory A. Cormany 1887 Douglas Drive Carlisle, PA 17013 Dear Mr. Cormany: This is to confirm that I the guilty plea colloquy. ascertain whether you had guilty plea to a felony. I will advise upon receipt of the transcription. will be requesting the transcription of From this we should be able to been advised that you were entering a kb very. _~s, C:/~JS{~ Christopher C. Houston BROUJOS, GILROY S HOUSTON, P. c. ATTORNEYS AT LAW JOHN H. BROUJOS HUBERT X. GILROY CHRISTOPHER c. HOUSTON 4 NORTH HANOVER STREET CARLISLE. PENNSYLVANIA 17013 717-243-4574 NON- TOLL fOR HAR.R.ISBURG AREA: 717-766-1690 fAX: 243-8227 January 20, 1992 Mr. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Dear Mr. Cormany: Enclosed please find a document to be filed with the Court withdrawing the Motion for Post-Conviction Collateral Relief. Please return this to me in the enclosed self-addressed stamped envelope and I will file it with the Court. Very / / / / sla Enclosure EXHIBIT ~ (8) COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CORY A. CORMANY 95-0310 MISCELLANEOUS TERM IN RE: PETITIONER'S REOUEST FOR EXPUNGEMENT ANSWER OF THE COMMONWEALTH AND NOW, comes Alison Taylor, Senior Assistant District Attorney of Cumberland County, Pennsylvania, who answers the rule to show cause why petitioner's request for expungement should not be granted, as follows: 1. On October 29, 1995, petitioner filed a motion to expunge his conviction of criminal trespass, a felony of the second degree, docketed at 2068 Criminal 1989. The offense occurred on October 1, 1989, in North Middleton Township, Cumberland County. 2. At 2068 Criminal 1989, petitioner pleaded guilty to Count C, cri~~~~ass, on January 16, 1990 before the .~ . -,. Honorable Kev~n A. Hess,. The plea was taken in full satisfaction , , of other cha~~haX term and number. On February 13, 1990, the court sentenced petitioner to undergo imprisonment in the Cumberland County Prison for a period of not less than two nor more than twenty months, to run consecutive to any sentence petitioner was currently serving. 3. Petitioner requests expungement for his conviction of criminal trespass because he "has completed the required probation for said allegation and has been free of incident for a period of 18 months since the allegation was instated [sic)." (Paragraph 9 of Petitioner's Motion). 4. However, on May 2, 1995, petitioner pleaded guilty to simple assault on Carlisle Police Officer Larry Kell, docketed at 95-0376 Criminal Term. On May 2, 1995, petitioner pleaded nolo contendere to false swearing, docketed at 95-0375 Criminal Term. On May 2, 1995, petitioner pleaded nolo contendere to the unauthorized use of automobile. All pleas were taken in full satisfaction of other charges at those terms and numbers. The defendant was sentenced on all charges on June 6, 1995. 5. Section 9122(a) of the expungement statute applies to the expungement of non-conviction data contained in the criminal history record. Section 9122(b) applies to the expungement of the entire criminal history record, despite the disposition of the case. 18 Pa.C.S.A. S 9122(a) and (b); Commonwealth v. Cook, 359 Pa. Super. 216, 518 A.2d 858 (1986). 6. The purpose of the expungement process is to "exculpate an innocent individual from the jaws of unwarranted punishment which manifests itself and flows from the retention of one's arrest record following, e.g., a dismissal of charges at the district justice level, a finding of not guilty, acquittal on appeal or completion of an accelerated rehabilitative disposition program." Commonwealth v. W.P., 417 Pa. Super. 192, 198, 612 A.2d 438, 441 (1992) (citations omitted). "Expunction is proper only in cases [where an) acquittal is consistent with a finding 2 (of] innocence and is not a result of legal technicalities unrelated to questions of guilt or innocence." rd. 7. The Commonwealth bears the burden to present compelling evidence aaainst expungement only in two instances, when (1) the Commonwealth has failed to establish the accused's guilt beyond a reasonable doubt (e.g., before the court of common pleas), or (2) the Commonwealth admits that it is unable to bear its burden of proof. Commonwealth v. Wexler, 494 Pa. 325, 331, 431 A.2d 877, 880 (1981); Commonwealth v. Chacker, 320 Pa. Super. 402, 467 A.2d 386 (1983). Neither instance is present in petitioner's case, since he pleaded guilty to the offense that he now seeks to have expunged. 8. Since petitioner pleaded guilty to the charge he seeks expunged, any right to expungement must be found in 18 Pa.C.S.A. S 9122 (b)(l) or (b)(2). Petitioner does not fall within either enumerated section as he is not seventy years of age and he has not been free of arrest or prosecution (or conviction) for ten years following final release from confinement or supervision, nor has he been dead for three years. ~, 359 Pa. Super. at 220, 518 A.2d at 860. 9. petitioner is not entitled to expungement of his 3 conviction for criminal trespass.' See Id. (no authority for granting expungement of criminal records for an individual who has been arrested and convicted of a crime, regardless of his subsequent progress and rehabilitation). WHEREFORE, the Commonwealth respectfully requests that this Honorable Court deny petitioner's motion to expunge his conviction of criminal trespass, docketed at 2068 Criminal 1989. Respectfully submitted, A~-';.~:r da~~ Senior Assistant Dlstrict Attorney , comes be~~r~a~i~~~~~e~h~nWt~~ ~~~~t'l P~t~tioner is not .one" who :rad~cate a blemish on his good nam: a~d ~~~~~~~~~ ~ee~~~g t~17 a. uper. at 202, 612 A.2d at 443. See also petitio ~' ~4-i~~~ p~esentence report for his convictions at cri~i~a~ ~~~s attached~.~' 95-0027 (A), 95-0375 (F) and 95-0376 (A) (Exhibit A 4 EXHIBIT 1 ~ 1 (9) I I PAULA P. COKBJu.~. ~ DJSTIm:T' JUSTICE MAGISTERIAL DISTRICT NO 1I1l B T .no_ft . 09-2-01 .-"0""'" ST. SUI'rB23 CARLISLE.PA. 11013 .. 1Jt..,..-~-,,,, ' "'lYIR'-*""'~ .,. .111111(1. ~"~"'J1_,j:.~::,;...\. h;:;;~:,~:'''.~~''~-~" ,~~ ' , I OIP.pllln' "",n;i;.,i;; 6iti.....,(JoC..Jr:' PII-t" .- A 01900 ~ ~ ' ..\.~.. '!'~':,f~~&...;~~..~Io1~~"~.,-~~" -~: -', ..," " ,.,,;,' t .... .,. ~I',-, 0 - '_.~"~ .......-........... _._'~ --. ~',. - COMMONWEALTH OF' PENNSVLVANIA DEFENCANT: VS. NAME AND ADDRESS l. CAPT. ~.W.RunnLPH (!JOW/ft-o?'Ai/ianJ) JIOJr1'H lIttDPLBrolr !'OWXSlUP POIACB DIU"1'. of RS.A. i.i~~~~~~; ,::.: : ..:' do hereby state, A K A .' . .. . , (1) 8x I accuse the. ab?~e named defendant. who Jjves at the address set forth above or i ( accuse an mdlvIdual whose name is unknown to me but who is described as . .~ ~:'i~~~C~~~:i:: ~~P~:;:'ld~:~n~}i~~eiscomunknown to 1 hme aPend, therefore, I ta...e designated him herein a. John ~ monWea [ of nnsylvama at 1 li.n . CARLISLE,PA. 17013 IIOJl'1'H JllJ)I)LBTOIf 'l'OWlISHlP 9rn'A.~",ltyz. ] Par'. . lD CtJXBERL.&1ID County on or about ocr 1 1989 ~ tiClpants were (if rhere Wtn! panU:1pQIJIS, plQiitliifrn(UH~ Itp&l1Jhg the 1J(l/tIt! of r::bCflie defimdW1/ ). . (2) The acts committed by the accused were, @ _. .ay Did ~_.. ti 11 ............... : .......12 ona ;r or knOw111Sl1 eAter a bl.l1141n.l. occllpied atPlleture or aepazoataJ., .eoure4 01" OOCllpllH1 portion thereot'. at 1950B JPr;rloop Aya. propert7 ot fin C01"IIlU27 witb tbe 1Dhnt to co81t the or1lle ot' Crt.tn.' Jlboh1at tbeN1n. 1D that he 41d foreiblY enter . the apartMnt anll did do .\IIlatAftUa1 d-.e to t'IIrnlabinp ~14. the .pllJ"tlllent, CRDlDlAIo JlISCK1D: cl1d 1ntel1tl_llr. 1m000inSl:r. recklo..l:r Qr D..UgenUy ~,. _ tlllllPtll" with the tancJ.bl. propert:r ot '1'1na CorunJ' in that he 41d enter flna. C01"lll&n1a aput_nt and broke or 4_<<04 t'urnJ..hings In tbo amount ot $500.00 mor. or 1.... CRIMINAL TRESSPASS: Did intentionally or knowingly enter a building Dr separately secured or occupied WY..... portion thereof, at 1950 B. Fryloop Ave. property of Tina Cormany. 11 of which were ,against the peace and dignity of the C,ommonweahh of Pc?nsylva:nia' an.,~,.,,;~~tr.~~)f .t? th~"~;..~.r{",~,j~~~~\~\,,,., r in ,iolation Of~' and ~of the Act Of~~~~:r..",..,.,',.,.,.. f the ....'I.....->t.ltjj,~ Ordinance of ~,,~U'm~~l~~,~iW~!.~~1;.!\'t-N~;"t "N' ~., , . (Poiltfcal Sub-dnlS/(lnJ 3) 1 ask that. warrant of arre.t or a summon' be issued and that the actused be required to an.wer tlIecharae, 1 have made. . ,.' d t t th best of my kflaw~ 'tIT 1i1format}ou. 4} I verify that the facts set forth m thiS complatnt are true an corree .0 e . -. . C d -]8 p' C S . and belief. This verification is made robject to the penalties of SectlOn 4904 of the Ctim~s 0 e ( a... t 4904) relating to unsworn falsification to authorities. . \iec:>bu %. .19 89 . / .'/ /"r!ilw,r:::;rc,[f.,;,:rrj ~ . 19 I certify t~ c6~~;~i as be4/l:. n p "pe.comTle ~d ~ND NOW. on thiS date lle....r 2 . . 89 f ~. ,/ I .erified. and that there i, probable cause for Issuance of process., I ~/ r iI.r. <1/ ,-" c, (SEAL) ~t'i~~'\&i;)~40..~~% '"--' (/ssUfng AUlh /t}.J (lIIsJ~!7"!S"kt) j .I \ I WARRANT to this warrant. U. L.-t! ~{.k~.' ; 'IB"" 711M '7<. (j ?-V~ ~() ~~- dY6-("J-C?f ~IDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST FOR f:()f.:Y C _ ,~nHMAljV, 60,' iI. PE_iN~. AVl:.., DOIWING10'oi!;. fA. I,n'!', 1. The affiant 1s Capt. ,T . W. Rudolph, North 1'11ddletoal"W., Pollc~ Dltt,1; . 2. On :;unday, OC1;ober 1. l",b}, at 6;36 A._i, 'ana (;or!~ny ,.,01;1.1'1t::.; c,01'til IU.ddleton 'rownl!lh1p POllce Department that her apartr,erlt waa f01'cibly entered by (ler husband, Gory C. Corl116.ny. ;11'"8. Corl',an.J rellidel'l lilt 1950b Fryloop Avenue, Car11ela, Pll. Sh~ ~Ia(i 3pent tn" nlr;ht ..It her tlothlll1'8 res1dence 1n Car11s1e, Pa. Prtor to her 'loti r., 1'" police of the above inc1dent. HrB. Corma.ny received !1 priom' call Croci her ilU>l~and that hili >las in her apartment. and tl;at i'll' '.fl,' ('al11n., fro,:. ;.':1' an&rtmlllnt. ;.!rs. Cormany s1;ated ttl"t the :.l.pa.rtrr:ent '0'/11,' " C'~."",., .n.i.^,^ l.o"k*d. p.nu th.fti':. "he i. 11,v1ne ~t th'!.! :"l~~r~1s. ~d.t~ !~~r ~,~~,.!"....., Ch1ld ;ind that her llusbanJ does not res1de at. 1 )';,0_, Fry ioor Ave, nor (1011I5 h., hav,; a key for the residence. 3. After not-irying polioe. t'rs. Cormany proceed'Hi to ~,er resLj"ni,;e by [;,otCI' venicle and parke,i a ,Ustance away from her apartment. :"" oOlServed her husband. Cory C. Corma.ny, leave the residence. ','he,', t" pollee arr1 Vltd. pOlice and r':1'3, Carnlany enterec tlH'! ap1>.rtment an, (jiscovured toat forcible eiltry was made into the apartment by In"e,.,,.l. a storr'. window and screen. enabling Cory. Corn;any tc enter.t.he apart:~, t Once inside. Gory Corraany did do damage tc furnltuI'''l' anu other 1,u~",I';J!('J ;;0008 l'\side the aparttlent. i:8ti!:..at~J value of janil.i';e i:jG~O(). (;0 ",ore or leBs. 4. ::01';; C. lorrr,any ,.as r,lcked up by volice a short JI3tancd 'PIW; f;~o". tile :ict:'na of the crIme. It was;\111covered tr.at CO!'J C. Corman'l ~;<lS on Par-ell< from CUrlberlanu. Cuunty at the tir:Je or tile 8['!'I'''henslon all,.1 ;Ie <'PI"fn'~(.' to be umlel' the in1'luanae of alcohol. Cory C. Corman:! s prObation off:L:<:r was notl fled fl.nd Cormany W83 !I\l!)511q'~'mtl." Gluet';, il the C\-!l::terlll.rvJ Count.'! !"r1 ;son for naSJ"te vIolation. fj. '-^HLel.l on the atove 1nforluatlon in aduit1c~f1 to tr(!iC":~:~ of tJlood fOUf"'ll... 'Dr! thl~~ 6~or~-,~ wtndo\^t alld ~. cut ou COl.r::hn.?i~ '}Z'~~')i...l ~ ;- r'eriU(;;,~t h war:::"'::lj.L {)( .i;.rrll:1's.t to,: ~.:~::H..i.~(,\ f01"~ C.)'l'.v l.,'-~ :.~crt';;~':I/~ Executed this ................ d3Y 01 ....:......../.............. 19.....; . ....1 .. . < (slgnatut"oh'~~nt) - persona"r a......red belo' ' .. '; ,- , (aflir d """dln t Ian{ m, "'. ....,...............;........., 19.....,. th, Alflant above named. who. beIng duly sworn thlr,':'n'ar,a: a:3 c:rrJt:.~:c'.:r,f~W,~~~ ~~:I~~y Pff",ncti, andncldeP01sled and said that th' lacts set forth .'. . / _. .. . _.Intorma ona bel'l. \. . -.'.- .':" <'./~! .. " .' , i ,.. IIWuhwn' .A','..hnrltv', (lEAL) CERTIFICATION OF SF-RVICE AND NOW, this ,;<",[ day of M 0<-<..\", 2004, I, Cory A. Cormany, foregoing the aforesaid matter knowledgeable a legal pretext and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person and by the United States Mail at Carlisle Pennsylvania, addressed as follows: Mr. Jeffrey Rudolf Rt34 Spring Road Carlisle, P A 17013 s; A-<'[~ 1883 Douglas Dr. Carlisle, PA 17013 CERTIFICATION OF SERVICE AND NOW, this l../+t-- day of (V\n.,c'" 2004, I, Cory A. Cormany, foregoing the aforesaid matter knowledgeable a legal pretext and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person and by the United States Mail at Carlisle Pennsylvania, addressed as follows: Mr. Lyle Herr 1 South Hanover St. Carlisle, PA 17013 ~o.c~ Cory A. Cormany 1883 Douglas Dr. Carlisle, PA 17013 ~ (\ t ::r- ~G' -. \ ~ ~ <tl ~ d (") ..., \ r;; = 0 = ...~ ...- " a3Vf> ::u: =;:' > ~~ -,.- , ;;;;:J Cf~ '. I \ - _. ;- :06 ~,~ '. C) ~\ -"'~f ~~~~: -0 -;- -y; .. ~~ J.~ t~-: N -:? ',-," ,,~ .-..j -< ~.) .-. co --- \/ IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA COR Y A. CORMANY CASE NO. 04-927 v. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED MOTION MOTION TO SUSTAIN CONVICTION CASE NO. 95-0310 PURSUANT TO PENNSYL VANIA RULES OF CIVIL PROCEDURE 1034 AND 1035, AND FEDERAL RULE OF CIVIL PROCEDURE 56, AND PURSUANT FEDERAL RULES OF COURT 301 THROUGH 312 TITLE 16 P.S. 9960.6 AND TITLE 28 US.C. 2254 AND 2255. Respectfully Submitted, C;.G C &;l" Cory Alister Co any ~~;: U~J~~ L2,-) [L.~C '~5~-:; ~ '7- C:)L- UJO- cEHl -.... r- ~:->-: o (") :2 1-'- o '- E;; ~:s ~~ i;3~~, f:3. r;r: ""'" :c -"" = c:> <" \','\:j L!-...... ''':,. "j (.) DEVLIN & DEVINE William J. Devlin, Jr., Esquire Atty. I.D. # 42717 Suite 200,100 West Elm Street Conshohocken, PA 19428 (610) 397-4614 CORY A. CORMANY Attorney for Defendant Lyle M. Herr COURT OF COMMON PLEAS CUMBERLAND COUNTY V. LYLE M. HERR NO. 04-927 PRELIMINARY OBJECTIONS OF DEFENDANT LYLE M. HERR TO PLAINTIFF'S COMPLAINT Defendant, Lyle M. Herr, by and through his attorney, William J. Devlin, Jr., hereby files Preliminary Objections to Plaintiff's Complaint and in support thereof avers as follows: 1. Plaintiff Cory Cormany has filed a "Petition" with the court attaching various documents relating to other lawsuits the plaintiff has files and or criminal maters that the plaintiff has been involved in through the past years. 2. The Complaint names Lyle M. Herr, a Cumberland County employee with the probation department. 3. Plaintiff's Complaint fails to state any causes of action against Mr. Herr in a concise and summary form as required by the Pennsylvania Rules of Civil Procedure. See PA.R.Civ.P. 1019 (a). 4. Plaintiff's Complaint contains paragraph after paragraph of nonsensical sentences some of which contain English words and some which contain words that appear to be wholly made up by Plaintiff. 5. For instance, in Paragraph 5 Plaintiff states: Mr. Cory Cormany is the said to be convincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 6. In Paragraph 12 Plaintiff alleges: The defendant Lyle Herr is said to have investigated the Plaintiff Cory Cormany, and is said to have arrested the incident in question, respectfully submitted exhibits A through E. 7. As a result of the allegation in paragraph 12, Plaintiff demands "full liability, considerate the commonwealth, at which time the record shall reflect conviction. " 8. There is no plain and concise statement of what Lyle M. Herr did that would warrant a cause of action being asserted against him. 9. Nonsensical words placed on paper next to the name of Lyle M. Herr do not state a cause of action, and the Court should dismiss Plaintiff's Complaint. 10. A demur will only be sustained where a Complaint or Pleading shows with certainty that upon the facts averred, the law will not permit the Plaintiff to recover. International Union of Operatina Enaineers v. Linesville Construction Co., 457 Pa. 220, 322 A.2d 353 (1974). 11. The court should grant Lyle M. Herr's' demur to Plaintiff's Complaint based on Plaintiff's failure to plead in plain, clear and concise language a cause of action. 12. Plaintiff has not pled a cause of action for negligence. The Pennsylvania Tort Claim Act governs a negligence action against the County, and the allegations do not meet any of the eight (8) exceptions to the Act. WHEREFORE, Lyle M. Herr respectfully requests this Court to grant his Preliminary Objections and to dismiss Plaintiff's Complaint in addition to such other relief as the Court deems appropriate. Respectfully Submitted, CERTIFICATE OF SERVICE I, William J. Devlin, Jr., Esquire, counsel for Defendant, Lyle M. Herr, hereby states that a true and correct copy of the Preliminary Objections of Defendant was served on plaintiff below on this 12th day of March, 2004, by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 uire ~ 04 'LfC'..,/1' ~ IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. D L.( - q ^ 7 - c.: V" I Ie """"" V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attomey 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. 8 g "'D'~ -- ~ mr"'.:! ::: ::;:! ~::i.~ 5; fi1Z1 c.~> r -oS ~;:: .::- :0'::;; ..~G 0 I .....- =::iQ :ZC'. v -~- ~..