HomeMy WebLinkAbout02-0209IN THE COURT OF COMMON PLEAS OF
CIVIL ACTION
RANDY DRAWBAUGH
3400 CONCORD RD
YORK PA 17402
PLAINTIFF
VS-.
HAMPDEN TOWNSHIP
POLICE
230 SPORTING HILL RD
MECHANICSBURG PA 17055-3097
PATROLMAN
JAMES MCANDREWS AND
PATROLMAN STEVEN SHISSLER
DEFENDANTS
CIVIL ACTION: ~
TRIAL BY JURY
DEMANDED
PRAECIPE FOR SU~94ONS
TO THE PROTHONOTARY/CI~ERK SAID COURT:
ISSUE SUMMONS IN: HAMPDEN ~SHIP POLICE 230 SPORTING HILL RD MECHANICSBURG PA
17055-3097,IN THE ABOVE CASE .....
__ WRIT OF SUMMONS SHALL BE ISSUED AND FORWARDED TO ATTORNEY/SHERIFF..
.,/ PRO-SE ~'
RANDY DRAWBAUGH #15987
3400 CONCORD RD
YORK PA 17402
SUMMONS IN CIVIL ACTION
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU..
PROTHONOTARY/CLERK,CIVIL DIVISION
DATE:
BY
DEPUTY
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
RANDY DRAWBAUGH
3400 CONCORD RD
YORK PA 17402
PLAINTIFF
VS.
CIVIL ACTION:
HAMPDEN TOWNSHIP :
POLICE
230 S. SPORTING HII,I. RD :
MECHANICSBURG PA 17055-3097
PATROLMEN- JAMES MCANDREW AND :
S.SHISSLER PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
AND NOW,COME THE PETITIONER,RANDY DRAWBAUGH,AND ALLEGES AS FOLLOWS:
(1) PETITIONER RANDY DRAWBAUGH,IS AN ADULT INDIVIDUAL RESIDING AT
3400 CONCORD RD YORK PA 17402,
(2) PETITIONER IS INDIGENT AND FINANCIALLY UNABLE TO PAY THE FEES
AND COST NECESSARY FOR FILING AND SERVING THIS ACTION.
(3) PETITIONERS FINANCIAL GZRCUMSTANCES ARE MORE FULLY SET FORTH
IN THE ATTACHED IN FORMA PAUPERIS QUESTIONNAIRE.
(4) PETIONER HAS A MERITORIOUS CAUSE OF ACTION AND WILL BE DENIED
ACCESS TO THE COURT AND DUE PROCESS OF LAW IF NOT ALLOWED TO
PROCEED IN FORMA PAUPERIS...
WHEREFORE,PETITIONER PRAYS THAT THE HONORABLE COURT ENTER AN ORDER
ALLOWING THIS ACTION TO PROCEED IN FORMA PAUPERIS,WITHOUT PREPAYMENT OF
COST OR FEES..
PETIT~ONE~-~PRO-SE ~'
I UNDERSTAND THAT THE STATEMENTS IN THE FOREGOING PETITION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS ARE MADE UNDER THE PENALTIES PROVIDED BY 18 pa.
C.S.A. 4904 (RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES).
P~T I T I ONER- ~"
RANDY DRAWBAUGH
3400 CONCIORD RD
YORK PA 17402
VS.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
:
CIVIL ACTION:
:
HAMPDEN TOWNSHIP :
POLICE
230 S. SPORTING HILL RD :
MECHANICSBURG PA 17055-3097
PATROLMEN :
JAMES MCANDREW AND STEVEN
SH I S SLER FINANCIAL AFFIDAVIT
(1) I AM THE PLAINTIFF IN THE ABOVE MATTER AND BECAUSE OF MY FINANCIAL CONDITION AM
UNABLE TO PAY THE FEES AND COST OF PROSECUTING OR DEFENDING THE ACTION OR PROCEEDING.
(2) I AM UNABLE TO OBTAIN FUNDS FROM ANYONE, INCLUDING MY FAMILY AND ASSOCIATES, TO PAY
THE COST OF LITIGATION.
(3) I REPRESENT THAT THE INFORMATION BELOW RELATING TO MY ABILITY TO PAY THE FEES AND
COSTS IS TRUE AND CORRECT:
NAME: RANDY DRAWBAUGH
3400 CONCORD RD
YORK PA 17402
SOCIAL SECURITY NO: 171-46-3860
LAST EMPLOYED: 7/31/00 WAGES: 300.00 PER WEEK.
STOCKS AND BONDS: NONE
DEBTS AND OBLIGATIONS: NONE
MORTGAGE: NONE
RENT: NONE
LOANS: NONE
PERSONS DEPENDANT UPON YOU: NO ONE
EXPENSES
RENT/MORTGAGE: NONE
TAXES: NONE
ELECTRIC: NONE
GAS: NONE
HEATING OIL: NONE
WATER: NONE
SEWER: NONE
TRASH: NONE
PROPERTY INSUARANCE: NONE
TEr.F. PHONE: NONE
CAR LOAN: NONE
CAR INSUARANCE: NONE
GASOLINE/OIL/REPAIRS: NONE
MEDICAL/DENTAL: NONE
LIFE/HEALTH INSURANCE: NONE
FOOD(FOOD STAMPS) NONE
TYPE OF WORK: MECHANIC,
OTHER INC~ WITHIN THE PAST TWELVE MONTHS:
NONE AT ~TI.,BEEN IN CARCERATED SINCE 10/20/2000
OTR~ CONTRIBUTIONS TO HOUSEHOLD SUPPORT:
WIFE:SEPERATHD
PROPERTY OWNED: NONE..
