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HomeMy WebLinkAbout09-8027 PETER J. CELANO, JR., ESQ. CELANO AND KRAMER 903 N. Broad Street Woodbury, New Jersey 08096 Attorney I.D. No. 34778 (856) 845-0005 RICHARD A. DOUGHERTY, JR 1 Huntington Turnersville, New Jersey 08012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. QQ COMMONWEALTH OF PENNSYLVANIA c/o Office of Attorney General 16`h Floor, Strawberry Square Harrisburg, Pennsylvania 17120 Defendant PETITION FOR RETURN OF PROPERTY AND NOW, comes the Plaintiff, Richard A. Dougherty, Jr., who resides at 1 Huntington, Turnersville, New Jersey 08012, who respectfully represents the following: 1. Plaintiff, Richard A. Dougherty, Jr. is 49 years of age (Date of Birth - 09/05/60) and, at all times material hereto, was lawfully involved in casino gaming as a professional blackjack player. 2. On August 12, 2009, while returning to his home in New Jersey from a trip to casinos in Michigan, Plaintiff, Richard A. Dougherty, Jr. was operating a motor vehicle in an easterly direction on the Pennsylvania Turnpike (State Route 76), near mile post 225 in Middlesex Township, Cumberland County, Pennsylvania. 3. At the time and place as aforesaid, Plaintiff, Richard A. Dougherty Jr.'s vehicle was stopped by members of the Pennsylvania State Police, including Trooper Mark A. Gray, Badge No. 7763. 4. While Plaintiff, Richard A. Dougherty, Jr. was detained following the stop of his vehicle, Trooper Gray advised that he was part of a special detail investigating illegal activity, including the transportation of controlled substances. 5. In response to Trooper Gray's questioning, Plaintiff Richard A. Dougherty, Jr. stated that he had no controlled substances or contraband in his possession. 6. Trooper Gray then inquired whether Mr. Dougherty was in possession of any "cash". In response to police questioning, Plaintiff, Richard A. Dougherty, Jr. advised that he is a professional blackjack player and that he was in possession of approximately $28,000.00 in United States currency that he utilized in legal gaming activities. 7. Although the State Police had no probable cause to believe that Mr. Dougherty had committed any offense, Trooper Gray requested that Mr. Dougherty allow a search of his vehicle. 8. In response to Trooper Gray's request, Mr. Dougherty did allow his vehicle to be searched. 9. Members of the Pennsylvania State Police thoroughly searched Mr. Dougherty's vehicle and the search revealed no controlled substances or contraband. 10. However, without legal basis, Mr. Dougherty's currency was confiscated by the State Police. Mr. Dougherty was provided with a receipt for the currency that was confiscated, with a copy of said receipt being annexed hereto as "Exhibit A". 11. Following the subject motor vehicle stop on August 12, 2009, Mr. Dougherty was not charged with any criminal offense and was not cited for any motor vehicle offense. 12. The United States currency confiscated from Plaintiff, Richard A. Dougherty, Jr. by the State Police on August 12, 2009 was currency utilized by Mr. Dougherty in legal gaming activities as a professional blackjack player. The currency was not derived from any illegal activity. 13. Plaintiff, Richard A. Dougherty, Jr. is a law-abiding United States citizen who has not been convicted of any criminal offense. 14. Although the currency in question was confiscated from Mr. Dougherty on August 12, 2009, no criminal charges have ever been filed against him by the Commonwealth. 15. Informal requests by correspondence dated August 17, 2009 and again on October 13, 2009 have been made for the return of Mr. Dougherty's property, with copies of said correspondence being collectively annexed hereto as "Exhibit B". 