-: === ,5':"; >:.::: z(") ~ ::? r"j:-rt -t :? -< w :n c:::::: "< Court Administration Cumberland County Court House 1 South Hanover Street Carlisle, P A 17013 . IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED PETITION AND NOW comes, Cory A. Cormany, Plaintiff; and sets forth causes of action against the above named Defendant, whereas the following is a statement: 1. Plaintiff is Cory Cormany, an adult individual residing in the Cumberland County Community, Cumberland County, Pennsylvania. 2. Defendant is Lyle Herr, an adult individual residing ill the Cumberland County Community, Cumberland County, Pennsylvania. 3. The .subject matter is a United States District Court Summons petitioning the clerk of courts to quash an expungement Case No. 1:CV-04-454. 4. Mr. Lyle Herr is said to be responsible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. (1) 5. Mr. Cory Cormany is the said to be convincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 6. Mr. Jeffrey Rudolf is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 9;-0310. 7. Ms. Tina Cormany is said to be victimized for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 8. On December 1st, of the year 1988, the plaintiff is said to have married the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 9. On December 1st,' of the year 1989, the plaintiff is said to have divorced the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 10. On December lOth, of the year 1990, the defendant is said to have submitted petition pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 11. On February 26th, of the year 2002, the plaintiff is said to have submitted report pursuant the U.S. District Court Middle District, Pennsylvania. (2) . 12. The Defendant Lyle Herr is said to have investigated the Plaintiff Cory Cormany, and is said to have arrested the incident in question, respectfully submitted exhibits A through E. WHEREFORE, the Plaintiff; Cory A. Cormany, claims from the Defendant; Lyle M. Herr, full liability, considerate the commonwealth, at which time the record shall reflect conviction. (3) VERIFICATION I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Petition against Mr. Lyle Herr are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to WlSworn verification to authorities. Dated ;:L('1 / bY ) I By .~(]- C- . 0- Cory A. Cormany . . Witness ~~j-$t, By ~1t/.<fKJP7 Notary --- -"'~.~I .--.co ---.-- . ~~ ..- . ......-..- (4) EXHIBIT A (5) IN RE: EXPUNGEMENT OF CORY A. CORMANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-0310 MISCELLANEOUS TERM ORDER OF COURT AND NOW, this 30th day Qf October, 1995, a Rule is entered against the Commonwealth (District Attorney) to show cause why the expungement should not be granted. Rule retumable forty-five (45) days after service. District Attomey's Office Cory Cormany, Pro se 1 Douglas Drive . arlisle, PA 17013 :saa :~.';'f.-;~=:-~=.:'. . ..: :T~ " PROBATION OFFICE CUMBERLAND COUNTY. PENNSYLVANIA Probatioa .ccS Parole Oft'lecn U S. GARETH GRAHAM DAVID L MYERS HAROLD E. $HEEL. Y - Presidenl Judge GeORGe E. HOFFER. Judge eCOAA B. BAYLEY - Judge KEV!N A. MESS. Judge probaDoa IDCl Pllde Officers EUZABETH D. BAKER THOMAS A. BOYER DENNIS M. DRACHBAR MICHAEL J. DUNSMORE DOUGU.S M. DURNIN A. KERRY GORMAN DEBORAH D. GRAEFF LYLE M. HERR CHARLES R. McKENRICK PAUL S. MEURON GREGORY S. MILLER SAMUEL E. MILLER. JR. HENRY J. THIELEMANN MICHAEL D. VARNER KENNETH W. BOLZE Chief' ProbaDoD and Parole Officer JOSEPH L OSENKARSlCl Supervisor. J uvea.ile Services JOHN H. ROU-ER Supervisor. Ad::lt Serv\ees COURT HOUSE P.O. BOX 592 CARLISLE. PENNSYLVANIA 17013 BARRY E. HAI1l OfrlCc MIfJCoUcc:tiol'1s Supvr. W.AR.RANT TO COMMIT AND RETAIN '1'0 the Sheriff, Superintendent of the Prison or Bouse Of Correction, or any officer of the Court of the COIIIlIIOnwealth, MUnicipal Court, police Department, Constable, etc; - GREE'rINGS: By virtue of the authority given to me under the Act of August 6, 1963, P.L. 521, Sec. 1, 61 P.S. 309.1, you are hereby authorized and directed to commit and retain for violation of probation or parole CORY A. CORMANY HAHE 358 NO. CRIMINAL 86 YEAR until his case shall be heard or there shal~ be an Order by appropriate authority to release him. . a;:e~ v' PRO~ION OFFICER the 10-1-89 DATE List all alleged new charges or technical violations: 1) Use of alcohol. Based on observation and admission 2) Arrest for Criminal Mischief and possibly Criminal Trespass 3) Failure to comply with conditions of "Home Contract" T elcph~c Toll Free Adult PrubaLion Cosu/Fines Shippcnsburl (117) HO-625S (711,2:o..27l (7171532.7286 Tc'ephOfle Juyenile Probation OUI procrams Tt'll Fre: Wen Shore (117) 240..'6l (717) 2:0..280 (117)697-0371 .;.. - COMMONWEALTH OF PEl\j"NSYLVA.l'iIA VS IN THE CRIMINAL COURTS OF THE COUNTY OF Cumberland (N.me or Defend.n") Criminal Action No. 2 0 6 8 of Criminal 19 89 CORY A. CORMANY ORDER AND NOW this 13th day of November 19 91 Upon consideration of the foregoing motion: 1. 0 The motion is returned to defendant for amendment as follows. such amendnlenl to be made on or before ,. 19 --,-- 2. 0 A rule is granted upon the Commonwealth of Pennsylvania to show cause why a hearing should not be granted. The rule is returnable on or before 19 3. 0 The request to proceed as a poor person, without the payment of costs, is flU granted 0 denied. 4. kJ U:ron finding tha~ defendant is unable to obtain a lawyer rhT"l ~tnphp,.. Hnn!=;t'nn. _ e to re resent hLm. Esq.. is appoint. 5. fJ The Clerk of this Court is ordered and directed to do the following forthwith: (a) To serve a copy of this motion and this order upon the District Attorne-y of r.nmhp.rl ~nci ~unty. (b) To send a eopy of this mo,ion and this ordc' to Christopher Houstcnq.. the lawyer for the defendant. (c) To send a copy of this order to the defendant. 6. g A hearing on the above matter is set for Monday, January 13, 1992, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ORIGINAL ~ 1./ 0J~ -5/ ~ A. )~ . J. 7 ; '-- N.. 114 -VOl. 119 COMMOSftALnt OF rllNllSYI. V A,nA "'AtlllAGE LICENSE APPLICATION ."'''LleATC .'&TUR..II. cu.mberland. .. .......CII ._ "..011,,,.11 IClT.... -... ...---,., Carl~51e,Penna. a. ......... .......,.... "..1'01. ."". "..... Dee. 1, 1988 .,.f' CIA" .... ......& ,. CO"...." .....,... ...cIl_C cou""", Cumbo ..'n"tU District Justice C.O.NOW'.........IO. IITATa.c.... O. .....L.. ......"'......,. 01' ,....At.II: . I. .......1......... ... ., I"..U.\.""". Cory ~11~~er Corm3ny c. .....n.'.... "1>0"._ ---1& W. Pomfre '....11.'0.-.. . ... "''''''.1'''' ,._".. A.'''ATe Cumbo ... laNCet A. .T~". .. C:OIol.T'f . C "'MTV Pena Penna. cu:nb. C. 1AC",,"'IO" c:.'-OCATIO" It.lCITT Of' 1'1 CITY Of' ~-- .'1 ...en..... ." car.:} 1. II' .._II....f' rar1i!lllA o u. C..uMIIII n' DIVO.C.II. . . o,...~... ............... . ....e. 1.1........-...... ".DCCU"...TIO... JI. .....e. '..IT_.......... ..Dce"....TI... , , . .J:g ~tore Mana er whit.e I IL 0"''1'. 0" a'IlT I n. .'IItTI4."l.AC .. ."",,,,. "., I ("ult.' 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" ,., ..",uc..",T&.1 .. .0' TM. ""."""'1. D......., co........ou_"Y Ofl ..,...1"'1,..... - 11.._7"...0' ............0. .UAIII......<OIYI". c.......T.... ..QUI"eD .........v....O" "..,..1011' Ill. OU.AfllD."'" .'V.M.CO"'............ ..........0 .C. '1''''' u,.o.........o. ,.. ..cCO"oA"CII WIT'" TN. ,T.aT.MIIN". 101...1.......... COIII,.......D. ,,"'. .....C,..... ...T ..."T" ",MI:"I:." "'" ....0 ...C... 0' "'.110.........."'", ..1:.." ....I T"VII ....0 Co"..C.. TO ,.... .11.... Ot' .u. ."Ow~.OO. .."'0 ..1-1.... o. ""..". ..........e..""o.. T' T.H..'.".. ........ c...... ~..... . ~ "'f!l'.' ~ - ! :~.1"T...::....tr.."'....T . ..ht-w7 . I ,./;11 bu ~4-L i ~ '7 ~ . -=::::::: .wo."~o.U..C"1...0T...'O..."".,."'I.- ~i+-h o....o.._...1lI.cJL-- .... ..~.--A8-- fU ~ ....1.. ~ ........ \ n.v.:J.I./qli'i: Ill"". ..ICI:.... ..... 1,,"'.0 ~ EXHIBIT B (6) SNELBAKER. 8 ELICKER. ^ PkOflUSlONAL collPOI\ATlON ATTO?.NE'YS AT L.J'tI.W .4.4 WEST' MAIN S'MUET MEC~ICSBURC. PENNSYLVANIA 17055 P. O. BOX 3US FAC.SlMll.E (,71n 607-7681 lUCHAP-D C. ~NeL!iAJ(.E.R. E. JlOIEit.T E.UCKER..II CHA1U.ES D. "JOt.NCI!.. IR.. x'!.ITH O. II\.!Nl'J!~N TIT-fl9?- 8~2e February 28, 1990 Mr. Cory A. Cormany cumberland county prison 1101 Claremont Road Carlisle, PA 17013 Dear C{)ry: Enclosed are copies of letters exchanged between me and Mr. Herr which I think you will find self-explaining concerning costs and restitution. I also enclose a copy of your wife's handwritten list of items destroyed which I obtained at the time of your preliminary hearing. It appears that Mr. Herr is referring to the same list. I am sending a copy of this letter and its enclosures to your parents in order that they may be aware of your financial obligation. By sending this copy to your folks, I am not making any recommendation as to how the obligation is satisfied. Since it appears that my work is now completed on your behalf, I will be closing my file with final billing to your parents in due course. should you need anything further at any time, please let me know. In the meantime, I extend to you my sincere best wishes in your efforts to resolve any underlying problems which have. caused the difficulties with "the law". It is obvious to me that you have the. ability to cope with and conquer any such matters and come out of this entire situation with a new direction and resolve. with best regards, I am, RCS:pjt Enclosures cc: Dr. and Mrs. Robert Cormany ,"- I krn s d.f.~tyo<!cl: P(t\f2(tJ or .. .. _. ... __ .._._.li ~ C~rr]~f!'l, . u \ '" c\...:lW Sc.t ~~"'" ~ \)fD\:le-f1.J u~ \roJ l~d. ~\c'<\.""~o('.:....'n. \ \.~'^-\- "I:b>Lot~nt Cl He,( So ~()O c..~t"-~~c.. ':""\0 ~V\. f..CL.c..<:.-= '\> 35.00 ~po(".-bU(1o+rd ~ loo.D<) I:, t o..\No. ~J-. Q:' c.. \ 1.1..'( c.. 39- 'j. ~t..". = ~ 2..Ot).CO \XBSeflf ftD(l'11M1:{~(Slf"4;t . t>o! ~(t 1t1"?- 1> B~.oo ~ c.. ( "'D ...\ c....\ ~ \CA..c,,<;.....,;O = T \::lOu.jrt u)u(l \ vv..~ i-UI p'-(em~ .jt LJD.DJ c..l~""-\-<A-\.. \:1'\\"-\,.,,,3 = .. 1/ :a. $5.00 0..",', \ '"'-"- ~ \.s. \.... == j; f+ fro M fYlJ (j,<a.rJ..mo t Iu. ( to ~ _~7-D.OO \t..:l,^ ~\o..,,\;- c;,,\o...\"\~ =jlft. fri:>rYl \'1lj(Ylotk( /0 ~ .$ leu.D0 ~\L.\<-.'L{' \>oo\l-..c.c........"'-. ~ b:)l.l.~r bRfnre 'ffiJ.:r(IL'f~..mtiJ,":JO':'}~f'(,.f-s J';;)o.~ '-0,) .:>ocl.......", ~c..c...r\- ...'y..c..\~ .::1. ~j\.ht o..f-kr- ~~G{b~n _ ~3J.C0 o..VI.'e'\.\.vc..(" ~o..''A c...\o::>c..\L-_=-j1rtto \;()C, -hO(l1 ~S~~Ie.nd ~j5.Di) c..C>..",~ c...'Y\.C4'" ~c:.<:...\:- --Cfuu~ c...\l-.lt(~j):-l{QilD() ~15,C6.l;.\oo, \o..V"<\.~ -=.Ttou.G~t CLHe(~o..(o..ti0n . D' )j~+ . I btWt~(~1- J\~.ro '<'r.a-.r'o\.... c..oc.......-\"-~ !;....:\- :;-:r:~~t 1.J\wl hJ'(Du) fDieVlts. JI-ZooCl l.\ 0C."\\.C-CL-\. 'o\',....d... ....\~"" -=- bcudht ~{~~ClllU(l ~ ;):'-.00 (c.."",-o\;<:... c..o,,~",o\ -\0 \.\). ~. I'oou0ht , , .. r p('ttx(:J uf I ~V\J 101' c9. ~ 3C:D, 00 SNELBAKER. B ELICKER. A PtIl.Ons.stOWAL COJUOtv.r1C>>1 A1TORNEYS AT LAW ... waST' MAIN' sTUET MECHANICSBURC. PENNSYLVANIA l7055 P. O. lOX 318 FAC31MIU O'ln 697.7e81 lUCHAJU> C. S1'l!UNC.!1l ~. 1l0.E~T E,UCUJlt..I! QolA.1U.!.S D. VANCE. 11l. K!rrH o.a~!NN!MAN 717- e97. 8528 February 14, 1990 Mr. Lyle M. Herr, probation/parole Officer Cumberland County probation Office p, O. Box 592 Carlisle, PA 17013 Re: Commonwealth v. cory A. Cormany 2068 Criminal 1989 Dear Mr. Herr: First, please ac~ept my personal thanks for your special interest in cory's case. I appreciate the time which you have given to this matter and the professional judgment which you have exercised obviously to cory's ultimate benefit. In passing sentence on February 13, the Court ordered payment of costs of prosecution. Please advise of the amount. Judge Hess also ordered cory to pay restitution of $300.00. At the preliminary hearing, Tina Cormany acknowledged receiving $500.00 in restitution. cory's parents provided this almost immediately after the incident. Am I correct that the restitution requirement has been satisfied (if not overpaid by $200)? . Thank you again for your interest on cory's behalf. Very truly yours, Richard C.Snelbaker RCS:pjt PROBATION OFFICE CUMBERLAND COUNTY, PENNSYLVANIA XENNE'nI W. IOLZE Chicr 'roll ~- ud Puole Ofllccr JOSEPH 1- OSEN'K.AltSKI S~- - J_ Semce. JOHN H. 1l.0LLEll Superv;.<<. Adult Service. IIAlUlY E. HAIR 0IIlce M"JCoUectio.. Supvr. FTcbl"*"- ud Parole Officers II S. GARETH GRAHAM DAVID L !dYEllS . Probation and Parolc Officers ELIZABETH D. BAKER THOMAS A. BOYER DARBY L. CHRISTLIEB DENNIS M. DRACHBAR MICHAEL J. DUNSMORE A. KERRY GORMAN DEBORAH D. GRAEFF LYLE M. HERR CHARLES R. McKENRICK PAUL S. MEURON GREGORY S. MILLER SA."dUEL E. MILLER. JR. HENRY J. THIELEMANN MICHAEL D. VARNER COURT HOUSE P.O. BOX 592 CAlUJSLE. PENNSYLVANIA 17013 HAROLD E. SHEELY - Pfniclenl Judge GEORGE E. HOFFER. Judge EDGAR B. BAYLEY. JudGe KEVIN A. HESS, JudQ. February 23, 1990 - Richard C. Snelbaker 44 W. -Main Street Mechanicsburg, PA 17055 RE: Cory A. cormany 2068 Cr. 89 Dear Mr. Snelbaker, The costs in Cory's -case total $122.80. - This amount does not include restitution due the victiJl1, Tina Cormany. Tina submitted itemized damage estimates totalling $800.00 and did acknowledge a payment from the Cormany's of $500.00. That left the $300.00 balance that Judge Hess ordered as restitution. According to our records, Cory owes a total of $422.80 as a result of this offense. Sincerely, C-~M~. Lyle M. Herr Probation & Parole Officer LMH:dja , Tolepbocc Toll Fn. Adult Probation COIU/Fine. Shioeensbun (717)2<00-625' (717) 14G-621S 171'l531.12R~ Te-=pboac Juvmi1e Prob.tion AU: Procrams Toll FRe Well Shere (717) 1<00-626' (7171140-6210 <7 (7)697..1)]71 f' ,..--_u_ . ---- '::.1>10..:' ';, '--" ('.f.llf G~ .co,.. "'46~1't.: De. , .q ~I)q' "/ 'IJ()8lf cCI. .:;. ~'A. ~'?1- 7. S~.....s: ~~" (:'. .~ .: . -,-:; <.: H~'" .,~. O.j'Sef>i:. . . '.- : ~ . -~ . , ., ~.,; . .-:-l.. '''::-. .~ c~ t~J>:) 1 r"t '- ". o " T-,':- I j.. tl} I) ~' ..-; \"l3 .:::. - ;- r-_" -. '- :-:.. r-...:: --.1 (:{: I-'" ~ EXHIBIT c (7) , CUMBERLAND COUN1Y. PENNSYLVANIA PROBATION AND PAROLE OFFICE COURT HOUSE P 0 SOX 592 CARLISLE. PA. 1 :"(:, 1.3 December 10, 1990 Cory A. Cormany 602 West pennsylvania Avenue Downingtown, PA 19335 Mr. Cormany,. Based on on-going problems between you and Tina Cormany, and at her request as the victim in your current parole case, your parole conditions have been revised as follows: l~ You are to refrain from any and all contact with Tina Cormany outside of the set visitation hours on Saturdays and Sundays. This means you may not call her or write her or have anyone else call or write her at her place of employment or at her home. This condition will not prevent you from maintaining visitation rights already established by your respective attorneys, A violation of this. condition or any previously imposed parole conditions, will result in your being scheduled immediately .for a Court appearance at which time your parole may again be revoked. Please call me with any questions you may have. Sign the bottom portion, which simply acknowledges your receipt of this condition, and return it to me immediately. The copy is for your file. Sincerely, Lyle M. Herr Probation & Parole Officer LMHI clb ------------------------------------------------------------------ I uo.derstand this additional condition. Signed: Sign and return to: Lyle M. Herr, clo Cumberland County Probation, P.O. Box 592, Carlisle, PA 17013 Telephone Adult Probation Costs/Fines Toll Free ShippenSburg (717) 240.6255 (717) 240.6275 (717) 532.7286 Telephone Juvenile Probation OUI Programs West Shore . i7i 7) 240-6265 (717l24~.62BO (;17) 697-C371 Toll Free EXHIBIT D (8) . . ( RE: Attorney General U. S. District Court 228 Walnut Street Harrisburg, PA 17101 Defendant: Lyle Herr Samuel Coover Dirk Berry I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that at. or about April 16th, of the year 1986, and through and about a judgmental action, the above named defendant did commit the following crimes: 1) 901. Criminal Attempt - a person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime. -. 2) 2701. Simple Assault - a person is guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; or (3) attempts by physical menace to put another in fear of imminent serious bodily injury. . 3)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. 4) 2706. Terroristic Threats - a person is guilty of a misdemeanor of the fIrst degree ifhe threatens to commit any crime of violence with intent to terrorize another or cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. 5) 2709. Harassment - a person commits a summary offense when, with intent to harass, armoy or alarm another person: (1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same, or (2) he follows a person in orabout a public place or places; or (3) he engages in a course of conduct or repeatedly commits acts which alarm or seriously armoy such other person and which serve no legitimate purPose. 6) 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. 7) 2903. False Imprisonment - a person commits a misdemeanor of the fIrst degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. 8) 2906. Criminal Coercion - a person is guilty of Criminal Coercion if with intent to unlawfully 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. 