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Home My WebLink About13-4454 Supreme Court of Pennsylvania al Court oTo m ' o Pleas XI ry a` For Prothonotary Use Only: t Cover, ' heet rr Docket No: S Cumberland County �( /lY "(J The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 9 Complaint El Writ of Summons El Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T W. Scott Cornelious Camp Hill Borough I ❑ Check here if you are a Self - Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: chris,opher J. cook, Es N Are money damages requested? : ❑X Yes El No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes ❑x No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include A4ass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S El Product Liability (does not include El Statutory Appeal: Other E mass tort) Discrimination Dispute: E] Slander/Libel/ Defamation Discrimination ❑ C ❑ Other: Employment Dispute: Other . Judicial Appeals ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑x Mandamus ❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa. R.C.P. 205.5 212010 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c� W. SCOTT CORNELIOUS CIVIL ACTION - LAW m �-- Plaintiff U , r vs . NO. CAMP HILL BORO t > �+ Defendant 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 AN 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. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 O cl �f 7sa P.4� X93.70 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION W. SCOTT CORNELIOUS, Plaintiff CIVIL ACTION — LAW V. CAMP HILL BOROUGH, NO. Defendant COMPLAINT IN MANDAMUS AND NOW, comes the Plaintiff, by and through his Attorneys, Lightman, Welby & Stoltenberg, LLC, and avers the following in support of his Complaint in Mandamus: PARTIES 1. Plaintiff, Scott Cornelious (hereinafter "Plaintiff"), is an adult individual and resident of Perry County within the Commonwealth of Pennsylvania. Plaintiff is employed by the Camp Hill Borough Police Department within Cumberland County. 2. Defendant, Camp Hill Borough (hereinafter "Defendant "), is a municipal corporation and political subdivision of the Commonwealth of Pennsylvania, organized and existing in accordance with the provision of the Borough Code, 53 P.S. § 45101 et. seq., and maintaining a principle place of operation at 2145 Walnut Street, Camp Hill, PA, 17011. JURISDICTION 3. Jurisdiction in this matter is properly situated in the Court of Common Pleas pursuant to the provisions of 42 Pa. C.S. § 931. VENUE 4. Venue in this matter is properly placed in the Court of Common Pleas of Cumberland County pursuant to Pa.R.C.P. 1006, as it is in this venue that the cause of action arose and that both parties can be found. ALLEGATIONS OF FACT 5. Plaintiff is employed as a police officer of the Camp Hill Borough Police Department (Police Department) since September 5, 1995, presently serving in the capacity of a patrolman. 6. Prior to being hired by the Police Department, Plaintiff served in the United States armed forces. To wit: Plaintiff served in the Army (Reserve and Active Duty) and the Army National Guard for various periods of time between 1987 and 1997. 7. On January 24, 2009, Plaintiff enlisted in the Pennsylvania Army National Guard and has continuously served as a reservist through the present. 8. In 2009, Plaintiff was deployed to active -duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department. Plaintiff's deployment was to Fort Indiantown Gap; and his service dates were from June 7, 2009 to August 16, 2009. 9. In 2010, Plaintiff was deployed to active -duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department. Plaintiff's deployment was to Afghanistan; and his service dates were from August 1, 2 2010 to approximately the beginning of January 2011. This deployment to a combat zone was ordered pursuant to 10 U.S.C. § 12301(D). 10. In 2011, Plaintiff was deployed to active -duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department. Plaintiff's deployment was for the purpose of providing service and support to those devastated by Hurricane Lee within Pennsylvania (state active duty); and his service dates were from September 7, 2011 to September 11, 2011. 11. In 2011, Plaintiff was deployed to active -duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department. Plaintiffs deployment was to Fort Indiantown Gap for Warrior Leader Training; and his service dates were from May 13, 2011 to May 28, 2011. 12. In 2012, Plaintiff was deployed to active -duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department. Plaintiff's deployment was to Camp Shelby in Mississippi; and his service dates were from October 9, 2012 to approximately February 2013. 13. In each of the above -noted instances, Plaintiff was approved for a military leave of absence upon providing proof of his active -duty orders to Defendant. 14. In each of the above -noted instances, Plaintiff utilized his accrued, but unused, leave time. 15. In each of the above -noted instances, Defendant failed to pay Plaintiff a total of fifteen (15) days paid military leave in accordance with 51 Pa.C.S.A. § 4102. 3 16. In the instance for which Plaintiff was called to active duty for state service relating to support for Hurricane Lee, Defendant failed to pay Plaintiff for all of his military leave in accordance with 51 Pa.C.S.A. § 4102. 