CASH: NONE
CHECKING ACCOUNT: NONE
SAVINGS ACCOUNT: NONE
CERTIFICATE OF DEPOSIT: NONE
REAL ESTATE: NONE
MOTOR VEHIC}~.F.: NONE
HOUSEHOLD SUPPLIES/LAUNDRY: NONE
CHILD CARE: NONE
CLOTHING: NONE
LOANS: NONE
CHARGE ACCOUNTS: NONE
MISC~.LANEOUS: NONE
TOTAL MONTHLY EXPENSES:
I UNDERSTAND THAT I HAVE A CONTINUING OBLIGATION TO INFORM THE COURT OF IMPROVMENT IN MY
FINANCIAL CIRCUMSTANCES WHICH WOULD PERMIT ME TO PAY THE COST INCURRED HEREIN ....
I VERIFY THAT THE STATEMENTS INTHIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT
FALSE STATEMENTS HEREIN ARE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904, 9~.ATING TO
UNSWORN FALSIFICATION TO AUTHORITIES, WHICH UPON CONVICTION PROVIDES FOR A FINE NOT
TO EXCEED $2500.00 OR FOR IMPRISONMENT FOR A T~F~ NOT TO EXCEED ONE YEAR ......
--P~TITIONE-R ~' ~
RANDY DRAWBAUGH,
PLAINTIFF
V=
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
HAMPDEN TOWNSHIP POLICE,
PATROLMAN JAMES MCANDREWS
AND PATROLMAN STEVEN
SHISSLER,
DEFENDANTS
: 02-0209 CIVIL TERM
AND NOW, this ~ day of January, 2002, the petition to proceed
in forma pauperis, IS GRANTED at this time solely in that plaintiff may file a writ of
summons and obtain service without the payment of fees.
Randy Drawbaugh, Pro se
3400 Concord Road ..~.'~_~A.
York, PA 17402
:saa
Edgar B. B~j~l~y,~
VlNVA'tASNNr'-J~
,kI.NrlOO
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RANDY DRAWBAUGH,
Plaintiff
HAMPDEN TOWNSHIP POLICE, :
PATROLMAN JAMES McANDREWS, :
and PATROLMAN STEVEN SHISSLER,:
Defendants :
NO. 02-209 CIVIL ACTION
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendants, Hampden Township
Police, Patrolman James McAndrews and Patrolman Steven Shissler, in the above-
referenced matter.
DATE:
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
By: ~ng, Esquire '
Arty No. 53904
301 Market St., Suite 800
P.O. Box 1245
Harrisburg, PA 17108-1245
Attys for Defendants, Hampden
Township Police Department,
Patrolman James McAndrews and
Patrolman Steven Shissler
CERTIFICATE OF SERVICE
I, Linda L. Gustin, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this ~. _~44q day of February, 2002, ! served
a true and correct copy of the foregoing Entry of Appearance via U.S. First Class mail,
postage prepaid, addressed as follows:
Randy Drawbaugh
Inmate # 15987
York County Prison
3400 Concord Road
York, PA 17402
Linda L. Gustin
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RANDY DRAWBAUGH,
Plaintiff
HAMPDEN TOWNSHIP POLICE, :
PATROLMAN JAMES McANDREWS, :
and PATROLMAN STEVEN SHISSLER,:
Defendants :
NO. 02-209 CIVIL ACTION
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Please enter the accompanying Rule upon Plaintiff for a Complaint in the above-
referenced matter.
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
By:
Atty No. 53904
301 Market St., Suite 800
P.O. Box 1245
Harrisburg, PA 17108-1245
Attys for Defendants, Hampden
Township Police Department,
Patrolman James McAndrews and
Patrolman Steven Shissler
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RANDY DRAWBAUGH,
Plaintiff
V.
HAMPDEN TOWNSHIP POLICE,
PATROLMAN JAMES McANDREWS,
and PATROLMAN STEVEN SHISSLER,
Defendants
NO. 02-209 CIVIL ACTION
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
RULE
TO PLAINTIFF, RANDY DRAWBAUGH:
Please file your Complaint in the above-captioned matter within twenty (20)
days or suffer a judgment of non pros.
By:
Curtis R. Long
Prothonotary
CERTIFICATE OF SERVICE
I, Linda L. Gustin, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this o~q~ day of February, 2002, I served
a true and correct copy of the foregoing Praecipe for Rule to File Complaint via U.S.
First Class mail, postage prepaid, addressed as follows:
Randy Drawbaugh
Inmate # 15987
York County Prison
3400 Concord Road
York, PA 17402
Linda L. Gustin
SHERIFF'S RETURN -
CASE NO: 2002-00209 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DRAWBAUGH P~ANDY
VS
HAMPDEN TOWNSHIP POLICE ET AL
REGULAR
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
HAMPDEN TOWNSHIP POLICE the
DEFENDANT , at 1103:00 HOURS,
at 230 SPORTING HILL RD
MECIiANICSBURG, PA 17055-3097
on the 28th day of January , 2002
by handing to
GLENN ADAMS, DETECTIVE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this ~ ~ day of
f ~rothonotary ' /
So Answers:
R. Thomas Kline
0 /29/2002
RANDY DRAWBAUGH~ ~
By: !e puget y ~c~he [ri~f~
SHERIFF'S RETURN -
CASE NO: 2002-00209 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DRAWBAUGH P~ANDY
VS
H3LMPDEN TOWNSHIP POLICE ET AL
REGULAR
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
MCANDREWS JAMES PATROLMANthe
DEFENDANT at 1103:00 HOURS,
at 230 SPORTING HILL RD
MECHANICSBURG, PA 17055-3097
GLENN ADAMS, DETECTIVE
on the 28th day of January 2002
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ ~ day of
J~ Jo~__ A.D.