9) 3105. Prompt Complaint - a prompt reporting of public authority is not required in a prosecution under this chapter: Provided, however, that nothing in this section shall be construed to prohibit a defendant from introducing evidence of the alleged victim's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence. 10) 3107. Resistance Not Required - the alleged victim need not resist the actor in prosecution 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. 11) 3126. Indecent Assault - a person who has indecent contact with another not his spouse, or causes such other to have indecent contact with him is guilty of indecent assault a misdemeanor of the second degree if: (1) he does so without the consent of the other person; (2) he knows that the other person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct; (3) he knows that the other person is unaware that an indecent contact is being committed; or (5) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him. 12) 4111. Fraud in Insolvency - a person commits a misdemeanor of the second degree if, knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made he: (1) destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; (2) knowingly falsifies any writing onecord relating to the. property; or (3) knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount or location which the actor could be legally required to furnish in relation to such administration. 13) 4114. Securing Execution of Documents by Deception - a person commits .a misdemeanor of the second degree ifby deception he causes another to execute any instrument affecting or purporting to affect or likely to affect the pecuniary interest of any person. 14) 4305. Dealing in Infant Children - a person is guilty of a misdemeanor of the first degree, if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children. . 15) 4501. Defmitions "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. 16) 4702. Threats and Other Improper Influences in Official or Political Matters - a person commits an offense ifhe: (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. 17) 5107. Aiding Consummation of a Crime - a person commits an offense if he intentionally aids another to accomplish an unlawful object of a crime, as by safeguarding the proceeds thereof or converting the proceeds into negotiable funds. 18) 5108. Compounding - a person commits a misdemeanor of the second degree if he accepts or agrees to accept any pecuniary benefit in consideration of refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information . . .I;i relating to an offense. 19) 5301. Official Oppression - a person acting or purporting to act in an 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 z:ights;. or (2) denies or impedes another in the exercise of enjoyment of any right, privilege, power or immunity. 20) 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 capacity and which has not been made public he: (I) acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; (3) aids another to do any of the foregoing. 901 - 1972, Dec. 6, P.I.;. 1482, No. 334, 1, effective June 6,1973. 2701 - 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. 2706 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2709 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2902 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2903 - 1972, Dec. 6, PL. 1482, No. 334, 1, effective June 6, 1973. 2906 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 3105 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 3107 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6,.1973. 3126 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4111 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6,1973. 4114 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4305 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4501 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4702 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5107 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5108 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5301 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5302 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. I, Cory Cormany, hereby verify that the facts set forth in the above are true and correct to the best of my knowledge or information and belief and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. Dated f,')./J,..c, f ad.- I I By C~Q ~ ory A. Cormany r--- : . , . INCIDENT REPORT Criminal Attempt: In that Lyle Herr, Samuel Coover and Dirk Berry did intentionally attempt to commit a crime substantial a Defendant or constitutional the Defendants. Simple Assault: In that the Defendants did knowingly and rec!dessly cause a person bodily harm by a physical menace which did cause an individual imminent fear, also useful a weapon: Recklessly Endangering Another Person: In that the Defendants did cause another person to be put in danger of death and serious bodily injury directional an engagement. Terroristic Threats: In that the Defendants did cause serious inconvenience reckless a violent intent substantial a public place. Harassment: In that the Defendants did repeatedly annoy and alarm an individual subjecting physical contact which did serve no legitimate purpose. Unlawful Restraint: In that the Defendants did support and expose another person to an involuntary servitude conditional a risk of bodily.' injury. False Imprisonment: In that the Defendants did knowingly interfere with the liberty of an individual substantial a policy. Criminal Coercion: In that the Defendants did unlawfully cause the restriction of a freedom contemptual the commission of a crime and accussive an official action and hatred. Prompt Complaint: In that the Defendants did construe the prosecution of an indecent evidence within ,a timely requirement. Resistance Not Required: In that the Defendants did introduce evidence consensual a questionable conduct and reliable a victim. Indecent Assault: In that the Defendants did appraise a course of conduct capable an indecent contact, that did cause a nonconsensual supervisory disciplinary authority to impair another person substantial the prevention of a resistance and ,a custody. Fraud in Insolvency: In that the Defendants did institute the misrepresentation and appointment of a required fund otherwise beneficial a creditor, and did obstruct a relative information entitled an administrative composition factual a rental property, and liable an existing location encumbersome a claim and submissive a legality. Securing Execution of Documents by Deception: In that the Defendants did affect or purport the pecuniary interest of a person likely a deceptive instrument. Dealing in Infant Children: In that the Defendants did barter in a humanity that did affect a buying and selling of a custody arrangement concerning an infant child. Defmitions "Harm": In that the Defendants .did take advantage of a person whose welfare they were interested. Threats and Other Improper Influences in Official or Political Matters: In that the Defendants did influence a person intentional a recommendation and unlawful a discretionary vote. Aiding Consummation of ,Crime: In that the Defendants did intentionally aid one another to accomplis,h an unlawful objective negotiable a public fund. Compounding: In that the Defendants did accept pecuniary benefits in consideration of refraining to report or represent . , ., ",' '-," the suspected commission of a relative offense. Official Oppression: In that the Defendants did purport an official capacity subjective an illegal conduct that did deny and impede another in the exercise of a right and enjoyment; powerful a detention, search, seizure, mistreatment, dispossession and assessment. Speculating or Wagering on Official Action or Information: In that the Defendants are public servants and did contemplate a govemmental action reliant an information, and did acquire pecuniary interests in property and transactions intentional the case term 1:CV-95-0844 and the docket files NT-187-00, NT-188-00, NT-189-00, . NT-190-00, NT-205-00, NT-748-00, NT-770-00 and NT-839-00 proceeding CR- .574-01 and the case numbers 97-0174 and 01-2091. I petition that a warrant of arrest or a summons be issued and that the Defendant be required to answer the charges I have made. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. .Q('J.(.JC?~ I Dated CG~ ',j Signature ' ~u kr,} Dated =*.! h,( I) 4WfL . SigIl'ature Nolarial Seal Helen D. Snegd. Notary Public Middlesex Twp.. Cumberland Counry My Commission ExPires June 24, 2002 Member, Pennsylvania Association at Notaries . . AFFIDAVIT On April 16, 1986, I, Cory A. Cormany, did recognize a criminal complaint, problematic an episode and an incident, to Mr. Lyle Herr regarding an alleged altercation said to have occurred in the Borough of Carlisle. Pursuant thereto my acknowledgment, and relevant therein my recognition, the Defendant Lyle Herr did petition the courts of the common pleas, despite my assertive well being, non justifiable the commission of a crime. The Defendant did state that I had violated a local law, contrary to my due process rights, and did circumvent a detention powerful a constitutional dilemma and the outcome of a trial. - Proceeding and prescient the aforementioned circumstance; I was probated and accused a resolution consensual a timely engagement, and was subjected a series of. tests that could in no way be responsive a positive outcome. The Defendant Lyle Herr did lie on several occasions, and did also appraise-. me applicative an assessment causing me fear, harm and endangerment relative a weapon, and a confmement. On March 28, 1989, I, Cory A. Cormany, did once again recognize a criminal complaint, debatable a traffic offense, to Mr. Lyle Herr regarding an alleged driving under the influence of alcohol said to nave occurred in Upper Allen Township. Again pursuant thereto my acknowledgment, and relevant therein my recognition, the Defendant Lyle Herr did petition the courts of the common pleas, despite my assertive well being, brutal the commission of a crime. The Defendant did state that I had violated a local law, contrary to my due process rights, and did endorse a mistreatment suppressive a constitutional dilemma and the outcome of a trial. Preceding and pursuant the aforementioned situation; I was probated and annoyed an accomplishment, nonconsensual a child custody arrangement, and was subjected a pecuniary action reliant an information, and a series of transactions proprietary a right, and contemptual an official hatred. The Defendant Lyle Herr did alarm me and did interfere a risk of bodily injury conditional an involuntary servitude substantial a liberty, and a timely reconciliation. On October 1, 1989, I, Cory A. Cormany, did remand a domestic incident significant my ex-wife, to Ms. Tina Cormany argumentative an alleged trespass said to have occurred in the North Middleton Township. Prior therein my petition, and prescient thereto my advisory, the Defendant Lyle Herr did conversate with Ms. Tina Cormany informing her that she should leave me because I drank and drove an automobile. The Defendant did litigate a stipulated response unlawful a restricted time span, and did seriously inconvenience both my ex-wife and myself ( sufficient a document, and deceptive an official action. The Defendant Lyle Herr did detain and influence both Ms. Tina Cormany and myself intentional a recommendation and political an opinionated vote, costly a careful situation and circumstance. Mr. Lyle Herr is alleged to be a Probation Officer or Supervisor in the Cumberland County. On February 23, 1991, I, Cory A. Cormany, did presume a visitation agreement, consensual my ex-wife, to Mr. John Adams questionable an alleged altercation said to have. occurred in the Borough of Carlisle. Prior therein my consent, and pursuant thereto' my employment, the Defendant Lyle Herr did obstruct an evidence deceptive Ms. Tina Cormany and informative a statement submissive an official action, and speculatory. a negotiable ftmd. The Defendant did again litigate a stipulated response unlawful a restricted time span, and did seriously risk bodily injury prescient a privilege and a right credited a property. The Defendant Lyle Herr did acquire a pecuniary interest in both my ex-wife and myself powerful the reported commission of a crime and considerate the buying and selling of a humanity. Mr. John Adams is alleged to be a Convicted Drug Dealer or User in the Cumberland County. On February 19, 1995, I, Cory A. Cormany, did submit a criminal complaint, compliant a hospitalization and an affair, to Mr. Samuel Coover allegary a said commitment to the Cumberland County Prison. Prescient thereto my intentions, and relevant therein my imprisonment, .the Defendant Samuel. Coover did supervise an authority reckless a conduct that did cause bodily injury . and indecent resistance punctilious a prompt response. The Defendant did provide weapons and instruments that did cause and do inflict serious bodily harm factual a freedom, and unlawful a liberty, proceeding the outcome of a trial constitutional an involuntary servitude. Proceeding and prescient the aforementioned circumstance; I was probated and pursued a resolution nonconsensuaI- an adoption term case number 64; that was subjected a negative outcome responsible an official action. The Defendant Sarnuel Coover did direct and implement detention and assessment exposing and threatening physical conduct which did serve no legitimate purpose evenditiary a video tape, and influential an illicit threatening propaganda. On June 21, 1997, I, Cory A. Cormany, did once again remand a criminal complaint, sadistic a treatment, to Mr. Samuel Coover important a said commitment to the Cumberland County Prison. Prior thereto my arrest, and pursuant therein my recognition, the Defendant Samuel Coover did once again exercise an'authority influential a conduct that did cause bodily harm and indecent resistance truthful a prompt consideration. The Defendant did again unlawfully supervise an outcome that did expose and subject me to serious bodily injury, factual a freedom and suspicious a liberty, proceeding the issues of a trial . . constitutional an involuntary servitude. Preceding and pursuant the aforementioned situation; I was brutalized. and impeded an accomplishment relative the commission of a crime. The Defendant Samuel Coover did procrastinate and wager a series of incidents which did dispose and infringe a prejudicial action malicious a local law. Mr. Samuel Coover is alleged to be a Training Specialist or Supervisor in the Cumberland County. On July 24, 2001, I, Cory A. Cormany, did. order a summary hearing, significant an appeal, to Mr. I;>arrell Dethlefs capable an alleged action said to have occurred in the Borough of Carlisle. Prior therein my commitment, and pursuant thereto my detention, the Defendant Samuel Coover did collaborate and conspire with a C. O. Frank Teaney, and did harass me threatening the evacuation and unlawful transportation of my person consistent a physical contact on October - 2, 2001,-in Cumberland County Prison. I was restrained and subjected servitude and assaulted prescient and pursuant to September 12, 2001, and again seriously.. , annoyed and alarmed. The Defendant did concur an official ramification costly a civil action preparatory the common pleas court; criminal case term number 01- 0494, which did terrorize me affectionate a loss and a disadvantage. Pursuant such contemplation I was searched and denied my property rights relevant an information and several pecuniary transactions, safeguarding a Ms. Marcia Kuhn and the said; Mr. Darrell Dethlefs, whom did officially misrepresent me considerate a Mr. Dirk Berry. . Mr. Darrell Dethlefs is 'alleged to be a Public .Defender or Attorney in the Cumberland County. Ms. Marcia Kuhn is alleged to be an Accounts Officer or Accountant in the Cumberland County. On December 7, 2001, I, Cory A. Cormany, did once again order a summary hearing, objectional an appeal, to Mr. Dirk Berry reportorial an alleged incident said to have occurred in Middlesex Township. Pursuant thereto my acknowledgment, and relevant therein my commitment, the Defendarit Dirk Berry did inform me that criminal elements concerning the offenses defined did not matter and were irrelevant to the disposition of a hearing petitioned bya Ms. Paula Correal. The Defendant did state that the aforesaid matter would be bound over to a higher court and did litigate a common pleas court case term number 01- 0432. Proceeding and prescient the aforementioned documentation; I was not notified of a future release date from prison, nor petitioned aware of such said factual case term numbers, nor serviced and summoned knowledgeable a . scheduled Formal Arraignment or said Charge. I had pursued a "Legal Service", relevant a child custody matter, allegory hereto and prior the aforementioned. The Defendant Dirk Berry did inform me pursuant January 25, 2002, that I was serviced circumstantial a case term number 01-2536 and charged with resistipg arrest in light of a previous numeric deception, or mistake, and a said; summary acquittal. During or about the aforesaid ramification the Honorable Judge Guido of the Cumberland County Courts allegedly posted a bail imposition, and did schedule a pre-trial and trial for matters documented in the Common Pleas Court of Pennsylvania. Mr. Dirk Berry is alleged to be a Public Defender or Attorney in the Cumberland County. Ms. Paula Correal is alleged to be a District Justice or Magistrate in the Cumberland County. I, Cory A. Cormany, on this r9L..