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Home My WebLink About95-05222 rf) -0 - .~ - l.J. . I ~l I ~l ~I c- d ~ ~ ~ j (0 rtJ ~ ~ ~ ~ ~ I tD ~ ....0- '\ ,-:-""\ - ~~. '. , .~ PLAINTIFF, CORY A, CORMANY INTHECOURTOFCOMMON PLEAS 01: CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL NO, DEFENDANTS, GREGORY FIB.DS, j.j. SANCENITO, PAULA CORRFAL CIVIL ACTION - LAW JURY TRIAL DEMANDED TITLE 42 COMPLAINT AND NOW, comes Cory Cormany, Plaintiff, and sets forth causes of action against the above Defendants, whereof the following is a statement: 1. Plaintiff is Cory Cormany an adult individual residing in Cumberland County, Pennsylvania, 2 Defendant Gregory Fields is an adult individual residing in Cumberland County, Pennsylvania. 3. Defendant john j. Sancenito is an adult individual residing in Cumberland County, Pennsylvania, 4. Defendant Paula Correai is an adult individual residing in Cumberland County, Pennsylvania. S. The Plaintiff Cory Cormany is High School graduate in attending South Middleton School, Bolllng Springs, Pennsylvania, 17007. The Plaintiff is academicaily achieved through a graduate program at Pennsylvania State University. He is employed with S.P,C. Services, Fort Worth, Texas 76161, and was employed with Lehman's Lumber Mills, Shagbark l.n., Carlisle, Pennsylvania 17013, he is a taxpayer, a voter, and a citizen of the United States of America. 6. Defendant John J. Sancenito is an adult individual employed with North Middleton Police Department. 7, Defendant Paula Correal is an adult Individual employed with the County of Cumberland - District Magistrate's Office, State of Pennsylvania, Carlisle, I'a. 17013, 8. Defendant Gregory Fields has no known place of employment. 9. On or about the evening of October 11 th, at approximately 7:00 P.M., of the year 1993, the Defendant Gregory Fields did stop and offer the Plaintiff Cory Cermany a ride home to his place of residence. This offer did occur along Sterretts Gap Avenue, Carlisle, Pennsylvania 17013, in the Pheasant Run Estates Area. 10. On or about the aforesaid time the Plaintiff Cory Cormany did accept the ride offered from the Defendant Gregory fields. He did enter the vehicle driven by the Defendant Gregory Fields, now identil1ed as a black Chevrolet ton truck. 11. On or about October 11 th, of the year 1993 at approximately 7:00 P.M. the Defendant Gregory Fields did leave the Plaintiff Cory Cormany off at his residence. The residence being in the 1800 block of Douglas Dr" Carlisle, Pennsylvania 17013, Pheasant Run Estates. 12 On October 14th, of the year 1993 at approximately 12:35 P.M.,the Defendant Gregory Fields did go to the Carlisle Police Station and did disclose false facts about the Plaintiff Cory Cormany. These facts pertained to a vehicle that he alleged to be stolen on October 9th, of the year 1993, between the hours of 6:00 P.M. and 11:40 A.M, on October 10th, of the year 1993. 13. In the statements given to the Carlisle Police on October 14th, of the year 1993, the Defendant Gregory Fields says that he witnesses the Plaintiff Cory Cormany enter a car dealership on the morning of October 10th, of the year 1993 at approximately 4:00 A.M. lie then says that the Plaintiff Cory Cormany came out with a pick-up truck and states that he (Defendant Gregory Fields) drove around with the Plaintiff for several hours. Then says that he and the Plaintiff left the aforesaid pick-up trurk at the Carlisle 1I0spital, and that the Plaintiff Cory Cormany kept the keys, 14, On October 9th of the year 1993, the Plaintiff Cory Cormany was at work from 3:00 P,M, to 10:00 P.M. at Texaco Fuels of the Walnut Bottom Rd., Carlisle, Pa. 17013, At approximately 10:00 P.M, the Plaintiff Cory Cormany did leave the aforesaid place of employment with his mother/father, due to his temporary loss of driver's privileges, and did continue to go to another place of employment from 11 :00 P.M. October 9th, of the year 1993 to 7:00 A.M. October 10th, of the year 1993 at Excel 1.ogistics, New Kingston, Pennsylvania. 15. On October 10th, of the year 1993 on or about 7:00 A.M., the Plaintiff Cory Cormany returned home with his mother/father where he went to sleep for the remainder of the day. 16. The Plaintiff Cory Cormany was in fact employed with and did in fact work the 11 :00 P.M. to 7:00 A.M. shift with Excel Logistics for the entire month of October, he did not work the 14th or the 15th during the week the alleged crime did occur. In continuing; the Plaintiff did not retain employment on the evenings of the 10th, 11 th, and the 13th during the week the alleged crime did occur. This employment being recorded and retained with Texaco Fuels. 17. On October 26th, of the year 1994 the Plaintiff Cory Cormany was served with a warrant for arrest from the Defendant john j. Sancenito and was initiated bail by the Defendant Paula Correal. 18. On or about the aforesaid time and date the Defendant Paula Correal did schedule a hearing for the acts alleged in the arrest warrant issued by the Defendant john j. Sancenito. 19. On or about November 13th, of the year 1994 the Defendant Paula Correal did mntinue the hearing originally scheduled until a later date. it is a fact that the Defendant Paula Correal did mntinue the hearing on a total or six occasions, after the issuance of the aforesaid warrant. 2U On the morning of March 1 st, of the year I <)95 at or about 11 :00 A.M., the Plaintiff Cory Cormany was at last scheduled a hearing in front of the Defendant Paula Correal. 21. The aforesaid hearing regarded a theft matter concerning a vehicle, this vehicle being described as a Chevrolet Silverado, the allegations were as the following: 3921 Theft by unlawful taking, 3925 Rec, Stolen Property, 3928 Unauth. use of an automobile, 3502 Burglary, 3503 Criminal Trespass, 3304 Criminal Mischief, 22 At the time and date of the aforesaid hearing the Commonwealth of Pennsylvania called a Mr, Edward Bidelspach to testify to the alleged matter pertaining to the Plaintiff Cory Cormany. The witness on behalf of the Commonwealth did testify that his garage dealership was broken into and that there was a vehicle taken and that the vehicle was a Chevrolet. 23. At the time and date of the aforesaid hearing the Commonwealth of Pennsylvania called another witness to testify on behalf of the Commonwealth concerning the allegations directed against the Plaintiff Cory Cormany. The witness is now identified as the Defendant Gregory Fields. 24. On March 1 st, of the year 1995, the Plaintiff Cory Cormany's defense questioned the Defendant Gregory fields. The defense attorney did ask the witness Gregory Fields if he saw the Plaintiff Cory Cormany take the vehicle indicated and alleged to be stolen by Mr. Bidelspach, and the Defendant john j. Sancenito. The Defendant Gregory fields (witness for the Commonwealth) responded by saying, "No, t don't know, I guess he did it, I don't know," 25. On the aforesaid date and time the Commonwealth asked the Defendant Gregory Fields ( witness for the Commonwealth) what happened on or about October 10th, of the year 1993. The witness said he was driving around Perry County with the Plaintiff Cory Cormany in a Chevy Silverado. 26. On the aforesaid date and time the Commonwealth of Pennsylvania asked the Defendant john j. Sancenito to testify to the farts of the crimes committed. The Defendant Sanrenito read a report from the Pennsylvania State Police. In the report it was said that the vehicle recovered was a Chevrolet S-IO, license number 042545D, registration number (vin IGCDCI41151~~I25.H.{), and that it was re{'()vered on October 19th, of the year 1993, in a corn field. 27, On the aforesaid date and time the attorney for thc dcfensc (Plaintiff Cory Cormany) asked the Defendant Gregory Fields if he had been drinking alcoholic beverages at the time he was supposedly with the Plaintiff Cory Cormany. Thc witness (Defendant Gregory Fields) responded by saying, "Yes, about five bccrs or so." 28. On the aforesaid date and time, at the aforesaid hearing, the Defendant Paula Correal was present and did preside. The Defendant Paula Correal did make several statements while the Plaintiff Cory Cormany's attorney was cross-examining the Defendant Gregory Fields (witness on behalf of the Commonwealth). The Defendant Paula Correal did direct a statement during cross-examination to the defense attorney Mr. Braught that it was close to lunch and that he (referring to Mr. Braught) had better get a move on with it, and that she was hungry and didn't want to spend all day with this case. The Defendant Paula Correal did also say that quote, this isn't the O.J. Simpson trial and that you (again referring to Mr. Braught) had better get a move on with it. In addition to the two previous remarks the Defendant Paula Correal did also make a comment in regards to the defense attorney Mr. Braught, stating the quoted words, "I'm the boss here and what I say goes." This statement was after Mr. Braught objected to the Defendant Paula Correal's line of reasoning concerning lunch. 29. On the aforesaid date and time, the Plaintiff Cory Connany was denied the right to present work records that would clearly indicate that he was working on the evening of March 9th, of the year 1993, and the morning of March 10th, of the year 1993. He was also denied the right to call witnesses that could verify an alibi during the time that the alleged said crime did occur. lie was also denied the right to prcsent work records for the cntire month of Octobcr of the ycar 1993. 30. On the aforesaid date and timc of the aforcsaid hearin!l, the Defendant Paula Correal was given thc Police rcport which dcsrribed the inridents and the vehicle that was alleged to be stolen. In the rcport it was stated that thc alleged break in and theft occurred sometime between October 9th, of the year 1994, 18DD hours and October 10th, of the year 1994, 1140 hours. 31. On March 1st, of the year 1995, the Defendant Paula Correal did make a ruling and did remand the instant case to a higher court, despite that the facts of the case were not in order and that there was no actual witness that could substantiate the actual crime committed or that the vehicles described corresponded to the testimonies given or that a prima facie case against the Plaintiff Cory Cormany did actually exist based on the testimonies of the Defendant Gregory Fields. 32. In the Complaint issued by the Defendant John J. Sancenito it is clear that he did conspire with the solicitation of the Defendant Gregory Fields and with the solicitation of Thomas McDaniels. It is also clear that the solicitation of Thomas McDaniels does not constitute the commission of a crime, however the solicitation of the Defendant Gregory Fields does, and the testimonies of the Defendant Gregory fields does contradict the facts pertaining to the instant case and does constitute the commission of a crime. 33. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Gregory Fields saying and making false statements to law enforcement officials/authorities. 34. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property and cash because of the Defendant Gregory Fields soliciting and conspiring and attempting to conspire with the Defendant .Iohn .I. Sancenito and the Defendant Paula Correal. 35. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant .Iohn J. Sanccnito conspiring with the solicitations of the Defendant <;regory Fields. 3h The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant John J. Sancenito negligently performing his investigative duties Involving the absolute circumstances of the case. 37. The Plaintiff Cory Connany has suffered lost wages, public humillatlon, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Paula Correal negligently performing her administrative duties. 38. The Plaintiff Cory Conn any has suffered lost wages, public humlllatlon, Imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Paula Correal's bias and unrulely attitude concerning the direction of the law. 39. The Plaintiff Cory Connany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Paula Correal's Inability to schedule a timely and speedy trial in accordance to the Plaintlfrs rights and In accordance to the direction of the law. COlIN1DNE CORY A. CORMANY VS. GREGORY FIELDS PENNSYLVANIA CRIME CODE FAlSE SWFARING AND UNSWORN FALSIFICATION TO AUfHORlTlffi - 4903 AND4904 40. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth at length. 41. The Defendant Gregory Fields did go to the Carlisle Police Station and did submit false statements to the officers in that he did describe events that were not true, and it is stated in the Complaint numbered twelve (12), and respectfully submitted exhibits:A./J 42. The Defendant Gregory Fields did make false statements to the Magistrate's authority in that he did testify contradictory the statements he made to the Carlisle Police Department. It is stated in statement numbered twenty-four and twenty-five (24 & 25) of the Complaint. 43. The incidents described herein the Complaint are serious as having happened in the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 44. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and lost cash, and it is a direct result of the Defendant Gregory Field's actions and statements. The Plaintiff Cory Cormany does seek punitive and compcnsatory damages. 45. WHEREFORE, Plaintiff Cory Connany claims from the Defendant, Gregory Helds, in an amount not in excess of Ten Thousand and 00 Dollars (1 O,OOO,ClO) plus cost of suit. COlINI'IWO CORY A. CORMANY VS. GRE(JORY FIELDS PENNSYI.VANIA CRIME com~ CRIMINAl. CONSPIRACY. SOLICITATION AND A'ITEMI'r-90\ .902. 'J0.i.904,AND905 46. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as If set forth at length. 47. The Defendant Gregory Fields did solicit, conspire, and commit l'Ontempt in that he did go to the Carlisle Police Station and did submit false facts without evidence and did solicit untrue characteristics about the Plaintiff Cory Cormany. It is stated in numbered statement twelve (12), and respectfully submitted exhibits: A-,J 48. The Defendant Gregory Fields did solicit untrue characteristirs about the Plaintiff to the Defendant john j. Sancenito and the Defendant Paula Correal and it is respectfully stated in the Complaint numbered five through thirty-four (5-34), and in all of the foregoing exhibits. 49. The incidents described herein are serious as having happened in the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 50. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and lost cash and it is a direct result of the Defendant Gregory Field's actions and statements. The Plaintiff Cory Cormany does seek punitive and compcnsatory damages. 51. WHERHORE, Plaintiff Cory Conn any claims from the Defendant. Greg(lry Fields, in an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COUNrTlIREE CORY A. CORMANY VS. GREGORY FIELDS PENNSYLVANIA CRIME CODl~ FALSE REPORTS TO lAW ENFORCEMENT AllTIIORITII~ 4'XX"1 52. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth at length. 53. The Defendant Gregory Fields did go to the Carlisle Police Department and did submit a false report to the officers in that he did say the Plaintiff Cory Connany was with him on an evening that he was not. and that he knew the Plaintiff committed a crime of which he did not. It is stated in the Complaint numbered statement twelve (12), and consequently the Complaint entirely, and respectfully submitted exhibits: A - tV 54. The incidents in this account and within the Complaint are serious as having happened within the Borough of Carlisle and the lIonorable District Magistrate's office, it did cause the Plaintiff Cory Connany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 55. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and lost cash and it is a direct result of the Defendant Gregory Field's actions and statements. The Plaintiff Cory Cormany does seek punitive and compcnsatory damages. 56. WHEREHlRF. Plaintiff Cory Connany claims from the Defendant, Gregory Fields, in an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COllNIH>UR ~ORY A. CORMANY VS. PAlliA COI{RI:AL PENNSYLVANIA CRIME COD1~ OFFICIAL OPPRESSION AND I:AISE IMPRISONMENT 5301 AND2903 57. The avennents set forth In Paragraphs one through thirty-nine (1-39) of the Complaint are Incorporated by reference as If set forth at length. 58. At the time and date of the aforesaid incident, the serving of the arrest warrant, the Plaintiff Cory Cormany was incarcerated and Imprisoned by the Defendant Paula Correal. It is realized that in the events of due process and upon the serving of the arrest warrant, bail is an option and is set at the District Magistrate's discretion, the need for ongoing continuances are not an option and does violate the rights of the Plaintiff. I'urther; the Defendant Paula Correal did continue the preliminary process on a total of six occasions, not allowing the facts of the matters to be expressed nor the elements of the uime committed until March 1 st 1995, as accordance to the law which may direct respectfully in this Complaint, respectfully submitted and attached thereto exhibits: A-"; 59. The Defendant Paula Correal did imprison the Plaintiff Cory Connany by remanding the instant case mentioned In Statements seven through thirty-two (7-32) of the Complaint, to a higher court whereby the facts of the case did not legitimate doing so or making such a cause of action. 60. The Defendant Paula Correal did falsely imprison the Plaintiff Cory Cormany by remanding and declaring a prima facie case against the Plaintiff where there was no prima fade case established and it is stated in statements numbered seven through thirty-two (7-32) of the Complaint. The Witness/Defendant Gregory Fields did not identify thc Plaintiff Cory Cormany as thc individual who actually rommlttl.'I.I thc allegcd art. 61. In the aforesaid Incident and Is presented in the Complaint thc Defendant Paula Correal was prejudice in perfonning her duties for thc County of Cumberland In that the Defendant did rcmand the instant case to a higher court where there were contradicting facts as to the identity of the vehicle allegcd to be stolen and that the Defendant did deny evidentiary records pertaining to the Plalntlrrs whereabouts at the time the alleged crime was supposedly committed. 62. The Defendant P-aula Correal was negligent in performing her duties for the County of Cumberland in that shc did continue the preliminary process on a total of six occasions, thus violating the Plaintiff's rights to a speedy trial. Further; the Defendant did remand the Instant case mentioned to a higher court without the Defendant Gregory Fields identifying the Plaintiff as the individual who committed the crime alleged. She did this out of negligence and prejudice for the very County she serves. 63. The incidents described herein are serious as having happened within the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 64. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation imprisonment, emotional distress, mental anguish, lost property, and lost cash, and it is a result of the Defendant Paula Correal oppressing and negligently performing her official duties for the County of Cumberland and it's entirety. The Plaintiff Cory Cormany does seek punitive and compensatory damages. 65. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Paula Correal, in an amount in excess of Ten Thousand and 00 Dollars ( 10,000.00) plus cost of suit. COUNT FIVE CORY A. CORMANY VS. PAUlA CORREAL CIVIL TORT ClAIM: MALICIOUS PROSOCUTION - MALICIOUS ACT - MALICIOUS ABUSE OF LEGAL PROCffiS - DISCRIMINATION AND PREIlJDICIAL ERROR ARTICLffi FIVE. EIGHT AND FOURTEEN OF THE U.S.CONSTlTUTION 66. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth in length. 67. At the time and date of the aforesaid incident stated in statements numbered seven through thirty-two (7-32) of the Complaint, the Defendant Paula Correal did Maliciously Prosecute, Act, Use process, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Defendant Paula Correal referred to a non-precedential case that held no merit when making a ruling concerning the instant case mentioned, respectfully submitted exhibits: A -tJ 68. At the time and date of the aforesaid incident stated in statements numbered seven through thirty-two (7-32) of the Complaint, the Defendant Paula Correal did Maliciously Prosecute, Act, Use process, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Ocfendant did proceed to make a hasty and unsound judgment without using available time for recess, and that the Defendant Paula Correal did bring her personal desires before the priorities of the people of Cumberland. The Defendant did make an abonable statement outside of quote, "usual courtroom manner.. It Is realized that the statement, "I'm the boss here, and what I say goes," does not maliciously prosecute and discriminate in a dlrcct manner alone, howcver it is said in combination with the two previously made statements made in statement numbered twenty-eight (28), to be categorized as bias, discriminator}', and malidous in all aspccts. 69. At the ti"Tle and datc of thc aforcsaid inddent stated in thc Complaint, the Defendant Paula Correal did Malldously prosecutc, Act, Usc proccss, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Plaintiff's rights to a speedy trial were violated, the Defendant Paula Correal did not specify reasons for continuances, thus violating his rights to proper due process. Further Defendant Paula Correal did not substantiatc a prima facie case and/or the facts relevant thereof and did remand the Instant case to a higher court, without evldencc or proper witness. 70. The Defendant Paula Correal did violate the Plaintiff Cory Cormany's Civil Rights and did forth writ the instant case to a higher court without evidence, fact, and witness. She did not follow proper format and time in continuing the preliminary process, and the Defendant did discriminate with prejudice in making the final decision to remand the instant case to court. 71. The incidents described herein are serious as having happened within the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humillation imprisonment, emotional distress, mental anguish, lost propeny, and cash for excessive expenses. 72. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation imprisonment, emotional distress, mental anguish, lost property, and lost cash, and it is a direct result of the Defendant Paula Correal's Malicious Acts, Prosecution, Use of Process, Discrimination, and Prejudism. The Plaintiff Cory Cormany doe seek punitive and compensatory damages. 73. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Paula Correal, in an amount in excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COlINTSIX CORY A. CORMANY VS. IOHN I. SANCEN rro PENNSYLVANIA CRIMr~ CODE: PERFORMANCE 01: DUTII~ AS A POIJCE OFHCER AND OFFICIAL OPPRffiSION. 530 I 74. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by refercnce as if set forth in length. 75. The Defendant john j. Sancenito did discriminate with prejudism and actual malice while perfonning his duties as a police officer in that he did conspire with a known criminal and a convicted person of theft and did allegate the Plaintiff Cory Cormany without investigating the Plaintiff's history or the actual circumstances of the crime alleged, respectfully submitted exhibits include: A-,.J 76. The Defendant john j. Sancenito did demonstrate actual malice in performing his duties as a police officer in that he did make an arrest based on the criminal solicitation of the Defendant Gregory fields, without having actual evidence to the crime committed. 77. The incidents and circumstances described herein are serious as having happened in the Borough of Carlisle and the Honorable District justice's Office. It did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 78. By reason of the aforesaid mattcr the Plaintiff Cory Cormany has suffercd lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost propcrty and lost rash, and it is a dircct result of thc Defendant john j. Sancenito's negligence and abuse of prorcss. 79. WIIEREH)RE. Plaintiff Cory Cormany r1aims from thc Defcndant john j. Sancenlto, In an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COllNTSINEN CORY A. CORMANY VS. IOIlN I. SANCEN ITO PENNSYI.VANIA CRIMI~ CODE: CRIMINAl. CONSPIRACY. SOLICITATION AND AlTEMPT-901. 902. 903. 904.AND905 80. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are Incorporated by reference as If set forth in length. 81. The Dl'fendant john j. Sancenito did conspire with a known and convicted criminal and did in fact arrest the Plaintiff Cory Cormany without investigating the history of the Plaintiff or even conferring with the Plaintiff as to the matters alleged. He did this knowing that he was conspiring to the solicitations thereof the Defendant Gregory Fields. 82. The Defendant john j. Sancenito did conspire and did arrest the Plaintiff Cory Connany based on the solicitation of Gregory Fields and Thomas McDanieL lie did this with no actual evidence other than the solicitation of the aforementioned two individuals, respectfully submitted exhibits: to. - to) &3. The incidents and circumstances described herein are serious as having happened in the Borough of Carlisle and the Honorable District justice's Office. It did cause the Plaintiff Cory Cormany to suffer lost wages, public humillation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 84. By reason of the aforesaid matter the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property and lost cash, and it is a direct result of thc Defendant john j. Sancenlto's conspiratorial actions. the Plaintiff does seek punitive and compensatory damages. . VERIFICATION I, Cory Cormany, Plaintiff In the above captioncd action, hereby vcrlfy and state that the facts set forth In the Complaint against Gregory Fields, j. j. Sancenlto, and Paula Correai are true and correct to the best of my Infonnatlon, knowledge, and bellcf. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S.A. Section 4904 relating to unsworn verifications to authorities. DatPrlCf- d. '6 -qS- By~a ~ ~ Cory A. Connany ~ . CERTIFICATION SERVICa; AND NOW, this .J..~-IJ..... _ day of _.~_, 1995, I, Cory A. Connany foregoing the aforesaid matter for my attorney hereby certify that I have served the foregoing document upon the following by depositing a copy of same In the United States mail, at Carlisle Pennsylvania, addressed as follows: Gregory fields 19 North East Street Carlisle, PA 17013 j. j. Sancenito North Middleton Police Department North Middleton Road Carlisle, PA 17013 C~aC~ Cory . Connany 1101 Claremont Road Carlisle, PA 17013 Paula Correal District justice's Office I South Hanover Street Carlisle, PA 17013 '^~ ~ ~ ;:::: .. ~ :;: 0') '" ~. ",>- ., ..... c& ~ oJ ~ @ PENNSYLVAIA CONSOLIDATED STATUTES ANNOTATED CRIMES AND OFFENSES 901. Criminal Attempt (a) Definition of attempt.- A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime. (d) Impossibility.- It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the crime attempted. (c) Renunciation.- (I) In any prosecution for an attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the com- mission of the crime attempted by abandoning his criminal effort and, if the mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commossion thereof. (2) A renunciation is not "voluntary and complete" within the meaning of this subsection if it is motivated in whole part by: (i) a belief that circumstances exist which increase the proba- bility of detection or apprehension of the defendant or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or (ii) a decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective. 1972, Dec. 6, P.L. 1482, No. 114, I, effective June 6, 1971. 902. Criminal solicitation (a) Definition of solicitation.- A person is guilty of solicitation to commIt a crime if with the intent of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission. (b) Renunciation.- It is a defense that the actor, after soliciting PENNSYLVANIA CONSOLIDATED STATUTES ANNOTATED CRIMES AND OFFENSES another peraon to commit a crime, persuaded him not to do so other- wise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of hia criminal intent. 1972, Dec. 6, P.L, 1482, No. 334, I, effective June, 1973. '- 903. Criminal conspiracy (a) Definition of conspiracy.- A person is guilty another person or persons to commit a crime if with moting or facilitating its commission he: (1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (2) agrees to aid such other person or persons in the plsnning or commission of such crime or of an attempt or solicitation to commit such crime. (b) Scope of conspiratorial relationship.- If a person guilty of conspiracy, as defined by subsection (a) of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, to commit such crime whether or not he knows their identity, (c) Conspiracy with multiple criminal objectives.- If a person conspires to commit a number of crimes, he/she is guilty of only one conspiacy so long aa such multiple crimes are the object of the aame agreement or continuous conspiratorial relationship. (d) Joinder and venue in conspiracy prosecutions.- (1) Subject to the provision of paragraph (2) of this subsection, two or more persons charged with criminal conspiracy may be prosecuted jointly if: (i) they are charged with conspiring with another; or (ii) the conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct. (2) In any joint prosecution under paragraph (1) of this of conspiracy the intent of with pro- section: 8ub.,~~'~nl f.' ~~. ~ .~ ~ 1 (i) no defendant shall be charged with conspiracy in any county other than one in which he entered into such conspiracy or in which an overt act pursuant to such conspiracy was done by him or by a person with whom he conspired; (ii) neither the li~bility of any defendant nor the admissibi~'~ lity against him of evidence of acts or declarations of another shall be enlarg~ by such joinder; and (iii) the court shall order a severance or take a special verdict as to any defendant who so request, if it deems it necessary or appropriate to promote the fair determination of his guilty or innocense, and shall take any other proper measures to protect the fairness of the trial. (e) Over act.- No person may be convicted of conspiracy to commit a crime unless an overt act in pursuant of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired, (f) Renunciation,- It is a defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under the circumstances manifesting a complete and voluntary renunciation of his criminal intent. (g) Duration of conspiracy.- For purposes of 42 Pat C.S. 5552(d) (relating to commission of offense): (1) conspiracy is a continuing course of conduct which termin- ates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; (2) such abandonment is presumed if neither the defendant nor any one with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation: and (3) if an individual abandons the goverment, the conspiacy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein. 1972, Dec. 6, P.L. 1482, No. 334, I, effective June 6, 1973. As amended 1978, April 28, P.L. 202, No. 53, 7(2), effective June 27, 1978. t ~ ~ p~ ., 904. Incapacit" irresponsibility or immunity of party to solicitation or conspracy (a) General rule,- Except as provided in subsection (b) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that: (1) he or the person whom he solicits or with whom he conspires does not occupy a particular position or have a particular characteristic which is an'element of such crime, if he believes that one of them does, or (2) the person whom he solicits or with whom he conspires is irresponsible or hss immunity to prosecution or conviction for the commission of the crime. (b) Exception.- It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under section 306(e) of this title (re- fating to status of actor) or section 306(f)(I) or (2) of this title (relating to exceptions), 1972, Dec. 6, P.L. 1482, No. 334, 1 effective June 6, 1973. 905. Grading of criminal attempt, solicitation and conspiracy (a) Grading.- Except as otherwise provided in this section, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy, An attempt, solicitation or conspiracy to commit murder or a felony of the first degree is a felony of the secound degree, (b) Mitigation._ If the particular conduct charged to constitute a criminal attempt, solicitation or conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither such conduct nor the actor presents a public danger warranting the grading of such offense under this section, the court may dismiss the prosecution, 1972, Dee, 6, P.L. 1482, No, 334, 1, effective June 6, 1973. As smended 1974, March 26, P.L, 213, No, 46, 1, imd, effective. .~ 906. Multiple convictions barred A person may not be convicted of more than one offense defined by this chapter for conduct designed to commit or to culminate in the commission of the aame crime. 1972, Dec. 6, P,L, 1482, No, 334, I, effective June 6, 1973. ~ , ~ UNSWORN FALSIFICATION TO AUTHORITIES 4904 (a) In general. - A person commits s misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function, he: (1) makes any written false statement which he does not believe to be true; (2) submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or (3) submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false. (b) Statements "under penalty". - A peraon commita a misdemeanor 'of the third degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable. (c) Perjury provision applicable, - Section 4902 (c) through (f) of this title (relating to purjury) applies to this section. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. FALSE REPORTS TO LAW ENFORCE~ENT AUTHORITIES 4906 (a) Falsely incriminating another. - A person who knowingly gives false information to any law enforcement officer with intent to impli- cate another commits a misdemeanor of the second degree. (b) Fictitious reports. - A person commits a misdemeanor of the third degree if he: (1) reports to law enforcement authorities an offense or other , incident within their concern knowing that it did not occur; or (2) pretends to furnish such authorities with information relst- ing to an offense or incident when he knows he has no information relating to such offense or incident. 1972, Dec. 6, P.L. 1482, No. 334, I, effective June 6, 1973. FALSE SWEARING 4903 (a) False swearing in official matters. - A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true is guilty of a misdemeanor of the second degree if: (1) the falsification occurs in an official proceeding; or (2) the falsification is intended to mislead a public servant in performing his official function. (b) Other false swearing. - A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is a guilty of a misdemeanor of the third degree, if the statement is one which is required by law tQ be sworn or affirmed before a nctary or other person authorized to administer oaths. (c) Perjury provisions applicable. - Section 4902(c) through (f) of this title (relating to perjury) applies to this section. 1972, Dec. 6, P.L, 1482, No. 334, 1, effective June 6, 1973. @ OFFICIAL OPPRESSION 5301 A person acting or purporting to act an officlal ~apaci~y ~r taking advantage of such actual or purported capacity commits a mis- demeanor of the second degree if, knowing that his conduct is illegal, he: (1) subjects another to arrest, detention, search, seizure, mis- treatment, dispossession, assessment, lien or other infringement of personal or property rights; or (2) denies or impedes another in the exercise or enjoyment of I any right, privilege, power or immunity. 1972, Dec. 6, P.L. 1482, No. 334, I, effective June 6, 1973. FALSE IMPRISONMENT 2903 A person commits a misdemeanor of the second degree i~ he knowingly restrains another unlawfully so as to interfere substantially with his liberty. 1972, Dec. 6, P,L, 1482, No. 334, I, effective June 6, 1973. @ RULE 142. CONTINUANCE OF A PRELIMINARY HEARING The issuing authority may, for cause shown, grant a continuance and sha:l note on the transcript every continuance together with: (1) the grounds for granting each continuance, (2) the indentity of the party requesting such continuance, and (1) the new date and the reason that the particular date was chosen. Note: Formerly Rule 124 adopted June 30, 1964, effective January I, 1995, suspended effective May I, 1970; present rule adopted January 31, 1970, effective May, 1970; renumbered September 18, 1973, effective January I, 1974; amended October 22, 1981, effective January I, 1982; amended July 12, 1985, effective January I, 1986; effective date extended to July 1, 1986. RULE 4004. STANDARDS FOR SETTING BAIL In setting pre-verdict bail, bail shall be such as to insure the presence of the Defendant as required by the bond and shall be deter- ined according to the following standards: (i) the nature of the offense charged and any mitigating or aggravating factor that may bear upon the likelihood of conviction and possable penalty; (ii) the Defendant's employment status and history and his financial condition; (iii) the nature of his family relationships; (iv) his past and present residence; (v) his age, character, reputation, mental condition, record of relevant convictions, and whether addicted to alcohol or drugs; (vi) if he has previously been released on bail, whether he appeared as required; and (vii) any other facts relevant to whether the defendant has stong ties with the ~ommunity or Is likely to flee the jurisdiction. Note: Adopted Julv 21, IQ71, effective slxtv days hence, replacing prior Rule 4005. RULE 140. PRELIMINARY ARRAIGNMENT (a) At the preliminary arraignment, for filing pursuant to Rule 108 a copy of the complaint shall be given to the de fen- accepted dant, (b) If the defendant was arrested with a warrant, the issuing authority shall provide the defendant with copies of the warrant and supporting affidavit(s) at the preliminary arraignment, unless the warrant and affadavit(s) are not available at that time, in which event the defendant shall be given copies no later than the first buisness day after the preliminary arraignment. (c) If the defendant was arrested without a warrant pursuant to Rule 102, unless the issuing authority makes a determination of probable cause, the defendant shall not be detained. (d) The issuing authority shall not question the defendant about the offense(s) charged but shall read the complaint to the defendant. The issuing authority shall also inform the defendant: (1) of the right to secure counsel of choice and the right to assigned counsel in accordance with Rule 316; (2) of the right to have a preliminary hearing; and (3) if the offense is bailable, of the amount of bail demanded and the types acceptable as provided in these rules. (e) Unless the preliminary hearing is waived by a defendant who is represented by counsel, the issuing authority shall: (I) fix a day and hour for a preliminary hearing which shall not be less than 3 nor more than 10 days after the preliminary arraignment unless (i) extended for cause shown, or (ii) the issuing authority fixes an earlier date upon request of the defendant or defense counsel with consent of the complaint and the attorney for the Commonwealth; and (2) give the defendant of the time and place of the preliminary hearing thus fixed. (f) After the preliminary arral~nment, if the defendant is detained, the defendant shall be ~iven an immediatv and reasonable opportunity to post bail, secure counsel, and notify others of the arrest. Thereafter If the defendant does not post hall, ho or she shall he committed to jail as provided by law. (g) If bail is set, the issuing authority shall time prior to the return of the docket transcript to common pleas. Note: Oringinal Rule 119 adopted June 30, 1964, effective January I, 1965; suspended January 31, 1970, effective May I, 1970. New Rule 119 adopted January 31, 1970, effective May I, 1970; renumbered Rule 140 September 18, 1973, effective January I, 1974; amended April 26, 1970, effective July 1, 1979: amended January 28, 1983, effective July 1 1983; rescinded August 9, 1994, effective January 1, 1995. New Rule 140 adopted August 9, 1994, effective January I, 1995. accept bail at the court of any RULE 141 PRELIMINARY HEARING (a) The attorneyfor the Commonwealth may appear at a preliminary hearing and: (1) assume charge of the prosecution; and (2) recommend to the issuning authority that the defendant be discharged or bound over to court according to law. (b) When no attorney appears on behalf of the Commonwealth at a preliminary hearing, the affiant may request the issuing authority to ask questions of any witness who testifies, (c) The defendant shall be present at any preliminary hearing except as provided in these rules, and may, if he desires: (1) be represented by counsel; (2) cross-examine witness and inspect physical evidence offered against him; (3) call witness on his own behalf other than witness to his good reputation only, offer evidence on his own behalf and testify, and (4) make written notes of the proceedings or have his counsel do so, or make a stenographic, mechanical or electronic record of the pro- ceedings. (d) If a prima facie case of the defendant's guilt is not establish- ed at the preliminary hearing, and no application for continuance, supported by reasonable grounds, Is made by an intrested person, and no reason for a continuance otherwise appears, the issuing authority shall discharge the defendant. Note: Formerly Rule 120, adopted June 10, 1964, effecttve January I, 1965- 1965; su~pended effective May I, 1970; revised January 31, 1970, effective May I, 1970; renumbered and ameneded September 18, 1973, effective January I, 1974; amended 30, 1975, effective July 10, 1975; amended October 21, 1977, effective January I, 1978; paragraph (d) amended April 26, 1979, effective July I, 1979. RULE 143. , DISPOSITION OF CASE AT PRELIMINARY HEARING (a) If the Commonwealth establishes a prima facia case of the defendant's guilt, the issuing authority shall hold the defendant for court. Otherwise, the defendant shall be discharged. ln either . . case, the decision of the issuing authority shall be publicly pro- nounced. (b) When the defendant has been held for court, the issuing - authority shall: (1) set bail as permitted by law if the defendant did not recieve a preliminary arraignment; or (2) continue the ~isting bail order, unless the issuing authority modifies the order as permitted by Rule 4005(a) Note: Formerly Rule 123, adopted June 10, 1964, effective January I, 1965, suspended effective May 1, 1970; pre~ent rule adopted January 31, 1970, effective May.,'1970; renumbered September 18,1973, effective January 1, 1974; amended January 28, 19B1, effective July I, 1983, amended August 9, 1994, effective January 1, 1995, 1 , 61nlrlll ~" Ent,rtd 83/86/m2 121llS PII by KRO bmth 6 \ DltI Acq 83/86/1992 11/ Acq Codl SEHTUE1. ..;. PrIY StItus W :(t. Sh OIg DltI 11/23/1993 OIg Mlthod A Nut Stat UI Hxt SIs Dlh OIl Lsl Cont I"~'I;;~ pjlYR!U ST[Il DATES 11113/1993 18/89/1993 11/86/1993 18/82/1993 18/2~/1993 8;/C5/1;;3 18116/1993 19/1611;;3 inclpt KrS ,,;,65 RlJtctiDnSl WID COlplny hili Prl Stlrt blY &111 PlY Rsn Ustr blttlTil1 EligibllltYI Ont Till Llvll of Onl Till Llvll of Onl Till LIVII of 1'" nours hiS ICCUIUilllO 14; hours 48 houri nil Olin rllCftIO 999 hours hiS Iccululltld 149 hours WID Colplny Inv I Typ RIg Hrs Othlr Hrl Inv DltI Coord 66961 88666-ee1 EXa ~ R 22.58 e.M 11118/1993 11I1 L Chick 11'7'9' 11/1711993 WElll/13/19;3 ~IYI 126,M - 19.'" 186,5; _-'.696U8666-ee1 em ~ Ii 15... 8.ee 1111111993 WIll L OIlCk 11"228 1111'/1;;3 1i11ll86/I;;~ PlYI a.:--iIl - . '9.75.'- -".25 66967.66-ee1 Em ~;4i>; Ii ~7,Gll e.ee 18l'D/I~;3 11I1 L Click m3fs58 hlW/l;;3 wt1181WI993 iolYI W,6ii - ":,25' 16;.U 66967 88666-ee1 Exa e8mil-; Ii ..e.11I1 5,18 I8IWI993 11I1 L Chrck 'l~eI8 181"/1;;3 WEI18/16/1;;~ iolYI 266.'" - 56.91' "'.93 66967 .66-ee1 Exa CWl886 Ii :lt1.1111 8.1111 18114/1993 11I1 L Clrck ml"5 10/13/19;3 WEII8/89/I993 PlY: 1&8,00 - 38.62' 13 ,. 66;6788666-ee1 EXa ZI .M 18/8711993 11I1 L Chrck 1148662 10/86/1993 WE:I8/02/I993 PIYI 168.00 - 38.62' 137,38 66967 00666-ee1 EXa ~8302 R 22.78 8.00 89/38/1993 11I1 L Chr~ 1139497 e;/~Il;;~ wtle;/iSll;9~ PlY: 127.12 - 19.75' 187.37 66967 88666-ee1 Em t<<l &ILL y -.w,11I1 -5,ee 11I1 L Chrck l19~e e;,Wlm wt:e;/Iii/l993 PlY: -c66.1111 - -56.78' -(e;.:W 66967 88666-tll1 em ~ R 48.0. 5.ee 19123/1993 11I1 L Clrck 11911468 89/WI993 wtle;/lem;3 iolY: 266.ee - 56.78' 2i'J.J8 "'. ~1091o7 lW66~-tlll Eta NO &ILL " ....ee 5.. 11I1 L Chrck .13846. e;/22m;3 1iE11'l/18/1'l'l3 ~IYI aIo.ee - 56,7.. 2i'J,J8 66967 88666-ee1 EXa ~n36 R 38.M .,M 89116/1993 11I1 L OIlck 1137335 89/15/1993 WEI89111/1993 PlY I 168.08 - 38.62 . 137.38 66967 88666-ee1 EXa ~7454 R 35.88 8.M 89/89/1993 11I1 L OIlCk 1136269 89/19/1993 WEI89/I14/I993 PlY: 155.73 - 27.36' 128.37 38452 02473-eee ROSSSTOIlES C838696 R 3i?ee e.ee 114/23llm KRD Click 178594 114/2311;92 WEIII4I18/1992 ~IY: 168... - 35.&1' 124,19 38452 82473__ AC6$TORES C8Ji5J6 R 16." .... 114/16/1m KAD Chicle 177949 11411611992 wtlll4ll1ll;;, ..IYI ..... - 14,37 . 6S.6~ 38131 88886..... (fERI~ Ci3e346 R 4.iS e,ee 114/1611992 11I2 Chick 177". 11411511;;2 WE:II4/1111;;2 ~IYI 2'.44 - 2.88 . 21.56 37247 82473-eee AC6$TOIlES WlI78 R ,..is e.ee 11418211992 11I2 Chick 176787 84/02/1992 WE:83/28/I992 PlY: 121.~ - 25.43. 95.82 37247 82473-eee RllSSSTORES C829'J82 R 48." 6.25. 83/26/1992 11I2 OIlCk 1761" 83/26/1992 WEI83/21/1992 PlY I 2".88 - 5'l.8'l' 187.79 37247 82473_ ROSSSTllllES Ct29a14 Ii 13.. e.. 83119/1992 11II2 -....... .. ..,....,....... ......,.~,.~ ...,. "... ...~ - ""-'" .... .'j . @ \ \ I \ WHEN YOU nllNK JOBS - . nllNX", LyNN HACKENBERG Bronch MJnlser \ 169 W... HIsi' - c.rllllf. p" 1'/OU #0-_-> . ~~. II.. ),/- 9'1' ,. . j ," . '. ... ,- . , . , " . ~'.' .... . CD '. ~::: . '~i'.' ..- / '193" I~/f" - ~- /0 " I II)/t:, - 3'" /0 , . I : IOL'! - ,- /~- I~. i 10//7- _ : -It) : 11.)/1'/' :-/0 la/I' ~ -10 , . /~,/-;j ,.. :-10 , fO/'J.7- ~ ~ -iO , (oj'}.,? '1-/0 ,,' .. \. -...--, .~. am:AL . DISTRICT JUSTICE Dlsrn'.~O. ~l -~- J .' ',,, COMMONWEALTH OF PENNSYLVANIA OEFENOANT;'..' VS. '. (Nam. anI) }mnf"tl{ 'l'OH3IIIP RLICZ lEP~r _ .... ,. ........-irJ-.. .' .:.~l"'.t: :f"', . ' . - ." R5.A. AKA '. ". creby. state: " . rt.... '. 'r~'~ 1_'. ;..: I accuse the above named defendant, who lives at the address set forth above or · ,::,/.~~~:an individual. who&C.Jlame is unknown t~ me but .~~i~ !.;,s,c;~~ a: .,'., . ." .:.'P]~hiSlnic~am~_or popular designation is unknown to m.e and,thereforc, I have desi nated him herein .e;"~~'~-.:. ~. :::. ,....... "Dfllm\ ,-......... , '. " . .:..'.. ..'in'" ,\. 'Counon'i:iifabou artici pan ts were (if Ihtrt wtrt panlclpanU, pia" tilt/r nama 11m. rrptaUng tiI. n';;'" if aba.. dq."danO: " '1iWi.Di. . 0400 IIRS. am AU.1S'm\ a:mwcY AH> Q<.b'" .-1 FIELDS The acts. committed by the accused were: 0 alE ZlrliUUI 3921 - UIDl"& BY '......... 'JV1Ir. at.~TlU:Il'h 'mE I3EFENDANl' Dm " CIWP 'lR\DC D~ l'lJQE nr.2-54~ 'mF. l'lU'r.&u1 or BJ:II.BSNal KmJlS' wrm 'l'8E nnmr '10 IEPUV! :a,-uOlt - . ',. .tIIE\'Il(IBl' PIrJ: ,~.., ,~. 1Ill'lA1E D42-S45D, 'mE m.Jt'tAIY OF llmr~AaI tIJItmS, xrumr; 'DIAT 'IJI! ~UAD .. ~t.ror llEI$ l(~I:>'I"'n...lIRTAT1if'I\. CIl ~ OF wrm nrmrr TO KQlWoro IT .",.,;.-...':'....-...".,....1"'... ~'..~~_~.. '. I ~........ ...~..J'~.\,-. ,""""'17..' ;I - "l'''~'- . , ,...... "',-'.. r-' '", ~ 3928' ~'uWJ . -' 'Au .. ~. . ,. t.l'lATB D42-S45D, aM!) BY DTpr~ACH n,nU<S, Wl'DDJl' nm (1r&~ OF nIE CAD. .y . :a of which were against the peace and dignity of tho Commonwealth of Pennsylvania IIIIlllCOIltrary to .the Act of 'Assembly. ow 'iolatiQlWlf. and of the. Act of (Ste"on) (Sub,steUon) , ,'. ',.-......... . "(FblltkatSub.d/vutonV: .. .:; '. ....' ,." .,' .. - - l-~-, _'6 and that the accused be required to answer the charges Ordinance of warrant of arrest or a summons be issued .l~ha\'e-maae; .,~.. .~"... .(4)1 vcri~Y that the facts set forth in this comPI~nt:~~uc.tnf.~1'I~~esl1.n......MJl'l:.v~4&e or in.!ormation ,'':'.'" and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18~C.~.,. ~~>'~. ~.4904) relating to unsworn falsification to authorities. ~,,~1' USia ,19 '4 E. D NOW. on this date Octo~jil'- 26, ,19 94 ,I certify tb . .:',~ "::h" "'" i, _. a,. r~ i~~~" .ro..~ " .,.:'#" ~ ....... -/ . , . . f;(~" c-i-. . ::( if ) ./ ',,' ..... o. '".. IfC(jiii~i~icd..nd" '. '... . ;r" ;' . '. ;-..~ - . I : /. ~., ....\., 1- ......, ~,\:\.SI!A. ) ) , . .......:J...... _ WARRANT To any authonn:d perlon, Purluant . you ~ommandelillo_ arrest ~ I' to this warrant. I. : .i defendant. \ y;..Pcnnsylv a .' 'i" undersigne at , , ~ ,- Complaint , -'~_....,- ........-. .~.' Commonwealth f I he before e w r the foreaoing , " (SliU 'l'~~~;' .-:;:p" . ~~.. ; ,... '. . ,. ( ""'" A tX'~.;J.o I ( M.,ul<rlaJ DlJIrld) ./" ",,' J' ~ DEFENDANTS V(I...... - Continuation Sheet Arrest Of CORY ALLISTER CORMANY '. . I , ..;.--,...", PA. mIMES ODE S&:I'IOO 3502(8) - BlJRGU\RY: 11iE DEFENDANr DID WILFUllY, MALICIOUSLY, FELONIOUSLY , "AND BURGlARIOUSLY ENTER WITIlOlJl' LICENSE OR PRIVILEGE, A CERTAIN BUIlDING OR OCCUPIED srnuClURE, ._TO WIT; 11iE DEFENDANr DID ENTER BIDLESPACH MJfORS AT 1603 SPRING RD.. OR SEPARATELY SECURED OR -OCCUPIED PORTION TIIEREOF, WHICH SAID PREMISES WERE Nal' TIIEN OPEN TO TIlE PUBLIC. WITII 11iE INl'ENI' TO CCM1IT A CRIME TIlEREIN. PA. auMES ODE S&:I'IOO 3503(8) (1) - auMINAL 1RFSPASS: 11iE DEFENDANl' DID, KNGlING TIlAT HE WAS NOr LICENSED OR PRIVILEGED TO 00 So, 1:;N!t;K OR GAIN ACCESS BY SUBTERFlJGE OR SURREPrITIOUSLY REMAn IN BIDLESPACH MJIORS AT 1603 SPRING RD.. A BUUDING OR OCCUPIED srnuCWRE OR SEPARATELY SECURED OR OCCUPIED PORTION TIIEREOF. PA. auMES ODE S&:I'IOO 3304(8)(2) - ammw. MIsam:F: 11iE DEFENDANI'DID INl'ENl'IONALLY OR RECLESSLY TAMPER WIlli 1HE TANGIBLE PROPERTY OF BIDLESPACH MJIORS WHEN HE DID PRY OPEN 1HE FRONl' OOOR TO GAIN ENTERY AND DID CAUSE DAMAGE TO A STEERING COUlMN AND SUNROOF OF A VEHICLE, ,A.:jgS7 FURD MUSTANG, PARKED TO 11iE REAR OF 11iE PROPERTY. I verify that the facts set forth in this canplaint are tl:ue and correct to the best of my knowledge or information and belief. 'IhU wrification is uCla subject to the penalitie. of Section 4904 of the Crimes Code relating to unswrn falsification to authorities. ()d-dwJ ;;, . ,19~ It r( ~-<Y-'IL ) if-&nat~ ~inant And now, on this date!)./' :)(. ,19 9rL,I certify the complaint has been properly canpleted and verified and that'tfi'e're 15 probab~use for is~'_-' f.P=~ /J 09- ~- tJl ~~R{ ~~ (SFAL) ~~gisterlal Dist. ssulng Authority ----.... ( . -...~- \ ' ( 'r \ ;1 PIG: 1 OF 2 M~DAVIT RIDER CONTAINING PROBABLE CAUSE FOR TH~ANCE OF A WARRANT OF ARREST " . "I '{OR CORY ALLISI'F.R CORMANY 60 SOITrn SIDE DR. tmoNTlIF, PA 17761 O.O.B.: OR-17-hh ON 10-10-93 AT APPROXIMATELY 1140 HRS. EDWARD BIDELSPACH, THE OWNER OF BIDELSPACH MOTORS, REPORTED A BREAK IN AT THE BUSINESS AT 1602 SPRING RD. IN NORTH MIDDLETON TOWNSHIP. THE BUSINESS WAS FORCIBLY ENTERED SOMETIME BETWEEN 10-09-94 1800 HRS AND 10-10-94 1140 HRS. ENTRY WAS GAINED BY PRYING OPEN THE FRONT DOOR. ONCE INSIDE THE BUSINESS THE PERPETRATOR OPENED A GARAGE:boOR AND BACKED OUT A PICKUP TRUCK THAT WAS INSIDE. THIS TRUCK WAS LEFT OUTSIDE. THEY KEYS TO ANOTHER PICKUP TRUCK WERE TAKEN FROM INSIDE THE GARAGE AREA. THAT PICKUP TRUCK, A BLACK OVER SILVER 1984 CHEVROLET SILVERADO DISPLAYING PA. REGISTRATION PLATE 0425450 (VIN # 1GCDC14H5ES125313), WAS PARKED OUTSIDE THE GARAGE. THAT VEHI~LE WAS TAKEN FROM THE LOT. .. A 1987 FORD MUSTANG, PARKED TO THE REAR OF THE BUILDING, WAS FORCIBLY ENTERED THROUGH THE VEHICLES SUN ROOF. THE IGNITION SWITCH WAS REMOVED BUT THE CAR WAS NOT TAKEN. ON 10-14-93 AT APPROXIMATELY 1235 HRS. GREGORY FIELDS WENT TO THE CARLISLE POLICE DEPARTMENT AND SAID THAT HE HAD INFORMATION ON A PICKUP TRUCK THAT WAS STOLEN FROM BIDLESPACH MOTORS. HE WAS MlRANDIZED AND DID SIGN A WAIVER OF HIS RIGHTS. HE THEN GAVE A STATEMENT THAT HE WAS OUTSIDE BIDLESPACH MOTORS WHEN THE TRUCK WAS STOLEN. FIELDS SAID THAT HE AND CORY CORMANY WERE 11ALKING 01. SPRING RD. AT ABOUT 0400 HRS. THEY WERE WALKING PAST BIDLESPACH MOTORS WHEN CORMANY SAID "COME ON" AND WALKED OVER TO THE CAR DEALERSHIP. FIELDS REPORTED THAT HE STAYED ON THE OTHER SIDE OF THE STREET. HE REMAINED THERE EVEN THOUGH CORMANY TOLD HIM SEVERAL TIMES TO GO OVER AND HELP HIM. HE COULD NOT SEE WHAT CORMANY WAS DOING. HE THEN SAW A GREY PICKUP TRUCK IN THE PARKING LOT AND THOUGHT THAT SOMEONE CAME. HE STARTED TO WALK AWAY WHEN A PICKUP TRUCK PULLED OUT OF THE LOT. IT TURNED NORTH ON SPRING RD. BUT THEN TURNED AROUND AND CAME BACK TO WHERE HE WAS. THE BLACK AND GREY PICKUP TRUCK PULLED UP AND CORY CORMANY WAS INSIDE. FIELDS GOT INTO THE VEHICLE AND THEY DROVE AROUND FOR SEVERAL HOURS. THEY THEN PARKED THE TRUCK AT THE CARLISLE HOSPITAL AND WENT THERE SEPARATE WAYS. CORMANY KEPT THE KEYS TO THE VEHICLE. ON 10-19-93 THE VEHICLE WAS RECOVERED BY THE PENNSYLVANIA STATE POLICE IN A CORN FIELD OFF OF LISBURN RD. IN SOUTH MIDDLETON TOWNSHIP. ON 10-13-94 AT APPROXIMATELY 2000 HRS. GREGORY FIELDS AND AN UNDERCOVER OFFICER OF THE PENNSYLVANIA STATE POLICE, CORPORAL THOMAS MCDANIEL, WENT TO CORMANY'S RESIDENCE LOCATED AT 60 SOUTH SIDE DR. IN PENN TOWNSHIP. IN THE PRESENCE OF CORPORAL MCDANIEL, CORY CORMANY AND GREGORY FIELDS REMINISCED ABOUT THE LAST TIME THEY SAW EACH OTHER. FIELDS ASKED CORMANY IF THE 'I'RUCK THEY TOOK WAS A ~ON ;qjUED) /'J_ ~n. " . ay' Executed tnis ....~.... d:/y l<'Cl(j.~.... .... 19.7.. . r (, . tl L . .-1Lvfj. (Signature of Af ianl) , @ 2 Personally appeared before me on .... .......~..:J.6.., 19J.y Ihe AffianT above named. who. being duly sworn (affirmed) r I to law ed Affidavit Rider in my presence and deposed and said that the facts set forth therein a true a corre to I t of Afflanl nowledge. Information and belief. (SEAL) ~, _ u ., 71 . PIG: 2 OF 2 L JAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST FOR CORY AlLISTER CORMANY 60 soorn SIDE DR, NE.WJIllE, PA, 17241 0.0,5.: 08-17-66 FORD. CORMAm: REPLIEO THAT IT WAS A "CHEVY SILVERADO" AND THAT IT "HAD A DELCO RADIO". CORMANY WENT ON TO ADD THAT IT WAS A TWO WHEEL DRIVE AND THAT AFTER HE HAD DROPPED FIELDS OFF HE CONTINUED TO USE IT. CORMANY SAID THAT THEY HAD A GREAT TIME DRIVING ALL OVER PERRY COUNTY AND THAT FIELDS ALSO DROVE THE VEHICLE THROUGH DUBLING ;GAP. . E"'"'''~"drl::.~.. 19'iy , f t.".~ ~.J Personally appeared belore me on ~J.h......, 19f.~.., the AllIant above named, who, being duly sworn (allirmed) according to law, signed this Allldavlt Rider In my resence and deposed and said that the lacts set lorth therein are d c~ to~ est 01 All ts knowledge. nformatlon and belief. ~L [SEAL) (ISSUing ulnor Iy / COMMONWEALTH OF PENNSYLVANIA COUNIY OF: CUMBERLAND NOTICE OF CONTINUANCE MIiQ OItl No: (1\ COMMONWEALTH OF PENNSYLVANIA 09-2-01 DJNarne.Hon . PAU~ P. CORREAL Adcl_, EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA T._, (717) 240-6564 17013-0000 -, VS. DEFENDANT: ,... NAME w AIJOFlEBS 'CORMANY, CORY ALLISTER 1883 DOUGLAS DR. CARLISLE, PA 17013 L .J CORY A. CORMANY 1883 DOUGLAS DR. CARLISLE, PA 17013 Docket No.: CR-0000529-94 Date Flied: 10/26/94 OTN: E 726607-0 18 53921 55A THEFT BY UNLAWFUL TAKING (Charg.) 18 ~3925 ~~A REC. STOLEN PROPERTY (Charg.) Please note that the hearing in the above captioned case, which was scheduled to occur on: has been continued to: 2/08/95 . ..Rl!le:. 3 01 95 11:00 AM Place: EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE PA 17013-0000 " me:. ;~.-.- If you have any questions, please contact this oIlice immediately. To appear as witness: FIELDS, GREG . ~....._,,,,. - ---:'---................._::.-~.... ,-" .... MCDANIEL, CPr.. THOMAS f . . - . Continuance requested by: DISTRICT JUSTICE ..\. If you are dlubled and requ~r nee, p~ontact the Maglaterlal D..latrlpt-ol'llC8 I\the addr... above, .I /J ~ ~, '. .. ., ~ ~ p. ~ 1 C . - /J t"+.' _ HAl ,j') '.. j.. - f -I ~ Date ~~'e'L l,::::iU""....' __ ;J _ ..'~isirict Just19,e J S-!..... -, My commission expires first Monday of January, 2000. . EAt: . . ~. .' ..., : .' ~. ~ " t',....... .... "'" . ..... ~,......" AOPC 616-94 PRINTED 2i09/9510oe17 ~ Nt, .... ~:.2-0,l DIS'l'tU."'. ...... - - - COMMONWEALTH OF PENNSYLVANIA ,...,...--- . I , .. I i NOTICE OF CONTINUANCE I ' I lARGE" CR-0000529-94 COMMONWEALTH OF PENNSYLVANIA VS coRMANY, CORY ALLIS~ER DESCRIP~ION S392S:SSA UNAUTH. USE OF AUTOMOBILE S3502\SSA BURGLARY S3503SSAlI CRIMINAL ~RESSPASS S3304 'SSA2 CRIMINAL MISCHIEF ,. ... ...,.... "'r~ -.,'. . .... ...:;: .. .\; . ...~t. .~ ..,. ,., ,. ....':.f......-- .... ~:, ,..- - .....,..' .-..~...'. \ \ I I \ i ! " , .-,.-~.,-'..~...;7""..- 7"~ ....,....-..,-. 1"'- ':,~_"'''''_'7 -.....""'..~... ..:.~_o.--- ,.,.., -". t-<. _.... .-.. ..' ..' '._" 't " " ~l . -- . " " I. Ir '. \ ,,~' ~.....l' 't - .~ . PRINTED: 2/09/95 10:07:23 _ _.----_._---_.~--~---- --.....---..---..- --------.--- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF CONTINUAl , 09-2-01 G) COMMONWEALTH OF PENNSYLVANIA ""'G.D""'., OJ N.m.dioll c' . :".1 .'.... .....~ " PAULA P. CORREAL ~, EAST WING - COURTHOUSE , 1 COURTHOUSE SQUARE CARLISLE, PA T~:nI7)240-6564 -, ,'.' ~,.... , . I"" H~', ~.~ . 17013-0000 DEFENDANT: ~ NAME atId ADDREBB 'CORMANY, CORY ALLISTER 60 SOUTH SIDE DR. NEWVILLE, PA 17241 L VS. ...J ~~_.... - ,.., ., . '-:fr~'-' - - ..-- .....,..._I'>~-,.. ''t~' r'" _.~..- o :. , ... CORY A. CORMANY - ~'. t~-;.. " " .. .1' '. 18 S3921 18 !t3925 SSA THEFT BY UNLAWFUL TAKING (Charg.) S!tA REC. STOLEN PROPERTY (Charg.) Please note that the hearing In the above captioned case, which was scheduled to occur on: has been continued to: 1/18/95 TIme: 2. .0,8 95- 2:00 PM __ ,Place: EASop..;wj"G :0::'- 1 COURTHOUSE SQUARE CARLISLE PA 17013-0000 '.....: - .Date:,,! - ," II you have any questions, please contact this office Immediately. ... .-. ..'-~ .-- --. -'..~ ....- <~ -,''l'o:appe~r,aswitness:.~~ ~. ~ . FIELDS, GREG, , ..:-~.,-'- "-...'h-~..' '-,--'-" . ,.. .~ .wo;... . . . . ( :".;,'.. . I '-'-"- < , ~ MCDANIEL, CPL. THOMAS , Continuance requested by: DISTRICT JUSTICE ~_._l_~__.__'__'._""'" ..... . . ------.---.--.---;.-... -...-----' - --. , Iry~u Ire illllbled end require 1..lltlnee, ple.e contact the Magllterll' Olltrlct otne.... the addr... above, Date Qf~ (?~~'" t;- ,D~rIdJusta mission exptras first Monday 01 January,. 2000 ' , SEAL ' ~ ,. . , "'OPe e16-aoI PRINTED , /17195 , 2 !lII:48 r , ..vt /-01 '~'. I ~-~'~, DISTRICT JUSTICE SYSTEM COMMONWEALTH OF PENNSYLVANIA PAGE 1 ADDITIONAL CHARGES ~r ' ':~(. " ,': NOTICE OF PRELIMINARY HEARING CR-0000529-94 COMMONWEALTH OF PENNSYLVANIA VS CORMANY, CORY. ALLISTER DESCRIPTION . ' :-'- '\ / CHARGE 'l" " ,. ' 18, S3928'SSA UNAUTH. USE OF AUTOMOBILE ;18CS3502"'S5A'BURGLARY' ." 18J S3503 SSAl! CRIMINAL TRESSPASS 1~ 53304 SSA2 CRIMINAL MISCHIEF I , i ~-r~,.~ -.:!. . - -, - ~ .;~ t,-" f' ;" ,', "'.. ",t' ;1\- . ~~~... * .......L\ .! Y~"::. "\' . .~.-..\ '".' ..~...... ~ .... .- - ":a. I " i - 't.. '-I"" \~-:. , ~. ) ..... " -.::!'.-:.--:".;..~~._...~~._"- ___..i'._.~~ I . ~. - .. {'\ I " ( ~ 0./'(1 c ' c I. \j ~.-- " :Ii ',I . .' , ..... - ~ ;, ~ . _-:... .....~_. ~_r. . "71Wt.l. .~. ...... . , , .~.~ .. ",- . . ~ . :1' i . l ,. ~ ' ... \ ,o"' " ., :~ ..; l~ "',' . .. .at,. . ....-...,.... ~. _. PRINTED: 11/15/94 9:'4:29 .__ _~lt...._ . .I!"... .... --' ..-- .. __.....I "- -~_.. ~._-- COUNTY OF: CUMBERLAND ,. IQ ()lit No 09-2-01 OJ Name Hon PAULA P. CORREAL "'d_ EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA T_ (717) 240-6564 17013-0000 CORY A. CORMANY 60 SOUTH SIDE DR. NEWVILLE, PA 17241 -- '\I: __r ~ . S5A THEFT BY UNLAWFUL TAKING (Charg.) SSA REC. STOLEN PROPERTY (Chorg.) - . . - - _. - - .. .. .. .... .. _.. ... .. - - @ COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME... AOOREllS rcORMANY, CORY ALLISTER 60 SOUTH SIDE DR. NEWVILLE, PA 17241 L Docket No.: CR-0000529-94 Date Filed: 10/26/94 OTN: E 726607-0 .., .J . _. :"e-"_..___--., , . . ..40-----:.:;-~--..----:"..,-....-.:.""'l~:~...:........ t: . :;. .18 53921 18 S3925 Please note that the hearing In the above captioned case, which was scheduled to occur on: has been continued to: Date: Time: 1 18 95 11 : 00 AM EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE PA 17013-0000 Place: If you have any questions, ploase contact this office Immediately. To appear as witness: FIELDS, GREG ~" :-..... .-- -MCDANI'EL}~ c~i. "THoMAs-- i 12/14/94 . ~-" . ..-." ...-- ~ . " - "...'... ; .. -:T""T---- -.- .-. --. '''-'''-''.'_ .". ..,.,. , .... ..:.- 7,-- _-.'t. -...c....;..-_.... ,,~ Continuance requested by: DISTRICT JUSTICE , If you Ire dlslbled Ind require 11.I.tlnce tOC2urt, plelse contlct the Mlgllterlll Dlltrlct ofllce It the Iddre.. Ibove. I~ Date ~~.,f ~ /Mol. , District Justice My commission expires first Monday of January, 2000. "OPe 6 1 &-94 PRINTED 12.IlM14 14:4325 ".',,: .. . . i;' r. .- ~.. :/... . '~'I ~. taT?- :r-.... I ........~ COMMONWEALTH OF PENNSYLVANIA C UNTY OF: CUMBERLAND . ,'. NOTICE OF CONTINUANCE -, Mfg. DIll No,;, cD COMMONWEALTH OF PENNSYLVANIA 09-2-01 OJ N~: Hon. "': PAULA P. CORREAL --, EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA T_: (717) 240-6564 17013-0000 -, , , , VS. DEFENDANT: r- NAME Met AOORESS 'CORMANY, CORY ALLISTER - 60 SOUTH SIDE DR. NEWVILLE, PA 17241 , L .J CORY A. CORMANY 60 SOUTH SIDE DR. NEWVILLE, PA 17241 Docket No.: CR-0000529-94 Date Flied: 10/26/94 OTN: E 726607-0 , " '. --'. .... ..- . .", ......,.:.~~._.:::.~....' ..:....-..:......'---:!. , .. . .-.--,,,.,....." oI'::;'-':'1irM_'".~."':.....:;ltI&o~,._~.-. __~ , . l . _. ~ AI" ..- -, ...;..- _..;... . . is 53921 55A THEFT BY tmLAWFUL TAKING ~ (Charge) j'1..i'<i3925 ~~A REC. STOLEN PROPERTY , IChorge) . Please note that the hearing in the above captioned case, which was scheduled to occur on: .... . ", has been continued to: 1l/:!3/94 Date: 12 14 94 Place: Time: EAET WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE PA 17013-0000 1:45 PM . . If yO\J have any questions, please contact this office Immediately. ........_ ._5 , . .' To appear as witness: " . ./IELDS, ?~~~, ',~ - - .:.:; '''~f:t,..~ " ~CDANIEL, CP~. THOMAS ~:"-'.L.......:. ~._'.____,~_--.. ...__~._......_' COl'Jtlnuance requested by: " ! DISTRICT JUSTICE Ir you are dlJlbled and require aUla'(2e, nd C~,I I~ue contact the Magllterlal Dlltrlct office It thl addreu above. 'C~ ,_ () , " { .11=:1~Date .::,,(: ," "~" .,.2I-'f1l'" ' District Justice , ~ ..'.. f: My commission expires first Monday of January, 2000. SEAL AOPC 816-94 -...... .... PRINTED 11117/941541'55 .... , COMMONWEALTH OF PENNSYLVANIA VS CORMANY, CORY A~LISTER DESCRIPTION ,,1 .. DISTRICT JUSTICE'SYST~M COMMONWEALTH OF PENNSYLVANIA NOTICE OF CONTINUANCE CR-0000529-94 CHARGE , 18 53928 55A UNAUTH, USE OF AUTOMOBILE 18 53502 55A BURGLARY 18 53503 55A1I CRIMINAL TRESSPASS 18 53304 5SA2 CRIMINAL MISCHIEF . ,( " .....- J.-' ..( . _~ c' . .I.~.---. ~ .~ ..:.<.-~._ .,..._.... '\, - " " , , i ~ ..' .. -, ... .,., -, -_~ '.-_ . f . , ~. " ,~ .,{}:~ .' ) . ".. ~, * i " . , '. , '" . . . , , ! PRINTED: 11/17/94 1!i:44:24" ) .' " l' . . PAGE 1 ADDITIONAL CHARGES '. " . .w h .~'- H' . ...... . "~,"~' , ....'" ..,:';':!';., .' !, .'. ' ... i ,'0, .' ':," If ~ , t. I '. " 0', . , ..r... ", ~i:l .1:" , " J,_. I .' , . , l. ~' ,', " , " . . ....t. , . 09-2-01 NOTICE OF PRELIMINARY HEARING COMMONWEALTH OF , COMMONWEALTH OF PENNSYLVANIA " COUNTY OF: CUMBERLAND Mag. 0It\. No.: OJ Name: Hon. t~~ PENNSYLVANIA . il 1 PAULA P. CORREAL --, EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA T_, (717) 240-6564 17013-0000 DEFENDANT: _e ond AOOAE98 rcORMANY, CORY ALLISTER 60 SOUTH SIDE DR. NEWVILLE, PA 17241 L" ," .. Docket No.: CR-0000529-94 Date Flied: 10/26/94 OTN: E 726607-0 VS. 'It' / , . 'j 1 ,. ~ -.-~""CORY-A'. CORMANY i <'J 60 SOUTH SIDE DR. i NEWVILLE, PA 17241 I . '.J -~'..~ 18 53921 5SA THEFT"B~LAWF.uL-'rAKING (Charge) 18 53925 5SA REC. STOLEN PROPERTY ICharge) NOTICE TO DEFENDANT -,..- ,~ A complaint has been filed charging you with the offense(s) set forth above and on the anached copy of the complaint. A preliminary hearing on these charges has been scheduled for: Date: 11 23 94 Place: ---..- EAST--WING "'-COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-0000 If you fail to appear at the time and place above, a warrant will be Issued for your arrest. ~ .. At the preliminary hearing you may: (JaC-. I ~ 1. " , ~e represented by counsel; (; t.j g 2. Cross-examine witnesses and inspect physical eviden~e,~ered against you; 3~ ., Call witnesse~n '/fjiJr 6'etialf atHer than ~~"-dtbiWst'lIY to your g~'rejJlitatlon only, offer evidence on your behalf and testify;' , 1Jme: 1:46'PM ,.-" . ".....-'-.'.,: . ,- ., '\ ' ~,:: ~ }.,':", ~, 4, Make written notes of the proceeding. or have your counsel do so, or make a stenographic, mechanical or electronic record of the proceedings. 'If you cannot afford to hlr. .n .ttorney, on. mey be .ppolntecl to r.pr...nt you, Pl.... COntlct the drilc. of the district Justlc. for .ddltlon.llnform.tlon r.g.rdlng the .ppolntm.nt of .i1lttomey. '" .~ If you have any questions, please call the above office Immediately, ~Date , District Justice " My commission expires first Monday of January. PRINTED: 11/15/94 COMPLAINT NUMBER: A95378 DATE SIGNED: 10/26/94 EAL ---. -Yn~R.l"'_. _ , . CERTIFICATION OF BAil AND DISCHARGE rOUce cAsE NO o~ NO CP 'ERM'~ OTN COMMQtNYEALTH VS fDdentWC NaTNt IIf'td AdchssJ Cory Cormany 1883 tough I; Dr1 vo carl1sb. Pen'\sy1vania 1(01) " 0 ROR (no surety) 0 Nominal Bail .0 Bail lolalamounl set if a s10 000 00 ~ 0 Conditions 01 Release (aside bom appearing at COlfl when required:) ;, . , CHARGEISI CATE OF CHAnGE(~1 /~ (~ NEXT COURT ACTION OA.TEANOnME LOCATION ( . i' TO; o !?elentlOl1 Center o Other p~ ~ ..,. ,~ -:'.. .;'.. I hereby certify thet sufficienl bail has been entered o By the defendant 0 On behall 01 lhe defendanl by: . '.. (attach addendum, if necessary) SECURITY OR SURETY lIF ANY) o Surely Company o Professional Bondsman '0 Realty .0 Other ......R (~& Aci:hsI 01 ~I tL.ltMM No} . Refund 01 cash bail will be made within 20 days after n',. ' .. . 'final disposition. (PaRCt.P. 4015(b)) . Refund of all olher types 01 bail will be made promplly after 20 days loIlowing final disposition (Pa.RCt.P 40 ISla)) . Bring Cash Bail Rece.pllo Clerk of Court JUOGE OR ISSUING AllTHQRlTY APPEARANCE OR 9AIl BOND THIS BOND IS VAUD FOR THE ENTIRE PROCEEDINGS AND UNTIL I'ULl AND ANAL DISPOSITION OF THE CASE INCLUD- ING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERT10~1 OR APPEAL TIMELY FILED IN THE SUPREME . COURT OF THE UNITED STATES. IXSCHARGE TIlE ABOVE.NAMED ~FENDANT FROM CUSTODY IF ~TAlNED FOR NO DTIlER CAUSE THAN THf ABOVE STATED Given under my hand and .Ihe Ollicial Seal 01 this COIJrt. IhlS 1S;+" davof p~\h"",hnl" , 19-9. ISEALI (Oen< 01 Ccut " ..,., A/JttvII)' J ( t. ;' WE, THE UNDERSIGNED, defendant and aurety, our successors, helniand assigns, arajolnUy and severally bound to pay to the Commonwealth of Pennsylvania the sum of dollars ($ ). SEE REVERSE SIDE FOR BAil CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) ,Principal and hereby cerllly tllat tile amounl paid by said PrIncipal to said Surety fa< bail n tile _ malt1lf is S and thaI no lurtllor sum or SUlIlI is 10 be paid tIlerelore by tile said Principal or anyone on hiS behalf Ill! further cer~ly thaI said Pnnopal has given 10 5aJd Surety counler ind.mmty tonSISbng 01 01 the value of $ as f~lows; ,Surlly. and no further CUIIter irmrmlfy I' 10 be grven the said SIItty '&tlpl Ill! further Cer1lty Il1at ll1ere lit no ~ts against Ille said corporate SlIIly llItslanlling and ~ fer . pertod 01 ""'. Ihan lhilly llIys bom Ille dill olllle Il11ry 01 _ iJdgmenl except tho.. In w~ch a pebtJon 10 open or vacale !he iJdlJlltl1t has been filed and remalllS undisposed 01 Dated' ,19 I_I fSf.AI.I MUST BE SIGNED IN PERSON BY THE APPROVED AGENT '_I ISEAII I ACKNOWlEDGE THAT I AM LEGAUY RESPONSIBLE FOR THE FUU AMOUNT OF THE BAIL x <0.:; 'SEAL I The /oIfClNlllg ackncMledgemel~ IS also ~ i/ Petcenf8Qe ~ Bail IS ~ THIS BOND SIGNED ON al ,,, 19_ PENNSYLVANIA (SEAl! a SlI8f\' (May be Bcndlrrna'I, 8/11I Aga<1cy, (]I ~ rdvId. . Won) &cep/ .."." doIlnWrI is "'*'- (]I) IlII """ (ROR), tho mus' be 11I1*1 in 11II bell 1I1U11lOt11, inCt.ong bail. , " Signed and acknowledged be""" me IhlS day 01 ,19_ ADDRESS Of Sl<<TY sunt Tv (,('NtPAHY rn ~rO<<'lANl (Qn: a Ccu1 01 ~~! " . In case 01 cOtPO/3/e slIery bilIl. _ 01 AlfOmey must be aW'Xed to txlnd 01 otherwise bond is lfMJiid DEFENDANrS COPY ~ ~ lW' ~ ,........t.... ~ & ~ "- . tl case 01 Pm:enIago CdSh /la,1 .. Nom""" 8&/. "- rJ AtromPv IS not mQUfr8(1 WOJ'l: Ht l'Il . .lo CORY A. CORMANY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . V. . . . . . . GREGORY FIELDS . 95-5222 CIVIL TERM . J.J. SANCENITO . . PAULA CORREAL, . . Defendants . CIVIL ACTION - LAW . ORDER OF COURT AND NOW, this 17th day of OCTOBER, 1995, the plaintiff is permitted to proceed In Forma Pauperis. By the Court, CC\ H ro d E. ~. P.J. Cory Cormany 1101 Claremont Rd. Carlisle, Pa. 17013 lsld }'~ 1.','_' '-1 f':J . i " J' J ' , '\ PLAINTIFF CORY A. CORMANY OC ! (I:: iJ9S IN THE COURT OF COMMON PLEAS OF THEk" COMMONWEALTH OF CUMBERLAND COUNTY v. CASE NO. Cf 5" - 5 ~ :l.;1.. Cvv.J. .::r:e~ DEFENDANT GREGORY FIELDi J . J. SANCENITO PAULA CORREAL CI~IL ACTION - LAW JURY TRIAL I Cory Cormany, declare that I am the petitioner/plaintiff in the above entitled proceeding; that, in support of my request to preoceed without being required to pre- pay fees, costs or given security thereof, I state that because of my poverty I am unable tc to pay the costs of said proceedings or give security thereof; that I believe I am enti- tIed to relief. The nature of my action, defense, or other proceedings or the issues I intend to present on appeal briefly stated as follows: L r=:,,\,c ~...,...((., "''',"", d. ("\c.\.":,:....., "10...,, .\' ~'o<.<\~ .~ ~~,~.....,-- '1 "''-'\'"",-,,<'<' In further smpport of this application, I answer the followin guestion. 1. Are you presently employed or working? (No) I have not payed any Federal, local, or state tax in the last six (6) months. In the month of January, of the year 1995 I did earn approximately One Thousand and 00 Dollars (1000.00) 2. Have you received within the past twelve months any money from any of the following sources? (a). Buisiness, profession or other form of self employment? (Yes) (b). Rent payments, intrest or dividends? (Yes) (c) . Pension, anuities or life insurance payments? (No) (d). Gi fts or inheritances? (Yes) (e l. Any other sources? (rlo) I did earn and receive wages over four (4) of the last twelve months. The amount of these earninRs are estimated to be less than Three Thousand and -. 00 Dollars (3000.00). I have received intrest and dividens in the form as said. The intrest compounded, was in the form and in the amount of less than One Hundred and 00 Dollars (100.00). The dividens over the last twelve months is said to be a negative number according to oringinal investment. The dividens are said to be a lost investment. I also received approximately Ten Dollars (10.00) weekly over the last eight (8) of the twelve (12) months, (gifts). 3. Do you own any cash, or do you have money in checking or savings accounts. (Yes) I have approximately Twenty and 00 Dollars (20.00) in my checking I savings account. 4. Do you own or have any intrest in any real estate, stocks, bonds, notes, automobles or other valuable property (eXCluding ordinary household furnishing and clothing)? (Yes) I had a sharehold of stock with a consortium group, however the amount cannot be distinguished without accountability of withdraw, the dividens are in the negative area and a withdraw is not at present possable. If I were to speculate I would say that the involvement is now a loss. I had realestate on a lease basis, relevant to ownership, how- ever have discontinued payments and contract due to my status of incarceration. The investment is now a loss and I am unable to speculate value of household furnishing and clothing at present. I have a motorcycle that is in recondi- tioned state, if I were to place value on the object I would speculat Two Thousand and 00 Dollars (2000.00). However the motorcycle has been impounded and taken by the Carlisle Police Department and I cannot actually speculate value or current condition. 5. List the persons who are dependant upo.. you for support, state your relation- ship to those persons and indicate how mwch you contribute toward their support. I have an unsecured loan with my father and the payments are approximately One Hundre,j and 00 Dollars (100.00) monthly. r have student loans , 'cHEri [r.T' FFTi'!\11 CASE ~!iJ, l'JcI5-0:\::;:~: r COMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERl.AND CORMAti] .,-OWC b.... V5. EIELpS GREGORY ET ..Al-___ _B..!._ ..IJ]9maS __I':l~J..'~_~___ .' t l o-'l 1..1 _~ . t.,_, l~lw. :':;.:;ly::;. th;jl, h,~ If'.].j~? .\ 11lJ(J"ilt, :':'-:'-Jl(::,h ,-~fl_~ l;I'l'.;tl ~ 11,lr +'h~' wlt.hlrl :. I ' '.. [ , ,~ ,~ na~,.~.j deferlddot. to ....1 t.; FJEL.I<_, C.F.Fi,ll"F--':' but W~E unable to L0,:~t~ H l!~ :;1 ~ 1 .' ! to he C,-(lI1r..I,.~Jl!T NOT. fOU!:lI' ;JZ 't'.:.'. t:--,,_, ....l.r"l~ "'.J~>:~'-1 ,~. t,-" FJ~l.-J~'_5.. l2RJ::;:,";-Ej'__ Ill:t Fi ititi!; \fIo'r- ':WIIJ TI o3l.:,.:r:,r\,11L.} . . d:':.: ""'1 '.-V. H€ ~h~Iefr'r~ re~T;l-rl:' 6I. ~:;'THE;ILM.1'.fiJ;SSE:f't.. SUT WE yU,E: ~i:" DLf. ....- ~-~~F._ r'Q_~__~N'J~ ._6._lYI .!\I A[<OVE AI",[iEE:S~. A:"~"~~,~ ~.:,;". .\iF ~ t, ~:- r .1 f l' . s (' ,-, < .. ."' . r".<~:t:'t.lnCJ ':: I;? r '} 1 ,~. ~,' i~. . . . Ct" ','\:' ,"C'" :.. ~ : : "i d\' 1'" ~ u r: h .]. 1" '! ...., .::',,,,:,1' ;'-~ ar):j ;--:,ut:. , ~.~... ~ ~ ,: t'\~ f-'t'!~ ."c. .,:~~,-."',. . >.' " ~ . r.-e. t~,r... .--I,.j', '1:>: ". Chu- ~.. )~t~ · Jr, ....- ..-..,v/. %:-/ -~ ..-...-..' -''''r ,".-j, ~.~I!, [.,.', -~,'~'l. to ,diU-; I fT'., f-y,1 i!-,,< h: 1):. It:-, CASE Nel: 1995-052:~ r COMMONWEALTH OF PENNSYI,VANlA: COUNTY OF CUMBERLAND COH_M i'rfi __CQR 'L~,___,_ vs. [IELDS .GREGOB~L,A,~..,_..... _1':,E N NEI,tLE-,___Q.Q~:;;ER.T._,_, :,r:('1'111 .,; !"..pu":.' .....:,~J.}rlf! '.If CUMBERLANE' r~nUfl t y, F'Pfltl::.;y! van l~, ...he, !:,_,.,,:, rh~ Iju i '.' ",,"..f!l -I' '. r) I ! 1 (1:] tCl 1.~w, S[iY8, ".he wIthIn ~:.'=.i~.~I--,I\.l.tLI____ W,t:: ~~.~'I .....~d \'pon ';2ANC..EtUTCLL),___ t t I ,__~ ch!fendant, -It __J..11.~_:_.52~,1 tk~UF;~~, on t.h'2 _' ;~) ,j.jY OF! ('t:i. 'b_'~~t 1'?9~~ 'It _lH-2P.lJLJjJ.~~~,-iJ~;~TQH_J'_;:)_~~ILf _t~r;:.f.T ~{'.'!-:-JH 0I:.[:t~Fl::='!.. F-. ~iAI CARLISLE FA j70!? _.___._.____~______._H.. _..__. _"'_ ..._.. i.(lvn't,', Fennsyl\!anlt1. by ~J'~]flj.lfl~~ + ,-, , i~ _IJ;'~ F.fi" i ';!1 t. :,f~~~ ~ ~!: T jl_' a true and ::It.+.p::;1'.(:,d :.:'.:'v: .. ~ " " '.' . 1~1.l1fL,,_A Jr-iT . . ;Jnd ;]1-_ ~~hp :~a!':lE.' +,1tT'(- rllr..::,(:,t.l'I<J ~-i) io. t. .~, r. "".:. fo 1- '_ ;1' ~:I t ,_.'n! i__. .._ r,o._!; ,}'."11 , hi..', c.,~~~~'~ :;'";~! (: 1 1 f 1 ._' ~ .. .:::- : [!(,c}.:et l.flQ =ervlce Aft t,.~ -j .~. 1 t '~', l) r !:- t I .1 I II i,~ ~ , ..:';' . ,.:,,'\ . ~.";/'; ,~:;. ~'~~ . ~), . ( 1{![ ,.,,\!./ /c-"'~... -I~rf' . W'~: =- j.'":,j '::\;:_(-1 ';, ~...' ,1 '_ _ ~,.'" '''' . . I.!!- " ~. .' 1+,\A-. 9. . ft~ t ~ . "l;"t'" ,! 'n......_L. t . .- :3IiEkIFF'.' kETlJl\N kE!,UI.A" CASE NO: 1995-05~22 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORMANY CORY A V5. nEUlS GREGORY ET AL KENNETH E. GOSSERT ~,tu:'rlff (If [l~}PUty Shel--11f of CUMBERl.AND County, Penn3ylvani~, ",hi) b~'lnq \~'Jl.,. ;;"~...r'lfl ~}f>:-(-'rtjlng to la". says. the "l',hln '::'OI:ll',c"hItH wa~j ::5f7rvt:-'d upon CORREAL PAUL A, t.he defendant, at _ IJ-l0:~~ HOUR:;. .)rj th,:-, ~~r:.1 ddY f\1 o.~~lqJ!~~t. 1'395 at DISTRlt.:;T JUSTlI~.E-':'~_,QFfH':L-'~!'l.f: SC1\/THH.ANQ'!..;JLSlr:f-:EL______.. C ARU;3I,.;,. PA...PJU.2 . '':',;l1BlOP,t&ti[. Covntv, PE'llnsylvunlc3, by handlL~ to H.'~N~_ PAULA r(.If;R~_.A).. a true and att':,sted c'-'py ,,1' !.fl" ..I,cntF:Lt..P!l" and at tt)e same time dlrectlno H~'r attpntlorl to ltl0 .:!_'nten1s therec)f. Shr;,'r11f 'E Costs: Docl-:et.1.no Ser 'I 1 Cf> Af:f1d::JV1+ r:_~lJrch:.Jro~:' ," 'l"'!YI"!Lri-<, //"-<." ~ ~~-,.. ~,~ r.. jr'i':'md~- K~ir'.-', ~~!';'r'iI.: ':.00 ::.80 ,-'I" . \{., . "..:iv"'"! s-e:. :";7, ~54J ..:i\.': (": ~.'; "l'"!l"l (''l-:,'! (~'w :~; :l;l'_~ ~-:'Jt,::.":~! 1 t~l-"j t;~; be! i~l-':': T.' ",;. ,,~ ').lV 'i~ ,l'...,j 9'/ A '!). ,:, ~l.4-P-I:~1~' a voter, and a citizen of the Uniled Slatcs of America. 6. Defendant john j. Sam'enito is an adult individual employed with Norlh Middleton Police Department. 7. Defendant Paula Correal is an adult individual employed with the County of Cumberland - District Magistrale's Office, State or Pennsylvania, Carlisle, Pa. 1701.i. 8. Defendant Gregory Fields has no known place of employment. 9. On or about the eveninll of October II th, at approximately 7:00 P.!\I., or the year 1993, the Defendant (,regory Helds did stop and offer the Plaintiff Cory Cormany a ride home to his place of residence, This offer did occur along Sterretls Gap Avenue, Carlisle, Pennsylvania I 7013, in the Pheasant Run Estates Area. 10. On or about the aforesaid time the Plaintiff Cory Conn any did accept the ride offered from the Defendant (;regory fields. He did enter the vehicle driven hy the Defendant Gregory Fields, now identified as a black Chevrolet ton truck. 11. On or about October II th, of the year 1993 at approximately 7:00 P.M. thc Defendant Gregory Fields did leave the Plainliff Cory Cormany off at his residencc. The residence being in the ISOO hlock of Douglas Dr., Carlisle, Pennsylvania 1701.i, Pheasant Run Estates. 12. On October 14th, of the )'ear 1993 al approximately 12:35 P.M.,the Defendant Gregory Fields did go to the Carlisle Police Station and did disclose false facts about the Plaintiff Cory Cormany. These facts pertained to a vehicle that he alleged to be stolen on October 9th, of the year 1993, between the hours of 6:00 P.M. and 11:40 A.M. on October 10th, of the year 19')3. 13. In the statements given to the Carlisle Police on October 14th, of Ihe year 1993, the Dcfendant Grcgory Fields says that he witnesses the Plaintiff Cory Connany enter a ('ar dealership on Ihe morning of October 10th, of the year 19'B at approxim:ttely 4:00 A.M. IIc then says that thc l'lainliff Cory Cormany came out with a pick-up truck and states that he (Defendant (,regory Fields) drovc around with the Plaintiff for several hours. Then says that he and Ihe l'laintiff left the aforesaid pick-up truck at the Carlislc Hospital, and that the Plaintiff Cory Cormany kept the kcys. 14. On Octobcr 9th of the ycar I ')<)3, the Plaintiff Cory Connany was at work from 3:00 P.M. to 10:00 P.M. at Texaco I:uels of the Walnut Bottom Rd., Carlisle, Pa. 17013. At approximately 10:00 P.M. the Plaintiff Cory Conn any did leavc the aforesaid place of employment with his mother/father, duc to his temporary loss of driver's privilegcs, and did continuc to go to anothcr place of employment from II :00 P.M. October 9th, of the year 1993 to 7:00 A.M. October 10th, of the year 1993 at Excel Logistics, New Kingston, Pcnnsylvania. 15. On October 10th, of the year 1993 on or about 7:00 A.M., the Plaintiff Cory Cormany returned home with his mother/father wherc he went to slcep for the remainder of the day. 16. The Plaintiff Cory Cormany was in fact employed with and did in fact work the II :00 P.M. to 7:00 A.M. shift with Excel Logistics for the entire month of Octobcr, he did not work the 14th or thc 15th during the week the alleged crime did occur. In continuing; the Plaintiff did not retain employment on thc evenings of the 10th, II th, and the 13th during the week the alleged crime did occur. This employment being recorded and retained with Texaco I'uels. 17. On October 26th, of the year I <)94 the Plaintiff Cory Conn any was served with a warrant for arrest from the Defendant john j. Sancenito and was initiated bail by the Defendant Paula Correal. 18. On or about the aforesaid time and date the Defendant Paula Correal did schcdule a hearing for the acts alleged in thc arrest warrant issued by the Defendant John J. Sancenlto. I'}. On or about November I.ith, of the year 1994 the Defendant Paula Corrcal did continue the hearing originally schedulcd until a later date. It is a fact that thc Defendant P-d.ula Correal did wntinue the hearing on a total of six occasions, after the issuance of the aforcsaid warrant. In On the morning of March I st, of thc year 1')')5 at or about II :()() A.M., thc l'laintiff Cory Cormany was at last s('heduled a hcaring in front of the Dcfendant 1',lUla Correal. 2\. The aforesaid hearing regarded a thcft matter conccrninll a vchicle, this vchiclc being descrihed as a Chevrolct Silverado, thc allellations wcrc as the following: 3921 Theft by unlawful taking, 3925 Rec. Stolen Propcrty, 3928 Unauth. usc of an automobile, 3502 8urglary, 3503 Criminal Trespass, 3304 Criminal Mischief. 22. At the time and date of the aforesaid hearing thc Commonwcalth of Pennsylvania called a Mr. Edward Bidelspach to testify to the alleged matter pertaining to the Plaintiff Cory Cormany. The witncss on bchalf of the Commonwealth did testify that his garage dealership was brokcn into and that there was a vehicle taken and that the vehicle was a Chevrolet. 23. At the time and date of the aforcsaid hearing the Commonwealth of Pennsylvania called another witness to testify on behalf of the Commonwealth concerning the allegations directed against the Plaintiff Cory Cormany. The witness is now identified as the Defendant Gregory Fields. 24. On March I st, of the year 1995, the Plaintiff Cory Cormany's defense questioned the Defendant Gregory fields. The defense attorney did ask the witness Gregory Fields if he saw the Plaintiff Cory Cormany take the vehicle indicatcd and alleged to be stolen by Mr. Bidelspach, and the Defendant John J. Sancenito. The Defendant Gregory fields (witness for the Commonwealth) responded by saying, "No, I don't know, I guess he did it, I don't know." 25. On the aforesaid date and time the Commonwealth asked the Defendant Gregory Fields ( witness for the Commonwealth) what happened on or about October 10th, of the year 1993. The witness said he was driving around Perry County with the Plaintiff Cory Connany in a Chevy SlIverado. 26. On the aforcsaid date and time thc Commonwcalth of Pennsylvania asked the Defcndant John J. Sanccnito to testify to thc facts of thc crimes committcd. The Defendant Sancenilo rcad a rcpon from Ihc Pcnnsylvania Statc Pollcc. In thc report il was said that the vchidc rccovered was a Chcvrolet S- 10. Ikcnsc numbcr D42545D, rcgistr.ltion numbcr (vin IC;CDCI4USESI25.H.i), and that it was rCl'Ovcrcd on {ktober 19th, of the year 191}.i, in a fOrn field. 27. On the aforesaid datc and time the attorney for the defense (Plaintiff Cory Cormany) asked Ihe Defendant Gregory Ficlds if he had been drinking alcoholic heveragcs at the time he was supposedly with thc Plaintiff Cory Cormany. The witness (Defcndant Grcgory Hclds) responded by saying, "Yes, about fivc beers or so. " 28. On thc aforesaid date and time, at the aforcsaid hearing, the Defcndant Paula Corrcal was present and did presidc. The Defendant Paula Correal did make several statcments while the Plaintiff Cory Cormany's attorney was cross-examining the Defendant Gregory Fields (witness on behalf of the Commonwealth). The Dcfendant Paula Correal did direct a statement during cross-examination to the defense attorney Mr. Braught that it was close to lunch and thaI he (rcferring to Mr. Braught) had better gct a movc on with it, and that she was hungry and didn'l want to spcnd all day with this case. The Defendant Paula Correal did also say that quotc, this isn't the 0..1. Simpson trial and that you (again referring to Mr. Braught) had bettcr get a move on with it. In addition to the two previous remarks the Dcfcndant Paula Correal did also make a comment in regards to the defensc attorncy Mr. Braught, stating the quoted words, "I'm the boss here and whal I say goes," This statement was after Mr. Braught objected to the Dcfendant Paula Correal's line of rcasoning concerning lunch. 29. On the aforesaid date and time, the Plaintiff Cory Connany was denied the right to present work records that would clearly indicate that he was working on thc evening of Marrh 9th. of the year 1993, and the morning of March 10th, of the year 1993. IIc was also denicd the right to rail witncsscs that could verify an alibi during the time that the allegcd said (Time did ocrur. lie was also denied the righl to present work records for the cntirc month of October of the year 11}9.i. .ill On thc aforesaid datc and timc of thc aforesaid hearing. the Defendant Paula Correal was givcn the Polire report which dcscribed thc inridents and thc \chidc that was allclled to be stolcn. In the report it was stated that thc allcgcd orcak in and theft occurred sometime between October 9th, of the year 1994, 1800 hours and October 10th, of the year 1994, 1140 hours. 31. On March I st, of the year 1995, the Defendant Paula Correal did make a ruling and did remand the instant case to a highcr court, despitc that the facts of the case were not in order and that there was no actual witness that could substantiate the actual crimc committed or that the vehicles described correspondcd to the testimonies given or that a prima facie case against the Plaintiff Cory Cormany did actually cxist based on the testimonies of thc Defendant Gregory Helds. 32. In the Complaint issued by the Defendant john j. Sancenito it is clear that he did conspire with the solicitation of the Defendant Gregory Fields and with the solicitation of Thomas McDaniels. It is also clear that the solicitation of Thomas McDaniels does not constitute the commission of a crime, however the solicitation of the Defendant Gregory Fields does, and the testimonies of the Defcndant Gregory fields does contradict the facts pertaining to the instant case and does constitute the commission of a crime. 33. The Plaintiff Cory Conn any has suffercd lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost propcrty, and cash because of the Defendant Gregory Fields saying and making false statements to law enforcement officials/ authorit ies. 34. The Plaintiff Cory Conn any has suffered lost wages, public humiliation, imprisonment, emotional distrcss, mental anguish, lost property and cash becausc of the Defendant Gregory Fields soliciting and conspiring and attempting to conspire with the Defendant john j. Sancenito and the Defendant Paula Correal. 35. The Plaintiff Cory Connany has suffered lost wages, public humiliation, imprisonment, emotional distress. mental anguish, lost propcrty, and cash becausc of thc Defendant John j. Sancenito conspiring with the solicitations of the Dcfendant (;regory Fields. 36. The Plaintiff Cory Connan)' has suffered lost wages. public humiliation. imprisonment. emotional distrcss. mcntal anguish. lost propcny, and cash because of COUNIUNE CORY A. CORMANY VS. (;IU:C;ORY HEWS PENNSYLVANIA CruME CODE FAlSE SWI:ARING AND UNSWORN FAlSIFICATION TO AUTII()Rml~- 490.i AND4904 40. Thc avennents set forth in Paragraphs onc through thirty-ninc (1-3ell of thc Complaint are incorporated by referencc as if set forth at Icngth. 4\. Thc Defendant Gregory Fields did go to thc Carlisle Police Station and did submit false statements to thc offlccrs in that hc did describe evcnts that were not truc, and it is stated in the Complaint numbcrcd twelve (12), and respectfully submitted cxhibits: A.tJ 42. The Dcfendant Gregory I:ields did makc falsc statements to thc Magistrate's authority in that he did testify contradictory thc stalcmcnts he made to thc Carlisle Police Department. It is stated in statcment numbcrcd twenty.four and twcnty-IIve (24 & 25) of the Complaint. 43. The incidents described hercin thc Complaint arc serious as having happened in the Borough of Carlisle and the Honorable Distrlrt Magistrate's offlcc, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonmcnt, emotional distrcss, mental anguish, lost propcrty, and cash for excessive expenscs. 44. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wallcs, public humiliation, imprisonmcnt, emotional distress, mental anlluish, lost property, and lost ('ash, and it is a dircct result of thc Defendant Gregory Hcld's anions and statements. Thc Plaintiff Cory Cormany docs seck punitivc and compensatory damagcs. 45, WIIERIH)RI~ Plaintiff Cory Cormany claims from thc Dcfcndant, Grcllory Hdds, in an amount not in exccss of Tcn Thousand .md 00 Dollars ( 10,000.(0) plus cost III suit. COLJNI'IWO CORY A. CORMANY VS. GREGORY FIELDS PENNSYLVANIA CRIME CODl~ CRIMINAL CONSPIRACY. SOLICITATION AND ATn:MI'T-901. (}o2. (}o:i,904.AND'}05 4<>' Thc avennents set forth in Paragraphs one through thirty-ninc (1-39) of thc Complaint are inrorporated by reference as if set forth at length. 47. The Ocfendant Grcgory Fields did solicit, conspire, and commit contempt in that he did go to the Carlisle Police Station and did submit falsc facts without evidence and did solicit untrue charactcristics about the Plaintiff Cory Cormany. It is stated in numbered statement twelve (12), and respectfully submitted cxhibits: A-,J 48. The Defendant Gregory I:iclds did solicit untruc charactcristics about the Plaintiff to the Defendant john j. Sancenito and the Defendant Paula Correal and it is respectfully stated in the Complaint numbered five through thirty.four (5-34), and in all of thc foregoing exhibits. 49. The incidents described herein are serious as having happened in the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expcnses. 50. By rcason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost propcrty, and lost cash and it is a direct rcsult of the Defendant Grcgory Hcld's actions and statements. The Plaintiff Cory Cormany does scek punitive and compcnsatory damagcs. 51. WIIERH()RI~ Plaintiff Cory Connany daims from the Dcfcndant, Gregory I-ields, in an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COLJNTTIIREE CORY A. CORMANY VS. GREGORY FIELDS PENNSYLVANIA CRIME CODl~ FAlSE REPORTS TO lAW ENFORCEMENT AUTIIORITIl.:5 4l)(X) 52. The avennents set forth in Paragraphs one through thirty-ninc (1-39) of the Complaint are incorporated by refcrcnce as if set forth at length. 53. The Defendant Gregory Fields did go to the Carlisle Police Department and did submit a falsc report to the officers in that he did say the Plaintiff Cory Connany was with him on an evening that he was not, and that he knew the PlaintilT committed a crime of which he did not. It is stated in the Complaint numbered statement twelve (12), and consequently the Complaint entirely, and respectfully submitted exhibits: A - tV 54. The incidents in this account and within the Complaint are serious as having happened within the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Connany to suffer lost wages, public humlllation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenscs. 55. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humlllation, imprisonment, emotional distress, mental anguish, lost property, and lost cash and it is a direct result of the Defendant Gregory Field's actions and statements. The Plaintiff Cory Cormany does seek punitive and compensatory damages. 56. WllEREFORl~ Plaintiff Cory Connany claims from thc Defendant, Grcgory Fields, in an amount cxccss of Tcn Thousand and 00 Dollars (10,000.00) plus cost of suit. COUNTFOlll{ CORY A. CORMANY VS. PAUlA CORRI:t\L PENNSYLVANIA CRIME CODE: OHICIAL OPPRESSION AND FAlSE IMPRISONMENT 5301 AND2903 57. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set fonh at length. 58. At the time and date of the aforesaid incident, the serving of the arrest warrant, the Plaintiff Cory Cormany was incarcerated and imprisoned by the Defendant Paula Correal. It is realized that in thc events of due process and upon thc serving of the arrest warrant, bail is an option and is set at the District Magistrate's discretion, the need for ongoing continuances are not an option and does violate thc rights of the Plaintiff. Further; the Defendant Paula Correal did continuc thc preliminary process on a total of six occasions, not allowing the facts of the matters to be expressed nor the clements of the crime committed until March 1st 1995, as accordance to the law which may direct respectfully in this Complaint, respectfully submitted and attached thereto exhibits: A, fJ 59. The Defendant I~aula Correal did imprison the Plaintiff Cory Connany by remanding thc instant case mentioned in Statemcnts seven through thirty-two (7-.'12) of the Complaint, to a higher court whereby the facts of the ('ase did not legitimatc doing so or making such a causc of action. 60. The Defendant Paula Corrcal did falsely Imprison the Plaintiff Cory Cormany by remanding and declaring a prima facie case against the Plaintiff whcre thcre was no prima facie case cstablished and it is stated in statements numhcrcd sevcn through thirty-two (7-.n) of thc Complaint. Thc Witncss/Defendant Grcllory Ficlds did not idcntify the Plaintiff Cory Cormany as thc individual who artually rommlttl.>d thc allcged art. , bl. In the aforcsaid incidcnt and is prcsentcd in thc Complaint thc Defendant Paula Correal was prejudicc in pcrforming hcr dutics for thc County of Cumberland in that thc Defendant did rcmand thc instant case to a highcr rourt wherc therc were contradicting facts as to thc identity of thc vehiclc allegcd 10 bc stolen and that the Defendant did dcny cvidcntiary records pcrtaining to thc Plalntifrs whereabouts at the time the allcgcd crimc was supposedly committcd. 62. The Defendant Paula Corrcal was ncgligcnt in pcrforming hcr dutics for the County of Cumberland in that shc did ('(Jntinuc the prcliminary proccss on a total of six occasions, thus violating the Plaintiff's rights to a spccdy trial. Further; the Defendant did remand the instant case mentioned to a higher court without the Defendant Gregory Fields identifying the Plaintiff as the individual who committed the crime alleged. She did this out of negligencc and prejudice for the very County she serves. 63. The incidents described herein are serious as having happened within the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, cmotional distress, mental anguish, lost property, and cash for excessive expcnses. 64. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation imprisonment, cmotional distress, mental anguish, lost propcrty, and lost cash, and it is a result of the Dcfendant Paula Correal oppressing and negligently performing hcr official duties for the County of Cumberland and it's entirety. Thc Plaintiff Cory Cormany docs seek punitive and compcnsatory damages. b5. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Paula Correal, in an amount in excess of Ten Thousand and no Dollars ( 10,000.00) plus cost of suit. COUNT HVE CORY A. CORMANY VS. PAlliA CORHEAL CIVIL TORT ClAIM: MALICIOUS PROSOCUTION - MAUCIOUS ACT - MAl.ICIOUS ABUSE OF LEGAL PROCffiS - DISCRIMINATION AND PREIUDICIAL ERROR ARTICLffi FIVE. E1GIIT AND H)lIRTEEN m: TilE U. S. CONSTl11mON 66. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set fonh in length. 67. At the time and date of the aforesaid incident stated in statements numbered seven through thirty-two (7-32) of the Complaint, the Defendant Paula Correal did Maliciously Prosecute, Act, Use process, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Defendant Paula Correal referred to a non-precedential case that held no merit when making a ruling concerning the instant case mentioned, respectfully submitted exhibits: A.,.J 68. At the time and date of the aforesaid incident stated in statements numbered seven through thirty-two (7-32) of the Complaint, the Defendant Paula Correal did Maliciously Prosecute, Act, Use process, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Defendant did proceed to make a hasty and unsound judgment without using available time for recess, and that the Defendant Paula Correal did bring her personal desires before the priorities of the people of Cumberland. The Defendant did make an abonable statement outside of quote, "usual courtroom manner." It is realized that the statement, "I'm the boss herc, and what I say goes," does not maliciously prosccute and discriminate in a direct manner alone, however it is said in combination with the two previously made statemcnts made in statement numbercd twenty-elllht (28), to bc catellorized as bias, discriminatory, and malicious In all aspects. b9. At thc timc and datc of thc aforesaid incident statcd in thc Complailll, thc Defendant Paula Correal did Maliciously prosccutc, