Loading...
HomeMy WebLinkAbout12-5838~lL~t~-0~'~'~ ~~~' iNE PROTN~?dD~'~',Y 2~~1 SEP 20 PM ~- 22 ~.~/ CQUhTY ~o`;,~~,~ ~ L ANIA V5 ' li ~8/r/i~/'~/~ p6t R O ~/~ ~~ IC ~/~G' ~iC/~~~ ~Qp ~~ ~~~-~~8~, ~~a,~y~r~L~.vr ~~~ ~~L ~L~.S ~~ s l~~S ~`~` ~~~dL~~,~'` /~ ,G..¢->~©~s.~ ~,~c ~'~ ~ goy D .~~ ~ ~~°~ sib ~-wo ~s ~,~~~~~ ,~.7- ~~ 3 ~G~~v~7-i~'F ~~'Q/~ST ~v~G,S ~6~D~t ~D~C i~tS ~ie , f', ,ve«i N Co ~' a,~ /~" garT~.~ G/c~,,rrcl r~~' ©/~ ' /~F'~~S / `'~ aL /~- f,J .d. /~/G'2 B~ sd ~/t!~ ~17~ TUT `G?S 1 0/~ ~~ /Ti917oiv~' l ~~y ~~ ,~ 3 ~Crrs~~~ ~ ~~ ~ ~~a~~'7NG r1~ /`~.~~~ /7Dc7L i9-- /9~ t°~v t y l7'~2/ T' ~~t~ s,p~r~1 ~ G~i~~ /~/ t ~ ~,~ .~ ~~ ,~G ~! ~/7 ~ ~ (./fa S ~ r ~~~~>,e ~,,~ v-~ gam' ~ rZ 8 (~~Fv ~G~~°~~ ~~~,dc-,~,NT,,r C~~,~- ,d~5~~'tiTy F~a~ ~~ v s! v~ G vriee ~~,~ L , /~~ ,~~ ~ ~~- ~o~ ~ c d rv ~~ /.biz. /1-t adL,¢ ~L~~NrIF~J /~07 ~~5 Wl~'~i w~ Y ~ T7,~~ ~~~ j~7iF G/.~ 5 2 ~ 1°o~eT~ ~ Tc~ ~ ~ ~/LT A rv ~`~ ~~L! c Gl /~~~vdZT~'~ 1~~1~ PGA 1 i/y'J,E r-/.t4~ G// ,~l ~ o ~v ~~ G~ S~ L/~S ,D~S~'`t ~S~Ljt~ ,~ 't,/ ~dD~ 8 ,/~j~~l/aG d ~~ ~l A/G~ ~'7.~L' /t/ff lG y~ Dd2S ~ t ~~ ~ ~~o) U,A {~~T~ ~~~ ~/SiC'iGis I~ //'~G PO ~ /C Lj ~ ZOO ~/t.~G / L~ /~L,~ ~~T/F' It'10!/a/> r~ O ~..~ NA~SR~ ~~ ~ ~a c. ~ G ~ ~~ O ,/~ ~ d.~ ~/.~ Z/ ~~c& O/G T~2 B d'E' ~j~dil~5 ~~' U .r/~' ~ L~v L 5 T~l1 /`/v l~lS `'~liD ~~~1~'f~ 9`~ L~ ~'~L' " ~~.~~~ T'~F y~~ O ~- l'u~ 1 ti ~~5 ~v ~~~~ Lv Ct Y o~ ~ ~~~ v5~ ~-- /~aG sr~~ ? ~~,~ ~WL '~ ate' ~ P~,e~r~ri~ ~-~-'" ~~ G ~,~ >vr~ ~oo.D S'rr3,~z~ ~,o~ / ~G ~ ~9~J Ltd ~ ~ ~~2 L~ S G E ~„~- ~~ 3~l ~ /~ ', ~~~ ~ ~ ~/lt IG ~f /~'/Z D7'Y J'~~L° ,S'G~/~'?~ OlE' T'"r(~'FF~ ~~? '~a,~~Y ' , S'!~ o o T/ /~ G. ~~ ~G~rr~1 ~ e o u c ~.+~,$" ~ f~ 7't/a ®i~ ~~ s ~ ~- ~t ~~p ~~+~ d- ~'J~icN~o~S ~~r ~` ~G,A- ~ I /T /~ S ~.B/~ ~ G `l G/ ~~ L~ ~""~r.~~ //~/Gr0 d J~' ~~~ ~GIL~C ~~ (JG£'S Ti D/l/i i"G . ,~/ 5 ~~/V ,Q~JI/~s S.~YS 1S' GJ/~5 ',, ~ N18 ~5.~ GL'l r- P~~'(/~~ tfo S~ rp~i~~rs ,, c?~/lc~~ ~-/.¢~~•~ts w~~z ~ o rarer ~;+~~ ~ f= ~ ~ ~/~~ y ~DV~ j,3, ~"/ lea G 5 ~ C,Ji9 s i?.9rvS.~ ~~'e~ ~~'~~ ~ rr,~ ~ ~z~n 7~,~~ ~G>a-~T~F ~-//~-S C~N~~~ G~ TD mP~~ /rGl~' /~o~/S~S ~~1~ /~~~~` a?>'z1/~O y a/l /~~ GJi7R5 livAl~! ~' ?~d Lt/•4 L!~ /~`°~f~ ~/V ~' /2L Od d2 r fTt,/~ G~/,~ S~//NG i'~,~ ~ I NHS Ci~/.E/t L'' ~/ ~ ~ N 6i/ /~ 7~N7 Ovrs'/~ L~ ,D,B~lio~G/~/G a ~~~? ~'~i''1 P/N~ ~Qv /P/~l t~~",~ O L~ ~4~T1 Lis /~`/<'pi;, ,~ ~i~~i~r Jvr~P a~ ??~~ ,~ao/~i~r `/ G/~/l~ ~i~-Ti9sl•/L~~ 7-y~ '';~Gl~i9/tD S ~/~.~'~~ /~!1 avrt~„v T't~ ~~ P/G~/ G ,'~/Z~~' 01 rc G~ ~s ,~~ ~9- La Tr ~~z. cif- 5 S''Lz,~r-- r o Spiv I~,~~ I/~NcG ~9 ski~~ ~a~ ~~~ ~ ~ s f~ O~a.~T ~ a 073 T~ h/ ~~ ~~~' 1 D,9 VAT ~~L~ a/,~- S u~ ~1 ~ . ,~ G-1~f~•~i ~?"~~ ~~,~ «T~~' /~ ~Ire~~r/ao ~'iea~~~Y d ~' 'C-~~//¢!~~'i0'!T~,O j~ ~ ?7t`G' ~~~~PGid¢ '~J~'9 ~~11~NT5 t~G'~ ~~ ~~, ~'~~ ,g ~oP Y 6 F r~f-~ f~-F~i0~9 ~ ~ r ,~~rN /~O /2 ~S,~oNs G? ht.rSRK U sr~o ~''.~.f~edGrt aO5~~7'~s r~~t~~r5 r'o O!3 ~rN - ~'~~ ~ ~ n p~~~~s f~~sP~r~'o~~ ~,~R,e y ~-/~ ~ T~2s SO®vG ~c~ ~ /~d L,~N/Jl s~3 v.~ ~,Q- l ~ ~ LfC~ `~a~ T~~`G2 /~L.s-~.~r~~.~` S' PiG-Tv~~~ a~ ~ ~vit~ r~ ~' ~~? S"Ltaitcf~ w~~.e~~1- G~G~/1G~ ~~~zdi~ or/ ~~~ L TFLL'V~'s~ o~/ ~'~-~~ ~ ~~ Lr~~s ~~~~~~ ~~ ~r~~~o~~b ~''~/P ~ ~.~~' ~t~l'L'M,.S Cav~et 0/l G'o~ env ~io~s co. O~- ~~ul~ ~~ n~•~ doGK~r i . ~~ ~'7TI~~+J /'Lla,~~sN ~ gyn. ,~1~'ca vd.2 y ~/ 5 ~O ~d a~BT,,~-i,d ~~~u1~ G/~n,-~rs ~adZ.- ~'Z5 /Qol ~c~ * ~ ~~a-~~~~~rt~ /~ cs~ 1 l~ ~ ~3 ~vL y ~~ G~~ L.~r~y /,J~cra~ 17D~/D -2'2 3 S` ~, z:, =w~~, ~~~~ ~ ~~ ~~ ~~~. ~_ ~~ Jx,~~.: ';' ~. ,~~ ~A':; ,~ _ ~ '' F ~~~ ;~ w ~~' s ~i~1 jY , ~. °r -- ~ ^ ~,,~,w I`~ ~~ ~' Y `~ yam ~1 ' ~A'' i >~ •~` _ .' ,~ G::: ,~;=~, r~ i~lr~ ~. ~~ 1 r ~' s r '_ r ~. • 1 ~. ~~ ~. ~. i~ ~ 9. J f-. -~~ _ ._~.i..r. ~i i ~ ~~ ; ~;, ..;~ ~~-: ~: .~~ _~ . { ^ .~ ~'~ i ~_ ' , J ~ ~ ~ z~l ~ ~~w~- ~~-~ _ _ 1 ,.. .., k ~ ~ ~ t. i~ ~',. ,~ ..:~ t :"~ ~ ; ~.., ~ i~ ~~ , ;~ ~ ~~• . ':~;~ .~ ' ~~ `w eau { ~ ~~ ~, ,,,~~; ~ d ~.- ,~ .. ~ ~~~ ~__ . r ~ ~ ~ '~•~ _ ~ •~. ~. ~, I „,a ~- ~ y-- -. ~~l f .~' ,h~~ ~ v ,~ °,, w~5' 5-. _ ` ~` ~~ e s~ 3~ I .. r Y ax ~ ~ _ e ~ 1t ~ _/+` J ~~ `!~ ~; ~ I .'~. -_ ). ' s ~-. i. ' f ,. .~. ^ - I .. .~ r ~~ ~:/ b '~ ~r r ,i ~ '~ r i ,, 1 ~,,, ,; ' ~, ~~ .'~. ; ~~ ~. ~1 ~: ~[» b ~. . ~ ~. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor LOW'" lit crriub, I"' 7"1 ,t 'eEf t ¢FrCE t THE$?ERIFF t1fl2OCT 16 AM 9: 02 M. fir 4SYL Ah f` l A Larry Walters vs. Robert Gill (et al.) Case Number 2012-5838 SHERIFF'S RETURN OF SERVICE 10/02/2012 07:22 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2012 at 1922 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Gill, by making known unto himself personally, at 70 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DSPUV 10/09/2012 06:45 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2012 at 1845 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Wayne Melnick, by making known unto himself personally, at 1016 Hemlock Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. VALERIE WEARY, DEPUTY SHERIFF COST: $89.45 October 10, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff: Teleosoft, Inc. r r j T ~~i .. .... ~ v . '~ ~. ` ('',! WILLIAM J. FERREN & ASSOCIATES BY: Paola Tripodi Kaczynski ID#: 56902 1500 Market Street -Suite 2920 Philadelphia, PA 19102 267-675-3009 NOTICE TO PLEAD TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER AND NF,W MA`I"TER WITHIN TWENTY (20) DAYS FROM THE SERVICE REOF OR A DEFAULT JUDGMENT BE ENTERED AG YO . Paola Tripodi Kaczynski, uire c.''~~~ Attorney for Defendants, East Pennsboro Township, et al LARRY WALTERS v. EAST PENNSBORO TOWNSHIP, WAYNE MELNICK, DETECTIVE MICHAEL COTTON, ROBERT GILL, AND LIEUTENANT MARK GREEN : COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 12-5838 ANSWER CONTAINING NEW MATTER OF DEFENDANTS Defendants East Pennsboro Township, Wayne Melnick, Detective Michael Cotton, Robert Gill and Lt. Mark Green, ("Answering Defendants") by and through their undersigned counsel, hereby respond to Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. The allegations are therefore denied, and strict proof demanded. 2. Admitted. 3. Denied. The allegations contained in this paragraph constitute conclusions of law to which no response is required. They are therefore denied. 