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Home My WebLink About05-2761 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYL VANIA CASE NO. 0.5 -~7ll CORY A. CORMANY V. JOHN D. ADAMS LYLE M. HERR PAULA P. CORREAL CIVIL ACTION -LAW JURY TRIAL DEMANDED .N. f2fl:zeE. You have been sued in Court. If you "ish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing- "ith the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. eO-U't.t admini<'1hatO-'t. eumDe't.land eO-unt'f 9Ja't. aMO-ciatiO-n .N.O-'t.tll 9JedtO-'t.d Sheet ea't.fi<'1le, [la. 17013 CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-2761 JOHN D. ADAMS, LYLE M. HERR, PAULA P. CORREAL, Defendants CIVIL ACTION - LAW PRELIMINARY OBJECTIONI~ Defendant, John D. Adams, by his attorneys, Broujos and Gilroy, P.c., sets forth the following in response to a Complaint filed in the above case: 1. Plaintiff's Complaint is a rambling, disjointed, non-slmsical pleading and fails to state a cause of action against Defendant John D. Adams. 2. As it relates to Defendant John D. Adams, the Complaint in paragraph 2 identifies John D. Adams as a Defendant, and in paragraph 9 recites "On or about August 16th, of the year 1994, Mr. John D. Adams finanl:ed an adoption pursuant the Commonwealth of Pennsylvania". As it may reJal!e to any claims pursuant to an adoption in which Mr. Adams was involved in in August of 1994, the claims filed by PJaintiffare barred by the applicable statute of limitations. WHEREFORE, Defendant John D. Adams respectfully requests your Honorable Court to dismiss the Complaint filed against him. Respectfully submitted, Date: 7-/-1Jr- t Hub'ert X. Gi oy, Esquire BroUljos & ilroy, P.C. 4 N. Hano er Street Carliisle, PA 17013 (717) 243-4574 o .c.;; ,..~ i.;~ !.::.":'i'," ~. i.: {....l.,. ;~i_': "l_, ~::;- i . S; ii~; ~-~ -< -, ,. , 'Ii "'~! 'i r::) <::> I.D ...., C""" = en <-- C' r"::; I U1 P fl ...... :J:::n rn;= -am ,~P9 ~;=';C) >~_;:E]' ';:"...C'J c5n1 '::,--1 .2- .::;; ''< ::? .....';;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYL VANIA CORY A. CORMANY V. JOHN D. ADAMS LYLE M. HERR PAULA P. CORREAL CASE NO. CJ 5. ;2 1(,,/ CIVIL ACTION -LAW JUDGMENT DEMANDED e f2.M..fJ'..ea:Z.Nfl a.N.21 .7tE!JlE.'JJ'lj CDme4!~ &vtv- a. &vunaltfh unto. and tIVtougA ~ .ealWt~ and ~ caaM4 01 MUon pwuuuuti a ciuit umedv fivt t/k a&we named 2)~,~ ~ t/k /ofto.wing; h a Matement .1d /tvdfi at fengtIi: 1. ..46. &vtv- a. ~ h an adult indiuidaat ~ in ~ &mttv-~ ff.-entt6.yfttania. 2. ..46. JoAn 21. tldmtu h an adult indiuidaat ~ in ~&mttv-~ !J1~. 3. ..46..f!gfe .Jt. .7te'tIt h an adult indiuiduat ~ in ~&mttv-~ !J1~. (0 4. ..Jt.t. !?Alda.'l!. &wtud M_ an. adult indiuidual. tteMding in ~&wttrf~ !?~. 5. (!J.n 0Ji aDout :i)~ 1M, ot tire lfOOJi 1988, AL.. !Jmtla fl. ~ COn6U11UtUlkd a pJW-Cedwte p.wuuant .M4. &wj a. &vtnuuuj. 6. (!J.n 0Ji a&ud :i)~ 14tft, ot tire lfOOJi 199(), .M4. f!qfe M. ~ aurituulided a Wd p-UJijuant .M4. &wj a. &vunatur 7. (!J.n 0Ji aDout :JatruwuJ 8tft, ot tire lfOOJi 1991, .M4. &wj a. &vtnuuuj p~lvta6~ a Wd p-UJijuant .M4. f!qfe M. ~. 8. (!J.n 0Ji aDom .N~ 13tft, ot tire lfOOJi 1991, .M4. &wj a. &vtnuuuj p~ p~L COIUJktUm ad p.wuuant tire &mummmealtft ot [J~. 9. (!J.n 0Ji aDout augu6L 16tft, ot tire lfOOJi 1994, .M4. J.o.fm !ll. adatn6, {Uumc.ed an adopiUm p.wuuant tire &mummmealtft ot [J~.yfoania. 10. (!J.n 0Ji aDout fj.eIPuuvuJ 14tft, ot tire lfOOJi 1996, .M4. &wj a. &vtnuuuj p~ p&/' COIUJktUm ad P-UJijumU tire &mummmealtft ot [J~.yfoania. 11. (!J.n 0Ji aDout S~ 17tft, ot tire lfOOJi 1998, fjJlre &mummmealtft ot [J~ p~~~ p~L COIUJktUm ad P-UJijumU .M4. &wj a. &vtnuuuj. (2) 12. (9.n 0Ji alumt f}~ 2lJtft, oj, tire tpWi 2lJlJ2, 5Jlre Wniled Slatu :i)i.dbtid eowtt 'iefJ~ a kgal ~ p-WtMUUd .,fu. &vty a. &vtnuuuj. 13. (9.n 0Ji aDout :JmuuvaJ 16tft, oj, tire tpWi 2lJlJ3, 5Jlre ~ oj, [f~ cknied p&l convidion ad p-WtMUUd .,fu. &vty a. &vtnuuuj. 14. (9.n 0Ji aDout .N~ 21~1, oj, tire tpWi 2lJlJ3, .,fu. &vty a. &vtnuuuj pmtUmed a kgal ~.i6n[~,] p-WtMUUd tire ~ oj, [f~.yfoania. 15. (9.n 0Ji aDout :i)~ 16tft, oj, tire tpWi 2lJlJ3, .,fu. &vty a. &vtnuuuj pmtUmed a cWil Wun p-WtMUUd tire Wniled Slatu :i)i.dbtid eowtt. 16. (9.n 0Ji a&ut :JmuuvaJ 16tft, oj, tire tpWi 2lJlJ4, .,fu. &vty a. &vtnuuuj pmtWned a cWil Wun p-WtMUUd tire ~ oj, [f~. 17. (9.n 0Ji aDout ~ 2nd, oj, tire tpWi 2lJlJ4, .,fu. &vty a. &vtnuuuj pmtWned a cWil Wun p-WtMUUd tire Wniled Stat~, :i)i.dbtid eowtt. 18. (9.n 0Ji aDold ~ 4tft, oj, tire tpWi 2lJlJ4, .,fu. &vty a. &vtnuuuj pmtUmed a cWil Wun p-WtMUUd tire ~ oj, [f~.y1oama. (3) 19. (9.n (JJt aDout llpJtil14t1i, of, tfre tpaJt 2lJlJ4, 5k Unihd Slate6, !i)iMttid eowtt cWliM a legal ~ p~umd ~. &vuj a. &vttnany. 20. (9.n (JJt aDout Ju.n.e. 25t1i, of, tfre tpaJt 2lJlJ4, ~. fRauta. fl. &wtud 6.cfzedufed a ckwtmination p~umd ~. &vuj a. &vttnany. 21. ~.:Jo.Iin!ll. ~" ~. J!q& .At. :Jlwt and .;Jt". fR(Ulta fl. &wtud did p~ cauM, ~ ~, mentallUlfJUi61i, puDlic fuunifiatUm, impJd6.onment and ~, em.o.ticmal ~, f.o..61 wage6, and ~" f.o..6"" of, fl'W1'~ and pmn and ~ in tfre ~ amount of, (9.ne .M.ilfUm and lJlJ !i).offa'i6, (1,lJlJlJ,lJlJlJ.lJlJ). 22. 9JfJ ~-Cm of, tfre ~; ~. &vuj a. &vttnany claitn6, di6~ ~, mental lUlfJUi61i,. public fuunifiatUm, impJd6.onment and ~, enwtio.naf., ~"'" f.o..61 waf}e6' and ~" ~ of, pJWp~, pmn and ~ and p~ ckpJtUudion of, fw.man WJIit p~umd 5k ~ of, fJ.-enm.yfvania. 23. ~. &vuj a. &vttnany ~, tfre 6-aid; comphdntani ~ wfi4, and fwre4 COJt6~, legal co.m:fmion and eMf, filing adUm ~mUJJfe 5k SWI.em, .Mmud :Jleaftli &nwt; WjP~ 6.uDmiued ~, a tfvwugIi fl. (4) W~, 9>lainti/t; &1UJ a. &vutuuuj, clainu i'wm tfre fi)~~ JJm 11. ~, f4I1e .At. :Jlwt and [fauia 9>-. &wteal eacft a 6U1n oj (9.ne .M.iffi.cm and (){) fi),,(Jff.wu (1,000,000.00), at .mdi tinre p~ 6fudl 6e lJIUUlled. (5) VERIFICATION I, Cory A. Connany, Plaintiff in the above captioned action, herebyvernyand state that the facts set forth in the Complaint against Mr. John D. Adams, Mr. Lyle M. Herr and Ms. Paula P. Correal are true and correct to the best of my infonnation, knowledge and belief. I understand that false statements herein are made snbject to the penalties of Pa. C.S.A. Section 4904, relating to un!>worn verification to authorities. Dated q - l~ - 0:::::: ~O~ ~OC~ 0-- Cory A. Connany Witness~ ~~('., '7() ~ ... , i fIr I / By ..)-tA'im; f!I f)4"1~ Notary ~of SH'Rt~ /;f[[~ryl~19F~~_, Callisi.i;n. "i.my~ u..".___, ';'" ...if'() ly Q'l VVlJlflfii;.3;i:"" ',-'-'- v un .-" May 14, 2006 EX:Jl:L9J :Lfl A (6) ; 1__.- No. 114 'VOl, 119 COMMOJ'"WEALl1I OF PBNNSYL V AN1A MARRIAGE LICENSE APPLICATION OU.....U;;AT& "aTU"".o 1 ?_c;_RR Cumberland 1. P!.AC& 01'" ,....'UUAQ. I(:ITY, .ullo.TOWftSMIP) Carlisle,penna. ...II:I...".O.....A".I.G. MO"T". DAY, "'.JUt C.O,...'C......T. ..... M...Me 1 ,. COUNTY __UING ..Ie.,... lCOUNTYI Cumbo ..TlTU District Justice Dec. 1, 1988 c.oeNOMINATIOH .TATI:MeNTO" MAl-a STATeMtaTOr ,.CMAL..Il:. ... ~"AM. AGe 17. ,,,...... "III". l' e. MAIUNG AOO..... 141 W. Pomfret St. r......DttNC.. 2.. MJULlNe 11000"__ ....1'41'5 C:.1"AX:ATION II) <:I1'Y0" Cumb. n. "..I1:)&"C.. A. STATe .. COUNTY .. COUNTY Pena Penna. cumb C. t..C)CATION tll CITY 0"- (1.1.0"00$'" OF' Car~l Ie tll .OROUGH CU" JA." .ttJOl 0"_'01l .........'...OES 'I' TO_SMI" 0" SD. OCCUPATION o 011'1'11'0" "A'UlIAoe. n . as cAusels)," OIVO"CCO A. St. "Ace tal TOWH_II" 0.. ..000CU.....TlON Store Mana er :12.. DATe or ..,aT" White I" DATE.OP aUItTH I.. _IV.N AIlID ~III:"AM. 0" "AT"'_" :14. \~IV.N 110"""0 .\.I"N.~.~ 01" .....Ttt..1t l"I ihtner t I. GlV..H AND ~1II:AllAa Ill" MOTH"" S7, C.I"""""AND .ulll.....i~i "NOTH." Doreen M. Li htner ... ::~:~~ "AM" 0.. MoTM." . n. ~:~o:~ ~""M. Ofl' MDTH*" I ?,."UIDIENCII" OF "AT~~1t .V~ n. -. ->-- u. JII:..;O&~IE O~~ATHIl~; 206 W.Pennsv h. 7 t. a'" 1 isle Penna '1. JII:.1II0.Nea OF MOTM." "0. :~~:."C. 0" MOT"." same II. :~eia..o: .....THIEIII u. III:Aca DP P'ATH&III: .~'. all. iliAC. OF MOTNeR "2. IIIAC& 0" MOTH.... ~hit-.CIo .. ' "t. OCCUP...TION 0.. FATH." c:::!....hn^.. .... .S. g~lU::~~" 0" ..ATN.... 22. ~~~~:T;I::llJ"~~... .... oeC:UPAT10N 0" M .. Hous@w1fe - as. .1..TN.1....CIl 0" ...THE" ".I. ~~IIITH.L"CI: 0" .....TM... Chambersbura.penna. a"'li!'::le- n";""'n"'. a.. .'..YH.......C. 0" ....OTHE.. ".:~"~C'fl. 0" ....OT..... r.Brlis1A P",nn;l aI. I.A_~NT ",".L.ICT&OWITM ANV T.....Hti'.U..I....E Ulae:AS1U .7. IS ",_LtC..MT A" ICT&O W11ITH,";.."V TIII:...".....,..I.L. DI.....~ "... DO.....!"fLICANT ....TI"." ALL_OY..,ON~;~I'&NN.V&.VANIA.. .1. OOI:SAIl'PI..ICA"'" 'An..'" ALI..._OVI...oHtlN PCN"SVLVA"'A'. ....""1.... LAW1l... a.LOW) Td NOO M.,,"'AO. LAW", la.a .111..0'111 '''Ii' ..0 1. CAUsat., I"DIYO~IlD I'"OR ITa....1 AND .., O....ICIAL. MUST D"&"..,..'II.I" a"""lt1'll' o' THll APPLICANTS AT TNtI 1'1..... OF AWUCA1'10N, ,. 