/ ~rothonotary ' '
So Answers:
R. Thomas Kline
01/29/2002
P~ANDY DRAWBAUGH ~
Deputy Sheriff
. SHERIFF'S RETURN - REGULAR
CASE NO: 2002-00209 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DRAWBAUGH R3kNDY
VS
HAMPDEN TOWNSHIP POLICE ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
SHISSLER STEVEN PATROLMANthe
DEFENDANT
, at 1103:00 HOURS,
at 230 SPORTING HILL RD
MECH3kNICSBURG, PA 17055-3097
GLENN ADAMS, DETECTIVE
a true and attested copy of WRIT OF
on the 28th day of January , 2002
by handing to
SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ ~
day of
~Prothonotary
So Answers:
R. Thomas Kline
01/29/2002
RANDY DRAWBAU~
Deputy Sheriff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RANDY DRAWBAUGH,
Plaintiff
HAMPDEN TOWNSHIP POLICE,
PATROLMAN JAMES McANDREWS,
and PATROLMAN STEVEN SHISSLER,.
Defendants :
NO. 02-209 CIVIL ACTION
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
I, James D. Young, Esquire, counsel for Defendants in the above-referenced matter,
certify that the Praecipe for Rule to File Complaint and Rule in the above-referenced
case was served on the Plaintiff via Certified mail, Return Receipt Requested (Article No.
7000 1530 0005 0137 5838) on February 27, 2002. The original return receipt card is
attached hereto.
DATE: 3- ~' 02, By:
Sworn and subscribed to
before me this ~ day
of ,2002.
Notary Public
My Commission Expires:
NOTARIAL SEAL ~
LINDA L. GUSTIN, NOTARY PUBUC ~
CiTY OF HARRISBURG, DAUPHIN COUNTY~
N~ COMMISSION EXPIRES OCTOBER 17, 20~5
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
Attorney I.D. # 53904
P.O. Box 1245
Harrisburg, PA 17108-1245
(717) 233-6633
Attorney for Defendants
! ~,emplete items 1, 2, and 3. ALso complete
-item 4 if Reatd~ed Delivery is de~ired.
· Print your nam~ end address of~ the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the flont If space permits.
A. Received by (Pleese Prfnt Cieariy)
r'l Insured Mail
4. Restflc~ Delivery? ~ Fee) [] Ye~
2. Af'cicle Numbe~' (Copy from sewice label) -- ~
q 000 LS~O ooo~ o [3q ~_~3~
PS Fo~ 381 1, July 1999 ~m~tlc R~um R~aipt
102595~0-M'0~
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RANDY DRAWBAUGH,
Plaintiff
HAMPDEN TOWNSHIP POLICE,
PATROLMAN JAMES McANDREWS,
and PATROLMAN STEVEN SHISSLER,:
Defendants
NO. 02-209 CIVIL ACTION
CML ACTION - LAW
FUDGE
JURY TRIAL DEMANDED
NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS
TO: Randy Drawbaugh, Plaintiff
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAy LOSE YOUR RIGHT TO SUE THE
DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Respectfully submitted,
DATE:
Lavery, Faherty, Young & Patterson, P.C.
Ja~sD~. Young, E~
By: ~
Atty No. 53904
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Attys for Defendants
CERTIFICATE OF SERVICE
I, Sharry D. Semans, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this ~ -2 ~ day of April, 2002, ! served a
true and correct copy of the foregoing Notice of Praecipe Enter Non Pros to Plaintiff,
Randy Drawbaugh, via U.S. First Class mail, postage prepaid, addressed as follows:
Randy Drawbaugh
Inmate #15987
York County Prison
3400 Concord Road
York, PA 17402
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY P~NNSYLVANIA
CIVIL DIVISION
RANDY DRAWBAUGH
Plaintiff,
Vt
HAMPDEN TOWNSHIP POLICE DEPT.
PATROLMAN JAMES MCANDREWS
PATROLMAN STEVEN SHISSLER
Defendants,
NO.: 02-209 Civil Action
Judge
Jury Trial Demanded
COMPLAINT AND STATEMENT OF FACTS
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES defendant, Randy Drawbough, who is the complainant
in the above matter, presenting the statement of facts, which
are set forth as :
1. On October 20th 2000, plaintiff was picked up at 160 castle
drive mechanicsburg Pa., for a Parole warrant only. Plaint-
iff's 1990 Dodge Daytona was sitting at said address.
e
Plaintiff wrote a letter to Hampden Township Police on
10-30-00. (See Exhibit ~
-1-
HAMPDEN TOWNSHIP POLICE DEPARTMENT
230S. Sporting Hill Road
Mechanicsburg, Pa. 17050
SERVICE CALL INCIDENT REPORT
COMPLAINANT'S NAME:
AGE:
ADDRESS:
INCIDENT:
Twigg's
unlawfull use of reg plate
LOCATION:
PHONE: (H)
160 Castle Drive
DATE B~EFWEEN HOUR D WI< MTH DAY YR
AT
DATE RECEIVED:
TIME RECEIVED:
TIME CLEARED:
10/21/00
VB~uCLE IlqV. YEAR ~ BODY TYI~ COLOR R.~C~ & ~ SEI~IA~ OR VI~
SUSPECT 1990 DODGE Daytona blue ??77777
DETAILS OF COMPLA[N'I called on 10/21 and told #8 that PSP took the reg plate off the
above vehicle when they made me big bust on Wednesday. He advised that someone (probably
Sean Arnold) put another tag on it and drove away. f~8 checked the area and could not find the
vehicle. Arnold is under DUI suspension.
On 10/22/00 1 went by at 0915 hrs and the car was there. Pa BYM 6766 1 added the plate
number on #8 paperwork.
On 10/22/00 at 1100 hrs called again and told #10 that the car was there now. He
had me go down to see what wes going on with the tag.