\-1--. day of r:- G\crvr~. , of the year 2002, do hereby swear as a citizen and a voter of the Co~onwealth of the . United States that the above facts are true and correct to the best of my knowledge _ and belief. r:'1b (J. ~J~ ~ ory A. Cormany " ~6 /rJ;) Dated r--;(/Ju.- t9 4~ Fl Witness Notarial Seal He!en D. Sneed. Notary Public Mlddlesax Twp., Currberland County My Commission Expires June 24, 2002 Member, Pennsylvania Association of NotarieS , . . EXHIBIT E (9) OR1G\NP~L AO 440 (Rev. 10/93) Summons in a Civil C.... United States District Court MIDDLE DISTRICT OF PENNSYLVANIA SUMMONS IN A CIVIL CASE Cory A. Cormany CASE NUMBER: 1: CV-04-454 v. Jeffrey W. Rudolpb... To: (Forlhe name and address of de/endant(s): (SEE COMPLAINT) YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S A TIORNEY (name and address) Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 (717) 243-5287 an answer to the complaint which is herewith se;ved upon you, within20 (Twenty) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service. MARY E. D'ANDREA. Clerk DATE/lJ'b..td ~ d~ , g...#~;.. pu lerk , . IN THE UNITED STATES DISTRICT COURT FOR THE 11IDDLE DISTRICT OF PENNSYLVANIA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - LAW JEFFREY W. RUDOLF JUDGMENT DEMANDED ~~cv o fl. = 0:;,'::' 454 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 clairn 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 U.S. District Court 228 Walnut Street Harrisburg, P A 171 0 1 , . . IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA THE COMMONWEALTH OF PENNSYL VANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - LAW JEFFREY W. RUDOLF JUDGMENT DEMANDED PETITION AND NOW comes, Cory A. Cormany, Plaintiff; and sets forth causes of action against the above named Defendant, whereas the following is a statement: 1. Plaintiff is Cory Cormany, an adult individual residing in the Cumberland County Community, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey Rudolf, an adult individual residing m the Cumberland County Community, Cumberland County, Pennsylvania, 3. The plaintiff is previously employed through Hess Corp. of Carlisle, Cumberland County, Pennsylvania. He is a taxpayer and registered voter of North Middleton Township, 4. The defendant lS employed through North Middleton Police Department of Carlisle, Cumberland County, Pennsylvania. He is an officer and captain of North Middleton Township. (1) 5. Plaintiff Cory Cormany is a high school graduate in attending Boiling Springs High School. He is also academically achieved through a Bachelor of Education Program at the Pennsylvania State University as of the year Nineteenhundred and Ninetythree, and is enrolled-partly in a Master of Economics Program through the Penn State Dickinson Campus of Carlisle as of the year Nineteenhundred and Ninetynihe, Cumberland County, Pennsylvania. 6. The subject matter is a criminal conviction sustained in the Court of Common Pleas Cumberland County, it is substantial a second degree felony and defaces prima facia cause. 7, Mr. Jeffrey Rudolf is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Criminal Term Case No, 89-2068. 8. Mr, Cory Cormany is said to be convincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Criminal Term Case No. 89-2068, 9. Mr. Lyle Herr is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Crim.inal Term Case No. 89-2068. 10, On October 1st, of the year 1989, the defendant is said to have apprehended the said; plaintiff, pursuant the Court of Common Pleas Cumberland COlll1ty, Pennsylvania, (2) , . 11. On October 29th, of the year 1995, the plaintiff is said to have filed petition pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 12. The Defendant Jeffrey Rudolf is said to have arrested the Plaintiff Cory Cormany, and is said to have investigated the incident, in question, respectfully submitted exhibits A through E. WHEREFORE, the Plaintiff; Cory A. Cormany, claims from the Defendant; Jeffrey Rudolf, full responsibility, considerate the commonwealth, at which time the clerk of courts shall quash expungement. (3) . . VFRTFTCATTON I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Petition against Mr. Jeffrey Rudolf are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn verification to authorities. Dated ~/~/D~ 7 I By ~OC- - r Cory A. Cormany Wim~' ~-7 By ~'j1;;{7fi~r Notary Je01....uL IUI. -:::.Q.I\'t 1IJol~IlOTAIlY-..c ..., ...,...., - . ...... c..r .... ......-..- (4) . . EXHIBIT A (5) /' r J. MICHAEL EAKIN DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6210 (717) 897-0371. Ex\. 8210 (717) 532'7288. Exl. 8210 February 2, 1990 Cory A. Cormany Cumberland County Prison Carlisle, PA 17013 RE: COMMONWEALTH V. CORY A, CORMANY 2068 Criminal 1989 Charge: ICI Criminal Trespass Dear Mr. Cormany: You are hereby notified to appear in Court Room No.1, Fourth Floor, Cumberland County Cou~t House, Cqrlisle, Pennsylvania, on Tuesday, February..3, 1990 at 9:3U o I clock A.M., before the Honorable Judges of said Court, at which time matters pertaining to the above case will be heard. <- -l Ver For sentence. J. Michael Eakin District Attor~ey ce: File Richard Snelbaker, Esquire Cpt. Jeffrey Rudolph Lyle Herr, P.O. . . RE: District Attorney C~~berland County Court House Square Carlisle, Pa. 17013 Defendant: Stephen L. Margeson, the Administration and Staff of the Carlisle Police Department I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that in and about the actions and incidents stated herein, and through and about a judgment stated hereto, the above named defendant did commit the following crimes. 1) 2) 3) , 4) 5) 6) 7) 902. Criminal Solicitation - a person is guilty of solicitation to commit a crime with the intent of promoting or facilitating its commission he commands, encourages or requests another person to engage,in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission. 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. 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 dan~er of death or serious bodixy injury. 2709. Harassment - a person commits a summary offense when,with intent to harass, annoy or alarm another ,person: (1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same; or (2) he follows a person in or about a public place or places; or (3) he engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. 2902. Unlawful Restraint - a person commits a misdemeanor of the first degree if he knowingly: (+) restrains another unlaWfully 1n circumstances exposing him to risk of serious bodily injury; or (2) holds another in a condition of involuntary servitude. 2903. False Imprisonment - a person commits a misdemeanor of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. 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) co~mit 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 off~cial, or cause an official to take or withhold action. 8) 3923. Theft by Extortion - a person is guilty of theft if he intentionally obtains or withholds property of another by threatening to: (1) commit another criminal offense; (?) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt or ridicule; (4) take or withhold action as an official, or cause an official to take or withhold action; (5) bring about or continue a strike or boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; (6) testify or provide informa'tion or wi'thhold testimony oi information with respec't 'to the legal claim or defense of ano'ther; or (7) inflict any other harm which would not benefit the actor. 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. 10) 5101. Obstructing Administration of Law or Other Governmental Function .- a person cOmIni ts a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any unlawful act, except that this section does not apply to flight by a person charged wit~ crime, refusal to submit to arrest, failure to perform legal duty other than official- duty, or any other means of avoiding compliance with law without affirmative interference with governmental ,function. 11) 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. 12) 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 govern~ental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public he: (1) acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official ac'tion; (2) speculates or wagers on the basis of such information or official action; or (3) aids another to do any of the foregoing. 13) 5726. Action for Removal from Office or Employment - any ~ggrieved person shall have the right to bring an action in Commonwealth Court against any investigative or law enforcement officer, public official or public employee seeking the officer's, official's or employee's removal from office or employment on the grounds that the officer, official or employee has intentionally violated the provisions of this chapter. If the court shall conclude that such officer, official or employee has in fact intentionally violated the provisions of this chapter, the court shall order the dismissal or removal from office of said officer, official or employee. .902 - 1972, Dec. 6, P.L. 1482, No. 334. 1, effective June 6, 1973. 2504 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2705 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2709 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2902 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 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. 3923 - 1972, Dec. 6, P.L. 1482, No. 134, 1, effective June 6, 1973. 4114 - 1972, Dec. 6, P.L. 1482, No. 334, 1 effective June 6, 1973. 5101 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1971. 5301 - 1972, Dec. 6, P,L. 1482, No. 334, li effective June 6, 1973. 5302 - 1972, Dec. 6, P.L. 1482, No. 334, 1. effective June 6, 1973. 5726 1978, Oct. 4, P.L. 831, No. 164, 2, effective in 60 days. 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 statement. 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 ;J.( d.. '1./ 0 .~ By COG. C~ Cory A. Cormany SWORN STATEMENT 1. On or about June 25, 1985, during the late morning hours, the Plaintiff, Cory Cormany, was walking from the PX Center, at the Army War College, along the first block of West Louther Street with an associate in the Borough of Carlisle. 2. At or about the aforesaid date and time the associate, Thomas Hoon, was abruptly and di,ectly stopped by the Defendant David Fones, a member of the C.P.D., being said he was allegedly carrying an unopened case of Budweiser Beer. 3. Proceeding the alleged confrontation stated in the aforesaid statement the Defendant did inform Thomas Hoon, that; he was going to take the unopened case of Budweiser Beer, that he was to be carrying and; that, he could then be on his way. 4. After and about the time the-_Defendant....Day.id_ Fones did announce that he was going to take the property, mentioned in the aforementioned statement, the Plaintiff Cory Cormany did then deny him the privilege to proceed, having had payed for the product at the Army Post. 5. At or about the aforesaid date and time the Plaintiff did retrieve and take up his unopened case of Budweiser Beer, off the sidewalk, and proceeded to walk west on the Louther Street Sidewalk towards his place of residence. 6. Proceeding the actions taken in the aforementioned statement the Defendant David Fones did tackle, punch, and scratch the Plaintiff Cory Cormany in the face, abdomen, arms, and leg areas, then did bondage him and turn him over to other members of the C.P.D. whom did continually brutalize him and allegedly arrested him. 7. The Plaintiff did sustain numerous scratches and bruises and was scared under his nose during the aforesaid deprivation period, and was verbally instructed in contradiction as to what to do and expect by the Defendant and his associates, pursuant transportation to ~n elementary school. 8. The Plaintiff Cory Cormany asserts he was not informed of his due process rights during and throughout the Defendant's actions, however was arraigned before a District Justice and the unopened case of Budweiser Beer returned to him, and asserts that his associate, Thomas Hoon, was not allegedly apprehended or detained. 9. In and about or pursuant 1986, during the late evening hours, the Plaintiff, Cory Cormany, was walking through a church parking lot while returning home from a party at a friend's house in the Borough of Carlisle. 10. At or about the aforesaid date and time the Defendant David Fones, a member of the C.P.D., did pull an automobile adjacent to the Plaintiff's foot-path and did step out of the machine addressing him by name; while turning on the overhead emergency lights and drawing attention to his sidearm. 11. Preceding the aggressive and intimidating actions and behavior demonstrated in the aforementioned statement the Plaintiff Cory Cormany did stop walking, and did turn to the Defendant in question; in response to the calling of his name. 12. After and about the time the Defendant David Fones yelled the Plaintiff's name he did quickly approach him and began pushing him in the stomach and chest area, aSking him what he had and what he thought he was doing, almost knocking him to the ground. 13. At or about the aforesaid date and time the Plaintiff Cory Cormany did turn about, from the Defendant's position, and did proceed quickly off running in the opposite direction of the 'aggression described in the aforementioned statement in fear of life and limb. 14. Prior to the Defendant David Fones claiming the Plaintiff had been smoking marijuana,and prior to him bondaging him and allegedly or intentionally pushing at him yelling obnoxiously loud verbal commands or endangering his life or limb, the Defendant did apprehend him, 15. The Plaintiff was channeled and detoured, then prevented from going home, while the Defendant did almost run him over with an automobile and did pursue and throw him over the hood of the auto- mobile to the roadway, accompanied thereto by several other associates and the uses of firearms and bondage devices. 16. The Plaintiff Cory Cormany did again sustain numerous scratches and bruises and was alleged to have been drinking beer, being said he was to be in possession of an unopened can of Budweiser, however was arraigned before a District Justice and then released under bail imposition after never having been marandized or instructed as to the wants and demands of those individuals involved, and was imprisoned. 17. On-or about October 1, 1989, during the early morning hours, the Plaintiff, Cory Cormany, was allegedly apprehended, restrained and subdued in his place of residence in North Middleton Township. 18. At or about the aforesaid date and time a colleague of the Defendant Jeffery Rudolf, an associate of the C.P.D., did transport the Plaintiff Cory Cormany to the North Middleton Police Department after responding to a verbal complaint made by, the Plaintiff's wife's .mother; whom resided in the Borough of Carlisle at that time. 19. Prior to the report described in the aforementioned statement the Plaintiff was alleged to said to have a severe~ head injury, and to have broken several items in the place of residence described, claiming it was because his wife was out all night possibly with another man. 20. Proceeding the actions taken in the foregoing the Defendant Jeffery Rudolf reported to the North Middleton Police Station that morning and did dispose of a summary issue 'concerning criminal mischief, pronounced by his colleague, and did transport the Plaintiff Cory Cormany back to his place of residence. 21. After and about the time the Defendant did drive the Plaintiff back to the North Middleton Residence he did then speek with the Plaintiff's wife, and her mother, instructing him to wait in fhe automobile in which they arrived. 22. Proceeding the communications directed in the aforesaid statement, and the arrival of the Plaintiff's mother-in-law, the Defendant Jeffery Rudolf did inform the Plaintiff Cory Cormany that he was going to be arraigned before a District Justice and probably committed to prison, after checking his criminal record. 23. The Plaintiff was advised and told that he was not allowed back into his place of residence that he had leased and contributed money towards, and was transported to Cumberland County Prison proceeding formal judiciary matters circumstantial a parole situation and detrimental a corroborated detainment. 24. The Plaintiff Cory Cormany did confer with his wife pursuant the issues stated within; and was threatened out of house and home by .the Defendant, without warrant or miranda warnings, his wife was physically and emotionally coerced and intimidated into testimony and financial despaIr, and both were judiciously and criminally interrogated before they were permitted to return home. ~5. On or about February 23, 1991, during the early evening hours, the Plaintiff, Cory Cormany, was allegedly apprehended, restrained and subdued outside of an apartment complex, located in the Borough of Carlisle. 26. Prior to the aforesaid date and time the Plaintiff was involved in a physical confrontation regarding the uses of illegal narcotics, and the confirmed visitation of his said minor child, at his ex-wife's place of residence. 