1II..,......aD. 1,......"&.0.. 0" UMSQUNDMI1'tD. 3. .. UMDa" T.... IN..LU&NCtI Of" IH1'OXICATIHG UQUOII Oil .......... L .. 0" MA. ....... wtTNt" ..,VIE v....". AN IHMAYIE O....N IN.eTl- GOne DtlUfI. TUTION POll: ,..1I1IOf'I:. WHO ..... W.....toIIHDED. '___Nil. O. .. Hila .II:&M DIVOlIcaD .1' "I. 0" HIl" ..ORNE" _U.. oN ~g~N:A~.~~T~~::::~GI~;'JA~~~~~: ~~.~\ ~~~ ;::::::-w:::.::~tg:;:.:~nT1~ .3~~::. A-Uc.aNT. II'" TN. APPLlCAKTS.) I. .0"1'"& ."O...tT..D DCG"aao" CON......oU_TY ow "'"INITY. "._TU". 0" _'fl."1' 011I G1UA1101AN GIVIN~ cott.&NT, II"lII:tlQUIII.D ._N..TU". 0" """..NT 011 QUAROIA14 GIVING CO....NT...- ...ouu..o .... Ttf,1:. yND.....GH.a. IN ACCOROANC. WITH TM. ST,II,T.M&NTS W."ltlN...TIE.. COHTAI"IlC, TN!!: ..Il-C-TS AS 51::'" IfO"'T~ WHallll:.l'" W' AND ....CH 0""" oo.o......N....T ,,,,SA" A". T"UIl ANO CD"RI:CT TO TN. ..no,. OUttKNotIILlEgOa AHO ..1-1&", 00 /III...... JIlPI'I.ICATIO" TO 1'11& CLIERK 0.. OIII"t'1ANIl' COURT TO MJIlIUIY. .A1I'PUc.l\.frIT .Wl 17t--h ..AL ':n1n1j ('. jL~. n.. PB ~.:. CL__ _..M.."........-...........",.......''''.-..... C. \ ntnl.;;u"ql'li- OAT. I..IC._I; WA....\1&D :I: EX31:19J:1f1 B (7) COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : VS : NO. : 2068 CRIMINAL 1989 : CHARGE: CRIMINAL TRESPASS : AFFIANT: CPT. .JEFFREY RUDOLPH CORY A. CORMANY : OTNt: C324436-0 : ATTORNEY: RICHARD SNELBAKER IN THE CASE OF CORY A. CORMANY UNDER PAROLE FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PAROLE To the Honorable Judges of Cumberland County Courts: On 2/13/90, the subject was sentenced to 2-23 months in the Cumberland County Prison consecutive to any sentences previously imposed. On 4/25/90, the subject signed his Parole Conditions and on 4/26/90, the defendant was paroled. On 12/10/90, the defendant was directed by telephone to refrain from any contact with Tina Cormany, victim in this case, outside of previously agreed to visitation hours on Saturday/Sunday afternoons. On 12/13/90, the defendant received this revised Parole Condition in writing and on 12/14/90 it was reviewed again with him via a telephone conservation. On 12/14/90, moments after discussing these restrictions with his parole officer the subject violated his parole conditions in that: 1) Subject called the victim, Tina Cormany, at her place of employment and threatened to "kill her". Therefore your petitioner prays this Honorable Court to determine whether there has been a parole violation, and if 50, whether the parole heretofore granted should be revoked. ~M#~. Lyle M. Herr, Petitioner EXgf:I9J:Ifl c (8) cory A. cormany 602 W. Penn. Ave Downingtown, Pa. 19335 Mr. Richard Snelbaker 44 W. Main St. Mechanicsburg, Pa. 17055 Dear Mr. Snelbaker: It is difficult for me to remember everything of the phone conversation that occured on 12-14-90. I do recall most of the things said. On 12-14-90 I recieved the stipulation of which you have a copy. I did not fully understand it and I called Lyle Herr to ask him what it meant. I asked him how do I arrange visitation if I can't call or write. He responded and said, "call dur ing the set times." I then told him there is only three hrs on Sat. and three hrs. on Sun. I then ask how do I arrange visitation for three hrs when I live two hrs. away? I also ask him what I should do with a pay- Ifient booklet that I've been takinlj care of for Tina. I said should I send it to you, meaning Lyle Herr. Lyle Herr said no that it was between Tina and myself. I then ask how can it be between Tina and myself when I can't contact her. He said you'll have to give it to her when you see her. I then ask how can I see her if I can't contact her. Lyle Herr responded in that he didn't have all the answers and he was tired of the situation. I was most confused at this point and told Lyle Herr," I do not under- stand this and I am confused". I also told him that this wasn't right. Lyle Herr then started saying something to the effect that Tina wasn't a perfect angel and he never thought she was absoulutley right. He also went on about how there isn't any right solution in a divorce. I responded saying, "Yea I can see that". He then said he was finished with this and that these sort of problems where again between Tina and myself and he was going to go. Thinking it was now ok for me to call Tina about this payment booklet, exspecially scince Lyle Herr said" thats between Tina and you." I called her at work asking Tina what she wanted me to do with this payment booklet. I also had intended to ask her what was going to happen with Alex's birthday. I had only gotten to the payment booklet when she started laughing. Tina then stop laughing as quickly as she had started and said she hated me and wished I was dead. I then said," Oh well fine, why don't I just kill myself and take you with mel" Tina then said thats it I'm going to have them put you in jail. She then hung up the phone. After this I called Lyle Herr back. When he answered the phone he said I was digging a big grave for myself. I asked him what he meant. He said that he was tired of this and that he had to do his job. I then asked him what I did wrong. Lyle said he told me not to call Tina. I responded and said,"you just sat there five minutes ago and told me that the payment booklet was between Tina and myself." He then said that it was all lies and he was going to blow what ever I said away in Court. At this point I became very upset with the thought that I was going to go to jail for trying to straighten out a bill for which I wasn't even responsible. Not to mention that Alex's birthday was only two days away and I had already missed it once. Never the less, Lyle Herr had some how put me on an emotional spot. I tried to explain my feelings and what I felt was occuring, but he just went on about Tina being a victim and everthing I was saying were lies and didn't matter. He then said do him a favor and call my lawyer. At this point Lyle Herr hung up the phone. This is when I contacted your office, Tina and I have had one other phone conversation in which she brought Lyle Herr into the picture. This occured on 12-7-90 and evolved around my wanting to see Alex. When I called on this occasion we talked about a few things one of them being about a girl that I was seeing. I ask her if she had a problem with someone else being around Alex, she said no , but she had a prOblem with some one else exercising any discipline towards Alex. I then told Tina I was coming down to visit, she said no and if I were to come down she would put me in jail. I said I have set visitation rights and I was coming down anyway. She then said I was crazy and hung up the phone. She called back several other times that evening and I decided that if it was going to be that much trouble I wasn't going to go. Tina's mother also called that evening and talked to my father, this is when I found that Tina wanted Lyle Herr to put me in jail. Since my release from prison Tina and I had had a steady relationship until about the last week of October. This is when I offered her an engagement ring. She at that time wanted to wait till xmas. I didn't agree with this and I stopped coming over as often. I have tried various ways to express a friendly or open type of communication. I have sent her flowers on numerous occasions, I have sent her cards, but none of this seems to work. I cannot seem to find a peaceful or even subtle way to deal with Tina when she chooses not to communicate or when she is constantly threatening me with jail. When I was released Tina did in fact pick me up from the prison, we then went to Lyle Herr's office. It was made clear to me by Tina that if I did not break anything she would not use this against me. Regardless, at that time there was amends made and Lyle Herr was aware of it. I have felt for the last few months that whenever I want to visit I am always getting threatened with incarceration even when it is the set visitation times. And with this new stipulation nobody is even allowed to contact Tina. To me this seems somewhat unjust and I definitely think Lyle Herr misled me into the violation that has occurred. I do not of course wish to return to prison and I have recently enrolled in another semester of school. I have a part time employment oppurtunity that is indirectly related to the classes in which I am enrolled. I have been recieving soom stress related treatment that is pointed towards the situations that I am faced with. And I have arranged for counseling that deals with coping with divorce and child rearing. I thought this might be a good idea for it seems that in this day and age there is a lot of this kind of problem. And it never does any harm to learn from others. I will be 100king to see you on the 8th. sincerely, Cory Cormany EX:Jl:I9J :I!l D (9) I \ ... - COMMONWEALTH OF PENNSYLV ANIA VS IN THE CRIMINAL COURTS OF THE COUNTY OF Cumberland (Name of Delendant} Criminal Action No. 2068 of Criminal 19 89 CORY A. CORMANY ORDER AND NOW this 13th day of November 19 91 Upon consideration of the foregoing motion: L 0 The motion is returned to defendant for amendment as follows, such amendment to be made on or before ,19_ 2. 