Pa BYM 6766 is registered to Lisa Kennedy160 Castle on a1989 Mercury
DISPOSITION/ACTION TAKEN: I went to 160 and spoke to Kennedy. She ad~/ised tha'~ the car
was "given" to her by Randy and she was in the process of transfering the tag over to this vehicle.
I explained that she could not display the registration on the vehicle until it was properly assigned.
The yin has a listed owner of Lynn B. Lowe 715 Anthony Rd. East Berlin Pa. 17316. Kennedy did
not know Lowe. She advised that the only reason that the tag was on the vehicle was to get park
managment off her back. I then advised her that someone told us that the car was being driven
yesterday. She took the tag off and advised that she would get it all straightened out.
ADD]TIONAL ]NFO~T[ON: Evidently she told Arnold of my visit. He then called the PSP troop
that was involved in the arrest. The told him to put a paper tag on it for now since they confiscated
the plate. They will give it back when they can. Arnold and Kennedy then came to the station to let
us know what was going on. Arnold advised that Randy, his dad bought the car from LOWE. But
the transfer has not been updated in Penn Dot computers. Arnolds sister has the pink slip. There
is a Temporary tag paper in the back window of the dodge now. Arnold will go and get the pink
slip and keep it with the vehicle.
While they were hear #8 asked Arnold about his license suspension. He acknowledged the
suspension and advised that he knew it was a dui related suspension and is aware of the penalty
for DUS DUI related
OFFI~JP_~'S SIGNATURE:
COMPLAINANT'S SIGNATURE:
Prim. Steven S. Shissle ] ACX E #
DATE: /~/Zz
Hampden Township
Board of commissioners
MelVyn C. FinkeJstein, President
Jarl]es E, Rendlcr, vice President
Isabell Stathas
Nevin W. Funk
Donald R McCallin
Township Manager
John E. Bradley, Jr
R~ndy Drdwbaugh #15987
3400 Concord Road
York, PA 17402
11-02-2000
Randy Drawbaugh,
In response to your letter of 10-30-00, please be advised tt~t NO m~mber of the
H~mpden TwpPolice searched ony vethcle at 160 Castle Drive, nor gave any keys to anyone
on the day that you were e~-rested at the trailer.
Please refer to the enclosed incident report regarding tke only contact this
dep~r~nent has had with the Dodge Daytona to which you refer. No member of tb~s
dep~rtment h~s seen any official document concerning wPD the owner of the veP~cle is, and
the VIN shows the owner to be Lynn B. Lowe 715 Anthony Rd East Berlin, PA.
Fry only contact with this vehicle was on 10-21-00 when Lisa Kennedy and Sean Arnold
c~ne to the police station to speak with Officer Shissler.
As I explained to both yourmother and your counselor, if a towing service comes to
our police station with documentation showing that they have been contracted by the owner
of the vehicle to tow the car to a safe location, and the towing service has a copy of a
temporary registration for the vehicle, we will accc~pany the towing service to 160 Castle
while they recover the vehicle, to prevent any violence.
Please be advised t~t I will not file any cr~ninal ct~rges against anyone
concerning this vehicle.
Patroln~n James I. McAndrew
230 S. Sporting Hill Road Mechanicsburg, PA 17055-3097
E-Mail hampden@pa.net , Web Page http://twp.hampden.pa.us FAX (717) 761-7267 · TDD (717) 761-8533
Administration (717) 761-0119 Ambulance (717) 761-5343 Police (717) 761-2609 Recreation (717) 761-4951
Hampden Township
Board of commissioners
MelVyn C. Finkelstein, Presidenl
James E. Rend[er, Vice Presidenl
Isabel] Stathas
Nevin W Funk
Donald R McCallin
Township Manager
5Ohll E. Bradley, Jr.
Randy Drawbaugh ~15987
3400 Concord Road
York, PA ]7~02
12-04-2000
Randy Drawbaugh,
Please be advised that after I received the photocopy of the PA Certificate Of Title
that you mailed, on 11-28-00, I went to 160 Castle Drive and spoke with Lisa Kennedy, who
ny investigation revealed had been given permission to use the vehicle. Kennedy told me
that she had not seen the %~hicle for "some time" and did not know its location or who was
using the vehicle.
Therefore, the vehicle was entered into the nationwide police computer system as a
stolen vehicle.
On 12-02-00, Officer Barton, of the West Manchester Twp Police located the vehicle on
Baker Road. The vehicle was towed by Zech's Service Center 792-3679.
In order to reclaim the vehicle, you will first need to contact the West Manchester Twp
Police at 792-9514. You may refer to Incident Investigation Re_port # 2000120213.
Patrolman J~nes McAndrew
230 S1 Sporing Hill Road ~Mechanicsbutg, PA 17055-3097
E-Mailhampden@pa.net WebPagehttp://twp.hampden.pa.us FAX(717)761-7267 TDD(717) 761-8533
Adminis~ation (717) 761-0119 Ambulance (717) 761-5343 Police (717) 761-2609 Recreation (717) 761-4951
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RANDY DRAWBAUGH,
Plaintiff
V.
HAMPDEN TOWNSHIP POLICE,
PATROLMAN JAMES McANDREWS,
and PATROLMAN STEVEN SHISSLER,:
Defendants
NO. 02-209 CIVIL ACTION
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this day of ,2002, upon consideration
of the preliminary objections filed by Defendants, Hampden Township Police, Patrolman James
McAndrews, and Patrolman Steven Shissler, and any response thereto, it is hereby ORDERED,
ADJUDGED and DECREED that the preliminary objections are GRANTED. Plaintiff's
complaint is hereby DISMISSED with prejudice.
BY THE COURT:
Jo
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RANDY DRAWBAUGH,
Plaintiff
V. :
_.