27. Proceeding the altercation litigated in the aforesaid statement the Plaintiff Cory Cormany had been attempting to envelope a visit with his said daughter during his established visitation times, however was side tracked by the attentive indulgences of his ex-wife's boyfriend, and the custody arrangements set forth between her and her mother. 28. At or about the aforesaid da~ and time the Defendant Brent Griest, a member of the C.P.D., was summoned by a Police Dispatcher because of the actions involved the Plaintiff and an identified individual named John Adams, and his alleged girlfriend's emergency phone message. 29. The Plaintiff did submit to the implications set forth by the assailant John Adams, noting his assertive denial regarding communication, and was not able to verify the uses of illegal narcotics at the time of the aforementioned confrontation on the account of his inability to establish a miranda, precarious the relationship between him and his ex-wife. ~30. The 2laintiff Cory Cormany did sustain numerous scratches and bruises ~nd was transported to the county prison pending a parole stipulation, applicative an arraignment procession before a District Justice, and did file a grievance and did not achieve his visitation objective prescient the event in common. 31. On or about June 10, 1992, during the middle afternoon hours, the Plaintiff, Cory Cormany, was arguing with his ex-wife, then pursuant thereto was taken and coaxed into custody and served with an affidavit in the first block of East High Street in the Borough of Carlisle. 32. At or about the aforesaid date and time the Plaintiff Cory Cormany was arraigned before a. District Justice, and was committed to the county prison, proceeding a warrant of arrest and other factors included his due process rights pertinent to the importance of the criminal code. 33. Prior to the incident implemented in the aforementioned statement, the Plaintiff was implicated regarding his ex-wife pursuant therein custody times and places instantaneous their minor child, relevant working and social hours, family members, and careless her boyfriend's actions and solicitations, and the Defendant Karen Finkenbinder, a member of the C.P.D. , 34. The Plaintiff Cory Cormany was subjugated imprisonment and distress, and did write letters announcing child rearing problems to several local agencies and figureheads, along with verbal complaints before and after the issues stated within, and did additionally accuse his ex-wife's boyfriend of mOlesting his minor child contentional a forthright fact. 35. On or about November IS, 1994, during the early afternoon hours, the Plaintiff, Cory Cormany, was serviced and legally detained after attending a summary heariqg at a district magistrate's office in the Borough of Carlisle. 36. At or about the aforesaid date and time the Plaintiff was arraig~ed and committed to Cumberland County Prison relevant the Defendant Kenton McCoy, a member of the C.P.D., and the Defendant J.J. Sancenito, an associate of the C.P.D., he was allocated with criminal offenses. 37. The Plaintiff Cory Cormany was judiciously and criminally processed in a court of law, and represented by and through an attorney, and did negotiate a situation and a circumstance important an official action, costly a duress and a justifiable dilemna. 38. On or about February 19, 1995, during the late evening hours, the Plaintiff, Cory Cormany, was sleeping in his bed at his place of residence when he was abruptly and unnecessarily aggressed upon in the Borough" of Carlisle." 39. At or about the aforesaid date and time the Plaintiff was hospitalized and processed to county booking relevant the Defendant Larry Kell, a member of the C.P.D., and the Defendant Ronald Egolf, an associate of the C.P~D., he was allocated with criminal offenses. 40. The Plaintiff Cory Cormany was judiciously and criminally accused in a court of law, and represented by and through an attorney, and did interpret a situation and a circumstance important an official action, costly a property and a probable anguish. , 41. On or about September 6, 1996, during the middle night hours, the Plaintiff, Cory Cormany, waS forcibly restrained and bondaged, then serviced with an affidavit at his place of residence in North Middleton Township. 42. At or about the aforesaid date and time the Defendant David Tilden, a member of the C.P.D., did break open a screen door, accompanied by several unidentified individuals, and did push the Plaintiff's mother into a wall, knocking a planter vase from a table, then proceeded to enter the aforesaid residence: 43. Proceeding the actions stated in the aforementioned statement the Defendant alleged that the Plaintiff Cory Cormany had assaulted _ a femal~ acquaintance at her place of residence, earlier the day before,- in the Borough of Carlisle; whom did later recant such propaganda to the State Representative Gabaig of the 199th Legislative District. 44. The Defendant David Tilden did pummel ~nd grapple the Plaintiff out of his house and home and into an automobile, and did transport him to a building, against his free will, located at 53 West South Street in the Borough of Carlisle, for the purpose of imprisonment, 'and arraignment before a District Justice. 45. The Plaintiff Cory Cormany did suffer scratches and bruises along with property damage, as a result of the foregoing incident, and was later informed that the alleged bruises around the eyes described and shown on the said victim, or female acquaintance, was caused by the removal of her teeth, displaying three infected mollars during the due process. 46. At or about June 21, 1997, during the early evening hours, the Plaintiff, Cory Cormany, was throwing away some trash in a trash dispenser, after being invited over to a friend's apartment in the Borough of Carlisle. 47. At or about the aforesaid date and time the Plaintiff was attacked and bondaged, then put in a police holding cell ident~fied within 53 West South Street at Carlisle, and proceeding thereto he was removed from the said holding cell and criminally charged, then returned to the said holding cell and summoned and arraigned. 48. Prior the events applied in the aforesaid statement the Defendant Shane Cohick, a member of the C.P.D., and other associates, exercised discretion, the Plaintiff Cory Cormany did file a civil matter on behalf of his friend Tracy Gibson and himself in the Court of Common Pleas of Cumberland County Case No. 96-4435. 49. The Plaintiff Cory Co~many was judiciously and criminally tried in a court of law, and represented by and through an attorney, and did confirm a situation and a circumstance important an official action, costly an employment and a constitutional conflict. 50. On or about October 2, 2001, during the daytime working hours, the Plaintiff, Cory Cormany, was incarcerated at the Cumberland County Prison when he was accused of criminal offenses having allegedly occurred in Middlesex Township. 51. At or about the aforesaid date and time the Plaintiff was attacked and bondaged, then put in a prison holding cell identified within 1101 Claremont Road at Carlisle, and preceding therein he was committed to prison for summary issues and criminally charged, then ordered about submissive a policy and petitioned and arraigned. 52. Proceeding the ramifications dictated in the aforesaid statement the Defendant Mathew Kennedy. a member of the C.P.D.. and district . attorney, corroborated incident, the Carlisle Police Department did file a criminal matter on behalf of the Plaintiff Cory Cormany and themselves in the Court of Common Pleas of Cumberland County Case No. OI-J.09 L. 53. The Plaintiff Cory Cormany was judiciously and criminally accused in a court of law, and represented by and through an attorney, and did interpret a situation and a circumstance important an official action, costly an imprisonment and a discriminative fact. 54. The Defendants did cause a reasonable suspicion of doubt. ----.-----.--..-..--.- .-- deliberate a requisite criminal intention, and political the solicit allegations enstated during and throughout the eventful occasions defined, wherein the Plaintiff Cory Cormany feels victimized as an individual residence of the Commonwealth of Pennsylvania. 55. The Plaintiff has suffered and sustained injury, abusive and negligible treatment, stressful and constant condemnation punishible other faults and prejudices involving also the uses of firearms, wherefore additional filings include a Defendant John Adams, John Porter, Terry Darr, Greg Deihl, Paul Green, Maswadeh Arafat and associates, Frank Teaney, and a Detective Franks of the Cumberland County. 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. rJ-j~t~) Witness Cr(].C.~ Cory A. Cor y Da ted jolk.; t J I ' ~l~~~ _ _/fa'SOOI --.Dr Sneed. Nora,y Public: MrComm' ,..,.c~_COUtlIy lS$lon Explres Ju~ 24. 2002 Member. Penr1Sylvama Assoctatson Of Notanes EXHIBIT B (6) ~ " SNELBAKER B ELICKER A ""O.ISSlOHAL c:oJU'OllAnow ^TTOJU-lEYS AT LAW 44 waST' MAIN STJl.E.2T JUCHAlU) C. SNELJlAK!ll. E. kOa!~i !UCK.E1It., D CH-^lU.ES D. VANCE, JR. JC.!lTH O. BJl.!'NNEMA.'l MEC~NICSllURG. PENNSYLV^~I^ 17055 P. O. BOX 318 FAC3IMIL! (717) 597.7881 717- 897- 8528 January 9, 1990 Mr. Cory A. Cormany Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Dear Cory: This will bring you up to date with the scheduling of your case. As you know, a plea of "not guilty" was entered in the formal arraignment on January 2, 1990. We did this in order to obtain some negotiating room with the District Attorney in anticipation of some type of plea bargained disposition. In the meantime, I have received a telephone call from the District Attorney indicating that his office would be willing to accept a plea to the burglary charge in satisfaction of all charges. This is merely an offer and will be the subject of discussion at the pretrial conference mentioned below. It is the District Attorney's practice under these circumstances to make a proposal for a plea bargained disposition in the hope that the case can be resolved short of a trial. He has "opened the door" to further discussion and negotiation. We have also been advised that a pretrial conference will be held with a JUdge on Tuesday, January 16, 1990 at 11:00 A.M. At that time, discussions will be held as to matters which would be nbrmally encountered at a formal trial, together with an opportunity to further bargain for a disposition of the case. Prior to. that conference, I intend to meet with you at the Prison in order to discuss various options. As we discussed at the time of the preliminary hearing in the District Justice's office, there is very little point in planning for a formal trial. In a trial, the defendant takes a position that he is not guilty of the offenses charged and is required to force the prosecution to prove a case against him with an opportunity to defend. There would seem to be little purpose in going through such a procedure in tbis matter. SNELBAKER 8 ELICKER Mr. Cory A. cormany January 9, 1990 Page 2 However, the door remains open to do so. In the meantime, we need to think about a disposition by possible plea bargain. I have explained to the District Attorney about your background, my involvement and the support given by your parents. I have also mentioned Dr. Coslett (who is out of town until January 15) and indicated his willingness to continue some sort of supervision. As of this writing, I have not had an opportunity to talk to Lyle Herr, although I desire to do so prior to the confer~nce scheduled for next week. My schedule is not yet completed for the rest of the week; however, I hope to visit with you on or before Friday, January 12. Snelbaker RCS:pjt cc: Dr. and Mrs. Robert Cormany EXHIBIT c (7) CUMBERLAND COUNTY PUBLIC DEFENDER 1 Courthouse Square. Carlisle, Pennsylvania 17013-3387 Defenders: TAYLOR P. A.'iDREWS, Esq., Chief ELLEN K. BARRY, Esq. SCOTT D. MOORE. Esq. ARLA M. WALLER. Esq. TIMOTHY L. CLAWGES, Esq. H. ANTHONY ADAMS, Esq, RON TURO. Esq, (717) 240-628' from Harrisburg, 697.0371 from Shippensbura. '32.7286 November 26, 1991 Cory Cormany Cumberland County Prison Dear Cory: r recently received a copy (or original?) of your Motion for Post Conviction Collateral Relief involving the case for which you were sentenced in February 1990. We do not represent prisoners in PCRA Petitions until we are appointed to do so by the Court. I cannot determine from the paperwork which you sent to me if this matter has yet been docketed or if the Court has yet appointed you an attorney. I question whether the petition which you have fashioned will obtain any relief for you. However, once it is docketed, you should have an opportunity to confer with appointed counsel. TPA/r Encl. , JOHN H. BROIJJOS HUBERT X. GILROY CHRISTOPHER. C. HOUSTON BROUJOS, GILROY 8 HOUSTON, P. C, ATTOR.NEYS AT LAW 4 NORTH H^NOVER. Sl"UET CAR.LISLE. PENNSYLVANIA 17013 717-243-4574 NON- TOLL fOIt. HAJUUSBUllC AREA: 717-766-le90 f^X: 243.8227 November 18, 1991 Mr. Cory A, Cormany Cumberland County Prison 1101 Claremont Road P, 0, Box 820 Carlisle, PA 17013 Dear Mr. Cormany: please be advised that I have been Court appointed to represent you on a PCRA Petition which you have filed. I will, hopefully, be out to see you in the very near future to discuss the specifics of your Petition. It is my understanding that a hearing has'been scheduled for January 13, 1992, at 10:00 A.M., at which time testimony can be presented to substantiate your allegations. In the meantime, if you have any questions, please do not hesitate to contact me. kb JOHN H. BROUIOS HUBERT X. GILROY CHlUSTOPHER C, HOUSTON BROUJOS, GILROY B HOUSTON, P. C. ATTORNeYS AT LAW 4 NOflTH H^'NOVER. STIUET CARLISLE, PENNSYLVAN~ 17013 717-243-'4574 NOW- TOLL Fe"- H.U.JUSBUR.C AREA: 717.7ee.1890 FAX: 243-8227 November 26, 1991 Mr, Cory A. cormany 1887 Douglas Drive Carlisle, PA 17013 Dear Mr. cormany: I understand that you have been released from prison. Would you please contact my office for purposes of scheduling an appointment to review the Petition that you have filed. I have received a copy of it, ~ Christophef C. Houston kb BROUJOS, GILROY 8 HOUSTON, p, C, ATTOIlNEYS AT LAW JOHN H. BIlOUJOS HUBER.T X. .CILIlOY CHR.lSTOPHEIl C. HOUSTON 4 NOR.TH HANOVER. STREET CAIlLlSLE, PENNSYLVANIA 17013 717-243-4574 NON- TOL.L fOR. HAIlR.lSBlJR.G AREA: 717-766-1590 FAX: 243.8227 December 4, 1991 Mr. Cory A. Cormany 1887 Douglas Drive Carlisle, PA 17013 Dear Mr. Cormany: This is to confirm that I will be requesting the transcription of the guilty plea colloquy. From this we should be able to ascertain whether you had been advised that you were entering a guilty plea to a felony. I will advise upon receipt of the transcription. ?~~ Christopher C..Houston ltb BROUJOS, GILROY 8 HOUSTON. P. C, ATTOIlNEYS AT LAW JOHN H. BIlOUJOS HUBERT X, GILROY CHRISTOPHEIl C, HOUSTON 4 NORTH HANOVER. STR.EET CAIlLlSLE. PENNSYLVANIA 17013 717-243-4574 NON.TOU fOR. HARRLSBURC AR.E^: 717-766-1690 f^X: 243.8227 January 20, 1992 Hr. Cory A. cormany 1883 Douglas Drive Carlisle, PA 17013 Dear Hr, Cormany: Enclosed please find a document to be filed with the Court withdrawing the Motion for Post-Conviction collateral Relief. please return this to me in the enclosed self-addressed stamped envelope and I will file it with the Court. sla Enclosure EXHIBIT D (8) COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CORY A. CORMANY : 95-0310 MISCELLANEOUS TERM IN RE: PETITIONER'S REOUEST FOR EXPUNGEMENT ANSWE~ OF THE COMMONWEALTH AND NOW, comes Alison Taylor, Senior Assistant District Attorney of Cumberland County, pennsylvania, who answers the rule to shaw cause why petitioner's request for expungement should not be granted, as follows: 1. On october 29, 1995, petitioner filed a motion to expunge his conviction of criminal trespass, a felony of the second degree, docketed at 2068 Criminal 1989. The offense occurred on October 1, 1989, in North Middleton Township, cumberland county. 2. At 2068 Criminal 1989, petitioner pleaded guilty to Count C, cri~~~ass, on January 16, 1990 before the { . '".,. Honorable Key~n A. Hess.- The plea was taken in full satisfaction ; ;. \ of other cha~~~ term and number. On February 13, 1990, the court sentenced petitioner to undergo imprisonment in the Cumberland County prison for a period of not less than two nor more than twenty months, to run consecutive to any sentence petitioner was currently serving. 3. Petitioner requests expungement for his conviction of criminal trespass because he "has completed the required probation for said allegation and has been free of incident for a period of 18 months since the allegation was instated [sic}." (paragraph 9 of petitioner's Motion). 4. However, on May 2, 1995, petitioner pleaded guilty to simple assault on Carlisle police Officer Larry Kell, docketed at 95-0376 Criminal Term. on. May 2, 1995, petitioner pleaded nolo contendere to false swearing, docketed at 95-0375 Criminal Term. On May 2, 1995, petitioner pleaded nolo contendere to the unauthorized use of automobile. All pleas were taken in full satisfaction of other charges at those terms and numbers. The defendant was sentenced on all charges on June 6, 1995. 