0 A rule is grantcd upon the Commonwealth of Pennsylvania to show cause why a hearing should not be granted, The rule is returnable on or before 19 3. KJ The request to proceed as a poor person, without the payment of costs, is fi] granted 0 denied. 4. kl Upon finding tha~ defendant is unable to obtain a lawyer ed to re resent hlm. Esq.. is appoint. 5. kJ The Clerk of this Court is ordered and directed to do the following forthwith: <a> To serve a copy of this motion and this order upon the District Attorney of Cnmhprl Rnn County, (b) To send a copy of this motion and this ord..r to Christopher HoustCl!:\;q.. the lawyer for the defendant. (c) To send a copy of this order to the defendant. 6, Gd A hearing on the above matter is set for Monday, January 13, 1992, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, FA. ORIGINAL ~ r..1 W~ 4~~~ J, 7 E:X:Jl:J9J :Jf1 E (111) IN RE: . : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : ADOPTION OF : ALEXANDRIA CHRISTINE CORMANY : NO. 64 ADOPTIONS 1993 IN RE: REOUEST FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS BEFORE OLER. J. AND NOW, this DECREE NISI \" 1f, day of August, 1994, upon careful consideration of the request for involuntary termination of parental rights and Cory Cormany's response to the request, and following a hearing thereon: The Court, being satisfied as to the truth of the facts set forth in the request, and that the request should be granted, so finds, and further finds that Cory Cormany has forfeited his parental rights to Alexandria Christine Cormany, and it is adjudicated, adjudged, and decreed that all parental rights of Cory Cormany with respect to Alexandria Christine Cormany are terminated forever. This Decree shall become a Final Decree unless a post-trial motion is filed within ten days pursuant to Pennsylvania Rule of Civil Procedure 227.1. If no such post-trial motion is filed, Petitioner's counsel is directed to contact the Court for the establishment of a time for the adoption proceeding. BY THE COURT, J EX:Jl:J9J :J:Z F (11) @ COMMONWEALTH OF PENNSYLVANIA VS CORY A. CORMANY IN THE CRIMINAL COURTS OF THE COUNTY OF {Name of Ddcnd.ml} Criminal Action No. 1222 of 1994 19_ 0376 1995 OIWER AND NOW this 14th day of FEBRUARY 19 96 Upon consideration of the foregoing motion: l. 0 The motion is returned to defendant for amendment as follows, such amendment to be made on or before ,19_ . I ,. 0 A '" I. " ~'".., "'"" ." Co m mo.,..", "<p ,..., e,.', .. _ ,., .. "ow'. ' ,.."., _'0'" . 0< " "~: .". n, I rule is returnable on or hefore 3, The request to proceed as a poor person, without the payment of costs, is Ii(] granted 0 denied. , - -- 4. Upon finding that defendant is unable to obtain a lawyer M T(~H A F: r. SrHF: RF. R ed to represent him. Esq., is apPoi~ S. The Clerk of this Court is ordered and direeted to do the fOllowing forthwith: <a) To serve a COPy of this motion and this order Upon the District Altorney of CUME!i:RLJI.ND County. (h) To send. a copy of this motion and this order to MICHAEL SCHERER Esq., the lawyer for the defendaot. (c) To send a copy of this order to the defendant. fKJ - ~~ . i? The. Defendan~l~::!:::$<9i.J_~rvl1fll o~an< to file an amended petit:,iOh ~ aver any addltlona1,9,r;olln,?.;;. f.or,r,elil')f ,at5er consultation with cQIlnse1.. There- aft,:,r, the P~if,{;::~~~".AVo~n",y, :i;,i-{. given 2? days mmre to fil~::::<m answer. If lSsues of f'ac't are ralsed, the Dis trlct Attorney sha'llc:,reques t a hearing; ~f 'n'21:...< >ne, ..-i.."..()).j:'ected' ,to forthwith lis t the1:a~ for argumen t . . d- ,.0 ( ,-- .~/~ \.. (Lv/( {~() ilNAl J, EX:Jl:19J :1fl G ( 12) _.._-~--_._..---~._.__..- SEP 1 '11998 ,~ ,- COMMONWEALTH OF PENNSYLV ANI A VS Coy ~ CorMaM Y {Name of Defendant) IN THE CRIMINAL COURTS OF THE COUNTY OF Criminal Action No. Cu.~l ()J1o. '11- /5/)4(.(2.. of 19_ OROER AND NOW this 1. 0 The motion is returned to defendant for amendment as follows, such amendment to be made on or before day of 19 Upon consideration of the foregoing motion: ,19_ 2. 0 A rule is granted upon the Commonwealth of Pennsylvania to show cause why a hearing should not be granted. The rule is returnable on OT before 19__ 4. 0 Uson finding that defendant is unable to obtain a law e e to re resent him. y r Esq.. is appoint~ 3. 0 The request to proceed as a poor person" without the payment of costs. is 0 granted o denied. 5. 0 The aerk of this Court is ordered and directed to do the following forthwith: (a) To serve a copy of this motion and this order upon the District Attorney of (b) To send a copy of tbis motion and this order to Counly. Esq., the lawyer for the defendant. (c) To send a copy of this order to the defendant. 6.0 J. naU'::;'Ilt.'A' 7 EX:Jl:J9J :Jf1 H (13) IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CORY A. CORMANY, CIVIL ACTION NO.1 :CV-02-0046 Plaintiff Uudge Rambo) v. (Magistrate Judge Blewitt) FILED SCRANTON FEB 2 0 2002 STEPHEN L. MARGESON, et aI., Defendants DEP The Plaintiff, presently incarcerated at the Cumberland County Prison, filed thl REPORT AND RECOMMENDATION PER ClERK 42 U.S.c. S 1983 action on January 10, 2002. (Doc. 1), The Prison Litigation Reform Act of 1995,' (the "Act"), obligates the Court to engage in a screening process when a prisoner wishes to proceed in forma pauperis pursuant to 28 U.S.c. 9 1915.2 Specifically, 9 1915(e)(2), which was created by 9 805(a)(5) of the Act, provides: (2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that (A) the allegation of poverty is untrue; or (B) the action or appeal (I) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. We have reviewed the allegations of the complaint and have determined that the complaint is 1. Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996). 2. The Plaintiff completed an application to proceed in forma pauperis and authorization to have funds deducted from his prison account. The court then issued an administrative order directing the warden to commence the withdrawal of the full iiling fee due the court from the Plaintiff's prison trust fund account. subject to dismissal pursuant to 28 U.s.c. ~ 1915(e)(2)(B)(ii). In an action brought pursuant to 42 U.s,c. ~ 1983, the Plaintiff must prove the following two essential elements in order to state a claim: (1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct complained of deprived the Plaintiff of rights, privileges or immunities secured by the law or the Constitution of the United States. Parratt v. Taylor, 451 U.S. 527 (1981). While the Plaintiff does make references to the Constitution, his complaint is entitled a "Grievance Complaint," and each count has the heading of gross negligence. Further, the allegations include slander, defamation, and malicious prosecution. The appropriate forum for such a complaint would be state court, Based on the foregoing, it is respectfully recommended that the complaint be dismissed for failure to state a claim upon which relief can be granted pursuant to 28 U.S.c. ~ 1915(e)(2)(B)(ii). ~~ c THOMAS M. BLEWITT United States Magistrate Judge Dated:February~2002 2 EX3l:L9J :La I (14) COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CORY CORMANY NO. 2001-2536 CRIMINAL ORDER OF COURT AND NOW, this 16TH day of JANUARY, 2003, upon consideration of Defendant's petition under the Post Conviction Relief Act, Darrell Dethlefs, Esquire, is appointed to represent Defendant with respect to the petition. A hearing on Defendant's petition is scheduled for WEDNESDAY. - FEBRUARY 26. 2003. at 8:30 a.m. in Courtroom # 5, Cumberland County Courthouse, Carlisle, Pennsylvania. C:~,~~~ Edward E. Guido, J. Office of the District Attorney Darrell Dethlefs, Esquire Court-Appointed Attorney For Defendant Ary Connany 1101 Claremont Road Cumberland County Prison Carlisle, Pa. 17013 A TRUE COPY FROM RECORD In Testimony whereof, I here ur.to set my hand and the seal oi said Court at Carlisle, PA, ",/~ , This~day , 20...Q.3. CI 'k ofthe Court Cumberland County Court Administrator :sld EX~:J9J :Jfl J (15) PLAINTIFF CORY A. CORMANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT THOMAS KLINE, ADMINISTRATION STAFF OF CUMBERLAND SHERIFF JEFFREY WILLIAM EDMUND THE COUNTY ATTORNEY CASE NO. 6'3-(,1X2. o c, 0 c: <-..~) -Ti ~. Z _n_; -oI-;:::: ;::') -, mfn ",-..:;: ;':::::u 0~~ r:;'--1 <.....~ P'.-, Zc >-c z =2 :i'1~ i"'..) =-;,;:,>q .:..2l: -u ;l~ ~H - 6f.~ "" ':f) 55 \0 -< V. THE : AND THE : COUNTY OFFICE, : FRANKS, DIEHL AND : ZIGMUND OF CUMBERLAND : DISTRICT GRIEVANCE ACTION JURY TRIAL/JUDGMENT NOTICE You have beeh sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House I South Hanover Street Carlisle, PA. 17013 PLAINTIFF COR Y A. CORMANY (.~, t-J o :. IN THE COURT OF c.O-MM6.N.' PLEAS CUMBERLAND~umy, PENNSYL VANIA "'" ..' , , V. ',\ DEFENDANT HAROLD SHEELY, THE ADMINISTRATION AND STAFF OF THE CUMBERLAND COUNTY BAR ASSOCIATION, LYLE HERR, SAMUEL COOVER AND DIRK BERRY OF THE CUMBERLAND COUNTY COURT HOUSE k ',).. ~ CASE NO. (Fr&/:J3 r:~ --:1 ,0 .' J), GRIEVANCE ACTION JUR Y TRIAUJUDGMENT NOTICE You have been sued in Court, If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 EX:Jt:l9J :lfl K (16) IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL V ANlA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. 1.:_6':03-2294 JOHN D. ADAMS "A"!:~'aeO lICit. DEe I . 100 ~' ~C - You have been sued in Court. If you wish to defend against the claim set forth in the following pages. you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personallY or by attorney and by filing in writing with the Court your defense or objection to the claims set forth asainst you, You are wamed that if you fail to do so the case may proceed without you and 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 Plaintiff, You may lose money or pI o~rty or other rights imponant to you CIVIL ACTION - LAW JUDGMENT DEMANDED NOTICE YOU SHOULD TAKE nus PAPER TO YOUR LAWYER AT ONCE, IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP. Court Admini$tratCr U.S. District Court 228 Walnut Street Harrisburg. P A 17101 EXJl:J9J:Jf1 L (17) ~ TINA D. ADAMS JUDGMENT DE~P /' <;) -, NOTICE You have been sued in Co.urt. If yo.U wish to defend against the claim set forth in the fallawing pages, yo.U must take action within twenty. (20) days after the Camplaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or o.bj~.. to. the claims set farth against yo.u. Y o.U are warned that if yo.U fail to. do. so the case may proceed withaut yau and judgment may be entered against yo.U by the Court witho.ut further notice fo.r any mo.ney claimed in the Co.mplaint o.r fo.r any other claim or relief requested by Plaintiff. Y o.U may lase maney or praperty or other rights important to. yau. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ' Court Administrato.n Cumberland County Co.urt Ho.use I South Hanover Street Carlisle, PA 17013 _ . .~_ .;.-w - _ ..,.,. 1 j-\",>-(~'::' '.;'_0 ,~~ . ....., ll, ~ ',. ,-- . _" ,_c -.rfi'. f'L .' .-- .. .. ~a>ty " . ~ EX:Jl:L9J :La M (18) IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA THE COMMONWEALTH OF PENNSYLVANIA COR Y A. COR.\1ANY CASE NO. V. CIVIL ACTION - LAW JEFFREY W. RlJDOLF JUDGMENT DEMANDED ~~cv 04- 454 You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET GAL HELP, Court Administrator U,S. District Court 228 Walnut Street Harrisburg, P A 17101 EX:Jl:J9J:J5 N (1 g) IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERl,AND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO, U 'i ~ q A"') G;v:} -- ,~,. ,.. V. CIVIL ACTION - LAW LYLE M. HERR JUDGMENT DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and 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 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 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP, Court Administration Cumberland Coooty Court House 1 South Hanover Street Carlisle, PA 17013 (') r- :f: -Ct.:r; mf' ;;;j C'p ~.~ :.r-.... ~E3 is> o '1 ..., :1:,., m....: '1)17l -"9 06 ~ ~~~ os .'fi < ~ .,., = .-,- :r ~ ::0 , ~ ~ ::"1 -< f"....u ~-0 c:: -< EX:Jl:J9J :Jfl o (28) IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CORY A. CORMANY, CIVIL ACTION NO.l:CV-04-0511 Plaintiff (Judge Conner) v. STEPHEN L. MARGESON, gt ill., Defendants ORDER THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: Plaintiff, Cory A. Cormany ("Cormany"), filed the initial complaint in the instant matter on March 9, 2004. (Doc. I). By memorandum and order dated March 19,2004, the court dismissed the complaint pursuant to 28 U.S.C. S 1915(e)(2)(B)(ii) for failure to state a claim upon which relief could be granted. (Doc. 4). On the same date, Cormany re-filed the complaint. (Doc. 5) The court construes the re- filing of the complaint as a motion for reconsideration of the court's order dismissing the original complaint. AND NOW, this 14th day of April, 2004, for the reasons explained in the court's March 19, 2004 order (Doc. 4) dismissing the original complaint, it is hereby ORDERED that plaintiffs motion for reconsideration (Doc. 5) is DENIED. Sf Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge Case No: 1 :04-cv-00511-CCC Documeht No: 6, User: ki, 1 Copy Printed: Apr, 14, 2004 04:30 PM Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 EX:Jl:l9J :lg p (21) Mag_ OiSl. NG: 09-2-01 NOTICE OF TRIAL SUMMARY CASE COMMONWEALTH OF PENNSVl VANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUllBBRLAND OJ Name: lion. PAULA P. CORREAL ......., 1 COURTHOUSB SQUARE CARLISLE, PA T.,..I>o"" (717) 240-6564 17013-0000 VS. DEFENDANT; NAM~ andAOORESS 1co1UlANY, CORY A 1883 DOUGLAS DIUVB CARLISLE, PA 17013 L l CORY A. CORMANY 1883 DOUGLAS DRIVE CARLJ:SLB, PA 17013 Docket No,: N'l'-0000843-04 Date Filed: 6/22/04 -.J - , This court has received your plea ot NOT GUILTY to the above summary violation(s), The sum ot $ ----I , , , , -.I .Oll has been accepted as collateral for your appearance at trial. Your trial has been scheduled as follows: Date: Place: Time: 11:00 AM 1 COURTHOUSE SQUARE CARLISLB, PA 17013-0000 II Ii ,; , You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your responsibility to notify your attorney and/or witnesses of this trial date and time. Should you fail to appear for your trial. a warrant may be issued for your arrest. Failure to appear for your trial shall constitute consent to trial in your absence and if you are found guilty, the collaltlfSI deposited shall be forfeited and applied toward the fine and costs. You shall have the right 10 appeal within thirty days for a trial de novo. "you have any questions. please call the above ollice immediately, 6/25/04 Date a.~ ~~-e . f~g~ My commission expires first Monday of January, 2006, t'J,y..,. ':. r ,) . If you are disabled and require a reasonable accommodation to gain acceis t." . .. I DiStrict Court and its services, please contact the Magisterial District Court at the above~j-!ll$s 8plJonlfnumber. We are unable to provide transportation. .""... -?~=~."._~lol'<;. I -_ ..'C~ Ji~. --: _- .....--~~.;.\)\._~ CITATION NUMBER: P4015828-5~- DATB CITATION SIGNBD: 6/22/04 OATH PRIN'l'BD: 6/25/04 1:39:43 PM AOPC 611.04 eE9lS!lg!leaS!l{2.!f{2gSE9lV!leE a.N.!l1 .N12W~ ~ 9'.mentv- Si.a:tIi dm; 4 ~~ in tIie vea"- 4 tIie J!Md 9'.me 9'-'Uuuand ami 9-iu.e/ !l~ &It{f a. &vtnuutrI ~ tIie ~ malWt Ibwwfedgeofile a &gal p.ltdeat~ ami tIie ~ 4 !?~~ ~ ~ tIUd !l Iiau.e .watked a alpff 4 MUne Iiv tIie 'llnited S.tale4 ~ ami tIie eumkJand f!.o.tuttv S.IwtiIt~", 2)-epD/dmettt at ami t/kJte to- eaJide !?~~ ~ {U tIie~: ..JVt. JoIbt 21. adant6, 145 ~ .'/load .N.-ewo.ilte~ !?1l17241 ./K1i. l!IJ1e ..M. :JleM 1 &uvd ~ S.qmvre ~1e, :I.ll17013 ~. [Paula fl. 0wteaf 1 &uvd ~-e Squwte ~1e, :I.ll17 013 ..JVt. !?Abtidi RalWt 8 Smd/i ~ St. eaJide~ !?1l17013 t}j1~ &It{f a. &vtnuutrI 1883 2).ougimJ 2)4. ~1e~ !?1l17013 <@; " , --, , . LJ LL G 4- C'.'" \....1 ..::!J tE 3 0-0- ~.aV11t. \f) \f) . a:: \:S \Q &1 (j o-~ ~ SHERIFF'S RETURN - REGULAR . CASE NO: 2005-02761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORMANY CORY A VS ADAMS JOHN D ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADAMS JOHN D the DEFENDANT , at 1605:00 HOURS, on the 2nd day of June , 2005 at 145 KERRS ROAD CARLISLE, PA 17013 by handing to JOHN ADAMS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 5.92 .37 10.00 .00 34.29 ,r'J?6;. -,.,<~ R. Thomas Kline Sworn and Subscribed to before By: I~ 06/06/2005 CORY CORMANY me this ,,," /</ - day of Deputy Sheriff ~ ",(JtJ{ A.D. (~~ Q ~p~, ~ rothonotary " SHERIFF'S RETURN - REGULAR . CASE NO: 2005-02761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORMANY CORY A VS ADAMS JOHN D ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HERR LYLE M the DEFENDANT , at 1100:00 HOURS, on the 3rd day of June 2005 at CUMBERLAND COUNTY COURTHOUSE ADULT PROBATION CARLISLE, PA 17013 by handing to LYLE M. HERR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 //p/ /~ .