17. In April of 2013, Plaintiff requested that Defendant address the failure to pay the various periods of military leave in each of the years 2009, 2010, 2011 and 2012. 18. By e -mail of April 23, 2013, Defendant informed Plaintiff that he was due and /or owed nothing from the time period from 2009 through 2012. Defendant acknowledged their responsibility under the 51 Pa.C.S.A.. § 4102, however, by stating they would provide "Paid Military Leave" for dates requested after April 16, 2013. COUNT ACTION IN MANDAMUS 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as if fully set forth at length. 20. Our Pennsylvania Statutes imposes a mandatory burden upon political subdivisions to provide, inter alia, the following entitlement: ...leave of absence from their respective duties without loss of pay, time or efficiency rating on all days not exceeding 15 days in any one year during which they shall, as members of the Pennsylvania National Guard..., be engaged in training or other military duty under orders authorized by Federal or State law. 51 Pa.C.S.A. § 4102(a)(1). 4 21. Our Pennsylvania Statutes impose a mandatory burden upon political subdivisions to provide, inter alia, the following additional entitlement: ... when such officers and employees shall be ordered... to active duty, other than active duty for training, for a period of 30 or more consecutive days and assigned to duties away from home station and when such duty is ordered under 10 U.S.C. § 12301 ... they may be entitled to up to 15 days of additional military leave of absence in any one year without loss of pay, time and efficiency rating. 51 Pa.C.S.A. § 4102(a)(2). 22. Plaintiff possessed, and possesses, an entitlement to paid military leave pursuant to 51 Pa.C.S.A. § 4102(a)(1) and (2). The mandatory nature of this entitlement creates a property right for Plaintiff in the same. 23. Under Article I, Section 1 of the Pennsylvania Constitution, all men are born equally and have an indefeasible right in the possession and protection of property. 24. Plaintiff's property interests in this matter are created by and .through state law and are to be afforded constitutional protection. See, generally, Lisa H. v. State Bd. Of Educ., 447 A.2d 669, 672. 25. Plaintiff has a clear right to receive paid military leave for those periods of time in 2009, 2010, 2011 and 2012 that is direct, substantial and present pursuant to Article I, Section 1 of the Pennsylvania Constitution and 51 Pa.C.S.A. § 4102(a)(1) and (2). 26. Defendant has a mandatory, non - discretionary duty to pay Plaintiff military leave pursuant to Article I, Section 1 of the Pennsylvania Constitution and 51 Pa.C.S.A. § 4102(a)(1) and (2). 5 27. Other than the action set forth herein, Plaintiff has no remedy at law adequate to enforce his rights in this regard. WHEREFORE, Plaintiff seeks an Order in Mandamus, directing Defendant to comply with its mandatory duty to provide paid military leave for those periods of time in 2009, 2010, 2011 and 2012 and to make Plaintiff whole for any losses from those dates. Respectfully submitted: LIGHTMAN WELBY & STOLTENBERG, LLC B �,�0 Christop , er J. Cook, Esquire Attorney I.D. No. 204362 2705 North Front Street Harrisburg, Pennsylvania 17110 (717) 234 -0111 (717) 234 -8964 (fax) Date: July 26, 2013 Attorneys for W. Scott Cornelious 6 f VERIFICATION I verify that the statements made in the forgoing COMPLAINT IN MANDAMUS 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. Scott Cornelious Date: �U 2 1p , 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff x�,.. Jody S Smith r ,. Cn Chief Deputy c Richard W Stewartr^^ < f-' Solicitor > 3 Q C-D r W. Scott Cornelious Case Number vs. Camp Hill Borough 2013-4454 SHERIFF'S RETURN OF SERVICE 07/31/2013 02:00 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Anne Shambaugh, Assistant Manager,who accepted as"Adult Person in Charge"for Camp Hill Borough at 2145 Walnut Street, Camp Hill Borough, Camp Hill, PA 17011. r TIM BLACK, DEPUTY SHERIFF COST: $45.41 SO ANSWERS, August 01, 2013 RbNW R ANDERSON, SHERIFF (c)^ountySulto Shoriff,Toleosof,,Inc. F-1 1 23;3 NV 12 F; 2: 04 CLIMI3ERLAND COM PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION W. SCOTT CORNELIOUS, Plaintiff : CIVIL ACTION—LAW • v. • • • CAMP HILL BOROUGH, • NO. 13-4454 Defendant • PRAECIPE TO THE PROTHONOTARY: Please mark the above case as settled, ended and discontinued, with prejudice. Respectfully submitted: LIGHTMAN WELBY & STOLTENBERG, LLC By: Christopher J Cook, Esquire Attorney I.D. No. 204362 2705 North Front Street Harrisburg, Pennsylvania 17110 (717) 234-0111 (717) 234-8964 (fax) Attorneys for W. Scott Cornelious Date: November 8, 2013 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing Praecipe upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States mail, with first class postage, prepaid, from Harrisburg, Pennsylvania, as follows: Scott E. Blissman, Esquire Eckert Seamans Cherin & Mellott, LLC Two Liberty Place 50 South 16th Street, 22nd Floor Philadelphia, PA 19102 W: 215-851-8485 Attorneys for Camp Hill Borough LIGHTMAN WELBY & STOLTENBERG, LLC By: Christopher J. Cook, Esquire Attorney I.D. No. 204362 2705 North Front Street Harrisburg, Pennsylvania 17110 (717) 234-0111 (717) 234-8964 (fax) Attorneys for W. Scott Cornelious Date: November 8, 2013