4. Denied. The allegations contained in this paragraph constitute conclusions of law to which no response is required. They are therefore denied. To the extent that these allegations are not deemed conclusions of law, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. They are therefore denied, and strict proof demanded. By way of further answer, Plaintiff has not offered sufficient support for any tolling of the applicable statutes of limitations. 5. Denied. It is specifically denied, and strict proof demanded, that the East Pennsboro Police ever indicted Plaintiff for the murder of Mary C. Moola. By way of further answer, Plaintiff was under investigation for the homicide, but was not indicted for it. 6. Admitted in part and denied in part. It is admitted only that, upon information and belief, Plaintiff was a former patient of Dr. Jagadeesh Moola, husband of Mary C. Moola. As for the remaining allegations contained in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. They are therefore denied, and strict proof demanded. 7. Denied as stated. This allegation appears to be a question and Answering Defendants therefore are unable to provide an answer to it. By way of further answer, however, during the investigation of the murder of Mary C. Moola, police did learn that Plaintiff owned at least forty-five (45) guns, and may have been in possession of more. 8. Denied as stated. It is admitted only that as part of the extensive Affidavit of Probable Cause in support of the search warrant executed at Plaintiffs residence in July of 2007, Defendant Cotton noted as part of Plaintiff s criminal history that he had been arrested in 1991 for disorderly conduct in connection with an incident where he allegedly brandished a gun at several local youths in Enola, Pa. (See Search Warrant Application and Affidavit of Probable Cause, attached as Exhibit A). As for the remaining allegations contained in this paragraph, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. 'They are therefore denied, and strict proof demanded. 9. Denied as stated. This allegation also appears to be a question. Answering Defendants admit only that the investigation uncovered surveillance footage of Plaintiff at both the Commerce Bank and the Giant store in Carlisle, Pa. on the date that Mary C. Moola was shot and that in the footage, Plaintiff appears to be wearing a handgun and holster. 10. Admitted in part and denied in part. It is admitted only that surveillance showed Plaintiff at a Giant store in Carlisle, PA on May 18, 2007. It is denied that this was at 12:35 pm. 11. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. The allegations are therefore denied, and strict proof demanded. 12. Denied. It is specifically denied, and strict proof demanded., that the police officers lacked a motive for the search warrant in question. It is further denied that any statements in the Search Warrant Application were perjured. To the contrary, the Affidavit of Probable Cause attached to the Search Warrant demonstrates ample support for the search. (See Exhibit A). 13. Denied as stated. It is admitted that Plaintiff's residence was thoroughly searched, but it is denied that any of the Answering Defendants or any other Pennsboro police officer damaged any of Plaintiff's property. By way of further answer, Answering Defendants have photographs of the condition of the premises before the search to prove that it was already in disarray. 14. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. The allegations are therefore denied, and strict proof demanded. l5. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. The allegations are therefore denied, and strict proof demanded. l6. Denied. It is specifically denied, and strict proof demanded, that Defendants Green and Cotton used perjured statements to procure the search warrant for Plaintiff s residence. It is further denied that Plaintiff is entitled to any damages. 11 a. (sic.) Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. The allegations are therefore denied, and strict proof demanded. NEW MATTER 17. Paragraphs 1-16 and 11 a of Defendants' Answer are incorporated by reference as though fully set forth herein. 18. Plaintiff's Complaint fails to set forth a claim, in whole or in part, upon which relief can be granted. 19. Plaintiff's claims are barred by the applicable statute of limitations, as the events in question occurred in June and July of 2007. 20. Plaintiff's claims are barred by the immunity provisions contained in the Pennsylvania Municipal Subdivision Tort Claims Act, 42 Pa. C.S.A. §8541, et seq. 21. Plaintiff s claims do not fall within any of the exceptions to immunity for local agencies set forth at 42 Pa. (:.S.A. §8542(b). 22. Plaintiff assumed the risk of harm by his own conduct. 23. Any injury or damage sustained by Plaintiff was a direct and proximate result of Plaintiff's own conduct or the conduct of third parties over which Answering Defendants had no control. 24. Plaintiff's claims are barred in whole or in part, or otherwise subject to reduction by the doctrines of res judicata and/or collateral estoppel. 25. Answering Defendants had probable cause to execute the Search Warrant in question. 26. At all times material hereto, Plaintiff was afforded all of the rights, privileges and immunities granted pursuant to the Constitution and laws of the United States and the Commonwealth of Pennsylvania. 27. At no time material hereto did Answering Defendants act in bad faith or in an unreasonable, extreme, willful, wanton, outlandish, outrageous and/or malicious manner. 28. Plaintiff suffered no injury or damages as a result of any act or omission by Answering Defendants. 29. Plaintiff s claims as against Answering Defendants for punitive damages are limited and/or barred by the applicable state constitution and the United States Constitution and by the laws of the United States and the Commonwealth of Pennsylvania. 30. The individual Answering Defendants are entitled to good faith and/or official immunity for all actions taken in connection with the incident set forth in the Complaint. 