5. section 9l22(a) of the expungement statute applies to the expungement of non-conviction data contained in the criminal history record. Section 9122(b) applies to the expungement of the entire criminal history record, despite the disposition of the case. 18 pa.C.S.A. S 9122{a) and (b)j commonwealth v. cook, 359 Pa. super. 216, 518 A.2d 858 (1986). 6. The purpose of the expungement process is to "exculpate an innocent individual from the jaws of unwarranted punishment which manifests itself and flows from the retention of one's arrest record following, e.g., a dismissal of charges at the district justice level, a finding of not guilty, acquittal on appeal or completion of an accelerated rehabilitative disposition program." commonwealth v. W.P., 417 Pa. super. 192, 198, 612 A.2d 438, 441 (1992) (citations omitted). "Expunction is proper only in cases [where an} acquittal is consistent with a finding 2 " [ofl innocence and is not a result of legal technicalities unrelated to questions of guilt or innocence." ~ 7. The commonwealth bears the burden to present compelling evidence aaainst expungement only in twO instances, when (1) the commonwealth has failed to establish the accused's guilt beyond a reasonable doubt (e.g., before the court of common pleas), or (2) the commonwealth admits that it is unable to bear its burden of proof, commonwealth v. Wexler, 494 Pa. 325, 331, 431 A.2d 877, 880 (1981); commonwealth v. Chacker, 320 Pa. super, 402, 467 A.2d 386 (1983). Neither instance is present in petitioner's case, since he pleaded guilty to the offense that he now seeks to have expunged. 8. Since petitioner pleaded guilty to the charge he seeks expunged, any right to expungement must be found in 18 pa.C.S.A. S 9122 (b)(l) or (b)(2). petitioner does not fall within either enumerated section as he is not seventy years of age and he has not been free of arrest or prosecution (or conviction) for ten years following final release from confinement or supervision, nor has he been dead for three years. Cook, 359 Pa. super. at ,220, 518 A.2d at 860. 9. petitioner is not entitled to expungement of his 3 EXHIBIT E (9) ! 1 rArn.A P. CORRIUL - DISl'llR:T JUSTICE ~IS1'ERIAL DISTRICT NO. .11 E ._~~ 09-2-01 ..........-., ST. SUt'rE23 CARLISLE,PI. 17013 .- A 01900 _ .~. : ','" . _ - . ......a.";l"',;i 9 - .~..:.:.~.:.-"'"~ - ._" .'~'",,~~~,~:~;"o:~ r....... ,...:." .' COMMONWEALTH OF PENNSYLVANIA OEFeNCANT: VS. :~=:.~~' -,...... ::: - __~~~I "! g. ,__ ...._..... ..,..."... ,.... ... ~_., ,m' ~_" j I accuse an mdlVldual whose name is unknown tv me but who is described as . ~ ~~i~~~kna~e, or thpoPularaldesignation is unknown to me and. therefore. I have designated him herein as John ~ . \10 atmg e pen laws of the Commonwealth of PeMsylvania at ....'fT.flOP ~ CJ.l\LISLE.PA. 17013 110MB MIDDLE'ro1l orons1llP 19~.M~""bYE' 1! . . . 10 Ctnn>.1>1tt...o - County on or about OC'f 1 1989 ~ PartiClpants were (If'.""'" partk_rs...,,;:r;:r;;;~ ~. ,"".- .,,-- d<!"'''''')' ' (!-) The acts committed by the accused were: <9 BtlBGLARY: Dld :tntention&11Y or )mOW1n~' enter a build1n&. occupied atneture or a.parat.l1 ..cured or occupied portion thereot. at 19505 1"r1100P ,y.. propertJ" ot 'fina C01"IIAIlJ' w1tb. tbe intent to co~t the crlM or cr1..1n.1 lC1ach1.r tMNin. in that be cUd torclblY enter . the a~nt and dld do aullstanUal ~e to rurulaldnP 1JUide the apart_nt i CRIJI\DlAL MISCHIE1': did intentloaallY, \alOlliDgl,. recklea.l,. or ..egligentlY · ca.age 01" taaper With tbe tangible proll8l't7 or Tina Co1'll&ftY in that he d1d i enter Tina CormanJ's apart..nt and broke 01" d.....~d turn1s~ngs in tbe amount : or $500,00 more or lesa. CRIMINAL IRESSPASS: Did in~.ntionally or knowingly .n~er a building or s.parate~Y secured or occupied ..__.E. portion chereof, at 19S~ B. Fryloop Ave. property of tina Cormany. .19 89 (SEAL) \ \ CIe~:>l>.r 1. \ND NOW. on this date c r % .. 19 81 I certify the c.6mplain '.,;fied. and that there iSPTJl:a~ause fOT \SSuance 0 prvces.. f ~ ..' .~~. ~"" .' .'-- ...," r. iJlffCt) to this warrant. /----j , -1/ ( I~~"~; 'J.',,;t.. '7IJM 3;J'! l~ '< I a (i, I yl ,g:fJ(J ;;\f-:!:~ - --- "-II-'~ ).KS d'- WARRANT ,.iJ!.'DA'" ,'0" "M'A'M'M. ......LE CAU" ,.. 'M."'UAM,,.f A "A"'" UF ...." '0' ,,,' c ',' .," ..,' o' ,,, . ",' c, ,..' 1. The . r<1w' " CO""" W . Rudo "h, NO<" Mld''''oO "">' '0 H" per.t. 2, On ,,~,d", Ooto.or 1, "". ., " ,6 ..... 'ri,", co-"' ,,,t\"<' ,,,'0 ",odl"on TOW_'P ,011oe DeP",",,,,,n' 'O" ha' .,a<",eo' '" [,,01'" ente<ed bY h'< hU.b"", ,or, C, C"....n" ,"'" co~"J <e."e' ., 19500 m 100' Avenue, CO<l" ,. ,'"' aM .",. ,.e'" '"' nl,", "' "e< ",the" <,,'denoe ln cor''''....' ?<1" " hO' "" r; 1'.' '011" 0 [ ",e ,"OVO 1M lden', Hre. co,...., ",elVe' , ,,,n' .aU ,",,0, M' h",",od ,ne' M ", ln he< "or..en', ,nd ,,," M ,~, ".,li"', [[0' ,.., "0,,,'0" "". Co",,",,, ." tod ".., the """,.,e<,' ...', , ., ~n.' .r.~ '0'''' .nu th.. aM ,. Hvln' ,., th" a"'''' ,n' her "".. ,hild .nd 'h" M' ,,,,.,,'n1 doe' ;;0' ,e,,,e " ,,,,, > .<1'''P Ave. oOC doell he: llaVe e. key for t'ne residence. ,. "'" notifYl"" pollCO. Yre. CO....o, p,,,..d,d '0 ,..< ro' ".n" " <~ tor .,,,l.,e anO par,e" . d" '&" e ..., f'oO ,.. r .,ar"'n'. ",' "aeev.' her hue"an'. cor' C, co""",,,. ..aVo Ft.. [V,'d'''''' .,,,,, ,. poll" "",1 ved. poll.e and rs" Co....n, .n,,,.d ,00 epar,e,.n' .', ""ov.ro" ,no' ,oroib" ..M' .eo .AOe 'n" ,no ""to"" ", ocoe..'. . ,to"" .,."0' .n' "re"" .n.blln, co", Co",n, to .n to" ,he ,p"r"'" 0." lnaHe, ,or, Co""", did "0 ,,,,,,,e to [ornHur. anu oWr \'0.,,,,,0) ,ood' ,..,,,. ,00 ,p.",..n'. C. ti.~tod va'.' 0' ,,,rA'.' 1 ,''CO," Q ,,'co or lelll!. .. C", C, """",, ve' 010..0 UP " ,ol"e · ,hor' ""an.oo ,..., [rOO ".. ".." o[ th. ar"'" " .ea "" over.O ,"at CO" C, cor"~n' '" 0" .,rcl. f"'O can''''WO Coun" " th. tl.' ,f "" ,,,,,00,,,'0" .".., "e ,,,,e.'" '0 " u"d'" 'CO lo[M..e o[ ...,,\,0," COry 0. "".'." pNOO"" .W'" .eo ".,H1o' and cor""" .to ,u",""'''''' oM'" ,.. tt,~ CI.LI~terl&n<.l County ?rl~on tor r.a~Dtl~ v101lltlor.. ,. ,''CO" o. cr,' ,bOV' ,,,[0,.."0. '" e6"'"'' to "ac"' ,r ,.100' foue.o ,n "," ..."'" ,,,,,'ow ...; '. ,nt an C,,~.n" ,,,...,,, , W,o'" " ",a:-r':\',.t. of .~rr.a:;t ~., !,"""'''''' for C.;l":I ,;. ':('r!:;~'i.i' Executed this ....::.......... dlY 01 ....:........i.............. 19...... ,.' ,... ,:1' ,. ..... '... .....~ (S\~nature:o~l~nll. - ; :.' . ~ . .... ". personally a...:.Rted belor'" me ..ri":' i . 19; th AlII t b d . . ~. "T....'......................... ....... ", '" oem' w" "'" ,., ""'" ""'~'" _,,,, " "l" ...... ... ,,,,,,,, ... " m, ,,,,,... ... d'..... .. "" ",i '" 'Of. '" "'" "'"" ." ~ ",""l';'~'" '!"ff ...,. -....., ""''''"".. "'lol. , ..~> / ,/ ./ : ',:..~:../. \ . n..~.kr\....' 6~.I"V"\tu\ . ." . , {SEALl CERTTFlCATlON OF SFRV1CE AND NOW, this ~ day of jV'y"" \0,. 2004, I, Cory A. Cormany, foregoing the aforesaid matter knowledgeable a legal pretext and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same ill pffiOU ",d by the Unitod St.'" Mail at Orr"'I, po=ylvaNa, ad&"",d " followS: Mr. Jeffrey Rudolf Rt34 Spring Road Carlisle, PA 17013 (j.f:0C2;J Cory A. Cormany 1883 Douglas Dr. Carlisle, PA 17013 -' CERTTF1CATlON OF SERVICE .... ,":.t .AND NOW, this ~ day of CV\,""'..\.... 2004, I, Cory A. Cormany, foregoing the aforesaid matter knowledgeable a legal pretext and the Conunonwealth of Pennsylvania, hereby certify that I have served a copy of same in person and by the United States Mail at Carlisle Pennsylvania, addressed as follows: Mr. Lyle Herr 1 South Hanover St. Carlisle, PA 17013 r:'ooc ?'\ Cory A. CormaIrSr ~ 1883 Douglas Dr. Carlisle, PA 17013 (') c- ~:;':; '" = "oo ...l;:.- :1l: :c... ;':';J C'l -:,' f'J Ul W " o -n :.;1 fi'i;] rTl f..:J , ~) ~l 'C) in :~) DEVLIN & DEVINE William J. Devlin, Jr., Esquire Atty. /.D. #42717 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4614 CORY A. CORMANY Attorney for Defendant Lyle M. Herr V. COURT OF COMMON PLEAS CUMBERLAND COUNTY LYLE M. HERR NO. 04-927 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Lyle M. Herr in the above. captioned matter. DEVLIN & DEVINE (') r-> C c.> J c: = -n -,,~ .r- .e" ::;!: .-, ;;rn ~-rl ::;;0 !"f":"' "lJrn (,n ::99 ~:3 ~1~, :5 -" ~~ (:.oj -.;'" ;~nJ ... N ~ -',- .~, '-" ~~. ::.:~ w .~ ~ ~2 2004 IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. 04-927 V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED ORDER AND NOW, thi, '2.-1/.-1. day Of~ ' 2004, upoo consideration of Plaintiff's Motion To Sustain Conviction Of Cory Alister Cormany pursuant to United States and Pennsylvania Consolidated Rule it is hereby Ordered that the Motion w..8,~.l_t. 'Ill! ,d",1. Ul- wwt~ vvlll '1ua';!. r Jj";0;ul_ ~$ ~~"kJJ,t~/.t ~ f~!4-, · J. ~~ ~l it- r ' ~~ <;5i:f= '" ~ g~ I ti:tu !;::;;, it: J~ , o E ~h~~ en ...... <1 ... .,:- ;~~~ .~)r~g l~,:" ~:;;; 'n; 1:"'"- e~i{: :5 Q a'I N 0:: <:( ::ll:: -"'" <= <=> <-... IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. 04-927 V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED MOTION MOTION TO SUSTAIN CONVICTION CASE NO. 95-0310 PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 1034 AND 1035, AND FEDERAL RULE OF CIVIL PROCEDURE 56, AND PURSUANT FEDERAL RULES OF COURT 301 THROUGH 312 TITLE 16 P.S. 9960.6 AND TITLE 28 U.S.C. 2254 AND 2255. Respectfully Submitted, ~,G C &J" Cory Alister Co any ?:;: C> ;,~i'- (") t; \.--: Lu~2 - - C)""'::'- ::c L;ril_2 'J=~L" ~ (..?5 (~c.: u.J 0- ~ltJ 0'" U.-.- """ F :2C u.. .ccr :.~.~ 0 =, :-~ = 0 <N . ~~ In The Court of Common Pleas Cumberland County Commonwealth of Pennsylvania RE: Cory A. Cormany v. Lyle M. Herr. PETITION I, Cory A. Cormany, declare that I am the petitioner in the above titled proceeding; that in support of my request to proceed without being required to prepay fees, costs or give security thereof, I state that because of my poverty, I am unable to pay the cost of said proceedings or give security thereof; that I believe I am entitled to relief. The nature of my action, defense, or other proceedings or the issues I intend to present on appeal briefly stated as follows: In further support of the application, I answer the following questions: 1 . Are you presently employed? (Awaitin!~ Disposition) 2. Have you received within the past twellve months any money from any of the following sources? (a) Business, profession or other form of self-employment? (Yes); see attached. (b) Rent payments, interest or dividends? (Yes); parental negotiation. (c) Pension, annuities or life insurance payments? (No); see attached. (d) Gifts or inheritances? (Yes); Holidays and special occasions (e) Any other sources? (No); see attached. - 1 - 3. Do you have any cash, or do you have money in checking/savings accounts? (Yes) I have approximately twenty five and 00 dollars available in my checking/savingls account. 4. Do you own or have any interest in any real estate, stocks, bonds, notes, automobiles or other valuable property (excluding ordinary household furnishings and clothing)? (No) Not at present. 5. List the persons who are dependent upon you for support, state your relationship to those persons and indicate how much you contribute toward their support. I live with my mother and father and pay a monthly discretionary balance for amounts required, plus costs of living. 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 onJ22.jS-/n'L______ ~2-~---- ------- Cory A. Corma~ - 2 - Affidavit Pursuant to Federal Rule of Civil Procedure 12 (b). It is an obligation to appeal from Judgment in Civil Cases disposed on Consent of the Parties 28 U.S. C. 636(c) that the underlined have corrected agreement under subsection (d) to acknowledge an appellant court. 1. I am the defendant in the Civil Case Term No. 2. I am the plaintiff in the Civil Case Term No. 3. We consent to the dismissal of a decree o{judgment. 4. We hereby voluntarily and conditionally agree to the Commonwealth of Pennsylvania. 5. We understand the agreeable conditions abounded the Orphan Court Division Case No. 64. We the undersigned witnesses certifY our attention forthright a court of law in relation to an indication of civil procedure. Witness Witness ~t~3- ~~ ~~(~\~ RelatIOnship to Mr. Cory Alister Cormany Signature Relationship to Officer Lyle Herr ." __---..-- ____" .OW_ __ <' -, ~~ .. ~~-~=~--'~:nn. Hl'~',i:~:::~~m [::'~i~:~:r.!:\rrr:U "..... &;IIIIIi.... '....:~ ~: ''It,.:~~:q.,,J~ . ., ..; :.~:.1::' t ~ ff t ':.fiif~~intitii n -_. 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'.".M ".1' .,21 1.2' . .16.07 Other lIeIIetl\e .nd _ -' . - totmd!Il -,. ~ob Tille: SALES ,l,$SOClATE 9110 work SIaM' FULL TIME Coel C~; .)1IOO1'0lI90 ..---.. -" --~._- .. ~---,_..,,~-_.__.~ ,.,. ".75 5.). t4 eo aD.41 .5." 1.72 5," 12,45 10.00 . IIlCIlIMd trom ........, _llle -... You, '....'.1 tmcIIlle wagee II'Iie pet10Cl ar' san, 21 Control Data gducation Center ...".11.0 207- Commerce Park (Ott 1 81) 2405 Park Drive Hdrllsburq, PA 17110 Insurance Testing Corporation ...uite 112 Commerce Pa,'k (Oll 1 81) 2601 Harket Place Street Harrisburg, PA 17110 NASI) andjol'_ B.L1J.B,.mu. L.lhl.JLll~Al th...iUUJ..2if: ~.QN -- IINlflCIARY CAlD C4It1iIo~3 ,: ~ .,... , . . ...,~. Ineured: CORY ^. CO.MAN~ 8erlefit Amount: a~ U ,)~ . ,: $!0,000 IJ $100,000 Tb ~t .....wr. .' $Ie _ _ E.' 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I w.. 11 ! , \ . ,J: j Grievance and Appeal Policy and lI'rocedure f2lig:: The primary objective of the grievance and appeal policy is to promote a step-by-step effort at reconciliation between an aggrieved client and the Commission. CUents, family members or a client's designee may file a grievance or appeal regarding any of the following issues: 1. Length of stay in treatment 2. Recommended level of care 3. Denial or termination of services 4. Determination of financial liability 5. Violation of client's human or civil rights 6. Length of stlY in intensive case management For purposes of this policy the following definitions apply: 1. Grievance - A written complaint by a Commission-funded client about any matter touching upon the relationship between the client and the Commlssicln relative to the six issues listed above. 2. Appeal - A written request for reconsideration of a grievance outcome decision. Procedure: 1. Clients shall be given a copy of a sheet that describes the Commission's Grievance and Appeal Process upon accessing services of the Commission. Commission staff will explain the Grievance and Appeal Process to the clients and respond to any questions they may have. A signed and dated copy of the Grievance and Appeal Process form shall Ill! retained in the client's record. A copy of this form is attached. 2. The Grievance and Appeals Process form will explain to clients that they have the right to access all documentation pertaining to the resolution of the grievance within the confines of state and federal confidentiality regulations. 3. The Grievance and Appeals Process form will also explain that clients have the right to be involved and have representation by means of a client advoo~te, case manager, attorney or any other individual chosen by the client at any point in the procE!SS. 4. The first level of grievance shall be made in writing by the client to the Grievance Review Board. Cumberland-Perry Drug and Alcohol Commlssl'Dn, 16 W. High St., Suite 302, must be sent within five work days from the client's receipt of the board's response. The Commission Executive Director wlil be responsible for coordinating all appeals. The letter of appeal should be sent to: ExecutIve Director, Cumberland-Perry Drug and Alcohol Commission, 16 W. High Street, Suite 302, Carlisle PA 17013. 7. Appeals will be conSidered by an Independent Hearing Panel. This panel wlil be made up of three people. It may include Commission board members, care or case managers from other county drug and alcohol programs, staff of other human service agencies, or persons in recovery. None of the people on this panel can have any financial, occupational or contractual ties to the Comm isslon. 8. The Independent Hearing Panel will make a decision about the appeal within three work days. A letter wlil be sent to the client within five work days explaining this decision. The outcome of the appeal will also be shared with the state Bureau of Drug and Alcohol Programs within five work days using the state's Grievance Reporting Fonn. ~'1 ,~ ~1lC ::: .. ..... tI,( .~ -a ...... 1:: ~ - -:. .! ~ .... ~ _= t,.;~. ~ . ~.f.."" ~. Lt.. J{ ~ "':1", .... ... '... j~';~~ ~,~ .. !\ [;,:.1 ~ IS' ~ .t; S ,f _ ~ € ; -:5 s (i1!: 'f t'~... ':'>:'L.... ~ ~ ~ Q r.. -"1 .....~.. It :!\:;H~ e. " :!II ;:' - .- ...... ::. 'ilml'" .. = =to *' - I ','j' f .... II.... ... ... liP. \ . . ~ "1" ,- .... - ,( ! ... Q ... - .... 0'.... ":. .1'.1;' ,$ e) e ~-:aJrm t i~g~ ~ ErJI.( ~ 'T"( -= ::: ':.V' S'........... - t: " ~... .:J l., ~ ::; ~ "'f: ':.- ... ::: " DU't ~~ ~ i!'107 .. ...\ .., 'If. ~ ,.": ..z.=.~ ~ ~ 't:'J:.~ -:::; ~ ~~ ~ == ~ = ~ l.,l., ~- \.0 <.. Q ~ -= = -=" t: .... r"?-= ~\rI 0::. ..-r .... :: - ~-.....'" al ~\ !-/d ...'. f .,.... , 4 .., .J~'\. ~.ht.( -' . ..to Lr ", -~ ... ~~t: ~~ f1'f"'~~ ~ Ct~ ~ 4~ -' tilAt- cr.. ...'~. .... ...~..,.';.. -.. -. ...~. ~'" ....~\. e=.j ~.