HAMPDEN TOWNSHIP POLICE, :
PATROLMAN JAMES McANDREWS, :
and PATROLMAN STEVEN SHISSLER,:
Defendants :
NO. 02-209 CIVIL ACTION
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Plaintiff, Randy Drawbaugh
You are hereby notified to file a written response to the enclosed PRELIMINARY
OBJECTIONS within twenty (20) days from service hereof or a judgment may be entered
against you.
DEFENDANTS' PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
Defendants, Hampden Township Police Department, Patrolman James McAndrews, and
Patrolman Steven Shissler (hereinafter, "Objecting Defendants"), by and through their counsel,
Lavery, Faherty, Young & Patterson, P.C., hereby file their preliminary objections to the civil
complaint filed by Randy Drawbaugh (hereinafter, "Plaintiff'), and in support thereof, aver as
follows:
1. Plaintiff commenced this action with the filing of a writ of summons on or about
January 23, 2002. In response to a Rule issued February 26, 2002, and a subsequent April 18,
2002 Notice of Praecipe for Entry of Judgment of Non Pros, Plaintiff filed a civil complaint
against Objecting Defendants on April 30, 2002. A true and correct copy of Plaintiff's complaint
is attached hereto as Exhibit "A."
2. The complaint purportedly arises from the unauthorized use of a vehicle owned
by Plaintiff, and Objecting Defendants' failure to arrest those persons accused by Plaintiff of
engaging in such unauthorized use.
3. The complaint alleges that Plaintiff was incarcerated on October 20, 2000, at
which time the vehicle was parked at 160 Castle Drive in Mechanicsburg, Cumberland
Township, Pennsylvania. (Complaint, '~ 1).
4. Thereafter, on October 30, 2000, Plaintiffs mother, Betty Drawbaugh, is alleged
to have contacted Defendant Township to report the vehicle stolen by persons identified as Sean
Arnold and Lisa Kennedy. (Complaint, ~[ 2, Exh. "A").
5. The October 22, 2000 incident report attached to the Complaint as Exhibit "B"
indicates that Objecting Defendant Shissler investigated the report, interviewed Kennedy, and
attempted to ascertain the legal owner of the vehicle in question, which was registered with the
Pennsylvania Department of Transportation to a person other than Plaintiff. (Complaint, Exh.
"B").
6. Thereafter, Plaintiff avers that he sent an affidavit to Objecting Defendant Shissler
on November 2, 2000, denying that permission was ever given to Arnold or Kennedy for use of
Plaintiffs vehicle. (Complaint, ~[ 4, Exh. "C").
7. On November 28, 2000, Plaintiff avers that he provided Objecting Defendant
McAndrews with a copy of the Certificate of Title for the vehicle, listing Plaintiff as the legal
owner thereof. (Complaint, ¶ 5, Exh. "D").
8. Objecting Defendant McAndrews' subsequent investigation revealed that the
vehicle was no longer located at 160 Castle Drive in Mechanicsburg, Pennsylvania. Therefore,
the vehicle was entered into the nationwide police computer system as a stolen vehicle.
(Complaint, Exh. "D").
9. Based upon the foregoing allegations of fact, the complaint avers that Objecting
Defendants failed to properly perform their duties; failed to properly confirm ownership of the
vehicle with the Department of Transportation or its registered owner; and failed to arrest Lisa
Kennedy and Sean Arnold for auto theft.
10. Rule 1028(a)(4), Pennsylvania Rules of Civil Procedure, allows for the filing of
preliminary objections to a pleading, in the form of a demurrer, for lack of legal sufficiency.
11. Objecting Defendants respectfully submit that Plaintiff's complaint fails to assert
a claim or cause of action against them for which relief may be granted, such that it must be
dismissed with prejudice.
12. Objecting Defendant Police Officers at no time owed or breached any duty to
Plaintiff to arrest Lisa Kennedy or Sean Arnold.
13. Plaintiffs complaint asserts claims of negligence against Objecting Defendants,
recovery for which is barred by operation of the Pennsylvania Political Subdivision Tort Claims
Act, 42 Pa. C.S.A. §§ 8541, et seq.
14. Plaintiff has alleged no facts or allegations of any nature against Objecting
Defendant Hampden Township Police Department capable of being construed as claim against
this Defendant, which is entitled to immunity.
15. Plaintiff's complaint further seeks recovery of punitive damages from Objecting
Defendant Township and Police Officers, who have been sued in their official capacity. Punitive
damages may not be awarded for misconduct constituting only ordinary negligence. Plaintiff's
demand for punitive damages is further barred by statute in this case.
WHEREFORE, Objecting Defendants, Hampden Township Police Department,
Patrolman James McAndrews, and Patrolman Steven Shissler, respectfully pray that their
preliminary objections to Plaintiff's complaint be granted, and that the complaint be denied and
dismissed with prejudice.
DATE:
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
BY: ~4~
J . Young, E
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Attys for Defendants
4
oF b~''pV' c~
CERTIFICATE OF SERVICE
I, Linda L. Gustin, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this (~r~ day of May, 2002, I served a
true and correct copy of the foregoing Defendants' Preliminary Objections to
Plaintiff's Complaint via U.S. First Class mail, postage prepaid, addressed as follows:
Randy Drawbaugh
Inmate # 15987
York County Prison
3400 Concord Road
York, PA 17402
Linda L. Gustin
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
RANDY DRAWBAUGH
Plaintiff,
HAMPDEN TOWNSHIP POLICE DEPT.
PATROLMAN JAMES MCANDREWS
PATROLMAN STEVEN SHISSLER
Defendants,
NO.: 02-209 Civil Actkon
Judge
Jury Trial Demanded
COMPLAINT AND STATEMENT OF FACTS
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES defendant,
in the above matter,
are ~t forth as :
Randy Drawbough, who is the complainant
presenting the statement of facts, which
1... On October 20th 2000, plaintiff was picked up at 160 castle
drive mechanicsburg Pa., for a Parole warrant only. Plaint-
iff's 1990 Dodge Daytona was sitting at said address.