31. Answering Defendants did not publish any false or defamatory statements about Plaintiff. WHEREFORE, Answering Defendants respectfully request that this Court enter judgment in their favor and against Plaintiffs, together with costs, attorney's fees and any further relief deemed appropriate by the Court. Date: ~~ ~ ~~ LLI M J. FE N & ASSOCIATES BY: Paola ripodi Kaczynski, Esquire Attorney for Defendants, East Pennsboro Township, et al. ID#: 59602 VERIFICATION I, Paola Tripodi Kaczynski, Esquire do hereby verify that I represent Defendants, East Pennsboro Township, Wayne Melnick, Detective Michael Cotton, Robert Gill and Lt. Mark Green, named Defendants in this case. I hereby verify that I am authorized to sign this Verification, and that the facts contained in Defendants' Answer with New Matter to Plaintiffs' Complaint are correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. rr~_ Paola Tnpodi aczynski, Esquire WILLIAM J. FERREN & ASSOCIATES BY: Paola Tripodi Kaczynski Attorney for Defendants, East ID#: 56902 Pennsboro Township, et al 1500 Market Street -Suite 2920 Philadelphia, PA 19102 267-675-3009 LARRY WALTERS COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No: 12-5838 EAST PENNSBORO TOWNSHIP, WAYNE MELNICK, DETECTIVE MICHAEL COTTON, ROBERT GILL, AND LIEUTENANT MARK GREEN CERTIFICATE OF SERVICE I, Paola Tripodi Kaczynski, Esquire do hereby certify that a true and correct copy of the attached Answer Containing New Matter was sent to Plaintiff who is pro se via United States mail, certified and regular mail. WI J. FE & A~SSOCI TES / BY: !~i ~-'~ Paola Tripodi Kac ski, Esquire t, Attorney for Defendants, East Pennsboro Township, et al. ID#: 59602 ,~,~ EXHIBIT A to ~ ~ .-~ n ~ aoa'7 Commonweal#h of Pennsylvania APpucartoN 1=oR SEARCH WARRANT .~ COUNTY C!F PERRY AND AUTHORIZATIQN Docket Numiier ~:<= w~,;:. Police incident~~~~-~ ~ - Warrant Control ~ Issut Autho ' Number: 2047050439 Number: Det. Michael Cotton E. Pennsboro Twp. Police 717-732-3633 07/14/2007 NAME AGENCY PtlOAIFNUNBl7r DATE OF AFFWiT .. ( $xt;NicasOosdJf~k ..~-';'._ ...} ;. .:-:~-;^.:« ~:,r:..; . __ < ~„APPUCATInN IDEr~I't1FY BENS TO BE SEARCHED FOR ANp SEvcn trs as ` ' New, reloaded or used ammuniton (as described in the Affidavit of Probable Cause}, to include bullet casings and projectiles, reloading supplies related fo ammunition (as described in the affidavit of Probable Cause) lE: bullet shell casings, primers (new. or used), gunpowder, any and ail items used as targets for the purpose of receiving firearm ammuniton discharges, any and aH writings, including but not limited to articles, notes, receipf~, journals. • . letters, photographs, and. bills pertaining to Mary C. Mooia and/orJagadeesh Mooia andJor the Mool~s}7~fatl'iE' practice. _ ._.~ _ 5PECFlC DESCRSFTiON OF PRENtSES ANDfoR PERSON 70 BE SEAACNED jSfree(anANa, APL Alo.. Vim, Safe Depaad sc; eic.J: f'-1 t;' r ~ . 50 Polecat Road, Landisburg, PA. a two story residential home with white and brown painted sidin~j~ood s din~a wooden front proch and a two car garage. Also to be searched are all automobiles on the property,-t#(s~ilage-and-. the gun shooting plt ar any other area where guns are discharged. ~= ; __" ~~ .., _„ ,-u NAME QF OWNER', OCCUPA!!T OR POSSESSOR OF SAID PREIEISES TO BE SEARCHED (!f proper namely urtb~arn, ryvs aLae andrirde ~ "°~ r• ~~ J ' Larry Lee Walters ~ ~ ~ c7 0 _. _ ,. . , • _• - -- m ~.,_ .. . . VIOLATION OF (Oeacrsbe madud or specify stehde~ : , . ..' DATE(8) OF VIOLATION: - :, Criminal Homicide 05118!2407 Warrant Appilcatlon Approved by Dlstrlcf Aftomey - DA F)!e No. ~ ~ (RDA wpvo~vtngWFPdporPaRCHm.P.100?AMeheq/gnedFlwNo.perPaR4inP.10Tj ^ addl#lona/ Pages attacheaf (Other then AKrdavlt at Probable Cause) ~'. ®Probable Cause affldatrlt(s) MUST be attached runless sealed below) Tofal number at pages; ':~`>~"a~:-:TDT/LL NUIY~ER OF PACaES 13 SUN OF AtL APPIJCATION, PROBABLE CAU&E ANO CONTINUATION PAGES EVEN tF AN1f DF THE PAGES ARE SEALED ` ' - The below named AfitarM, being duly swan (or afi9rmed) before the Issuing Authority according tc law, deposes and says that there is probable cause to believe that certain property is evidence of or the fruit of a crone or is contraband or is unlawluliy possessed ar is otherwise subject to seizure, end is located at the particular premises or in the possession of the particular person as described above. . „~~ East Pennsboro Township Police 160Es .,.,_ SJgnatr;re ofAffrant Agency orAddress if prl ~AfRant Bade Nu er . Swom to and subscri before me this L~._ ay of Lr~ ~. Mag: Dist. No. 4c ~T p , f', o, t~rr(~k~ lllcw /3 l~~ G 1~ v ~ s A F C s' store of !ss • A ofrrce address o SEARCH WARRANT WHERt~4S, tarts have been swum to or affirmed balsa me by written affidavits} attached hereto from ~ a TO LAW ENFORCF..MEPIT which l have #ound probable cause, l do authorize you to search the premises or person described, and to O ~; seize, secure, inventory and make return aocading to the Pennsylvania Rules of Cr'Iminai Procedure. I ~ ~ [ J This Warrant shall be served as soon as practicable-and shall tie served only between the hours of 6AM bo 10PM but in na event later than:" z ^ This Warrant shall be served as soon as practicable and may be served anytime during the da or ni ht but in no ve t l t t «' y g e n a er han: M, o'clock ( ~? U} ~ The issuing autlrorfty should specllya date not la than tvro (2) days aRerfssuance. Pa.R.CrIm.P. 21105(d). •' _ R file issuing autt>torl(y finds reasonable cause for issuing a nighttime wenant on Ghe teals Df addiOlona! reasoneb+te cause set forth <n 1lte accorryoanying affidavit(s) and wishes to Issue a nighYJme warrent,~en th(s block shah be cbecfced. Pa.A.ComP.2008{9}• ~ m issued under my hand this ~Y ~ ~, ~~~ at ~ i ~~ M, o'clock 0 (s>~ac) w 5lgrrature oflss g Mag, Dist or Judicial Dlat Na Date Corrrmfss/orr Exptr~; a Title of #ssuin Author g . [] l?istrict Justice ®Common Pleas Judge ^ ~ p For good cause stated in the afffdavlts(s) the Search Warrant affidavit(s) ;are sealed for ~~ cla rs U _ j by mry ce lffcation and signafure. (Pa.R.Crim.P. 2017) ~7 ~l! l 10 ~ ~ '~ (Date) (SEAL) Si nature. Of issuin (Judge of the Court of Common Pleas or (late Court Justice or Judge}. AOPC 410l~71-24.98 - ~ - 'Commonwealth of Pennsylvania COUNTY ~F PERRY a-~,. ~,ar,~-x _ i _ - Docket Number Police Incident Number: 2007050439 AFF{DAVIT QF PROBABLE CAUSE 1Narrant Control Number: 0001 Your affiant has been a police officer since April 1992.1 have been employed as a full time police officer with the East Pennsboro Township Police Department since May 1992. Your affiant has been assigned as a full time detective since January 3, 2005. In this capacity, your afl"iant is responsible for investigating and assiting in the prosecution~of individuals arrested for crimes within East Pennsboro Township. On May 18, 2007 at about 1307 hours, Mary C. Moola was found