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HomeMy WebLinkAbout12-2109JEREMY BOWERS, Plaintiff vs. TROOPER KENNETH F. TALLMAN Individually and in his capacity as a Pennsylvania State Police Trooper Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO: -102 - ,Z 1.09 : JURY TRIAL DEMANDED r - cr;s r_ ' t --7 rU PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. Date: Z f- Z^ Z-0 I Z Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 WRIT OF SUMMONS 0 To The Above Named Defendants: Trooper Kenneth F. Tallman ?J Carlisle State Police Barricks 103.7?Cc/ 1 1538 Commerce Avenue g-?'? d Carlisle, PA 17013 ?2 a Z-V 7 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMF.NCFD AN ACTION AGAINST YOU. Date: Prothonotary B eputy i; L; J ,L IN THE COURT OF COMMON PLEAS .'FO 0, CUMBERLAND COUNTY, "72 AV -2 PH 1: 3 JEREMY BOWERS, Plaintiff : : No. 12-2109 V. TROOPER KENNETH F. TALLMAN, : Defendant : '_ i"lBEi?LAND C 0 U N T ' PENINSYLV P11A PRAECIPE FOR FULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule to File a Complaint within twenty days upon the plaintiff in the above captioned case. Respectfully submitted, LINDA L. KELLY Attorney General Office of Attorney General 15th Floor, Strawberry Square Harrisburg, PA 17120 Phone: (717) 783-1471 Fax: (717) 772-4526 ¢neuhauser(a,attorneygeneral.gov By: R/GREWRY R. NEUHAUSER Chief Deputy Attorney General Attorney ID 31485 Date: May 1, 2012 Counsel for Defendant K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY BOWERS, Plaintiff : No. 12-2109 V. TROOPER KENNETH F. TALLMAN, : Defendant : CERTIFICATE OF SERVICE I, Gregory R. Neuhauser, Chief Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on May 1, 2012, I caused to be served a true and correct copy of the foregoing document titled Praecipe for Rule to File Complaint to the following: VIA U.S. MAIL Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiff G G Y R. NEUHAUSER Chief Deputy Attorney General JEREMY BOWERS, Plaintiff VS. TROOPER KENNETH F. TALLMAN Individually and in his capacity as a Pennsylvania State Police Trooper Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA }r; CIVIL ACTION - LAW - NO: Z- 1 1' C31 3 JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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 the 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, GO TO OR TELEPHONE THE OFFICE, SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Northern Pa. Legal Services, Inc. Wayne County Courthouse, Honesdale, PA 18431 1-570-253-1031 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Wayne County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be' made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JEREMY BOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO: - TROOPER KENNETH F. TALLMAN Individually and in his capacity as a Pennsylvania State Police Trooper Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes JEREMY BOWERS, by and through his counsel, Vincent M. Monredo and in support of his Complaint avers as follows: INTRODUCTION 1. This is an action for money damages brought pursuant to the common law of the Commonwealth of Pennsylvania, 42 U.S.C. Section 1983, and the Fourth Amendment to the United States Constitution and the Due Process Clause. 2. It is alleged that Defendant made a false arrest and/or caused a false imprisonment of Plaintiff and/or failed to investigate the matter before arresting the Plaintiff thereby violating his rights under the Fourth and Fourteenth Amendments of the United States Constitution. PARTIES 3. Previous paragraphs are incorporated herein as if fully mentioned. 4. Jeremey Bowers ("Plaintiff') is an adult individual residing at 28 Appalachian Trial Road, Gardners, PA 17324. Trooper Kenneth F. Tallman ("Defendant") at all times relevant was a trooper for the Pennsylvania State Police ("PSP"). FACTS 6. Previous paragraphs are incorporated herein as if fully mentioned. 7. On or about April 3, 2010 the Defendant charged Plaintiff with Failure to Comply with Registration of Sexual Offenders Requirements under 18 Pa.C.S.A. 4915 (A)(1). 8. In his affidavit of probable cause Defendant stated that on April 2, 2012 a man named Richard Cooper advised PSP that a registered sex offender, Plaintiff, was living with his sister, Francis Clark at 17 Appalachian Trail Road. 9. Defendant stated that Cooper advised him that Plaintiff never changed his address with the PSP Megan's Law Unit. 10. That same day Defendant states that he searched the records and discovered that Plaintiffs last registered address was 2144 East Orleans St., Philadelphia City, Pennsylvania. 