2e
Plaintiff wrote a letter to Hampden Township Police on
10-30-00. (See Exhibit A).
-1-
Plaintiff on 11-02-2000, received a letter back, along
With a report from patrolman Shissler refusing to file
any charges against Lisa Kennedy or Sean Arnold for stealing
my car. (See Exhibit B)
Plaintiff on 11-02-2000, sent an affidavit to patrolman
Shissler stating I never gave- Sean Arnold or Lisa Kennedy
permission to use my car. (See Exhibit C)
e
On 11-28-00, plaintiff sent a copy of his title to patrolman
James Mandrews proving I owned the car in question, although
patrolman Shissler and Mcandrews were aware through Pennsylv-
ania State Police and Lisa Kennedy, Sean Arnold, that I
was the legal owner from the start of this. (See Exhibit
D)
Exhibits A,B,C, and D should clearly speak for their self
on the failure of Hampden Township Police dept., patrolman
Shissler and patrolman Mcandrews to arrest Lisa Kennedy
and Sean Arnold for auto theft and return my car in a proper
manner (intact) it clearly states in exhibit(B) that my
car was there 2 days after my arrest. It clearly states
that the car was given to her by "Randy" which is a lie
it was not given but patrolman Shissler was aware then
that it was my car and by Sean Arnolds statement that I
bought the car from Lowe and Pen Dot did not update it
-2-
in the computers which could have been verified by the
Lowe's. Also if the police would have done their proper
duty's.
Wherefore, plaintiff request this honorable court to make
Judgement against the defendants in the sum of $5,000.00 as
compensatory damages.
Plaintiff request the further sum of $5,000.00 as punitive damages
the cost of the suit, and any such other and further relief
as the court may deem proper and necessary.
Submitted with the utmost
Respect,
Dated: April 26,2002.
Randy/Dr ~Qba6gh ~D.
York County Prison
3400 Concord Road,
York, Pa. 17402.
-3-
HAMPDEN TOWNSHIP POLICE DEPARTMENT
230S. Sporting Hill Road
Mechanicsburg, Pa. 17050
SERVICE CALL INCIDENT REPORT
COMPLAINANT'S NAME:
ADDRESS: Twigg's
]NC]DENT: unlawfull use of reg plate
LOCATION:
AGE:
PHONE: (H)
160 Castle Drive
DATE BET~ ltOUR D W'K MTH DAY YR
AT
BODY TYPE COLOR
DATE RECEIVED:
TIME RECEIVED:
TEv~ CLEARED:
REC~ 8: STATE
10/21/00
~ OR VIN
SUSPECT 1990 DODGE Daytona blue ???????
DETAILS OF COMPLAllq'I called on 10/21 and told #8 that PSP took the reg plate off the
above vehicle when they made the big bust on Wednesday. He advised that someone (probably
Sean Arnold) put another tag on it and drove away, #8 checked the area and could not find the
vehicle. Arnold is under DUI suspension.
On 10/22/00 I went by at 0915 hfs and the car was there. Pa BYM 6766 I added the plate
number on #8 paperwork.
On 10/22/00 at 1100 hfs called again and told #10 that the car was there now. He
had me go down to see what was going on with the tag.
Pa BYM 6766 is registered to Lisa Kennedy 160 Castle on a 1989 Mercury
DiSPOS1TION/ACTIONTAKEN: I went to 160 and spoke to Kennedy. She advised that the car
was "given" to her by Randy and she was in the process of transfering the tag over to this vehicle.
I explained that she could not display the registration on the vehicle until it was properly assigned.
The yin has a listed owner of Lynn B. Lowe 715 Anthony Rd. East Berlin Pa. 17316. Kennedy did
not know Lowe. She advised that the only reason that the tag was on the vehicle was to get park
managment off her back. I then advised her that someone told us that the car was being driven
yesterday. She took the tag off and advised that she would get it all straightened out.
ADDITIONAL INFOKMATION: Evidently she told Arnold of my visit. He then called the PSP troop
that was involved in the arrest. The told him to put a paper tag on it for now since they confiscated
the plate. They will give it back when they can. Arnold and Kennedy then came to the station to let
us know what was going on. Arnold advised that Randy, his dad bought the car from LOWE. But
the transfer has not been updated in Penn Dot computers. Arnolds sister has the pink slip. There
is a Temporary tag paper in the back window of the dodge now. Arnold will go and get the pink
slip and keep it with the vehicle.
While they were hear #8 asked Arnold about his license suspension. He acknowledged the
suspension and advised that he knew it was a dui related suspension and is aware of the penalty
for DUS DUI related
OFFICER'S SIGNATURE:
COMPLAINANT'S SIGNATURE:
Ptlm. Steven S. Shissler ~
/ /
/
BADGE #
DATE:
/
Hampden Township
Township Manager
Randy Drawbaugh ~15987
3400 Concord Road
Y~k, PA 174~
12-04-2000
Randy Drawbaugh,
Please be advised that after I received the photocopy of the PA Certificate Of Title
that you mailed, on 11-28-00, I went to 160 Castle Drive and spoke with Lisa Kennedy, who
my investigation revealed had been g~,en permission to use the vehicle. Kennedy told me
that she had not seen the %~hicle for "some t~]e" and did not know its location or who was
using the vehicle.
Therefore, the vehicle was entered into the nationwide police cop~uter syste~l as a
stolen vehicle.
On 12-02-00, Officer Barton, of the West Manchester Twp Police located the vehicle on
Baker Road. The vehicle was towed by Zech's Service Center 792-36'79.
In order to reclaim the vehicle, you wil3. first need to contact the West Manchester Twp
Police at 792-9514. You may refer to Incident Investigation Report ~ 2000120213.