deceased of a gunshot wound at the office of her husband, Doctor 3agadeesh Moola, 890 Poplar Church Road, suite 409, East Pennsboro Township, Cumberland County, PA. Cumberland County Forensic Investigator David Ickler recovered, from the scene, an expended 9mm bullet casing and an expended 9mm projectile. The 9mm casing and the projectile were seized as evidence. The Cumberland County Coroner's office ordered an autopsy. This autopsy was performed at the Lehigh Valley Hospital on May 19, 2007. As a result of this autopsy, the office of the Cumberland County Coroner has ruled the cause of Mary C. Moola's death due to a gunshot wound and the manner of death is homicide. The wound to Mary C. Moo1a is consistent with the 9mm projectile and casing found at the scene. The expended casing and projectile were submitted to the Pennsylvania State Police ballistic lab. Trooper Todd Nuemeyer reports that he has found the 9mm shell casing and the 9mm expended projectile are suitable for comparison. Therefore the casing and the projectile recovered from the scene can be compared to and matched with other expended shell casings and projectiles that were discharged from the gun used in this murder. It is also reasonable to believe that the recovered expended casing and projectile can be matched to the gun that was originaly used to discharge this round. As of the date of this search warrant application the weapon used to murder Mary C. Moola has not been recovered. Your affiant was at the scene of the murder and can described the scene as follows. The scer~is ~rna~•: office located at the end of the hallway on the fourth floor. of the Medical Arts Building. T.l~fl"i~ coi~ists of a small waiting room immediately accessed upon entry from the hallway. From the sm~~ait~rg area and through a closed door is Mary C. Moola's office area. From Mary C. Moola's office and tli~igh ~iothet closed door is Dr. Jagadeesh Moola's office. c-: yam. .. ~_: ~:; _ A review of Holy Spirit Hospital surveillance footage shows that Mary C. Moola departed tla~~ai~~llospYtal building at about 1220 hours and proceeded in the diu ection of the Medical Arts building. Theiiepoi~ of a gunshot was heard at approxunately 125.0 hours. The timing is consistent with the condition o~vlary C. Moola's body when discovered by Doctor Jagadeesh Moola. Log sheets confirm that Doctor Jagadeesh Moola attended a training class elsewhere on the hospital campus. According to Dr. Jagadeesh Moola, it is a matter of routine that he and Mary C. Moola would be in the office together during the time this murder occurred. Dr. Jagadeesh Moola has advised your afIiant that he normally would see patients between 1245 and 1300 hours.. Delores Dexter, mother of Mary C. Moola, when indicated that Mary C. Moola's, had a aox aim-+aza-se personality and could be confrontational. Mary C. Moola managed Dr. Jagadeesh Moola's practice from scheduling to financial management. Dr. Jagadeesh Mooia reports that he is the keeper of patient records; patients requesting records must submit their request to him. After he receives a request for records, Dr. Jagadeesh Moola personally reviews the record for confidential information that would be innappropriate to release to the patient.This creates a two week tum around time from patient request to records release. Mary C. Moola cannot release any patient records. It is the consensus of -all detectives involved in this investigation that contact between the offender and Mary C. Moola was brief. Preliminary forensic investigation revealed that Mary C. Moola was (tilled as she was positioned behind her desk. This is supported by the path of the bullet through her body -the wound tracts from the upper left chest area to the lower left quadrant of her back -and into the chair in which she normally sits. The location and timing of this murder, the fourth floor in an office at the end of a long hallway, during the middle of the work day, suggests the offender in this case has some relationship with Dr. Jagadeesh Moola's practice and some familiarity with the location of this particular office. Observations by your affiant on subsequent days following the murder show a high volume of pedestrian activity, between 1230 and 1315 . hours, at the Medical Arts Building. On the fourth floor there are a number of offices, I observed a regular flaw ofpersons in and around the fourth floor_ The aforementioned suggests the offender in this case was in an environment where there is a high probability of being observed by others. Dr. Jagadeesh Moola regularly sees patients with diagnosed personality disorders. Dr. Jagadeesh Moola reports that some of his patients may experience violent outbursts which maybe associated with their personality disorders. In my experience subjects suffering from diagnosed personality disorders do not always behave in a rational or predictable manner. Trooper Todd Nuemeyer reports markings on the 9mm projectile and the expended shell casing suggest the weapon used in this murder is a weapon readily available to civilian gun purchasers. The aforemenfioned circumstances suggest a high probability the murder was committed by someone familiar with the practice both in terms of its location and the hours of operation. On June 6, 2007 at about 0130 hours, Sgt. Neil Coll ofthe East Pennsboro Township Police Department was requested to call Jane Stimmel of New Jersey Avenue in Harrisburg in reference to the Moola homicide. Sgt. Coll learned from Stimmel that she had just returned home from vacation and she discovered that the mail carrier had mistakenly delivered her a letter. Stimmel said that she originally opened this letter not realizing the letter was not meant for her. As she read the letter, she noticed an article regarding the Mary C. Moola homicide. Written on this page of the letter was a comment stating "...a draggle shit kills a great woman like Mary". Stimmel told Sgt. Coll that she is a nurse at Holy Spirit Hospital and that she thought this letter might be useful to the police investigation. Detective Adam Shope retrieved the letter on June b, 2007. Upon review of the letter, it vyas addressed to Scotty Renner 4309 S. Victoria Way in Harrisburg. One of the pages of this letter was a photocopy of a trespass notice sent by the Habitat for Humanity of the Greater Harrisburg Area addressed to Larry WALTERS 50 Polecat