~~~<<:-f"~ R. Thomas Kline 06/06/2005 CORY CORMANY Sworn and Subscribed to before By ~ 71fZ- cr- Duty Sheri "'" me this /4 - day of (~ drJrJl A.D. C ~u 0 ~..th:c thonotary , '77 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORMANY CORY A VS ADAMS JOHN D ET AL CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CORREAL PAULA P the DEFENDANT , at 1102:00 HOURS, on the 3rd day of June , 2005 at CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQ CARLISLE, PA 17013 by handing to NANCY BEAR, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: i~1:c::.""1:-t~ 'l~~-4t .N R. Thomas Kline 06/06/2005 CORY CORMANY Sworn and Subscribed to before By: J-~P De uty SheYff me this /'I e... day of ~ ,;2001 A.D. ~,,~{2~~ r honotary MARY E. BUTLER, ESQUIRE Attorney LD. No. 34922 Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 CORY A. CORMANY, COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, P A Plaintiff vs. CASE NO. 05-2761 JOHN D. ADAMS, ET AL., Defendants PRAECIPE TO THE PROTHONOTARY Kindly file the attached Entry of Appearance on behalf of Defendant, the Honorable Paula P. Correal, Magisterial District Judge, of record in the above-captioned matter. M~RE MARY E. BUTLER, ESQUIRE Attorney LD. No. 34922 Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 CORY A. CORMANY, COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, P A Plaintiff vs. CASE NO. 05-2761 JOHN D. ADAMS, ET AL., Defendants ENTRY OF APPEARANCE TO THE CLERK OF THE SAID COURT: Kindly enter my Appearance on behalf of the Honorable Paula P. Correal, Magisterial District Judge, of Magisterial District Court 09-2-01, Cumberland County, Pennsylvania, in the above captioned case. ~ Attorney I.D. No. 34922 Administrative Office ofPA Courts 1515 Market Street, Suite 1414 Philadelphia, P A 19102 legaldepartmentia!pacourts. us (215) 560-6300, Fax: (215) 560-5486 ~------------ 9 r-> C? c.::::> eJ' <-- c:: :.:>:.- N 0) --0 ~ -- ~ -~ c::o w o -" .-1 ::L-n P'r==: -oj;.!; ~,U..." (')(~) ::-:':-1", L-n (~(-) ::"'n (.")1 --I -:;> ~ MARY E. BUTLER, ESQUIRE Attorney LD. No. 34922 Administrative Office ofPA Courts 1515 Market Street, Suite 1414 Philadelphia, P A 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 CORY A. CORMANY, COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PA Plaintiff vs. CASE NO. 05-2761 JOHN D. ADAMS, ET AL., Defendants CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on June 22, 2005, she personally caused to be served upon the following a true and correct copy of the foregoing Entry of Appearance, by mailing same first class, postage pre-paid, U.S. mail to: Cory A. Cormany 1883 Douglas Drive Carlisle, P A 17013 Pro Se Plaintiff M~RE Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, P A 19102 (215) 560-6300 Attorney for Defendant Magisterial District Judge Paula P. Correal 0 r--.> ~ ("::::;) c (::;:> <.n " <- ..... I" c: rn-::;:. ....,- "Or:;:; N :t.JD W "-" 1- ~:;j ~:1~ "" ;..'..--n ~,,) _.~ ~ ":70 ~~~ cSn1 .-1 J> ~ c::o ::0 -< w -< MARY E. BUTLER, ESQUIRE Attorney LD. No. 34922 Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 CORY A. CORMANY, COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PA Plaintiff vs. CASE NO. 05-2761 JOHN D. ADAMS, ET AL., Defendants NOTICE TO PLEAD TO: Cory A. Cormany 1883 Douglas Drive Carlisle, P A 17013 You are hereby notified to plead to the enclosed Preliminary Objections within 20 days from service hereof, or a default judgment may be entered against you. MAR . BUTLER, ESQUIRE P A At orney I.D. No. 34922 Administrative Office ofPA Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 (215) 560-6300 Attorney for Defendant Magisterial District Judge Paula P. Correal MARY E. BUTLER, ESQUIRE Attorney I.D. No. 34922 Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, P A 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 CORY A. CORMANY, COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PA Plaintiff vs. CASE NO. 05-2761 JOHN D. ADAMS, ET AL., Defendants PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT ON BEHALF OF DEFENDANT. MAGISTERIAL DISTRICT JUDGE PAULA P. CORREAL DEFENDANT, Honorable Paula P. Correal, Magisterial District Judge ("District Judge") for Magisterial District Court 09-2-01, by her undersigned counsel makes the following preliminary objections to Plaintiffs Complaint pursuant to Pennsylvania Rule of Civil Procedure Nos. 1028(a)(1) and (4): 1. Plaintiff, Cory A. Cormany, filed this pro se civil action seeking monetary damages against District Judge Paula P. Correal for acts allegedly taken in her judicial capacity. 2. Defendant, District Judge Paula P. Correal, objects to Plaintiffs Complaint and the claims against her pursuant to Pennsylvania Rule of Civil Procedure No. 1028(a)(1) and (4) on the following grounds: LACK OF JURISDICTION OVER THE SUBJECT MATTER OF THE COMPLAINT 3. The averments of~~ 1 through 2 above are alleged and incorporated herein by reference as fully as though set forth at length. 4. The doctrines of judicial and official immunity are absolute jurisdictional bars to Plaintiffs claim for damages against District Judge Correal. WHEREFORE, Defendant, District Judge Paula P. Correal, requests that Plaintiffs claims against her be dismissed with prejudice pursuant to Pennsylvania Rule of Civil Procedure No. 1028(a)(1). Respectfully submitted, ~ Attorney I.D. No. 34922 Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 (215) 560-6300 Attorney for Defendant Magisterial District Judge Paula P. Correal 2 C) C~ '" ~ = <.n '- c:: ..,. .~ ~ ..... II! rnr- -orn .C':Jc> OT ._.,C) ;?J#~ arTl 'i"J ::0 .-< N W ~ a .j;"" MARY E. BUTLER, ESQUIRE Attorney I.D. No. 34922 Administrative Office ofPA Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 CORY A. CORMANY, COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PA Plaintiff VS. CASE NO. 05-2761 JOHN D. ADAMS, ET AL., Defendants PRAECIPE TO WAIVE ORAL ARGUMENT TO THE CLERK OF THE SAID COURT: Defendant, District Judge Paula P. Correal by her attorney, Mary E. Butler, Esquire in order to conserve precious judicial resources, save taxpayer money, and preserve the straightforwardness of the judiciary's defenses, waives oral argument on the Preliminary Objections filed on her behalf, and relies on the arguments set forth in the Supporting Memorandum of Law. ~SQUIRE PA Attorney LD. No. 34922 Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 (215) 560-6300 Attorney for Defendant Magisterial District Judge Paula P. Correal j~:, >~~ ~ r-> {':'.? = ~:.J" L:::: ~i: N w -0 - ..- ~ --I :Ct", ::D rr-- ,rn 1J<]J (~:~ ~:?, -- -~" - 1.5(~.:s '':rTi ~~ "1;:;" ~ o .::- WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: William J.Devlin, Jr., Esquire Attorney ID#: 42717 Suite 200 100 West Elm Street Conshohocken, P A 19428 (610)-397-4600 CORY A. CORMANY Attorn(:y for Defendants Lyle H~rr COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. JOHN D. ADAMS, LYLE M. HERR And PAULA P. CORREAL CNIL ACTION - LAW No. 05.2761 ENTRY OF APPEARANCE~ TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Lyle M. Herr . WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: ~ c....C - ~ Willi J. evlin, Jr., Esquire Attorney or Defendants ID# 42717 DATED: U -0--0 S- WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: William J. Devlin, Jr., Esquire Attorney ID#: 42717 Suite 200 100 West Elm Street Conshohocken, PA 19428 (610)-397-4600 CORY A. CORMANY Attorney fOJr Defendants Lyle Herr COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. JOHN D. ADAMS, LYLE M. HERR AndPAULA P. CORREAL CNIL ACTION - LAW No. 05-2761 CERTIFICATE OF SERVICIH; I, William J. Devlin, Jr., Esquire, do hereby certify that a. true and correct copy of defendant, Lyle M. Herr's, Entry of Appearance was sent to all eounsel by United States Mail, postage pre-paid on July 19, 2005. WILLIAM J. DEVLIN, JR. & ASSOCIATES , BY: DATED: ?-- /1 J !c) \.- I f Willi J Devlin, Jr., Esqu' e Attorney for Defendant Lyle M. Herr ID# 42717 C) C <-' ~3 c.r' '- l~:.: l-.~ N ('J " s' :3 --c ~.:./ ~. ~ ..... ::t::-n r\1F ~3~ '~~~ S,\ (:72 ~7~ ~d '"\"",. ~Q. '-1? - N - PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritteu aud submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Cory A. Cormany (Plaintiff) vs. John D. Adams, Lyle M. Herr and Paula P. Correal (Defendants) No. 2761 Civil 2005 1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) 2. Identify counsel who will argue case: (a) for plaintiff: Plaintiff is Pro Se: Cory A. Cormany Address: 1883 Douglas Drive, Carlisle, PA (b) for defendant: William J. Devlin, Jr., Esquire Address: William J. Devlin, Jr., & Associates, Suite 200,100 W. Elm St. Conshohocken, P A 19428 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: - /'.1_' if Dated: ~ . evlin, Jr., Esqui; r Defendant Lyle M. Herr C) C ....., ,~ t:.~ en [',) r" o -n .--< ?,~1:T) 'r ,.,......j-\^, -'''0 -< : ..'. {-'" ':!;,\.', " &> N r-:- - CORY A. CORMANY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. JOHN D. ADAMS, LYLE M. HERR AndPAULA P.CORREAL CIVIL ACTION - LAW No. 05-2761 ORDER AND NOW this day of 2005, upon consideration of the Preliminary Objections of Lyle Herr to Plaintiff's Complaint and any response thereto it is hereby ORDERED that Lyle Herr's Preliminary Objections are GRANTED and Plaintiff's Complaint is dismissed. BY THE COURT: J. WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: William J. Devlin, Jr., Esquire Attorney ID#: 42717 Suite 200 100 West Elm Street Conshohocken, PA 19428 (610)-397-4600 CORY A. CORMANY Attorney for Defendants Lyle Herr COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. LYLE M. HERR CNIL ACTION - LAW No. 05-2761 PRELIMINARY OBJECTIONS OF DEFENDANT, LYLE HERR. TO PLAINTIFF'S COMPLAINT Defendant, Lyle Herr, by and through his attorney, William J. Devlin, Jr., hereby files Preliminary Objections to Plaintiffs Complaint and in support thereof aver as follows: 1. Plaintiff Cory Cormany has filed a complaint against Lyle Herr, defendant. 2. Plaintiffs Complaint fails to state any causes of action against Defendant, Lyle Herr, in a concise and summary form as required by the Pennsylvania Rules of Civil Procedure. See PA.R.Civ.P. 1019 (a). 3. Plaintiffs Complaint contains paragraph after paragraph of nonsensical sentences some of which contain English words and some which contain words that appear to be wholly made up by Plaintiff. 4. Plaintiff alleges in paragraph 6 that: On or about December 14th of the year 1990, Mr. Lyle M. Herr contradicted a tort pursuant Mr. Cory A. Cormany. Plaintiff alleges in paragraph 7 that: On or about January 8th of the year 1991, MR. Cory A. Cormany paraphrased a tort pursuant Mr. Lyle M. Herr. 5. There are no plain and concise statements of what Lyle Herr did that would warrant a cause of action being asserted against them. 6. A demur will only be sustained where a Complaint or Pleading shows with certainty that upon the facts averred, the law will not permit the Plaintiff to recover. International Union of Ooerating Engineers v. Linesville Construction Co., 457 Pa. 220, 322 A.2d 353 (1974). 7. The court should grant Lyle Herr's demur to Plaintiffs Complaint based on Plaintiff s failure to plead in plain, clear and concise language a cause of action. 8. The court has previously dismissed a similar suit against defendant by Plaintiff. Plaintiff s claims in this suit are barred by the courts prior order of May 19th 2004 in civil Action Number 03-6123. See attachment as exhibit A. WHEREFORE, Defendant, Lyle Herr respectfully requests this Court to grant his Preliminary Objections and to dismiss Plaintiffs Complaint in addition to such other relief as the Court deems appropriate. Respectfully Submitted, By:~rt . William J. Ie Ill, Jr., EsqUIre Attorney for efendant, Lyle Herr CORY A. CORMANY, Plaintiff v. IN THE COURT OF C0Ml\10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HAROLD SHEELY; THE ADMINISTRATION: AND STAFF OF THE CUMBERLAND COUNTY BAR ASSOCIATION; LYLE HERR; SAMUEL COOVER AND DIRK BERRY OF THE CUMBERLAND COUNTY COURTHOUSE, Defendants I ~i7[[lIR['~ I In, MAY .. re"1 .' Ii I .., L'~;"4- .:: , J:! -" ~ , I~; ICfC5 -[5' '. G LI UCSr..!V .----- , ------ - -----.- NO. 03-6123 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS HERR, COOVJ83R AND BERRY TO PLAINTIFF'S COIYlPLAINT BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 19th day of May, 2004, upon consideration of the preliminary objections to Plaintiffs complaint filed on behalf of Defendants Herr, Coover and Berry, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. The preliminary objections filed on January 20, 2004, are stricken as duplicative of those filed on January 15,2004; and 2. The preliminary objections filed on January 15, 2004, are sustained to the extent that they seek dismissal of Plaintiffs complaint, ~md Plaintiffs complaint is dismissed as to Defendants Herr, Coover and Berry. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro Se Stephen E. Geduldig, Esq. Shawn E. Smith, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 Attorneys for Defendant Administration and Staff ofthe Cumberland County Bar Association William J. Devlin, Jr., Esq. ~vlin & Devine uite 200 100 West Elm Street Conshohocken, PA 19428 Attorney for Defendants Herr, Coover and Berry ikiJ: . 7 ( 1 Wesley . CORY A. CORMANY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COmITY, PENNSYL VANIA CIVIL ACTION - LAW HAROLD SHEELY; THE ADMINISTRATION: AND STAFF OF THE CUMBERLAND COUNTY BAR ASSOCIATION; LYLE HERR; SAMUEL COOVER AND DIRK BERRY OF THE CUMBERLAND COUNTY COURTHOUSE, Defendants NO. 03-6123 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS HERR, COOVER AND BERRY TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. OPINION and ORDER OF COURT OLER, J., May 19,2004. F or disposition in this civil case in which a pro se Plaintiff has sued various parties, preliminary objections to Plaintiffs complaint have been filed on behalf of Defendants Lyle Herr, Samuel Coover and Dirk Berry.l The preliminary objections being pursued by Defendant are in the nature of a demurrer2 and a motion to strike for failure to plead facts in a concise and summary form in conformity with Pennsylvania Rule of Civil Procedure 1019(a),3 inter alia.4 I Preliminary Objections of Defendants, Lyle Herr, Samuel Coover and Dirk Berry, to Plaintiff's complaint, filed January 15, 2004 (hereinafter preliminary objections of Defendants Herr, Coover and Berry). 2 Preliminary objections of Defendants Herr, Coover and Berry, para. 14. 3 Preliminary objections of Defendants Herr, Coover and Berry, para. 2. 4 Preliminary objections of Defendants Herr, Coover and Berry, para. 15. In the preliminary objections, the moving parties note that their names appear rarely in the complaint,S and contend further tl:1at Plaintiffs Complaint contains paragraph after paragraph of nonsensical sentences[,] some of which contain English words and some [of] which contain words that appear to be wholly made up by Plaintiff.6 The preliminary objections of Defendants Herr, Coover and Berry were argued before the above court en banc on February 4, 20047 For the reasons stated in this opinion, the preliminary objections will be sustained and Plaintiffs complaint against Defendants Herr, Coover and Berry will be dismissed. STATEMENT OF FACTS Plaintiffs complaint, which was filed on November 21,2003, contains 52 paragraphs and 83 pages. Paragraph 1 of the complaint identifies the Plaintiff as "an adult individual residing in Carlisle, Cumberland County, Pennsylvania."g Paragraph 3 states that "Defendants Lyle Herr, Samuel Coover and Dirk Berry are adult individuals employed by the Cumberland County Court House, Cumberland County, Pennsylvania.,,9 Typical ofthe other 50 paragraphs of the complaint are these: 5. In and about the year 1985 and through and about the application herein, Plaintiff Cory Cormany was subjugated criminal and civil allegation unconstitutional a due process; hereto the Commonwealth of Pennsylvania. 6. The criminal terms 85-0722, 86-0358, 89- 2068, 91-0505, 92-1252, 93-1078, 93-1079, 94-0973, 94-0974, 94-1222, 95-0027 and 95-0376 in the Common Pleas Court of Cumberland County is in accordance with the solicit ramifications litigated in 5 Preliminary objections of Defendants Herr, Coover and Berry, para. 4. 6 Preliminary objections of Defendants Herr, Coover and Berry, para. 3. 7 Plaintiff neither submitted a brief nor appeared for argument. 8 Plaintiff's complaint, para. L 9 Plaintiff's complaint, para. 3. 2 the civil case I:CV-95-0844 filed in the United States District Court for Pennsylvania. 7. The criminal terms 94-1222, 95-0375 and 95- 0376 in the Common Pleas Court of Cumberland County is in accordance with the procedural obligations stated in the civil cases 95.5222, 96-1730 and 96-1969 filed in the Cumberland County Common Pleas Court for Pennsylvania. 