11. That same day Defendant interviewed Francis and Joseph Clark who stated that Plaintiff was staying with them since March 18, 2010. 12. Defendant never interviewed Plaintiff. 13. It is alleged that Francis and Joseph never stated Plaintiff was living them, but only that he was "staying" with them. 14. It its believed that a recording exists between the Defendant the Clarks. 15. Plaintiff never resided at the Clarks before being arrested and had no duty to change his address. 16. All of Plaintiff s belongings were still in Philadelphia. 17. Plaintiff only had one change of clothes at the Clark residence and he was not residing there. 18. Plaintiff admits he was visiting the Clark's between that time period but that he still kept returning to his Philadelphia residence during that time. 19. Plaintiff never received mail at the Clark's residence. 20. Plaintiff spent approximately two weeks in jail as a result of the arrest until bail was lowered at the preliminary hearing. COUNT I 42 USC 1983 ACTION FALSE ARREST 21. Previous paragraphs are incorporated herein as if fully mentioned. 22. Defendant caused criminal proceedings to be initiated against Plaintiff. 23. As a result Plaintiff was arrest and charged with multiple criminal charges. 24. Defendant was acting under color of state law. 25. Defendant failed to properly investigate the case. 26. Defendant arrested Plaintiff without probable cause. 27. Clearly further investigation would have shown that the case had no merit as it was later nol prossed after further investigation. 28. The proceedings were terminated in favor of the Plaintiff, as the charge was nol prossed by the Commonwealth. 29. Plaintiff's reputation was harmed by Defendants' actions. 30. Plaintiff suffered emotional stress, mental anguish, and humiliation as a result of Defendants' conduct. 31. The actions of Defendants were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHERIEFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, casts, interest, and attorney's fees against Defendant, KENNETH TALLMAN, as an adult individual and in his capacity as a State Trooper for the State of Pennsylvania. COUNT II 42 USC 1983 ACTION FALSE IMPRISONMENT 32. Previous paragraphs are incorporated herein as if fully mentioned. 33. Defendant caused criminal proceedings to be initiated against Plaintiff. 34. As a result Plaintiff was arrest and charged with multiple criminal charges. 35. Plaintiff was unlawfully imprisoned for approximately two weeks as a result of the charges. 36. Defendant was acting under color of state law. 37. Defendant failed to properly investigate the case. 38. Defendant arrested Plaintiff without probable cause. 39. Clearly further investigation would have shown that the case had no merit as it was later not prossed after further investigation. 40. The proceedings were terminated in favor of the Plaintiff, as the charge was nol prossed by the Commonwealth. 41. Plaintiff's reputation was harmed by Defendants' actions. 42. Plaintiff suffered emotional stress, mental anguish, and humiliation as a result of Defendants' conduct. 43. The actions of Defendants were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant, KENNETH TALLMAN, as an adult individual and in his capacity as a State Trooper for the State of Pennsylvania. Date: S, Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: G? 6? 7'? ? Jer y Bowers/Plaintiff JEREMY BOWERS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - TROOPER KENNETH F. TALLMAN Individually and in his capacity as a Pennsylvania State Police Trooper Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Amended Complaint upon the following by depositing same in the United States mail, postage prepaid,at Carlisle, Pennsylvania, addressed as follows: Gregory R. Neuhauser Senior Deputy Attorney General Office of Attorney General 15th Floor, Strawberry Square Harrisburg, PA 17120 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff - Z? ' ?' Dated:-'!5- . t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY BOWERS, Plaintiff No. 12-2109 TROOPER KENNETH F. TALLMAN , Defendant s.. NOTICE OF FILING OF NOTICE OF REMOVAL TO: David D. Buell, Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square, Suite 100 Carlisle, PA 17013 PLEASE TAKE NOTICE that defendant, by his undersigned counsel, has filed the attached Notice of Removal with the Clerk of the United States District Court for the Middle District of Pennsylvania. Respectfully