Road, Landisburg, PA 17040. This memo references inappropriate behavior on WALTERS' part and as such, he is no longer allowed to volunteer for this organization. Written on this letter, in non photocopied ink, are several statements where WALTERS disputes this allegatiozi. This writing appears to be similaz to the writing on the photocopy of the Mary C. Moola homicide that is also contained within this letter. Your affiant learned that WAITERS used to bean East Pennsboro Township resident and that WALTERS noPC a~aa-~o-za-se worked for several years at the Enola Rail Yards located in East Pennsboro Township. In further researching WALTERS, it was discovered that WALTERS had been arrested for simple assault in 1979 and simple assault domestic violence in 1989. WALTERS was denied a gun cazxy permit by the Cumberland County Sheriff in t 990. Furthermore, in 1991 WALTERS was arrested for disorderly conduct where WALTERS got ~`~ agitated at several local youths in Eno1a and WALTERS allegedly brandished a gun at the youths. It was revealed to your affiant by Dr. Jagadeesh Moola that WALTERS had been a patient of Doctor Jagadeesh Moola's for several years. Dr. Jagadeesh Moola advised that WALTERS was seen by Dr. Jagadeesh Moola from December 2, 1998 through August 31, 2005 . On June b, 2006, WALTERS was involved in an incident in Camp Hill Borough where he was asked to leave a PNC Bank. Officer Deb Olsen contacted WALTERS and told WALTERS that he was no longer allowed in this bank branch. This incident is a result of WALTERS harassing a younger female worker at the bank asking this woman to date him. WALTERS began to send Rob Stover, Risk management Investigator for PNC Bank, harassing letters. Stover reported one such letter to the. Camp Hill Police where WALTERS wrote to Stover, "Have a nice 4 of July vacation, it may be your last with PNC." 4n June 16, 2006, the Pennsylvania State Police, located in Newport, assisted Mental Health Services in serving a 302 Mental Health Conunitmen# on WALTERS at his residence at 50 Polecat Road in Landisburg. This mental health commitment was requested by WALTERS' mother, Isabelle Walters and his brother, Alan Walters. Your a£fiant also learned from the State Police in Newport that WALTERS was having gun ammunition delivered to his house by Fed Ex around June or July of 2006. On July 10, 2006, Larry WALTERS contacted Dr Jagadeesh Moola requesting to be seen again. Dr. Jagadeesh Moo1a denied WALTERS service stating WALTERS was too manic to be seen by him and Dr. Jagadeesh Moola referred WALTERS back to the Veteran Administration Clinic. On August 6, 2006, the East Fennsbom Township Police Department investigated an offense where Larry WALTERS passed a note to Regina Morns at the Unity Church in Enola. WALTERS writes that he wishes all "Virgos" were dead. This note was confiscated by police. WALTERS was subsequently arrested for this offense. Your affiant submitted the handwritten note from the August 6, 2006 to the PSP Lab to compare to the Letter seized from Sane Stimmel. Trooper Michele Zeiders of the Pennsylvania State Police Laboratory reported that the writer for both samples was the same person. Furthermore in June 2006, WALTERS was arrested by the Lower Paxton Township Police Department on charges of harassment where WALTERS. was alleged to have had inappropriate contact with a co-worker. WALTERS began to send threatening and harassing letters to the Habitat for Humanity Director, Susan Mulford. In October of 2006, WALTERS mailed Doctor Jagadeesh Moola a copy of a hearing notice continuance for court 09-i-03, the court of Hon. Richard Dougherty. This hearing notice was given to your affiant by Dx. Jagadeesh Moola. The continuance was requested by Cumberland County Public Defender Arla Waller. This notice that was sent to Dr. Moo1a had an attached note stating, "Aria said I'm to contact you so call her w/what you decide". Dr. Moola told your affant that he did not contact WALTERS and filed.this notice in WALTERS' patient file. As a result of WALTERS Lower Paxton Township arrest in June 2006, WALTERS pled guilty and was sentenced on April 19, 2007 by Dauphin County Judge Richard Lewis. WALTERS was sentenced to 12 months of probation, no contact with the victims, he was ordered to have a psychological evaluation and he was further ordered to turn in all firearms to the Dauphin County Sheriff's office. apPC asoa-76-24-98 ~ On May 7, 2007, WALTERS met with Perry County Probation Officer Michelle Orris. Dauphin County ' Probation bad transferred WALTERS' supervision to Perry County as WALTERS is a resident of Perry County. Ozxis reiterated to WALTERS that he needed to submit to a psychological evaluation. WALTERS disclosed his anger and disgust to Orris about having to go through another psychological evaluation. Orris described WALTERS as very agitated and angry about having to have another psychological evaluation done. Orris told WALTERS to get this psychological evaluation done as soon as possible. Surveillance video from May 18, 2007 show WALTERS visiting the Commerce Bank and the Giant stone in Carlisle. On June 14, 2007, your affiant received the May 18, 2007 video from Commerce Bank. On June 24, 2007 your affiant received the May 18, 2007 surveillance video from Giant. Your affiant noted that WALTERS is wearing something under his clothing on his right side hip. Upon confirming with firearms instructors Sgt. Todd Bashore and Lt. Mark Green, as well as several other officers, it was determined that this object resembled a handgun and holster. On May I9, 2007, WALTERS called the East Pennsboro Township Police asking if the person who was shot, "Mary Moola", was doctor Moola's wife. On May 23, 2007, the funeral for Mary C. Moola was held. Dr. Moola reported that WALTERS' presence at the funeral was inappropriate in that WALTERS did not have a relationship that warranted his attendance at the funeral. During this encounter, WALTERS told Moola to "watch out for all the draggles on the streets". Confirming WALTERS attendance at the funeral are surveillance photographs taken by David Ickler of the Cumberland County District Attorney's Office Bureau of Justice Services. Moola was interviewed by your affiant and he indicated that WALTERS does not have a close relationship with Mary C. Moola. Moola reports WALTERS is given to mood swings and is emotionally unstable. WALTERS was