Patrola~n James McAndrew
230 S. Sporting Hill Road Mechanicsburg, PA 17055-3097
E-Mail harnpden@pa.net Web Page http://twp.hampden.pa.us FAX (717) 761-7267 TDD (717) 761-8533
Administration (717) 761-0119 Ambulance (717) 761-5343 Police (717) 761-2609 Recreation (717) 761-4951
Hampden Township
Board of Commissioners
Nevin W. Funk
Donald R. McCallin
Township Manager
John E. Bradley, Jr.
R~ndy Drawb~ugh #15987
3400 Concord Ro~d
York, PA 17402
11-02-2000
R~ndy Drawbaugh,
In response to your letter of 10-30-00, please be advised that NO m~x~er of the
H~x~den Twp Police searched an~ vehicle at 160 Castle Drive, nor gave ~ny keys to ~nyone
on the day that you were arrested at the trailer.
Please refer to the enclosed incident report regarding ~ke only contact this
dep~r~lent has had with the Dodge Dayton~ to which you refer. No lUcifer of this
dep~rU~nt has seen any official docunent concerning who the owner of the vehicle is, dnd
the VIN shows the owner to be Lynn B. Lowe 715 Anthony Rd F~st Berlin, PA.
My only- contact witk this vehicle was on 10-21-00 when Lisa Kennedy and Sean Arnold
c~ne to tkepolice station to spe~k with Officer SD~ssler.
As I explained to botk your l~ther and your counselor, if a towing service c~s to
our police station with documentation showing that they P~ve been contracted by the owner
of the vehicle to tow the car to a safe 1OCdtion, and the towing service has ~ copy- of a
ten~orary registration for the vehicle, we will accompany the towing service to 160 C~stle
while they recover the vehicle, to prevent ~ny violence.
Please be advised tk~t I will not file an~- cr~ninal cP~arges against anyone
concerning this vehicle.
Patroln~n Je~nes I. McAndrew
230 S. Spor6ng Hill Road Mechanicsburg, PA 17055-3097
E-Mail hampden@pa.net Web Page http://twp.hampden.pa.us FAX (717) 761-7267 TDD (71~) 761-8533
Adlninistra6on (717) 761-0119 Ambulance (717) 761-5343 Police (717) 761-2609 Recreation (717) 761-4951
PRAECIPE FOR LISTIN~G CASE FOR ARGUMENT
(~ust be ty~written a~d su~tted in du~lic~te)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the w~thin matter for the next Ar~t court.
CAPTION OF CASE
(entir~ ~tion ~ust be stated in ~,11)
RANDY DRAWBAUGH
( pi a~ntiff )
HAMPDEN TOWNSHIP POLICE,
PATROLMAN JAMES McANDREWS,
PATROLMAN STEVEN SHISSLER
and
( Defer~lant )
No. 02-209 civil
19
State matter to be argued (i.e., plaintiff's motion for new tr~a], defendant's
de~rzer to c~plaint, etc. ):
Preliminary objections
identi_~ycounselwhow~]l argue case:
(a) for plaintiff: Randy Drawbaugh, Inmate #15987
Ad~ess: York County Prison
3400 Concord Rd., York, PA 17402
(b) for defendant: James D. Young, Esq.,
Address: Lavery, Faherty, Young & Patterson
225 Market St., PO Box 1245
Harrisburg, PA 17108
I w~]l notify all parties in writing within tn~D days that tb4-~ c~e
been 14~ted for ar~t.
4. Ar~t Court Date:
August 28, 2002
Attorney for Defendants
RANDY DRAWBAUGH,
Plaintiff
VS.
HAMPDEN TOWNSHIP
POLICE, PATROLMAN JAMES
MCANDREW, and PATROLMAN
STEVEN SHISSLER,
Defendants
IN RE: PRELIMINARY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2O9 CIVIL
CIVIL ACTION - LAW
OBJECTIONS TO pLAINTIFF'S COMPLAINT
BEFORE BAYLEY AND HESS, J.J.
ORDER
AND NOW, this 7._ ~ ' day of October, 2002, for the reasons stated in the
opinion filed of even date herewith, the preliminary objections of the defendants to the
plaintiff's complaint are SUSTAINED and the within complaint DISMISSED.
BY THE COURT,
Randy Drawbaugh, Pro Se
Inmate #CF6052
SCI-Mahonoy
301 Morea Road
Frackville, PA 17932
Plaintiff
James D. Young, Esquire
For the Defendants
n-A. Hess, J.
:rim
RANDY DRAWBAUGH,
Plaintiff
VS.
HAMPDEN TOWNSHIP
POLICE, PATROLMAN JAMES
MCANDREW, and PATROLMAN
STEVEN SHISSLER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-209 CIVIL
: CIVIL ACTION - LAW
1N RE: PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
BEFORE BAYLEY AND HES~_~_~SS J.j.
OPINION AND ORDER
This action was commenced on January 23, 2002, with the filing ofa praecipe for a writ
of summons. A complaint was filed in April of 2002. The pro se complaint lacks clarity and the
factual allegations can be gleaned only with careful reading.