submitted, Office of Attorney General 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-1471 LINDA L. KELLY Attorney General By: G G Y R. NEUHAUSER Chief Deputy Attorney General PA ID 31485 Date: May 31, 2012 CERTIFICATE OF SERVICE Gregory R. Neuhauser, Chief Deputy Attorney General, Commonwealth of Pennsylvania, hereby certifies that on May 31, 2012, he caused to be served the foregoing Notice of Filing of Notice of Removal by means first-class mail upon the following: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 G G Y R. NET HAUSER Chief Deputy Attorney General Chief, Civil Litigation Section PA ID 31485 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JEREMY BOWERS, Plaintiff : V. : TPR. KENNETH F. TALLMAN, Defendant No. Electronically filed NOTICE OF REMOVAL Defendant, by his counsel, hereby gives notice of removal of the above- captioned matter from the Court of Common Pleas of Cumberland County, Pennsylvania, in accordance with 28 U.S.C. § 1441 inasmuch as the matter raises a federal question under 42 U.S.C. § 1983. In support of this Notice of Removal, defendant respectfully represents the following: 1. On May 25, 2012, plaintiff filed the attached complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. (See Exhibit A hereto). 2. The complaint raises claims under the Constitution of the United States in accordance with 42 U.S.C.§1983. 3. This Notice of Removal is timely as it has been filed within thirty (30) days of service of the attached complaint. 4. Notice of removal has been provided this date to the plaintiff and to the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. (See Exhibit B hereto). Wherefore, defendant respectfully gives notice that the above-captioned matter is hereby removed to the United States District Court for the Middle District of Pennsylvania. Respectfully submitted, LINDA L. KELLY Attorney General By: /s/ Grezorv R. Neuhauser GREGORY R. NEUHAUSER Chief Deputy Attorney General Chief, Civil Litigation Section PA ID 31485 Office of Attorney General 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-1471 Date: May 31, 2012 CERTIFICATE OF SERVICE Gregory R. Neuhauser, Chief Deputy Attorney General, Commonwealth of Pennsylvania, hereby certifies that on May 31, 2012, he caused to be served the foregoing Notice of Removal by means first-class mail upon the following: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 David D. Buell, Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square, Suite 100 Carlisle, PA 17013 /s/ Gregory R. Neuhauser GREGORY R. NEUHAUSER Chief Deputy Attorney General PA ID 31485 JEREMY BOWERS, Plaintiff vs. TROOPER KENNETH F. TALLMAN Individually and in his capacity as a Pennsylvania State Police Trooper Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - JURY TRIAL DEMANDED COMPLAINT RECEIVED MAY 3 0 2012 office of Attorney General Litigation Seebon AND NOW, comes JEREMY BOWERS, by and through his counsel, Vincent M. Monredo and in support of his Complaint avers as follows: INTRODUCTION 1. This is an action for money damages brought pursuant to the common law of the Commonwealth of Pennsylvania, 42 U.S.C. Section 1983, and the Fourth Amendment to the United States Constitution and the Due Process Clause. 2. It is alleged that Defendant made a false arrest and/or caused a false imprisonment of Plaintiff and/or failed to investigate the matter before arresting the Plaintiff thereby violating his rights under the Fourth and Fourteenth Amendments of the United States Constitution. PARTIES 3. Previous paragraphs are incorporated herein as if fully mentioned. 4. Jeremey Bowers ("Plaintiff') is an adult individual residing at 28 Appalachian Trial Road, Gardners, PA 17324. DEFENDANT'S EXHIBIT 5. Trooper Kenneth F. Tallman ("Defendant") at all times relevant was a trooper for the Pennsylvania State Police ("PSP") FACTS 6. Previous paragraphs are incorporated herein as if fully mentioned. 7. On or about April 3, 2010 the Defendant charged Plaintiff with Failure to Comply with Registration of Sexual Offenders Requirements under 18 Pa.C.S.A. 4915 (A)(1). 8. In his affidavit of probable cause Defendant stated that on April 2, 2012 a man named Richard Cooper advised PSP that a registered sex offender, Plaintiff, was living with his sister, Francis Clark at 17 Appalachian Trail Road. 9. Defendant stated that Cooper advised him that Plaintiff never changed his address with the PSP Megan's Law Unit. 10. That same day Defendant states that he searched the records and discovered that Plaintiff's last registered address was 2144 East Orleans St., Philadelphia City, Pennsylvania. 