not scheduled to be in his office the day of the murder. On June 5, 2007, WALTERS had his second meeting with Perry County Probation Officer Michelle Orris. WALTERS gave Orris a medical release from the Veterans Administration and he told Orris that Dr. Moola did not have a medical release form. Orris discussed with WALTERS an alternative release farm to file with Dr. Moola. WALTERS told Orris the correct spelling for Dr. Moola and told Orris, "You know, the one whose wife was just shot at the hospital". _WALTERS also told Orris that the VA Clinic was for his medical treatment and Dr. Moola was used for his mental health treatment. On June 14, 2007, Dauphin County Probation served an arrest warrant on WALTERS for failing to comply with his court order to turn over his firearms to the Dauphin County Sheriff s office. WALTERS home was searched by Dauphin County Probation. Several thousand rounds of ammunition atxd three guns were recovered. A Pennsylvania State Police records check revealed that WALTERS legally owns as many as (45) handguns. This report indicates that WALTERS has at least (5) 9mm gunsxegistered in his name. WALTERS is currently being incarcerated in the Dauphin County Prison until he turns over his firearms to the sheriff's office or until he is released by a judge of that county. Records furnished by The Sportsman's Guide, an on line gun supply house, show WALTERS purchased a .357 barrel fora .40 caliber Glock pistol, This barrel fits into a .40 caliber Glock and allows the .40 caliber Glock to shoot _357 caliber bullets. This demonstrates. WALTERS has the knowledge and ability to customize and/or modify firearms. John Zerance, reports he, Zerance, is an expert gunsmith and gun collector. Jahn Zerance reports Larry WALTERS is an avid gun collector and shooter. John Zerance told your affiant that Larry WALTERS has a level of knowledge of guns and ammunition that exceeds that of most gun collectors and users. AOPC 4108-10-2498 rrn c~a1 ana :meaicat records u]dcate that W AL 1 ~K~ is en a umtecl income-due fo a aisatiiiiiy; ttieretore I ~ jinn WALTERS gun collection represents a substantial investment in time and money therefore demonstrates the guns and the gun collection are very important to WALTERS. It is reasonable to believe WALTERS is an expert in guns. John Zerance reports that Larry WALTERS drives an older diesel Mercedes Benz and has borrowed money from John Zerance to pay for diesel fuel. WALTERS lives in Perry County and the investigation has shown that WALTERS frequently travels by automobile to Cumberland County, confuxned by financial and medical records.. On 06/20/2007, while interviewing Dennis Walters, son of Larry WALTERS, your affiant observed WALTERS has a makeshift shooting range on his property, it is a dirt mound as a backstop with a two old appliances that show multiple bullet holes. I observed hand loading and reloading equipment at WALTERS property. It is my experience that expended bullets may be recovered from dirt backstops at shooting ranges, I also know that these bullets maybe of such a condition as to render them identifiable in a ballistics examination and positively linked to the firearm they were discharged from. I know that expended shell casings may be recovered from shooting ranges/areas and that•these expended shell casings may be of such a condition as to render them identifiable and therefore positively linked to the freatm from which they were discharged. I know that typically, expended bullets and shell casings are not routinely cleaned up and it is reasonable to believe that said items will be found if this search warrant application is approved and the search executed. While inside the home, I noted piles of newspapers, handwritten notes, and various other documents which WALTERS maintains in his home. To the best of my knowledge, the interior and cartilage of WALTERS' residence have not been disturbed since 06/20/07, as 'WALTERS has been incarcerated daring that time. On June 22, 2007, your affiant and Detective Shope interviewed WALTERS at the Dauphin County Prison. WALTERS was questioned regarding his calling into the police station on May 19, 2007 with a potential lead to this case. WALTERS cried slightly when asked if he knew the victim, Mary C. Moola. WALTERS confirmed that he was withholding his guns from Dauphin County and said he was working on turning in the guns with the help of his lawyer. This indicates that there is ammunition at the location described in this search warrant. Based on the above, your affant would request that a search warrant be issued for the property of SO Polecat Road and adjacent vehicles and cartilage so that police may search for evidence of this crime. Furthermore, your affcant would ask that the court seal this search warrant. The actor(s) in this murder have not been identified. It is reasonable to believe that persons} who have committed murder are violent and pose a substantial risk of death or serious bodily injury to others, however, even though WALTERS is currently incarcerated, it is expected that he be released. The penalties associated with a conviction for murder are substantial, and in my experience this actor(s) has an interest iri avoiding detection and apprehension. In this search warrant application, cooperating witnesses have been identified. Should the identity of witnesses be revealed to the actor(s) in this crone through the media, then it is reasonable to believe these witnesses maybe at risk of death or serious bodily injury at the hands of the actor(s). Further, specifics concerning the ballistic evidence have been described. Should this information be revealed to the actor(s) through the media it is reasonable to believe the actor{s) may take steps to alter or destroy this evidence, possible weapons and to protect information only the persons} who committed the :Harder would know. ~~ essr o~ MY icriowtfaoe, 71'll/ D pOPC 4 S 0&1 a249B Commonwealth of Pennsylvania RETURN of SERVICE ANQINVENTQRY COUNTY OF PERRY •~ Docket Number Police Incident Warrant Control __..