8. The criminal terms 96-1584, 97-0174, 97- 1443, 97-1444, 97-1445, 97-1446, 97-1447, 97-1448, 97-1504 and 97-1701 in the Common Pleas Court of Cumberland County is in accordance with the solicit ramifications litigated in the civil case 1 :CV -01-1803 filed in the United States District Court for Pennsylvania. 9. The criminal terms 97-1504, 01-0092 through 01-0097 in the Common Pleas Court of Cumberland County is in accordatlce with the procedural obligations stated in the civil cases 96- 4435, 01-1727 and 01-6467 filed in the Cumberland County Common Pleas Court for Pennsylvania. 10. On December 19th, of the year 1990, Defendant Lyle Herr complained of an argumentative conversation, allegory the Plaintiff Cory Cormany, and did later contradict such stipulated implication, as in accordance with a Ms. Tina Adams and the Common Pleas Court of Cumberland County. * * * * 12. On October 2nd, of the year 2001, Defendant Samuel Coover compiled a reactionary assault team, explicit the Plaintiff Cory Cormany, and did later excuse such stipulated implication, as in accordance with a Mr. David MacMain and the Common Pleas Court of Cumberland County. 13. In and about the month of January 2002, Plaintiff Cory Cormany was directed and ordered a subpoena appearance, as in accordance with the Defendant Dirk Berry, which did deface a criminal element in the Common Pleas Court of Cumberland County. 3 * * * * 16. The Plaintiff Cory Cormany has acknowledged Criminal, Civil and Actual issues of malice identified and associated with unconstitutional public actions, as in accordance with the Post Conviction Act set forth by the United States of America. 17. The case numbers of 1 :CV -95-0844 and LCV-01-1803 in the Middle District Court of the United States were adjudicated and dismissed, as in accordance with the rules of court S(:t forth by the Commonwealth of Pennsylvania. * * * * 20. The Commonwealth of PelIDsylvania did precede criminal allegations slanderous a confliction of interest, and noncertified an official service, for the case number 01-2091; naming the Plaintiff Cory Cormany a defendant substantial a County Detective William Diehl. * * * * 23. The Commonwealth of Pelillsylvania did proceed criminal hearings conspiratorial an act of justice and certified an official position; usable the Defendants Harold Sheely and associates as in disaccordance with P.SA 42 R.C.P. 58, 65, 66, 101, 102,110,123, and 130. 24, The intentional and criminal ramifications demonetized in the case numbers 85-0722, 86-0358, 89-2068, 91-0505, 92-1252, 93-1078, 93-1079, 94- 0973, 94-0974, 94-1222, 95-0027, 95-0374, 95-0375, 95-0376, 96-1584, 97-0174, 97-1443, 97-1444, 97- 1445, 97-1446, 97-1447, 97-1448, 97-1504, 97-1701, 01-0092,01-0093,01-0094,01-0095,01-0096 and 01- 0097, decidable the Common Pleas Court of the Cumberland County, are in disaccordance with the Commonwealth and United States Constitutions. 25. The compensatory and pumtlve ramifications remediaJized in the case numbers 95- 5222,96-1969,01-6467, and 03-1778, convincible the Common Pleas Court of the Cumberland County, are 4 in disaccordance with the Commonwealth and United States Constitutions. * * * * 28. The Plaintiff Cory Cormany has suffered lost wages, benefits, fees and property in the amount in excess of Two Hundred Fifty Thousand and 00 Dollars (250,000.00) as result of the Defendants' malicious and prejudicial actions. * * * * 30. The prejudicial and malicious matters and actions are serious as having happened in the Cumberland County, Pennsylvania, respectfully submissive the order of the court and exhibits A through I. 31. Preceding the situations and circumstances defined in the aforementioned statements, the Plaintiff Cory Cormany was not ever empowered a lawful servitude for the purpose of a pursuit in happiness, nor was he ever petitioned with a serviceable indictment for the purpose of an immunological warrant. * * * * 37. Preceding the situations and circumstances defined in the aforementioned statements, the Plaintiff Cory Cormany was not ever depositioned for the purpose of probable cause, nor was he ever serviced with an arbitrary reason of indifference for the purpose of an immunological affIrmation. 38. The Defendant Lyle Herr did implement policy and directive within or throughout the incidents and issues in question, and does have supervisory power unconstitutional an effectivl~ legislative, judiciary or executive procedure. * * * * 44. The Defendant Samuel Coover did implement policy and directive within or throughout the incidents and issues in question, and does have supervisory power unconstitutional an effective legislative, judiciary or executive procedure. 5 * * * * 50. The Defendant Dirk Berry did implement policy and directive within or throughout the incidents and issues in question, and does have supervisory power unconstitutional an effective legislative, judiciary or executive procedure. 10 The preliminary objections of Defendants Herr, Coover and Berry, as heretofore described, were filed on January 15, 2004. An identical set of preliminary objections was filed by the same Defendants on January 20, 2004. This latter set of preliminary objections will be stricken as duplicative. DISCUSSION As a general proposition, Pennsylvania courts are not required to entertain submissions which are incoherent, incomprehensible or unintelligible. See, e.g., Commonwealth v. Albert, 522 Pa. 331, 561 A.2d 736 (1989); Commonwealth ex reI. Swann v. Shovling, 423 Pa. 26, 233 A.2d I (1966). Thus, it has been said that "[p ]reliminary objections are certainly appropriate where a pleading is. . . incoherent. . .." Jackson v. Richards 5 &. 10 Inc., 289 Pa. Super. 445, 451, 433 A.2d 888, 891 (1981). More specifically, under Pennsylvania Rule of Civil Procedure 1019(a), "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Implicit within this rule is a requirement that the pleading be intelligible. See Allensworth v. First Galesburg Nat'l Bank &. Trust Co, 18 Ill. App. 2d 608, 152 N.E.2d 890 (1958). Where a portion of a pleading fails to conform to the rule, it is susceptible to a preliminary objection. See Pa. R.C.P. 1028(a)(2) (failure of pleading to conform to law or rule of court). Upon consideration of such an objection, the court may properly strike the affected pleading. See, e.g., Commonwealth, Pennsylvania Public Utility Commission v. Zanella Transit, Inc., 53 Pa. Commw. 359, 417 A.2d 860 (1980). 10 Plaintiff's complaint, at 1-13. 6 Under Pennsylvania Rule of Civil Procedure 1028(a)(2), a pleading which 1S legally insufficient to set forth a cause of action is also susceptible to a preliminary objection. Implicit within this rule as well is a requirement that the pleading be intelligible. See Allensworth v. First Galesburg Nat'l Bank & Trust Co., 18 Ill. App. 2d 608,152 N.E.2d 890 (1958). Upon consideration of such an objection, the court may properly sustain a demurrer and dismiss the pleading. Id. In this regard, it is well settled that "[p ]leadings will be construed against a pleader on the theory that he or she has stated his or her case as best he or she can." 2 Goodrich Amram 2d 1019:7, at 249 (2001). In the present case, a careful reading of Plaintiffs complaint indicates that Plaintiffs claims against Defendants Herr, Coover and Berry are not stated in a concise and summary form in the sense of being intelligible, nor can the complaint be understood as setting forth any legally cognizable cause of action against any of these defendants. Based upon the foregoing principles of law, the following order will therefore be entered: ORDER OF COURT AND NOW, this 19th day of May, 2004, upon consideration of the preliminary objections to Plaintiffs complaint filed on behalf of Defendants Herr, Coover and Berry, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. The preliminary objections filed on January 20, 2004, are stricken as duplicative of those filed on January 15,2004; and 2. The preliminary objections fikd on January 15, 2004, are sustained to the extent that they seek dismissal of Plaintiffs complaint, and Plaintiffs complaint is dismissed as to Defendants Herr, Coover and Berry. 7 , Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro Se Stephen E. Geduldig, Esq. Shawn E. Smith, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.o. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant Administration and Staff of the Cumberland County Bar Association William J. Devlin, Jr., Esq. Devlin & Devine Suite 200 1 00 West Elm Street Conshohocken, PA 19428 Attorney for Defendants Herr, Coover and Berry 8 BY THE COURT, . ji/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. (') c- ~,) ..~ N ~~? ~-~-:'; (';-" o --n --I ~: P", !",) r'-' -:'} (~,? j7" CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHN D. ADAMS, LYLE M. HERR AND PAULA P. CORREAL Defendants NO. 05-2761 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT HERR TO PLAINTIFF'S COMPLAINT BEFORE HESS and OLER, JJ. ORDER OF COURT AND NOW, this 13th day of September, 2005, upon consideration of the preliminary objections to Plaintiffs complaint filed on behalf of Defendant Herr, and for the reasons stated in the accompanying opinion, it is ordered and directed that the preliminary objections filed on July 22, 2005, are sustained to the extent that they seek dismissal of Plaintiffs complaint, and Plaintiffs complaint is dismissed as to Defendant Herr. BY THE COURT, Cory A. Cormany 1883 Douglas Drive Carlisle, P A 17013 Plaintiff, Pro Se William J. Devlin, Jr., Esquir Suite 200 100 West Elm Street Conshohocken, P A 19428 Attorney for Defendant Lyl M. Herr ~~ q - t<-t--rA- "":'~ " ;; -, ., "..' t '. " .' \\\ . ",.';".11 t',<:.:/\;:;,,-""'v -5) - ....----------- Mary E. Butler, Esquire Administrative Office ofPA Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Attorney for Defendant Paula P. Correal Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 Attorney for Defendant John D. Adams CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHN D. ADAMS, LYLE M. HERR AND PAULAP. CORREAL Defendants NO. 05-2761 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT HERR TO PLAINTIFF'S COMPLAINT BEFORE HESS and OLER, JJ. OPINION and ORDER OF COURT OLER, J., September 13,2005. In this civil case in which a pro se Plaintiff has sued various parties, preliminary objections to Plaintiffs complaint have been filed on behalf of Defendant Lyle M. Herr.' The preliminary objections being pursued by Defendant are in the nature of a demurrer2 and a motion to strike for failure to plead facts in a concise and summary form in conformity with Pennsylvania Rule of Civil Procedure 1019(a).3 In the preliminary objections, Defendant Herr contends that Plaintiff's Complaint contains paragraph after paragraph of nonsensical sentences some of which contain English words and some which contain words that appear to be wholly made up by Plaintiff.4 The preliminary objections of Defendant Herr were argued before this court on August 24, 2005. Plaintiff neither submitted a brief nor appeared for the I Preliminary Objections of Defendant Lyle Herr to Plaintiffs Complaint, filed May 26,2005 (hereinafter "preliminary objections of Defendant Herr"). 2 Preliminary objections of Defendant Herr, para. 7. 3 Preliminary objections of Defendant Herr, para. 2. 4 Preliminary objections of Defendant Herr, para. 3. argument. For the reasons stated in this opinion, the preliminary objections will be sustained and Plaintiffs complaint against Defendant Herr will be dismissed. STATEMENT OF FACTS Plaintiffs complaint, which was filed on May 26, 2005, identifies the Plaintiff as "an adult individual residing in Cumberland County, Pennsylvania."s Paragraph 3 states that "[Defendant] Mr. Lyle Herr is an adult individual residing in Cumberland County, Pennsylvania.,,6 Typical of the other 20 paragraphs of the complaint are: 5. On or about December 1 st, of the year 1988, Ms. Paula P. Correal consummated a procedure pursuant Mr. Cory A. Cormany. * * * * 12. On or about February 20th of the year 2002, The United States District Court reported a legal conclusion pursuant Mr. Cory A. Cormany. * * * * 14. On or about December 16th, of the year 2003, Mr. Cory A. Cormany petitioned a legal conclusion(s) pursuant the Commonwealth of Pennsylvania. * * * * 20. On or about June 25th, of the year 2004, Ms. Paula P. Correal scheduled a determination pursuant Mr. Cory A. Cormany.7 Three paragraphs in the complaint contain allegations that expressly refer to Defendant Herr: 5 Plaintiff's complaint, para. I. 6 Plaintiff's complaint, para. 3. 7 Plaintiff's complaint at ].4. 6. On or about December 14'\ of the year 1990, Mr. Lyle M. Herr contradicted a tort pursuant Mr. Cory A. Cormany. 7. On or about January 8th, of the year 1991, Mr. Cory A. Cormany paraphrased a tort pursuant Mr. Lyle M. Herr. * * * * 21. Mr. John D. Adams, Mr. Lyle M. Herr and Ms. Paula P. Correal did prejudicially cause discriminatory negligence, mental anguish, public humiliation, imprisonment and incarceration, emotional distress, lost wages and benefits, loss of property and pain and suffering in the foregoing amount of One Million and and 00 Dollars (1,000,000.00).8 Exhibit B, attached to Plaintiff's complaint, purports to be a Petition for Revocation of Parole signed by Defendant Herr as the petitioner, apparently in his capacity as Plaintiff's parole officer.9 Exhibit C purports to be a letter written by Plaintiff to one Richard Snelbaker.1o Exhibit N purports to be a copy of a Notice to Plead filed by Plaintiff in a previous action against Defendant Herr. I I The preliminary objections of Defendant Herr, as heretofore described, were filed on July 22,2005. They were argued on August 24, 2005. DISCUSSION As a general proposition, Pennsylvania courts are not required to entertain submissions which are incoherent, incomprehensible or unintelligible. See, e.g., Commonwealth v. Albert, 522 Pa. 331, 561 A.2d 736 (1989). Thus, it has been said that "[p ]reliminary objections are certainly appropriate where a pleading 8 Plaintiffs complaint at 2.4. 9 PlaintitTs complaint, Exhibit "8." 10 Plaintiffs complaint, Exhibit "C." " Plaintiffs complaint, Exhibit "N." is. . . incoherent. . . . " Jackson v. Richards 5 & 10 Inc., 289 Pa. Super. 445, 451, 433 A.2d 888, 891 (1981). More specifically, under Pennsylvania Rule of Civil Procedure 1019(a), "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Implicit within this rule is a requirement that the pleading be intelligible. See Allensworth v. First Galesburg Nat'l Bank & Trust Co., 18 Ill. App. 2d 608, 152 N.E.2d 890 (1958). Where a portion of a pleading fails to conform to the rule, it is susceptible to a preliminary objection. See Pa. R.C.P. 1028(a)(2) (failure of pleading to conform to law or rule of court). Upon consideration of such an objection, the court may properly strike the affected pleading. See, e.g., Commonwealth, Pennsylvania Public Utility Commission v. Zanella Transit, Inc., 53 Pa. Commw. 359, 417 A.2d 860 (1980). Under Pennsylvania Rule of Civil Procedure 1028(a)(4), a pleading which IS legally insufficient to set forth a cause of action is also susceptible to a preliminary objection. Implicit within this rule as well is a requirement that the pleading be intelligible. See Allensworth v. First Galesburg Nat'l Bank & Trust Co., 18 Ill. App. 2d 608, 152 N.E.2d 890 (1958). Upon consideration of such an objection, the court may properly sustain a demurrer and dismiss the pleading. Id. In this regard, it is well settled that "[p ]leadings will be construed against a pleader on the theory that he or she has stated his or her case as best he or she can." 2 Goodrich Arnram 2d 1019:7, at 249 (2001). In the present case, a careful reading of Plaintiffs complaint indicates that Plaintiffs claim against Defendant Herr is not stated in a concise and summary form in the sense of being intelligible, nor can the complaint be understood as setting forth any legally cognizable cause of action against Defendant Herr. Based upon the foregoing principles of law, the following order will therefore be entered: ORDER OF COURT AND NOW, this 131h day of September, 2005, upon consideration of the preliminary objections to Plaintiff's complaint filed on behalf of Defendant Herr, and for the reasons stated in the accompanying opinion, it is ordered and directed that the preliminary objections filed on July 22, 2005, are sustained to the extent that they seek dismissal of Plaintiff's complaint, and Plaintiff's complaint is dismissed as to Defendant Herr. BY THE COURT, sf J. Weslev Oler. Jr. J. Wesley Oler, Jr., J. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, Pro Se William J. Devlin, Jr., Esquire Suite 200 100 West Elm Street Conshohocken, PA 19428 Attorney for Defendant Lyle M. Herr Mary E. Butler, Esquire Administrative Office of P A Courts 1515 Market Street, Suite 1414 Philadelphia, P A 19102 Attorney for Defendant Paula P. Correal Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, P A 17013 Attorney for Defendant John D. Adams