11. That same day Defendant interviewed Francis and Joseph Clark who stated that Plaintiff was staying- with them since March 18, 2010. 12. Defendant never interviewed Plaintiff. 13. It is alleged that Francis and Joseph never stated Plaintiff was living them, but only that he was "staying" with them. 14. It is believed that a recording exists between the Defendant the Clarks. 15. Plaintiff never resided at the Clarks before being arrested and had no duty to change his address. 16. All of Plaintiff's belongings were still in Philadelphia. 17. Plaintiff only had one change of clothes at the Clark residence and he was not residing there. 18. Plaintiff admits he was visiting the Clark's between that time period but that he still kept returning to his Philadelphia residence during that time. 19. Plaintiff never received mail at the Clark's residence. 20. Plaintiff spent approximately two weeks in jail as a result of the arrest until bail was lowered at the preliminary hearing. COUNTI 42 USC 1983 ACTION FALSE ARREST 21. Previous paragraphs are incorporated herein as if fully mentioned. 22. Defendant caused criminal proceedings to be initiated against Plaintiff. 23. As a result Plaintiff was arrest and charged with multiple criminal charges. 24. Defendant was acting under color of state law. 25. Defendant failed to properly investigate the case. 26. Defendant arrested Plaintiff without probable cause. 27. Clearly further investigation would have shown that the case had no merit as it was later nol grossed after further investigation. 28. The proceedings were terminated in favor of the Plaintiff, as the charge was nol prossed by the Commonwealth. 29. Plaintiff's reputation was harmed by Defendants' actions. 30. Plaintiff suffered emotional stress, mental anguish, and humiliation as a result of Defendants' conduct. 31. The actions of Defendants were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant, KENNETH TALLMAN, as an adult individual and in his capacity as a State Trooper for the State of-Pennsylvania, COUNT II 42 USC 1983 ACTION FALSE IMPRISONMENT 32. Previous paragraphs are incorporated herein as if fully mentioned. 33. Defendant caused criminal proceedings to be initiated against Plaintiff. 34. As a result Plaintiff was arrest and charged with multiple criminal charges. 35. Plaintiff was unlawfully imprisoned for approximately two weeks as a result of the charges. 36. Defendant was acting under color of state law. 37. Defendant failed to properly investigate the case. 38. Defendant arrested Plaintiff without probable cause. 39. Clearly further investigation would have shown that the case had no merit as it was later nol grossed after further investigation. 40. The proceedings were terminated in favor of the Plaintiff, as the charge was nol prossed by the Commonwealth. 41. Plaintiff's reputation was harmed by Defendants' actions. 42. Plaintiff suffered emotional stress, mental anguish, and humiliation as a result of Defendants' conduct. 43. The actions of Defendants were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs; interest, and atto:mey's fees against Defendant, l1F' 'ETH TALLMAN, as an adult individual and in his capacity as a State Trooper for the State of Pennsylvania. Date: Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: GZS , ? _ - .ier y Bowers/Plaintiff JEREMY BOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO: - TROOPER KENNETH F. TALLMAN Individually and in his capacity as a Pennsylvania State Police Trooper Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Amended Complaint upon the following by depositing same in the United States mail, postage prepaid,at Carlisle, Pennsylvania, addressed as follows: Gregory R. Neuhauser Senior Deputy Attorney General Office of Attorney General 15th Floor, Strawberry Square Harrisburg, PA 17120 Dated: -< - Zs-- /Z Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court II) # 206671 Attorney for Plaintiff JEREMY BOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW TROOPER KENNETH F. TALLMAN n ' Individually and in his capacity as a : -r c Pennsylvania State Police Trooper - ; Defendant : JURY TRIAL DEMANDED - ?' NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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 the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. RECEIVED Northern Pa. Legal Services, Inc. MAY 3 0 LU12 Wayne County Courthouse, Honesdale, PA 18431 office of Attorney General Lifigatlon Seclion 1-570-253-1031 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Wayne County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY BOWERS, Plaintiff : No. 12-2109 V. TROOPER KENNETH F. TALLMAN, Defendant NOTICE OF FILING OF NOTICE OF REMOVAL TO: David D. Buell, Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square, Suite 100 Carlisle, PA 17013 PLEASE TAKE NOTICE that defendant, by his undersigned counsel, has filed the attached Notice of Removal with the Clerk of the United States District Court for the Middle District of Pennsylvania. Respectfully submitted, LINDA L. KELLY Attorney General By: AT-1-t'PtAl Zt,-A,?t s-Z- ov'?- Office of Attorney General G G k Y R. NEUHAUSER 15th F1., Strawberry Square Chief Deputy Attorney General Harrisburg, PA 17120 PA ID 31485 (717) 783-1471 Date: May 31, 2012 DEFENDANT'S EXHIBIT s CERTIFICATE OF SERVICE Gregory R. Neuhauser, Chief Deputy Attorney General, Commonwealth of Pennsylvania, hereby certifies that on May 31, 2012, he caused to be served the foregoing' Notice of Filing of Notice of Removal by means first-class mail upon the following: Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 G G Y R. NEUHAUSER Chief Deputy Attorney General Chief, Civil Litigation Section PA ID 31485 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-0 FICA= THE PROTHONO STAr' heriff �truia rk ,�a�axrr Jody S Smith ?,13 NOY 15 PM ?3 Chief Deputy Richard W Stewart r• CUMBERLAND COUNTY, Solicitor OF r ,+T4r SVERIFF PENNSYLVANIA Jeremy Bowers vs. Case Number Tpr. Kenneth F. Tallman 2012-2109 SHERIFF'S RETURN OF SERVICE 04/05/2012 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Trooper Kenneth F. Tallman, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Trooper Kenneth F. Tallman. Deputies were advised, Trooper Kenneth F. Tallman is currently working at The Pennsylvania State Police Barracks in Reading, Pennsylvania. 04/05/2012 Ronny R.Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Trooper Kenneth F.Tallman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Berks County, Pennsylvania to serve the within Writ of Summons according to law. 04/16/2012 The requested Writ of Summons served by the Sheriff of Berks County upon Larry Halker,who accepted for Tpr. Kenneth F. Tallman, at Pennsylvania State Police, 600 Kenhorst Boulevard, Reading, PA 19611. Eric Weaknecht, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.46 SO ANSWERS, .1-Z November 08, 2013 RbNO R ANDERSON, SHERIFF (c)CountySulte Sheriff,Teieosoffk Inc. Page 1 of 2 122916 COUNTY OF BERKS METRO SHERIFF OF BERKS COURTY PA BAN K 633 COURT ST. 60-184-313 AN READING;PA 196UI 8 DATE AMOUNT 4/26/12 $45.45 PAY FORTY FIVE DOLLARS FORTY FIVE CENTS p TO TH E ORDER VINCENT MONFREDO ESQvol 90 8 .. ROMINGER......&...ASSOCIATES. 155 S HONOVER ST CARLISLE, PA 170.13 if it I o �z icNO.TU e utl122916n' i:0313018fl,6l: 53 819017 4n1 .. - - - - - - Acct# 538190174 - For $45.45 - Chk# 122916- 05/04/2012 Q � >031315036< Orrstown Bank Shippensburg, PA 17257 Phone: 717-532-6119 Bus Date: 05/03/2012 Branch/Teller 0008/0183 j 05/03/2012 15:08:27 Acct# 538190174 - For $45.45 - Chk# 122916- 05/04/2012 11107/2013 16:07 TAX) P.0021002 COUNTY OF BERKS, PENNSYLVANIA Y•I. SHERIFF'S DEPARTMENT 2 Courthouse-3rd Floor Phone:610.478.6240 633 Court Street Fax:610.478.6222 $ Reading, PA 19601 COV��� Eric J. Weaknecht, Sheriff John Stanton, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 12-2109 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me,James Rothharpt,Deputy for Eric J.Weaknecht, Sheriff of Berks County, 633 Court Street,Reading,Pennsylania,who being duly sworn according to law, deposes and says that on 4/16/2012 4:05:OOPM,he served the annexed Summons CUMBERLAND COLNTY upon TROOPER,KENNETH F. TALLMAN,within named defendant,by handing a copy thereof to LARRY HALKER,Person In Charge/PIC, at 600 KENHORST BLVD., City of Reading,Berks County,Pa.,and made known to defendant the contents thereof. DEPUTY SHERIFF OF BERKS COUNTY'.,PA Sworn and subscribed before me James Rothharpt this 7 day of Nov,2013 NOTARY PUBLIC,READING,BERKS CO.,PA Services made as set forth above So Answers, SHERIF OF BERKS COUNTY,PA Eric J.Weaknecht Sheriffs Costs in Above Proceedings $ 75.00 DEPOSIT $ 29.55 ACTUAL COST OF CASE $ 45.45 AMOUNT OF REFUND All Sheriffs Costs shall be due and payable when services are performed,and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec.2,Act of June 20, 1911,P.L✓ 1072 Dedicated to public service with integrity, virtue & excellence www.countyofbarks.com/sheriff