___. (issuing Auf,ority): Number: 2007050439 Number: 0001 Date of Search: Time of Search: Property Seized as result of Search (Y/N):yes 07/12/2007 1056 Date of Return: Time of Return: Officer making Return: 07/13/2007 i 500 Det. Michael Cotton Signature of Person Seizing Property: Other Officers Participating in Search: Hockenberry, Bashore, Stover, Keii, Shope, Hartzog, Ickler, Epting, Fuller, McNair, Class, Krause, Cronin, Geedy Pa.R.Crira.P. Chapter 2t7D0 SEARCH WARRANTS Rule 2001A. Approval of5earch Warrant Appliaatians by Aiwraey for the Conunonwealtk -Local l7ptinn. (a} The District Attorney of any.covnty may require that search warrant applications filed in the county have the approval of an attorney far the Commonwealth prior to Sling. Rule 2tNld. Person To Serve Warrant A search warrant shall be served by a law enforcement officer, Rule 21705. Contents ofSrnrch Warrant. Each search warrant shall be signed by the issuing authority and shall: (a) specify the date and time of issuance; (b) identify specifically the property to be seized; (c) name or describe with particularity the person or place to be searched; (d) direct that the search be executed within a speciSed period oftime, not to excxd 2 days from the time of issuance; {e) diroct brat the warrant be served in the daytime unless otherwise authorized oa the warrant, PKOVD3ED T1iAT, for purposes of the Rules of Chapter 2000, the team "daytiure" shall be used to moan the boas of 6 am. to 10 p.m.; (f) designate by title the judicial officer to whom the warrant shall be returned; (g) certify that the issuing authority has found probebk cause based upon the facts sworn to or afFumed before the issuing autlurrity by writtar affidavit(s) attached to the warrant; and (h) when applicable, certify on the Srct of the warrant that for good cause shown the affidavit(s) is sealed pursuant to Rule 2011 acrd state the length of time the affidavits) will be sealed. Rule 2006. Contents ofApplieation forSearcJr Warrant Each application for a search warratrt shall be supported by written affidavit(s) sigood and swum to or affrrmod before an issuing authority, which affidavit(s) shalt: (a) state the name and depardnrnt, agency, or address of the affiant; (b) identify specifically the itans or property to be searched for and seized; (c) name or describe with particularity the person or place to be searched; (d) identify the owner, occupant, or possessor of the place to be searched; (e) specify or describe the crime which has barn or is being committed; (f) set forth specifically the facto and cirtumstarrccs which form the basis for the atfiwt's conclusion that these is probable cause to believe the items or property idemified art evidence or the fruit of a crimp, err are contraband, or are otherwise unlawfirlly possessed or subject to scizrrre, sal that these items or properly are Iocated on the particular person or at the particular place described; (g) if a "nighttime" search is requested (i.e, IO p.m. to fi a.m.}, state additional reasonable cause for sedcing pemtission to search in the nighttime; and (h} when the attorney for the Commonwealth is roquesting that the atffiidavits) be scaled pursuant to Rule 2011, state the facts and circumstances which art alleged to establish good cause for the sealing of tare affidavit(s). Rule 2008. Copy of Warrant; Receipt for Seirtr! Property. (a} A law enforcement office, upon taking property pursuant to a search warrant, shall leave with the person from whom err from whose premises the property was taken a copy of the warrant and affidavit(s) in support tlrrtto~ and a receipt for Bee property seized A copy of the warrant and affidavits) must be left whether or not any pcopaty is seized. (b) Tf no one is present on the pranises when the wanant is executed, the officer shall Leave the documents specified is paragraph (a} at a conspicuous location in the said premises. A copy 4f the wansat and affidavit(s) anrst be left whether or not any property is seized. (c) lVotwithatanding the req~,;***nP~ts in paragraphs (a) and (b},the officer shall not leave a copy of an affidavit that has been sealed pursuant to Rule 2011. Rule 21709, Relarn with Inventory. (a) An iaveatoryof items seized shall be made by the law enforcane~ officer serving a search warrant The im~entory shaltbe made in the presence of the person from whose possession or premises the property was taken, when feasible, or oWetwisc is the presence of at least one witness. The officer shalt sign a statement on the inventory that it is a true and correct listing of all itcrns seized, and that the signer is subject. to the penalties and provisions of 18 PaC,S. Section 4904(b) - Uoswom Falsification To Authorities. The inventory shall be returned to and filed-with the issuing authority. (b) The judicial officer to whom the return was made shall upon request cause a copy of the inventory to be delivered w the applicant for the warrant and to the person from whom, or from whose. ptaaises, the property was taken. (c} When the search warrant affidavit(s) is sealed pursuant to Rule 201 1, the tehrrrr shall be made to tine justice or judge who issued the warrant. A COP.I~.OF TMIS FORM, WHEN COMPLETED,_15 TO BE ATTACHED TO EACH COPY OF THE SEARCH WARRANTS/AFFIDAVIT Commonwealth of Pennsylvania RECEIPT / INV~~tTORY ' OF SEIZED PROPERTY COUNTY OF Docket Number Police Incide-~~O ~~~,~~~+ Warrant Control ~~ (issuing Authority}: Number: ~ Number: .; ,. ~.: , D of~a~r~.+~ Time of ~~ ~j~ Inventory P~e Number: ~`=- #~ of Pages -- ,- - ;~ Afftant Agency orAddress if private affiant Badge No. The foliowing,lproperty was taken I seized and a copy of this Receipt /Inventory with a copy of the Search Warrant and affidavit(s) (if not sealed)~nras rsonally served on (name of persol~+* was left at (describe the location) ~ ~ Item Quantity Item Make, M¢del Seriai No., Color, etc. Number Description :, f ~!"4~ tF'(b ~~ ~ .. :::r~- - do ereby sta this inventory is to the best of my/our knowiedge and 'ef a true and correct listing of all items seized, and that I/we s t eceipt / tory subject ib the penalti provisions of e t 8 P C.S. Unswom Falsif to Authorities, ~~~~ `"~ Sf re of fas t /frr Prfn Arffff or Titfe sf of Yrrr Bad ,~..„ . Signature off person mafdng Search PrfirttCd Name Affflfatfon Badge or Trt/e ~~ AVYIi 41:1tl lC-VJ-`Jif ~L.d %v T ~i~' ~ - - - - .~ vs - ~ } ~a ~~ --- - ! ~ ~ Q -~~~ c.~ ---- ~~ ~ -- ~- o ~~~~~~~_6~ ~l1 T~ Zj ate/ ~' a ~l S~~ S z-~ __----- - o '~t ~ -- ~ N ~ a z - ---- -- -- - - ~-- ~ - - ---- - ------------ - - ---- -- ---- ~ L-i~ i /V ~ FF ~'~ Z~ C r -~J'` ~i~>~ ,~ 5 1 ~'~ L.6t Tz? ~ ~''//~/ //~ - - ~+-~~-T~C~-T ~ f tom. ----- ~ SOIr~I c? ~0~' /G~f1d_~t2_(~`L~L/t~L 8/= ~~~'„~/~YG~LiyTL/ ~~~~-- ~ ~ ~ ~~~ ----~ - --- ~ lLL !