16. The Commonwealth has refused and continues to refuse to return Plaintiffs property to him. Moreover, the Commonwealth has refused to provide the Plaintiff with the legal or factual basis for refusing to return his property. 17. To the best of plaintiffs knowledge, no application for forfeiture of the Plaintiffs property has been filed on behalf of the Commonwealth. WHEREFORE, Plaintiff, Richard A. Dougherty, Jr., hereby demands that this Honorable Court enter an Order directing the Office of the Attorney General of the Commonwealth of Pennsylvania to return Plaintiff s property to him forthwith. KRAMER By: NJR., ESQ. inti , Richard A. Dougherty, Jr. VERIFICATION I hereby verify that the statements made in the foregoing Petition for Return of Property are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. /" ?? /'44 ?'' //1 RICHARD A. DOUG TY, /// ' A Dated: November1-7 ° 2009 CERTIFICATION OF SERVICE I certify that a true copy of the within Petition for Return of Property has been transmitted via regular first class mail, postage prepaid to Mr. Robert Stewart, Deputy Attorney General, i Pennsylvania Office of Attorney General, 16th Floor, Strawberry Square, Harrisburg, j Pennsylvania 17120 on November 16, 20o,*? A Dated: November 16, 2009 EXHIBIT A 08/13/2009 10:16 FAX 856 719 Oa,d 2. INCIOENY NO. PROPERTY RECORD CONTINUATION 0 r o ffo" 00 W p, U r4 F '"p a W r ? Q W r 0o w 4 0 v _ 0 O \ W Q rf r N? ? o u W ^ o W f.) u y N W Q °? O _ f ? z s 4a rJ Z N 2 ;XOt{ ? QQ c) 0 O 0 O a: w a S LL W r 0 = 'w o ?o H a W r u a W µ1`J y W U ¢ '1 ?.J O N Q O li O LL Wa a m u, Z D O '- - m_ W U wmO LL W Ui f V.IW D ¢ 6O a W W z 0 J1 I1A? oWW W ? x 7 zz 1 1 Y r? ?q? sr w to m w S Z ?a °o 'I J W a y ac w CL >d W r °w o q z 41 a v A f w W r s ?- ? $ 1 9 z o rA v 7 a QI ? I `1 O IL W W / 1 W $I o 3 w LL ?, a J U c ?'f w • o g .yp/f1` W C+? ± o .-- N M DE91GNATOR/INVENTORY NO. o S -1 a W >- 0. z pN 0 L? « W N 2 O d O J W O O U J Q y O m w cc J (? aZCt u 1 z w -30D Va-Q N o to h O ? z 1a D -..J m 0 / t Co ? f ? s w La H W 4 0 ? b W d 0 In ? ti co rn o ? Z ? 000S 4 O W - _ z Ii N t W Q w W y ? 6 I . a 5 K W a a 0 y W 6 W t T F = ? Q z z n H y m N ZN K W Q IIJ ?= ti n EXHIBIT B PETER J. CELANO, JR. MARY BETH KRAMER MEMBERS OF THE NEW JERSEY AND PENNSYLVANIA BAR CELANO AND KRAMER ATTORNEYS AT LAW 903 NORTH BROAD STREET WOODBURY, NEW JERSEY 08096 (856) 845-0005 FAx (856) 384-1602 celanokramer@comcast.net August 17, 2009 VIA TELEFAX AND REGULAR MAIL Trooper Christopher Marietta Pennsylvania State Police Bureau of Criminal Investigation 1800 Elmerton Avenue Harrisburg, Pennsylvania 17110 PENNSYLVANIA OFFICE 3545 RHOADS AVENUE NEWTOWN SQUARE, PA 19o73 (610) 353-63o6 PLEASE REPLY TO: Woodbury Re: Commonwealth of Pennsylvania - Richard A. Dougherty, Jr. State Police Incident No. T05-5028905 Our File No. 8246 Dear Trooper Marietta: Our office represents Richard A. Dougherty, Jr., in the above matter. Mr. Dougherty was operating a vehicle on the Pennsylvania Turnpike near Carlisle, Pennsylvania on August 12, 2009 when his vehicle was stopped by Trooper Gray of the Pennsylvania State Police. Following the stop, Mr. Dougherty was not cited by the Trooper for any motor vehicle offense. However, Mr. Dougherty did receive a warning notice from the Trooper for a "left lane/passing lane" infraction. While Mr. Dougherty was detained following the stop, Trooper Gray advised that he was part of a special detail investigating illegal activity, including the transportation of controlled substances. In response to Trooper Gray's questioning, Mr. Dougherty stated that he had no controlled substances or contraband. Trooper Gray then inquired whether Mr. Dougherty was in possession of any cash/currency. Mr. Dougherty, who is a professional blackjack player, advised Trooper Gray that he was in possession of approximately $28,000.00 in United States currency