It appears that, on or about October 20, 2000, the plaintiff, Randy Drawbaugh, was
arrested and incarcerated. At the time of his arrest, his vehicle, a 1990 Dodge Daytona, was
parked at 160 Cassell Drive in Mechanicsburg, Pennsylvania. On October 30, 2000, concerned
that his vehicle may be being used by other persons who were not authorized to drive it, the
defendant sent a letter to the Hampden Township Police Department. In the letter he reported
that his car had been stolen by Lisa Kennedy and Sean Arnold. He also complained that
"whoever searched my car that day should never of [sic] gave them [sic] keys to them." See
Exhibit A to plaintiff's complaint. Also attached to the plaintiff's complaint is Exhibit B. This
consists of an incident report which makes it clear that the Hampden Township Police were not
involved in the search of the plaintiff's vehicle nor was it the Hampden Township Police
Department that had possession of his keys. Exhibit B of the plaintiff's complaint also contains
02-209 CIVIL
a letter from Patrolman James McAndrew, a Hampden Township police officer and a defendant
in this case. This letter reiterated that the Hampden Township Police had not been involved in
the search of the plaintiff's vehicle nor had they given the keys to the vehicle to anyone. The
letter also indicated that ownership of the vehicle had been traced to a Lynn B. Lowe of East
Berlin, Pennsylvania. Patrolman McAndrew also indicated that he had had little contact with
Lisa Kennedy and Sean Arnold. Exhibit C of the plaintiff's complaint is an affidavit dated
November 3, 2000, in which the plaintiff indicates that he had not given Lisa Kennedy or Sean
Arnold permission to operate his vehicle and requests that they be arrested. Exhibit D of the
plaintiff's complaint is another letter from Patrolman James McAndrew. This letter is dated
December 4, 2000, and indicates that Patrolman James McAndrew had interviewed Lisa
Kennedy. She claimed to have been given permission to use the vehicle though, at the time of
the writing of the letter, she did not know its location or who was using the vehicle. Officer
McAndrew indicated that he had entered the vehicle into the nationwide police computer system
as a stolen vehicle, that the vehicle was eventually located and had been towed to a service
center. The letter, further, instructed the defendant to contact the West Manchester Township
Police Department in order to retrieve his vehicle.
The plaintiff's complaint does not allege that the Hampden Township Police Department,
at any time, possessed either his vehicle or his keys. The gravamen of his complaint is that the
Hampden Township Police Department failed to honor his request to file charges against Sean
Arnold and Lisa Kennedy. The complaint seeks compensatory and punitive damages.
Plaintiff's theory of recovery in the present action rests upon the argument that the
defendants, by not arresting Kennedy and Arnold, failed to properly perform their police duties.
The United States Supreme Court has held on numerous occasions that a private individual lacks
2
02-209 CIVIL
the authority to contest a police officer's discretion in arresting a third party. Linda R. S. v.
Richard D., 410 U.S. 614, 619, 35 L.Ed.2 536, 541 (1973). "[I]n American jurisprudence at
least, a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution
of another." Id.
According to The Pennsylvania Political Subdivision Torts Claim Act (the "Act"), "no
local agency shall be liable for any damages on account of any injury, to a person or property,
caused by any act of the local agency, or an employee thereof or any other person." 42
Pa.C.S.A. Section 8541. Thus, this section generally precludes plaintiff's claims against the
Hampden Township Police Department. His only recourse against the police department, or the
individual officers involved, would be if their alleged negligent acts fell within one of the eight
exceptions to immunity enumerated in the Act. The only potentially applicable exceptions
pertain to vehicle liability, and care, custody or control of personal property. The first exception
states that the local agency or its employees may be liable for negligent acts involving the
"operation of any motor vehicle in the possession or control of the local agency..." 42
Pa.C.S.A. § 8542(b)(1). The second exception involves the "care, custody or control of
personal property of others in the possession or control of the local agency." 42
Pa.C.S.A. § 8542(b)(2).
In order to remain faithful to the expressed legislative intent of the Act, courts are
required to interpret the exceptions narrowly against injured plaintiffs. See Leone v.
Com. 780 A.2d 754 (Pa. Commw. Ct. 2001). In the present case, plaintiff's cause of
action is for defendants' failure to arrest Arnold and Kennedy, and defendants' overall
failure to perform their duties. Nowhere in the pleadings is there any claim that the
02-209 CIVIL
defendants had "possession or control" of the vehicle, or that they had participated in the
"operation" of the vehicle. See 42 Pa.C.S.A. § 8542 (b)(1). There is also no claim that
defendants had the requisite "care, custody or control" of plaintiff's personal property.
See 42 Pa.C.S.A. § 8542 (b)(2).
Defendants McAndrew and Shissler are also generally immune from plaintiff's
claim of negligence. "An employee of a local agency is liable for civil damages on
account of any injury to a person or property caused by acts of the employee which are
within the scope of his office or duties only to the same extent as his employing local
agency and subject to the limitations imposed by this chapter." 42 Pa.C.S.A. § 8545. If
the defendants' actions do not fall within one of the narrowly defined exceptions in §
8542, then the individual defendants receive official immunity, unless the alleged injury
was caused by an act which constitutes "a crime, actual fraud, actual malice or willful
misconduct." 42 Pa.C.S.A. § 8550. Plaintiff's only cause of action against defendants is
for negligence. Nowhere does plaintiff aver that defendants' acts constituted a "crime,
actual fraud, actual malice or willful misconduct." Id.
Due to the fact that plaintiff's cause of action against defendants is limited to
negligence, the plaintiff's attempt to recover punitive damages is also barred. It has been
established that none of the exceptions to governmental immunity apply in this case.
Moreover, the plaintiff has not alleged that the defendants' actions were "malicious,
wanton, reckless, willful or oppressive," which is required for the granting of punitive
damages. Feld v. Merriam, 485 A.2d 742, 748 (Pa. 1984).
02-209 CIVIL
ORDER
AND NOW, this z ff~ day of October, 2002, for the reasons stated in the
opinion filed of even date herewith, the preliminary objections of the defendants to the
plaintiff's complaint are SUSTAINED and the within complaint DISMISSED.
Randy Drawbaugh, Pro Se
Inmate #CF6052
SCI-Mahonoy
301 Morea Road
Frackville, PA 17932
Plaintiff
James D. Young, Esquire
For the Defendants
BY THE COURT,
y~nA. Hess, J.
:rim