~~ U/ ~ 3 411 ~} ~ ~ ~1J ~1.~-_7~~~~ ~ ~ ~~--- ~ 1.5 Gr/ 6 c L /4 j-/~B 6LC ~~' ~__ __. ~ ~ - -- ---~ .- f~ -~- , -~•--L-1zL~ --~~~Lv T1 ~_~-~~~ T~~ C'_~J~_S ACS DQ/~6~T -- - ~ i ~yJ n *~- - ~ -~-7- ice.-----~~~~~~~~ ~-_ f~~i~ j'J f` / .~ y-~ / ~~ .y- n ~ /~-/~ ~f ~J~-~ ~~r ~ ------ _ __ _ a - -- ~ - i ~- - ~r~ F-f av~~ vyL ~~ /~ v ~ - ~ k ' vy o ~ l ~ ~ n C ~- ~ ~ ~y ~,, ~~ ---- ----- _t ~-~~A-~__~~ _ ~,~~ ~-! ~ GDQ/ 7-21 ~ r"G~1~ f/~/ -- ---- ~. -_ _ _ -_ STS y J}~ OF G~1~1/~-~ ~ ~7~5 /S ~~ v~-ti ~t'~fG~S ~-`~~-T ~ a ~L ,~ r~ ~ ~U,~~~ o~y ~~~ ,~~ ,~ ,,~ ~/,~~ was y /,s~~z~ ~ ~'--~~~ ~OLlGL'' G~~'~z~ I~tIG:'ST~G.~r~tic ~PAQQ (v ~~E ~~ A ~Nr~/=~' G~L~G~~e~ ,~- Q,'~,~l3iG/C ~i~' Di? dY ~0 4.e- 7"~t3 ~'~,e r,v riF,~ 6/~ L ~ /J~85dtiF ,~c~cc~/~a ~N~~ 7`~~ ~ ~9~Ic/1 L~cG i /~',~ /~~<Y ~,p>~2c~D/1c~T7/lo/~a.+>r v QA ~ A 7 ~L2 G o,~J ~T l Tvr10,~ ~ a~S" i(/O T ~,r9y" ~l,~ ~/~~G /-''//IC' ~~ ~ rL~c~i.vG /~~~r'L G T'a .S~~oT ~~~JovT) d/j ~l<9/!C Isl /2t /r'1D/'l/!/T/Gr/ ~S j~~ZO/.j/I.OLC C'am' d S Z' ~T> ~'~ /`'1 v/1 ~ ~2 ,/Ua ~ ~ S ~ ~/ ~ X T~/1/SldG' ~°~f~l.~J L-f~~~G~ /¢~ ~ 1`/~ TAD l/~ ~~Q 6¢GL~~~f~G'~ ~,fi/~<~ t~-/ ~ r-' l'~.s G-,C ~ /~ Flo U~r/~ ~h ~~~ /~ ~ C/v/» c l/~f~ ~G cs ~ G' 7`/i,~ /~G~' /' ~7~~ Gam! :G- ! ~`T~.yr~- ~'~' P~ iv~ffl ~ r TER ~/Z //1 L ~~ O~~'~,ri/~,si~ ~„5 ~~.~'c~S~c ~~ ~~~ TiBc ~ ~U/~lo~ ~~6~G-D /u~ ~ a:rV~/~~i 5 1~~.5 ~LLDG~T~~ ,4 G.s ~w o f' 7`~ ~ ~ ~~:v~~rl CJ~i~l1 / N ~ ~// ~~ pvSL'D l/~/d !'vN /9 !1 P~ ~ aN.9/~~ ~ ~~~ ti v~v ~~ ~v i4,~GZ~~ ~~ ~~G~ f~ll ors ~`~ ~ ~~~ iN ~/ ~i~rvel~ ,9 %~/ L'iy i„~ A,~~^/ /r bQ ~ ~C~ cis ~/ ~- S~~~v~.9 r-~ o.~/ ~~~~ / D v/l ~~ 1 L'ti " ~ ~G1 FS N,d~ NT ~` ~. y',~G ,,Q fl~'v ~,~z T-v p iz o v i ~a' ~- ~~ ~ ~'ie,vr-- /~'r G~-v~ ~ ~,/~ r'~~ ~~r''h'v w~ 7''~ ~z~ C~~7"bN ~ ~'41.138~/ ~jl/~jP//1G J ~` t5 ,~ ~iA/!~A ~l ~/~ ~` d'~-.A ~ r/7~/i~F f'd ~ZGvT 7 6 ~t Goo R ~'- ~A L~iv 1~ q c ~e/IS /~/S ~2aT~/~~ GJ~ ~ SGA/I ~/J' /.~ y 7`~L l~V- ~c ~ T/G,o T'/ b~/ o rc /~ ~~~'T T~~ ~ 7`~1 ~r1 ~` c~ f~//~ ~/~ 0/3,dr/jr ~ GA v~~' ©~,e,a~S J 7) D~ f j r91~' ~o~rp~.9~.vr Tf~Gl ~~A /n/ T/fF OG'/1//~ S /3 Lj/~t/G ~ ~ s ~ a /~v,tir,~,r~~~. /3 ~ r- ~~~o~ ~' 7-N L~ ~~,e~ cal lf~ Ga ~~o t/~ t T't~t3 /.~~~ ,~ ~6~~ ~- G~I/9 G /1 oN 7`~LI~L OO~LS' ~~~ JAL y ~~/~~/~,~ ~ ~ r- ~~ ~~,o- /l `~~ ~ , ~/ ©,~r~~ CPS ~ ~ ~ D NQ7-~ ~ ~t~ ~~ ~~//~l r' ~ L7% 5 0~5 FT~2 {~/l r~/~i9/~.~~' ~,r9U 5G1 `7'"/~Lz~ F~a ~ ~ ~} ~ P~ B/N7'/ ~' ~ ~~jv ~ ~-- 7-~{fl~ la`s ~``CJ 6G~ ~~ 4 /dv G ~ ~,T~~-1~~5 ~~,~ ~~~ y ~l li J~7~GG a u /iV'G /1 G~/'~'f~ll~ 7~'~ T'~t~ ffi ~G 4J /`2~ r7`L'~S' /~'a,T ~~t Nrc CCU ~~~ eO7-Ta,/ a6z~~GP~/ ~'~eZ ~8e-t S OF ~i~ Z1 ~~G I G ~ /~ r7'~s~it'iff~S ~~ ~.~R~ 22 2~ T~~ ~~~r~ti~~.vr5 .d~~ tiei ~~~~ ~~~ vs,a•~s /~Q~sy ~~ 2~ ~g f ,</LS~ ~~ ~G,~ liv ~i4-R/~1 ~~~ ~~~~ O."` ~NL G.~`t~~ie~.~l- °~" ~.~~,~ l 7 ate' ~~ /IL~•~~Tig ~ ~Gn T~a~ Sl~a~ ~'~L ,D~r~~ /l/J7~~T'S e J~' ~i~L~~' L l T ~~ ~~_-- ~G,B ~ w t7 ~'~ ~6 ~7'~~/~s ~h!~~ FD ~e b i/ e rvG ~ I~-~t, 6~ Hopi ~S'~ ~i~~z ~ Grz.~ P~ S ~-~ ~ L~ ~S t Dlsi ~,~r1 ~„'vvj ~~'1~1fZ~~ihaior~N6 ~, ~ f~~ ~L~A/J`/Ff S'~ >lJ ~ Ld/~S /~- 7-L~GZ/II~LL- ~1~Z~1~l~r~ /~/2 ~' 77~G ~6 L/~~ /¢ 2L' fir/ T`~`~H/!~ ~'/a ~~" lti ~~Z ~r ~,~1 ! T,~ c7 LTr>'t! 11 /.~G ~4~ ~ a dG,f S ~ ~C aG~.%S" Off. 4Z"~ ~~ 5 771 i s / 5 S~~G ~`~ 77 ~~/ ~ ! ~' a~ t z L 8 ~ /~~ a3~ /.v p T?~ ~~~~ 061 lkaaz ;~ S 7`~S7"l~ ~ ~6 ~~~ PL,~ /~ r~F~' ~ ~~~ ~ r~r~ D2 /~ oaL,e -r ,~ ~J37`~/N ~ /~ ~10~ /~l3GQ~yG~ OF ~g~av~as 1'L ~ I ~, J ~ ~ ~`~ NAT ~a ~~Sr~~1" 1`~~~~`- j Ci /LIL /I/7`" l~a tit Q.~ ~ ~ ~~ 1` / ~ Ny" ~ l~ T a D ,~Y,/.v1 G 7 O ~ A ~'~~ ~- D6~r-~~z.~ ~N~ ~~~~~~~~~ was ~,c/ ~~~~.~~' ~~ ~~ ~ y i ~ `~ ~,~ ~ ~~ ~ ~ ~s ~ ~~ ~ a~ o~~p~ ~ ~ ~ r~~~ti j ~~~Dl/.5 ~f~ G~f1L1'`v25 lS I»iSND~'~UllS ~r ~6i1~i'~7 ~. ~ ~ /9-~~ ~tv~ ~L1-- ~n ~l ~. o.~'a .~. ~~/~ ~s ~7c r ~~Zo~~f32~ C,~/S C~ /?~~ Cn ~ > Sa ~ ~ fiv O ~ ~ l ~ ~v~~b a T Vi~~~r~ t ~n J ~j ~ SG1G ti'd TGI j Off/ ~C ~c~`/- ~Pl ~s ~. ~n ~l~ ~ tins e/lY.~+-/~ S1~at~S ~~ S~ozl~ hl~ ,E'~~zT' j'a~ 7'~t~ ~N ~"I~~ ~ ~/ ~i~rla ~ /~ /loon-,~- ]~i~~s ~~~ j d ~i9K~ - ~ S/~.r.~ ~' ~W~/vGL1wc L7 1 Lv ~~ ~ ~~; !~1 lr~i/ Ol'd' ~c B2" aZ S~~/ L~/.~5 ~ 5l16'v ~/z gH~3 ~~ ~ Z`~' (~~L ~ ~ ~1~2 XS Qi v ~~ 7`a /(/l Glf6GL~ ~ ,Don. ~' 7$2'L /~' l~lrJ 1'O ~~ ~o~ " v ~ /Y anL lei ~~L ~~ o~ G acrd L~~+/P P~ ~%t c-~ ~ 4 ~- ivC' ~ /~ ~ ~ r7_ /~~ ~ ~c ~ G'.5 ~4~~/y ~? f pie, fv, >v e L.. ? ~ ~""S t5~ ~5 ~G' ~~lJToa/~GS ~ 5 ~> /1j/~G ~1 /t~ %`'J ~i+~L~ ~/'L RBI /v1~4/c~l.J~ ~,>` ~f/ Z5 ~`" ~ ~`.2UPi ~ /f'l.~J D ra~T/~v~.~ mot-' .. 7 ~~ ~GBlh/7r"I ~`'~' W ~4-~ ~'G/~lL ~ /~~ ~L a~D~r~rrr/c ~iC1LG~i'~~ ~''~~~'i''~ () !.f ~I~ ~/ t~~ G.,1 U LI o ~' ~ ~ ~e L /~ .Q s G~/f~ L ~ 17Cf/~iei+~~~/G 2~3D ~ ~/~ 177 A/ ~o~ ~ GD G S ,~ ~ ~ .~~~„o ~,~-rs r~i9 v~ Naf S~ci/z/~ f,,f l~ ~ /71L I~ 2 r~~ ~~~ ~ .~ r a ,~ Ll /'SOT/~/"~~G t v6l /~~ ~f/T' r ~~Q ?~~~ ~~~' CL7 L~~i1-' G ~L2 ~U7-/9L~~ 7"/~ Lj ~ L.9 tN~/f'!~ ~' ~ I S t/mss 7-is~ ~ S ~,~ ~~ f ~ Gail a ~2t~ss ~ ~ti or ~ r~ k ~1S~l~s~~ ~~5~ /7a4~a-~23s~ ~~i ~yii- > ~!/ ~`!/~~ l/~-~Ij ~19Z 13/t Sg/~ li/ ~3 ~ •v ~~~ OG.4~-~ a~z y 4Z f3G ~~.p~ ~1a721~ 1it/~~ivlJC~ ~` .,~ ~`Y~0 5~~~~ ~~n ~~~ C-~1r//~v~5i rs.v .~ 6~~ ~/r~ ~- a.~a~ ~r~v. LARRY WALTERS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. C= 4 EAST PENNSBORO TOWNSHIP, MW M_ WAYNE MELNICK, DET. MICHAEL COTTON, ROBERT GILL, AND LT. MARK GREEN, CD CD -rt DEFENDANTS NO. 12-5838 CIVIL CD-1- I X =CD IN RE: DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEA[jiti�s BEFORE GUIDO, J., EBERT, J., AND PLACEY, J. ORDER OF COURT AND NOW, this 91h day of May, 2013, upon consideration of the Plaintiff's Pro Se, Complaint which constitutes a tort claim based on the Defendants' alleged negligent or intentional conduct with regard to securing a search warrant in July of 2007. The Court finds that the statute of limitations for such an action is two years. 42 Pa.C.S.A. §5524. The Plaintiff did not file his Complaint until September of 2012. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Defendants' Motion for Judgment on the Pleadings is GRANTED. Judgment will be entered in favor of the Defendants and against the Plaintiff. The Plaintiffs Complaint in its entirety is DISMISSED WITH PREJUDICE. By the Court, M. L. Ebert, Jr., J. Larry Waiters Plaintiff 50 Polecat Road Landisburg, PA 17040 /Paola Tripodi Kaczynski, Esquire Attorney for Defendants 1500 Market Street, Suite 2920 Philadelphia, PA 19102 bas 'LLI �, ,,i. s/4�i3