that belonged to him. Trooper Gray requested that Mr. Dougherty allow him to search the vehicle and Mr. Dougherty complied. A search was conducted and the search revealed that there were no controlled substances or contraband in Mr. Dougherty's vehicle or on his person. However, without legal basis, Mr. Dougherty's currency was confiscated by the State Police and he received a receipt for same, with a copy of said receipt being enclosed. Mr. Dougherty is a law-biding United States citizen who has not been convicted of any criminal offense. The United States currency confiscated from Mr. Dougherty by the State Police on August 12, 2009 was currency utilized by Mr. Dougherty in legal gaming activities as a professional blackjack player. The currency was not derived from any illegal activity. • ? 't C CELANO AND KRAMER Trooper Christopher Marietta August 17, 2009 Page Two As Mr. Dougherty previously indicated, he had been playing blackjack at casinos in Michigan and was returning to his home in New Jersey at the time of the stop. Enclosed herewith is a receipt from the Quality Inn in Battle Creek, Michigan regarding Mr. Dougherty's stay at that hotel. As you can see, Mr. Dougherty's arrival date at that hotel was August 7, 2009 and he departed on August 11, 2009. Simply stated, there is no legal basis for the Pennsylvania State Police to continue to hold Mr. Dougherty's property. Accordingly, we are hereby requesting that the currency confiscated from Mr. Dougherty be returned to him immediately. Kindly acknowledge receipt of this letter. All further correspondence or communication regarding this matter should be directed to my attention. AMER B , JR. PJC/sms Enclosure cc: Mr. Richard A. Dougherty ,. A 11 , PETER J. CELANO, JR. MARY BETH KRAMER MEMBERS OF THE NEW JERSEY AND PENNSYLVANIA BAR CELANO AND KRAMER ATTORNEYS AT LAW 903 NORTH BROAD STREET WOODBURY, NEW JERSEY o8o96 (856) 845-0005 FAx (856) 384-1602 celanokramer@comcast.net October 13, 2009 VIA TELEFAX & REGULAR MAIL Mr. Robert Stewart, Deputy Attorney General Pennsylvania Office of Attorney General 16`h Floor Strawberry Square Harrisburg, Pennsylvania 17120 PENNSYLVANIA OFFICE 3545 RHOADS AVENUE NEWTOWN SQUARE, PA 19o73 (610) 353-63o6 PLEASE REPLY TO: Woodbury Re: Commonwealth of Pennsylvania - Richard A. Dougherty, Jr. State Police Incident No. T05-5028905 Our File No. 8246 Dear Mr. Stewart: As you know, our office represents Richard A. Dougherty, Jr., in the above matter. In a telephone conversation on September 25th, you advised that you are the Deputy Attorney General who is handling this matter for the Commonwealth. Enclosed herewith is a "follow-up" copy of my correspondence to Trooper Christopher Marietta dated August 17, 2009. Although over two months has passed since Mr. Dougherty's property was confiscated, the Commonwealth has refused and continues to refuse to return same. As we previously noted, Mr. Dougherty is a law-abiding United States citizen who has not been -convicted of any criminal offense. No criminal charges have been filed against Mr. Dougherty in connection with this matter. We have requested that the Commonwealth provide our office with the legal and factual basis for refusing to return Mr. Dougherty's property. To date, we have received no response except that the matter is "under investigation". It is unconscionable that the Commonwealth refuses to return Mr. Dougherty's property. If his property is not returned within the next seven (7) days of today's date, we will then proceed with an appropriate Petition for Return of Property and also file an action for violation of Mr. Dougherty's civil rights under 42 U.S. 1983. % k4 , CELANO AND KRAMER Mr. Robert Stewart, Deputy Attorney General October 13, 2009 Page 2 Please be guided accordingly. B) PJC/blc Enclosure cc: Mr. Richard A. Dougherty Very truly yours, AMER , JR. (2) OF Arataw 2aagt?ov ?B gn 2= to X78. go-pi-Al ems{ ?ggs3 aa?73Y R::" RICHARD A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA Defendant NO. 09-8027 CIVIL TERM ORDER OF COURT AND NOW, this 20t` day of October, 2009, upon consideration of Plaintiffs Petition for Return of Property, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, Peter J. Celano, Jr., Esq. LANO and KRAMER 903 W. Broad Street Woodbury, NJ 08096 Attorney for Plaintiff Robert B. Stewart, III, Esq. Deputy Attorney General Office of the Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Defendant :rc Cf Wesley , Jr., J. i 5 0??' SLED-OFFiCE CF THE PPCT?CCNOTARY 2009 PLOY 20 AM 11:0 4 Jj\ITY DETER J. CELANO, JR., ESQ. ~ELANO AND KRAMER 903 N. Broad Street Woodbury, New Jersey 08096 Attorney I.D. No. 34778 (856)845-0005 Attorneys for Richard A. Dougherty, Jr. COMMONWEALTH OF PENNSYLVANIA :- -.,- a ~ „~ :, ,, ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. CP-21-MD-919-2009 $28,360.00 U. S. CURRENCY Defendant RICHARD A. DOUGHERTY, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. N0.09-8027, CIVIL TERM COMMONWEALTH OF PENNSYLVANIA Defendant STIPULATION AND ORDER OF CONSOLIDATION The parties do hereby stipulate that the above actions arise out of a common occurrence that took place on or about August 12, 2009, and the parties do consent to the consolidation of both matters for the purpose of d~covery and trial. AND NOW, this ~°" day of ~"~ , 2010, it is hereby ORDERED that the abov~actio are consolida~gd or the purpose of discovery and trial. ~~~ ~ a~ COMMONWEALTH OF PENNSYLVANIA v. $28,360.00 U.S. CURRENCY RICHARD A. DOUGHERTY, JR. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-MD-919-20090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COMMONWEALTH OF PENNSYLVANIA NO. 09-8027 CIVIL TERM MOTION OF RICHARD A. DOUGHERTY, JR., TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 5th day of March, 2010, upon consideration of the Motion of Richard A. Dougherty, Jr., To Compel Discovery, a Rule is hereby issued upon the Commonwealth to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, Robert B. Stewart, III, Esq. Deputy Attorney General Office of the Attorney General Drug Strike Force Section 106 Lowther Street Lemoyne, PA 17043 Attorney for the Commonwealth of Pennsylvania it J: Lesley Oler, ,r., J. a. J c. ' p - . = . :, ;; y, r.- , A ~, ~ ~~-- ~ ~ _.:. ~~~= g ~, ~_.~ =' w ~ t't't ~, .;,~ © ~ Peter J. Celano, Jr., Esq. Celano and Kramer 903 N. Broad Street Wood bury, NJ 34778 Attorney for Richard A. Dougherty, Jr. rc Y COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA v. $28,360.00 U.S. CURRENCY CP-21-MD-919-2009 RICHARD A. DOUGHERTY, 1N THE COURT OF COMMON PLEAS OF JR. CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW /.. COMMONWEALTH OF PENNSYLVANIA N0.09-8027 CIVIL TERM IN RE: COMMONWEALTH'S MOTION FOR CONTINUANCE OF DISCOVERY HEARING AND FOR CONTINUANCE OF FORFEITURE HEARING ORDER OF COURT AND NOW, this 29`~ day of June, 2010, upon relation of Robert B. Stewart, III, Esq., Deputy Attorney General, that these cases have been settled, the Commonwealth's Motion for Continuance of Discovery Hearing and for Continuance of Forfeiture Hearing is deemed moot, and the hearings scheduled for June 30, 2010, and July 12, 2010, are cancelled. BY THE COURT, Wesley Ol~r, Jr., J.? n ^' ~ ~ o , w. `? LA- ~ 3 ~f! ~Y; ~ -~,m . -_ '',L ~~ ~ ~.: ~ ~ti .I C i `~.C7 h1 '< Robert B. Stewart, III, Esq. Deputy Attorney General Office of the Attorney General Drug Strike Force Section 106 Lowther Street Lemoyne, PA 17043 Attorney for the Commonwealth of Pennsylvania Peter J. Celano, Jr., Esq. Celano and Kramer 903 N. Broad Street Woodbury, NJ 34778 Attorney for Richard A. Dougherty, Jr. :rc ~., ~~~ ~ Y eo ~ 4 zgl~a