~ I ~ c{p ~~ . ,- \... i t lJ: \\j j IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENl'~SYLVANIA CORY A. CORMANY CASE NO. V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action \vithin twenty (20) days after the Complaint and Notice are served by entering a "Ilitten 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 wamed 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 Administration Cumberland County Court House 1 South Hanover Street Carlisle, PA 17013 IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. v, CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED PETITION AND NOW comes, Cory A. Cormany, Plaintiff; and sets forth causes of action against the above named Defendant, whereas the following is a statement: 1, Plaintiff is Cory Cormany, an adult individual residing in the Cumberland County Community, Cumberland County, Pennsylvania, 2. Defendant is Lyle Herr, an adult individual residing 111 the Cumberland County Community, Cumberland County, Pennsylvania. 3. The subject matter is a United State:s District Court Summons petitioning the clerk of courts to quash an expungement Case No. , 4, Mr. Lyle Herr is said to be responsibl<: for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. (1) 5. Mr. Cory Cormany is the said to be l:onvincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 6. Mr. Jeffrey Rudolf is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberl.md County, substantial the Miscellaneous Term Case No. 95-0310, 7. Ms. Tina Cormany is said to be victimized for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 8, On December 1 st, of the year 1988, the plaintiff is said to have married the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 9. On December 1st, of the year 1989, the plaintiff is said to have divorced the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 10. On December 10th, of the year 1990, the defendant is said to have submitted petition pursuant the Court of Common Pleas Cumberland County, Pennsylvania, 11. On Febrnary 26th, of the year 2002, the plaintiff is said to have submitted report pursuant the U.S. District Court Middle District, Pennsylvania. (2) 5. Mr. Cory Cormany is the said to be convincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 6. Mr. Jeffrey Rudolf is said to be liable for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 7. Ms. Tina Cormany is said to be vic;timized for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310. 8, On December 1st, of the year 1988, the plaintiff is said to have married the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 9. On December 1st, of the year 1989, the plaintiff is said to have divorced the said; victim, pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 10. On December lOth, of the year 1990, th(~ defendant is said to have submitted petition pursuant the Court of Common Pleas Cumberland County, Pennsylvania. 11. On February 26th, of the year 2002, the plaintiff is said to have submitted report pursuant the U.S. District Court Middle District, Pennsylvania. (2) 12. The Defendant Lyle Herr is said to hav,: investigated the Plaintiff Cory Cormany, and is said to have arrested the incident in question, respectfully submitted exhibits A through E. WHEREFORE, the Plaintiff; Cory A. Cormany, claims from the Defendant; Lyle M. Herr, full liability, considerate th,: commonwealth, at which time the record shall reflect conviction. (3) VERIFICATION I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Petition against Mr. Lyle Herr are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn verification to authorities. Dated ::l( '-( (bL-/ ) / By ~,O, C-- 0 _ Cory A. Cormany WitnO',4-tf 7 By ~-I1c1/1fCJ~r Notary v NOTAAIAL-. -.vP.~NOTAIlYPIIBUC -"""""IIII~ ,..."'County ~c I ....._.._ (4) EXHIBIT A (5) IN RE: EXPUNGEMENT OF CORY A. CORMANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-0310 MISCELLANEOUS TERM ORDER OF COURT AND NOW, this 30th day of October, 1995, a Rule is entered against the Commonwealth (District Attorney) to show cause why thel expungement should not be granted. Rule returnable forty-five (45) days after service" BY~~1 EdgarB. ~ District Attorney's Office Cory . Cormany, Pro se 1 Douglas Drive Isle, PA 17013 :saa ... - COMMONWEALTH OF PENNSYLVANIA VS IN THE CRIMINAL COURTS OF THE COUNTY OF Cumberland (N.me or Delend.nt) Criminal Action No. .2Q 68 of Criminal 19~ CORY A. CORMANY ORDER AND NOW this 13th day of November 19 91 Upon consideration of the foregoing motion: 1. 0 The motion is returned to defendant for amendment as follows, such amendment to be made on or before ,19_ 2. 0 A rule is granted upon the Commonwealth of Pennsylvania to show cause why a hearing should not be granted. The rule is returnable on or before 19 3. 0 The request to proceed as a poor person, without the payment of COSlS, is IiCJ granted 0 denied. 4. ~ Upon finding tha~ defendant is unable to obtain a lawyer cd to re resent hlm. lphp.r Houston, Esq.. is appoint. I 5. KJ The Clerk of this Court is ordered and directed to do the following forthwith: (a) To serve a copy of this motion and this order upon the District Attorney of Cl1mh~r 1 R. nd County. (b) To send a copy of this motion and this ordrr to Christopher Houstcnq.. the lawyer for the defendant. (e) To send a copy of this order to the defendant. 6. !Xl A hearing on the above matter is set for ~Ionday, January 13, 1992, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ORIGINAL ~ 'f..1 W~ 4~:""A~ J. 7 ; 1___....- ]~o. 114 -val, 119 COMMO!"WI:AL11I OF PIlHNSYL VANIA MARRIAGE LICENSE "PPUCATlON DUPL.ICAT& ..TuaN.. , ,_c;_R8 COU"'. I....'... ",.ca_a _ Cumberland a. p..",ca 0'" "A""I~O. r~ITY. ~.o. TOW,....,~ Carllsle,Penna. '0 Ga.,.. 0'" M...."'... lMO''''", D"", "."'"1 Dec. 1, 1988 ..D....c:.A.,.. ....M..... 1Ja..1. p.~orrA....l ICGUNT"! Cumbo ..Tt"~ Di.tTi~t Justice n....,.....HT O~ ....L.. C. .8..0MI..ATI." .,...,'.....,.0.. ...liIIIU...------- ...... :n :.Ioht-npor ..II'loI............. Cory Al1g~er-Cgrmany .. "AIUN. .!:Ja... _Ul. W. Pomfre~ t. ....DaNC.. .... 'TA"'. .. " .., ,,\,ILL "..W. ~.~. - e. LOCATION "lei""." ,Pens , .. cO\.lN,.... I Cumb, ... ....ILI_ A..._ ,., W ~~,..._.~ . ::J:CCUI.TY A aT..". ..fS!!!!.I.<_ CUmb. C. 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A. ., 11--8.8.- ~ ~ ....~ ~ ........'a._..... .. \ rytnl.;;lI, lq,,~ .,..,.. uc.... _AI ....,.0 :t EXHIBIT B (6) SNELBAKER S ELICKER A PJl.OFUSIONM. CO&P01\A110N ATTOR.NEYS AT LAW 44 WE.5T MAIN .sTkEET MECHANICSBURG, PENNSYLVANIA 17055 P. O. BOX 318 FACSIMILE (717) 697 - 7681 lUCHAllD C. SNU..&AKER. E. R.OBERT EUCKER., D CHAlUES D. V~CE. 'R.. 'KEITH O. I!IR.ENN!MAN 717-697-8528 February 28, 1990 Mr. cory A. cormany Cumberland county Prison 1101 Claremont Road Carlisle, PA 17013 Dear Cory: Enclosed are copies of letters exchanged between me and Mr, Herr which I think you will find self-explaining concerning costs and restitution. I also enclose a copy of your wife's handwritten list of items destroyed which I obtained at the time of your preliminary hearing. It appears that Mr. Herr is referring to the same list. I am sending a copy of this letter and its enclosures to your parents in order that they may be aware of your financial obligation, By sending this copy to your folks, I am not making any recommendation as to how the obligation is satisfied. since it appears that my work is now completed on your behalf, I will be closing my file with final billing to your parents in due course. Should you need anything further at any time, please let me know. In the meantime, I extend to you my sincere best wishes in your efforts to resolve any underlying problems which have caused the difficulties with "the law", It is obvious to me that you have the ability to cope with and conquer any such matters and come out of this entire situation with a new direction and resolve. With best regards, I am, J75 ~ RCS:pjt Enclosures cc: Dr. and Mrs. Robert Cormany I -kyYl S d.f.~tyotfol: pn)~('b of __ _ _li(~ CCJ!f!I~(I,/, ~ ?rD~r~J o~ \~rd lard. "I: O:>u:\nt a f-k( ~~OO c..e{"'-~\.,- c...\o~"" ~"'-<:...'C..:: 1:135.00 ~po.(".-b()l'1 o+rcr ~ lOO.o<) \{o..\('ol\.oC,J-. Q\.c..\u..~c... 19-~~l...t.=~2.0D.OO ~eser*ftD(I')rnott\i(.slf"~ '" T .\1. .' toe fc(f -""?- BI).oo ~ '- ( ~ ~\ c....\ ~ \c...c,,<;.r.... -= bo\.ljtr wufI \ VVI~ L,U1pa.(em~ 414 D' - ., ., D. (J c.~~~""~\. ~',\,,-~...., - ~ 3':).00 0....,"-\', \ ~'- .:.\ \. ::0 ,,= j' f+ m tl1 '/Yl~~ ~'(o.nJ..m() U..u' to ~ ~2DOD \to"'- \,\o..V\.~ ""'o..\(\~ =j1ft- fyi)m rYlj(Ylotk( t& (\U... .$ leD.Du I..V \C;..v.-~{' \:loo~c.c...."-'C... ~ bClL~t- ~-h:1fE.' 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BR.ENNEMAN 717-eW-8528 February 14, 1990 Mr. Lyle M. Herr, Probation/parole Officer Cumberland County Probation Office P. O. Box 592 Carlisle, PA 17013 Re: Commonw~alth v. cory A. Cormany 2068 Criminal 1989 Dear Mr. Herr: First, please accept my personal thanks for your special interest in Cory's case. I appreciate the time which you have given to this matter and the professional jUdgment which you have exercised obviously to cory's ultimate benefit. In passing sentence on February 13, the Court ordered payment of costs of prosecution, Please advise of the amount. JUdge Hess also ordered Cory to pay restitution of $300.00. At the preliminary hearing, Tina Cormany acknowledged receiving $500.00 in restitution. cory's parents provided this almost immediately after the incident. Am I cOI:rect that the restitution requirement has been satisfied (if not overpaid by $200)? Thank you again for your interest on Cory's behalf. Very truly yours, Richard C. Snelbaker RCS:pjt PROBATION OFFICE CUMBERLAND COUNTY, PENNSYLVANIA KENNllni W. BOLD ChIof_ ODd PoroIo ~r JOSEPH L OSI!NXARSKI S~_ . JUWDlIe !Jenoieoa JOHN H. ROlJ..Ell S~ - AdWt Service. * Probation and Parole orrlCe" ELIZABETH D. BAKER THOMAS A. BOYER DARBY L. CHRISTLIEB DENNIS M. DRACHBAR MICHAEL J. DUNSMORE A. KERRY GORMAN DEBORAH D. GRAEFF LYLE M. HERR CHARLES R. McKENRICK PAUL S. MEURON GREGORY S. MILLER SAMUEL E. MILLER. JR. HENRY J. THIELEMANN MICHAEL D. VARNER BAlUlY E. HAIll 0IIIc0 Mtr JCo11octiona Supvr. ProbatioD ODd _ Oftlc:on II S. GARETH GRAHAM DAVID L. MYERS COURT HOUSE P.O. BOX '92 CARLISLE. PENNSYLVANIA 17013 HAROLD E. SHEEL.Y. Pr_tdent Judge GEORGE E. HOFFER. J..... EDGAR B. BAYL.EY. Judot KEY! N /11" HESS. Judge pebruarJr 23, 1990 Richard C. Snelbaker 44 W. Main Street Mechanicsburg, PA 17055 RE I COrJr A. Cormany 20611 Cr. 89 Dear Mr. Snelbaker, The costs in Cory's case total $122.80. This amount does n2:!< include restitution due the victim, Tina Cormany. Tina submitted itemized damage estimatEls totalling $800.00 and did acknowledge a payment from the Cormany'lI of $500.00. That left the $300.00 balance that Judge Hess ordered as restitution. According to our records, Cory owes a total of $422.80 as a result of this offense. Sincerely, :::-r /H~. Lyle H. Herr Probaticln & Parole Officer LHHldja T........ Adult Probation CoIlIIF..... ShiDMftshun (717)%40-625' (117) 140-6275 1117\ .532-1286 Teltpbooe Juwnile Probadon DUI~ Toll Free Welt Shott: (717) 240-616' (717) 240-6280 (717)697.037] Toll Free r-' -- f' ~: ; -,.., - ^ , , " f , , , ~ ~., ~ , , ~; ~ " .~ I , ----~:, s' '.f.Hf ~,_ND,_ 13._ ~,.. -~t'l'l D~ , -4 "I)q' C't i'D17"Il' CCI ik Ll 0-"". 7 '. 'i"~, r',,, ~~....~ ~t~:'hs.'. " - ',- ",,,,11 OlO!J ~~ "-"" '- "'. 'Lto -, U" . .f-> t;.~ 1 -::} f',j I j} l....a..1 ,: :- '- '-" .... -. '- '- ~ r--...:: '. '. .') ......- c. I) ~- Q3 ..., -..J I}:) ...... , ~ -, EXHIBIT c (7) CUMBERLAND COUNTY. PENNSYL V AN IA PROBATION AND PAROLE OFFIC:E COURT HOUSE PO BOX 592 CARLISLE. Pi'/, 1 :'0 Ii December 10, 1990 Cory A. Cormany 602 West pennsylvania Avenue Downingtown, PA 19335 Mr. Cormany, Based on on-going problems between YOll and Tina Cormany, and at her request as the victim in your current parole case, your parole conditions have been revised as follows: 1. You are to refrain from any and all contact with Tina Cormany outside of the set visitation hours on Saturdays and Sundays. This means you may not call her or write her or have anyone else call or write her at her place of employment or at her home. This condition will not prevent you from maintaining visitation rights already established by your respective attorneys. A violation of this condition or any previously imposed parole conditions, will result in your being scheduled immediately for a Court appearance at which time your parole may again be revoked. Please call me with any questions you may have. Sign the bottom portion, which simply acknowledges your receipt of this condition, and return it to me immediately. The copy is for your file. Sincerely, Lyle M. HeIT Probation " Parole Officer LMH/clb -------------------------------------------.----------------------- I understand this additional condition. Signed: Sign and return to: Lyle M. Herr, c/o CumbElrland County Probation, P.O. Box 592, Carlisle. PA 17013 T slephane Adult Probation CostslFines Toll Free Shippensburg (717) 240.6255 (717) 240-6275 (717) 532.7286 Telephone Juvenile Probation OUI Programs West Shore 1717) 240.6265 (717) 240-6280 (7H) 697--0371 Toll Free EXHIBIT D (8) "::lsod.md ::lltlW'!l!~::lI OU ::lAl::lS q:l!qM pUtl uosl::ld l::ll{lO lipns AOUUtl AIsno!l::lS lO UUtlltl q:l!llM Sptl Sl!WWO:l A{p::lltl::ld::lllO pnpuo:l JO ::lsmO:l tl U! 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Ull 1Ull!Pl UO!Pll IRluawwaAo'1l II aWTdwa1UO:l PIP pUll SlUllAlaS :l!Nnd a.m slUllpuaJaG at{llllt{l UJ: :uo!llluuoJuI lO UO!PV Tll!:lYJO uo '1lU!la'1lll M. lO '1llI!lllTmads 'luawssaSSll pUll uo!ssassods!p 'lUaUllllalls~w 'aillzras 'q:llllaS 'uo!lua1ap II Tl1JlaMod ~luawAofua pIm 1qf!p II JO as!:llaXa at{l H! lat{lOIm apadw! pUll Auap PIP 1llt{l pnpUO:l [llfiam Ull aA!pafqns Al!:llldll:l Tll!:lYJO Ull llodmd PIP slUllpuapG alfllllt{l UI :uo!ssalddo [ll!:lYJO "asuaJJo aA!lllpl II JO UO!SS!WWO:l papadsns at{l AFFIDAVIT On April 16, 1986, I, Cory A. Cormany, did recognize a criminal complaint, problematic an episode and an incident, to Mr, Lyle Herr regarding an alleged altercation said to have occurred in the Borough of Carlisle, Pursuant thereto my acknowledgment, and relevant therein my recognition, the Defendant Lyle Herr did petition the courts of the common plea.s, despite my assertive well being, non justifiable the commission of a crime, The Defendant did state that I had violated a local law, contrary to my due process rights, and did circumvent a detention powerful a constitutional dilemma and the outcome of a trial. Proceeding and prescient the aforementioned circumstance; I was probated and accused a resolution consensual a timely engagement, and was subjected a series of tests that could in no way be responsive a positive outcome, The Defendant Lyle Herr did lie on several occasions, and did also appraise me applicative an assessment causing me fear, harm and endangerment relative a weapon, and a confinement. On March 28, 1989, I, Cory A. Cormany, did once again recognize a criminal complaint, debatable a traffic offense, to ~1r. Lyle Herr regarding an alleged driving under the influence of alcohol said to have occurred in Upper Allen Township, Again pursuant thereto my acknowledgment, and relevant therein my recognition, the Defendant Lyle Herr did petition the courts of the common pleas, despite my assertive well being, brutal the commission of a crime. The Defendant did state that I had violated a local law:, contrary to my due process rights, and did endorse a mistreatment suppressive a constitutional dilemma and the outcome of a trial. Preceding and pursuant the aforementioned situation; I was probated and annoyed an accomplishment, nonconsensual a child custody arrangement, and was subjected a pecuniary action rdiant an information, and a series of transactions proprietary a right, and contemptual an official hatred. The Defendant Lyle Herr did alarm me and did interfe,re a risk of bodily injury conditional an involuntary servitude substantial a liberty, and a timely reconciliation, On October 1, 1989, I, Cory A. Cormany, did remand a domestic incident significant my ex-wife, to Ms. Tina Cormany arguffil~ntative an alleged trespass said to have occurred in the North Middleton Township. Prior therein my petition, and prescient thereto my advisory, the Defendant Lyle Herr did conversate with Ms. Tina Cormany informing her that she should leave me because I drank: and drove an automobile, The Defendant did litigate a stipulated response unlawful a restricted time span, and did seriously inconvenience both my ex-wife and myself sufficient a document, and deceptive an official action, The Defendant Lyle Herr did detain and influence both Ms, Tina Cormany and myself intentional a recommendation and political an opinionated vote, costly a careful situation and circumstance, Mr, Lyle Herr is alleged to be a Probation Officer or Supervisor in the Cumberland County, On February 23, 1991, I, Cory A. Cormany, did presume a visitation agreement, consensual my ex-wife, to Mr. John Adams questionable an alleged altercation said to have occurred in the Borough of Carlisle. Prior therein my consent, and pursuant thereto my employment, the Defendant Lyle Herr did obstruct an evidence deceptive Ms, Tina Cormany and informative a statement submissive an official action, and speculatory a negotiable fund. The Defendant did again litigate a stipulated response unlawful a restricted time span, and did seriously risk bodily injury prescient a privilege and a right credited a property. The Defendant Lyle Herr did acquire a pecuniary interest in both my ex-wife and myself powerful the reported commission of a crime and considerate the buying and selling of a humanity, Mr. John Adams is alleged to be a Convicted Drug Dealer or User in the Cumberland County. On February 19, 1995, I, Cory A. Cormany, did submit a criminal complaint, compliant a hospitalization and an affair, to Mr, Samuel Coover allegary a said commitment to the Cumberland County Prison, Prescient thereto my intentions, and relevant therein my imprisonmtmt, the Defendant Samuel Coover did supervise an authority reckless a conduct that did cause bodily injury and indecent resistance punctilious a prompt response, The Defendant did provide weapons and instruments that did cause and do inflict serious bodily harm factual a freedom, and unlawful a liberty, proceeding the outc:ome of a trial constitutional an involuntary servitude. Proceeding and pres,cient the aforementioned circumstance; I was probated and pursued a resolution nonconsensual an adoption term case number 64; that was subjected a negative outcome responsible an official action. The Defendant Samuel Coover did direct and implement detention and assessment exposing and threatening physical conduct which did serve no legitimate purpose evenditiary a video tape, and influential an illicit threatening propaganda. On June 21, 1997, I, Cory A. Cormany, did once again remand a criminal complaint, sadistic a treatment, to Mr, Samuel Coover important a said commitment to the Cumberland County Prison, Prior thereto my arrest, and pursuant therein my recognition, the Defendant Samuel Coover did once again exercise an authority influential a conduct that did cause bodily harm and indecent resistance truthful a prompt consideration. The Defendant did again unlawfully supervise an outcome that did expose and subject me to serious bodily injury, factual a freedom and suspicious a liberty, proceeding the issues of a trial - constitutional an involuntary servitude. Preceding and pursuant the aforementioned situation; I was brutalized and impeded an accomplishment relative the commission of a crime, The Defendant Samuel Coover did procrastinate and wager a series of incidents which did dispose and infringe a prejudicial action malicious a local law. Mr, Samuel Coover is alleged to be a Training Specialist or Supervisor in the Cumberland County, On July 24, 2001, I, Cory A. Cormany, did order a summary hearing, significant an appeal, to Mr, Darrell Dethlefs capable an alleged action said to have occurred in the Borough of Carlisle. Prior th~rein my commitment, and pursuant thereto my detention, the Defendant Samuel Coover did collaborate and conspire with a C. O. Frank Teaney, and did harass me threatening the evacuation and unlawful transportation of my person consistent a physical contact on October 2, 2001, in Cumberland County Prison. I was restrained and subjected servitude and assaulted prescient and pursuant to September 12, 2001, and again seriously annoyed and alarmed. The Defendant did concur an official ramification costly a civil action preparatory the common pleas court; criminal case term number 01- 0494, which did terrorize me affectionate a loss and a disadvantage. Pursuant such contemplation I was searched and denied my property rights relevant an information and several pecuniary transactions, safeguarding a Ms, Marcia Kuhn and the said; Mr. Darrell Dethlefs, whom did officially misrepresent me considerate a Mr, Dirk Berry, Mr. Darrell Dethlefs is alleged to be a Public Defender or Attorney in the Cumberland County, Ms. Marcia Kuhn is alleged to be an Accounts Officer or Accountant in the Cumberland County, On December 7, 2001, I, Cory A. Cormany, did once again order a summary hearing, objectional an appeal, to Mr. Dirk Berry reportorial an alleged incident said to have occurred in Middlesex Township. Pursuant thereto my acknowledgment, and relevant therein my commitment, the Defendant Dirk Berry did inform me that criminal elements concerning the offenses defined did not matter and were irrelevant to the disposition of a hearing petitioned by a Ms, Paula Correal. The Defendant did state that the aforesaid matter would be bound over to a higher court and did litigate a common pleas court case term number 01- 0432. Proceeding and prescient the aforementioned documentation; I was not notified of a future release date from prison, nor petitioned aware of such said factual case term numbers, nor serviced and swnmoned knowledgeable a scheduled Formal Arraignment or said Charge. I had pursued a "Legal Service", relevant a child custody matter, allegory hereto and prior the aforementioned. The Defendant Dirk Berry did inform me pursuant January 25, 2002, that I was serviced circumstantial a case term number 01-2536 and charged with resisting arrest in light of a previous numeric deception, or mistake, and a said; summary acquittal. During or about the aforesaid ramification the Honorable Judge Guido of the Cumberland County Courts allegedly posted a bail imposition, and did schedule a pre-trial and trial for matters documented in the Common Pleas Court of Pennsylvania. Mr, Dirk Berry is alleged to be a Public Defender or Attorney in the Cumberland County, Ms. Paula Correal is alleged to be a District Justice or Magistrate in the Cumberland County. I, Cory A, Cormany, on this ,!;Ie.I"'-... day of -I.-G\orvCA , of the year 2002, do hereby swear as a citizen and a voter of the Co~onwealth of the United States that the above facts are true and correct to the best of my knowledge and belief. r-::~. 0.< c;,~ ~~ory A, Cormany ....... o1,Mu /0;) Dated =x-ltu.. )} 4UL Pl Witness [Notarial Seal Helen D. Sneed, Notary Public Middlesex Twp., Cumberland County My Commission Expires June 24, 2002 M~~mber, Pennsylvania Association of Notaries EXHIBIT E (9) '7:7.~~rr'r';-;.~'.; PROBATION OFFICE CUMBERLAND COUNTY, PENNSYLVANIA HAROl.D E. SHEEl.Y - President Judge GEORGE E. HOFFER. Judge EDGAR B. BAYLEY. Judge KEVIN A. HESS - Judge probation and Parole Officers EUZABETH D. BAKER THOMAS A. BOYER DENNIS M. DRACHBAR MICHAEL J. DUNSMORE DOUGLAS M. DURNIN A. KERRY GORMAN DEBORAH D. GRAEFF LYLE M. HERR CHARLES R. McKENRICK PAUL S. MEURON GREGORY S. MILLER SAMUEL E. MILLER, lR. HENRY 1. THIELEMANN MICHAEL D. VARNER KENNETH W. BOLZE Chief Probation and Parole Off"lCCr JOSEPH L. OSENKARSICl Supervisor , J...mJe Service. JOHN H. ROLLER Supervisor' Adult Service. BARRY E. HAIR Office Ma;rJCoUections Su.pvr. Probatioll ud. Parole O""tccn II S. GARETH GRAHAM DA VlD L. MYERS COURT HOUSE P.O. BOX S92 CARLISLE, PENNSYLVANIA 17013 WARRAN'f' TO ,.010[['1' AND Rr.rA!!! To the Sheriff, Superintendent of the Prison or House Of Correction, or any officer of the Court of the COlIIlIIOnwealth, Municipal Court, Police Department, Constalltle, etc. - GRBB'l'IIIGS : By virtue of the authority given to me undelr the Act of August 6, 1963, P.L. 521, Sec. 1, 61 P.S. 309.1, you are hereby authorized and directed to commit and retain for violation of probation or parole CORY A. CORMANY NAME 358 110. CRIMINAL 86 Y1lAR until his case shall be heard or there shi!ll be an Order by the appropriate authority to release him. 10-1-89 DATE dc?jV v' I~RO~IOH OFFICER List a11 alleged new charges or technical "iolations: 1) Use of alcohol. Based on observation and admission 2) Arrest for Criminal Mischief and possibly Criminal Trespass 3) Failure to comply with conditions o:f "Home Contract" Telep~ Adult Probation CosuIFines Shippensburg (711) 240-6255 (7111 24O-<i21S (717)532-7286 Tetephone Juvenile ProbItion DUl Proarams Toll Free W~SI Shore (111) 240-6265 (1l1)24O-<i280 (117)697.0]71 Toll Free lO/H/OJ -z- CERTIFICATION OF SERVICE AND NOW, this day of 2004, I, Cory A. Cormany, foregoing the aforesaid matter knowledgeable a legal pretext and the Commonwealth of Pennsylvania, hereby certify that I have served upon the following a true and correct copy of the Motion To Sustain Conviction Case No. 95-0310 by the United States Mail at Carlisle Pennsylvania, addressed as follows: Mr. Lyle M. Herr 1 South Hanover St. Carlisle, Pa. 17013 Cory A. Cormany 1883 Douglas Dr. Carlisle, PA 17013 CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW LYLE M. HERR, Defendant NO. 04-927 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of April, 2004, upon consideration of Plaintiffs petition to proceed in forma pauperis, and the proposed cause of action against Defendant Herr being unintelligible, the petition is denied. BY THE COURT, (~( ~~) I . -. 11 Wesley Oler, ., Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se :rc 05 -03 -0 t./ \-!INV^l,\SI\lN~d JJ.Nn"''''' ~\" ,"' '''''"V In:) ',.)-..1 1 1"..,.;f,.m,"i. "1 _." >..,- '".", LS:IIWV GlHdV~OOZ J,ovlONOH10tJd 3Hl :lO 38!::L-b-Cl311:l PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Al'gument Court. CAPTION OF CASE (entire caption must be stated in full) Cory A. Cormany (plaintiff) vs. Lyle M. Herr (Defendants) No. 927 Civil 2004 1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Plaintiff is Pro Se: Cory A. Cormany Address: 1883 Douglas Drive, Carlisle, PA (b) for defendant: William J. Devlin, Jr., Esquire Address: William J. Devlin, Jr., & Associates, Suite 200, 100 W. Elm St. Conshohocken, PA 19428 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 24, 2005 Dated: lin, Jr., Esquire Defendlant Lyle o ~;: r-> co ~ """ c::~ r~ N N ;0. -:::~, -:-: ~ -' :t:..,., trip' -(,1 (l~ ?3'[, ;~~l~\ ::'Srn ,::::., 55 :..:. 4? c..n - CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LYLE M. HERR, Defendant : NO. 04-927 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT LYLE M. HERR TO PLAINTIFF'S COMPLAINT BEFORE HESS and OLER, JJ, ORDER OF COURT AND NOW, this 28th day of September, 2005, upon consideration of the preliminary objections to Plaintiff s complaint filed on behalf of Defendant Herr, and for the reasons stated in the accompanying opinion, it is ordered and directed that the preliminary objections filed on March 15,2004, are sustained to the extent that they seek dismissal of Plaintiffs complaint, and Plaintiffs complaint is dismissed as to Defendant Herr. BY THE COURT, ".eO;-y A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro Se 7 ;ft' ~iam J. Devlin, Jr., Esq. Devlin & Devine Suite 200 100 West Elm Street Conshohocken, PA 19428 Attorney for Defendant ~ }Jf',in:,-/-', n~ "'::'i/,jn8 III :S Hd 82 d3S SOal AHvlOi\JOH.LOud '~Hl :fO :JJU~o"mll::J "------- CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LYLE M. HERR, Defendant NO. 04-927 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT LYLE M. HERR TO PLAINTIFF'S COMPLAINT BEFORE HESS and OLER, JJ. OPINION and ORDER OF COURT OLER, J., September 28,2005. This case was commenced by a complaint filed by pro se Plaintiff Cory A. Cormany against Defendant Lyle M. Herr. 1 Defendant has filed preliminary objections in response to Plaintiffs complaint? The preliminary objections being pursued by Defendant are in the nature of a demurrer3 and a motion to strike for failure to plead facts in a concise and summary form in conformity with Pennsylvania Rule of Civil Procedure 10 19(a), 4 inter alia.5 In the preliminary objections, Defendant notes that the "Plaintiffs complaint contains paragraph after paragraph of nonsensical sentences[,] some of which contain English words and some [of] which contain words that appear to be wholly made up by Plaintiff.,,6 1 Plaintiffs complaint 2 Preliminary Objections of Defendant Lyle M. Herr to Plaintiffs Complaint, filed March 15, 2004 (hereinafter preliminary objections of Defendant Herr). 3 Preliminary objections of Defendant Herr, para. 10. 4 Preliminary objections of Defendant Herr, para. 11. .\ Preliminary objections of Defendant Herr, para, 12. 6 Preliminary objections of Defendant Herr, para. 4. The preliminary objections were argued before the above court en banc on August 24, 2005. Plaintiff neither submitted a brief nor appeared for argument. For the reasons stated in this opinion, the preliminary objections will be sustained and Plaintiffs complaint against Defendant Herr will be dismissed. STATEMENT OF FACTS Plaintiffs complaint, which was filed on March 4,2004, contains 14 paragraphs and 70 pages of exhibits. Paragraph I of the complaint identifies the Plaintiff as "an adult individual residing in the Cumberland County Community, Cumberland County, Pennsylvania."? Paragraph 2 states that "Defendant is Lyle Herr, an adult individual residing in the Cumberland County Community, Cumberland County, Pennsylvania."s Typical examples of paragraphs found in Plaintiffs complaint are: 3. The subiect matter is a United States District Court Summons petitioning the clerk of courts to quash an expungement Case No. I:CV-04-454.9 * * * * 5. Mr. Cory Cormany is the said to be convincible for the criminal conviction sustained in the Court of Common Pleas Cumberland County, substantial the Miscellaneous Term Case No. 95-0310.10 * * * * 12. The Defendant Lyle Herr is said to have investigated the Plaintiff Cory Cormany, and is said to have arrested the incident in question, respectfully submitted exhibits A through E. II 7 Plaintiffs complaint, para. 1. 8 Plaintiffs complaint, para. 2. 9 Plaintiffs complaint, para. 3. 10 Plaintiffs complaint, para. 5. II Plaintiffs complaint, para. 12. 2 The exhibits attached to Plaintiff Cormany's complaint which expressly refer to Defendant Herr purport to be copies of a Warrant To Commit and Retain signed by Defendant Herr, who was apparently Plaintiffs probation officer,]2 a letter from Defendant Herr to Plaintiffs attorney delineating the monetary balance owed by Defendant as a result of a criminal offense,]3 a revision to Plaintiffs parole conditions requiring cessation of all contact with the victim of his offense,14 a prior complaint (semble) naming Lyle M. Herr as a defendant,]5 and a copy of a complaint filed in the United States District Court for the Middle District of Pennsylvania in which the Plaintiff refers to Lyle M. Herr in one paragraph.16 None of these exhibits serves to render plaintiffs complaint more lucid. The preliminary objections of Defendant Herr, as heretofore described, were filed on March 15,2004. DISCUSSION As a general proposition, Pennsylvania courts are not required to entertain submissions which are incoherent, incomprehensible or unintelligible. See, e.g., Commonwealth v. Albert, 522 Pa. 331, 561 A.2d 736 (1989). Thus, it has been said that "[p]reliminary objections are certainly appropriate where a pleading is . . . incoherent. . . ." Jackson v. Richards 5 & IO Inc., 289 Pa. Super. 445,451,433 A.2d 888,891 (1981). More specifically, under Pennsylvania Rule of Civil Procedure 1019(a), "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary 12 Plaintiffs complaint, Exhibit A. 13 Plaintiffs complaint, Exhibit B. 14 Plaintiffs complaint, Exhibit C. 15 Plaintiffs complaint, Exhibit D. ]6 Plaintiffs complaint, Exhibit E. 3 form." Implicit within this rule is a requirement that the pleading be intelligible. See Allensworth v, First Galesburg Nat'! Bank & Trust Co., 18 Ill. App. 2d 608, 152 N.E.2d 890 (1958). Where a portion of the pleading fails to conform to the rule, it is susceptible to a preliminary objection. See Pa. R.C.P. 1028(a)(2) (failure of pleading to conform to law or rule of court). Upon consideration of such an objection, the court may properly strike the affected pleading. See, e.g., Commonwealth, Pennsylvania Public Utility Commission v, Zanella Transit, Inc" 53 Pa. Commw. 359,417 A.2d 860 (1980). Under Pennsylvania Rule of Civil Procedure 1028(a)(4), a pleading which is legally insufficient to set forth a cause of action is also susceptible to a preliminary objection. Implicit within this rule as well is a requirement that the pleading be intelligible. See Allensworth v. First Galesburg Nat'l Bank & Trust Co., 18 Ill. App. 2d 608, 152 N.E.2d 890 (1958). Upon consideration of such an objection, the court may properly sustain a demurrer and dismiss the pleading. Id. In this regard, it is well settled that "[p ]leadings will be construed against a pleader on the theory that he or she has stated his or her case as best he or she can . . . ." 2 Goodrich Amram 2d 1019:7, at 249 (2001). In the present case, a careful reading of Plaintiff s complaint indicates that Plaintiff s claim against Defendant Herr is not stated in a concise and summary form in the sense of being intelligible, nor can the complaint be understood as setting forth any legally cognizable cause of action against Defendant Herr. Based upon the foregoing principles of law, the following order will therefore be entered: ORDER OF COURT AND NOW, this 28th day of September, 2005, upon consideration of the preliminary objections to Plaintiffs complaint filed on behalf of Defendant Herr, and for the reasons stated in 4 the accompanying opinion, it is ordered and directed that the preliminary objections filed on March 15,2004, are sustained to the extent that they seek dismissal of Plaintiffs complaint, and Plaintiffs complaint is dismissed as to Defendant Herr. BY THE COURT, sf J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Cory A. Cormany 1883 Douglas Drive Carlisle, PAl 70 13 Plaintiff, pro Se William J. Devlin, Jr., Esq. Devlin & Devine Suite 200 100 West Elm Street Conshohocken, PA 19428 Attorney for Defendant 5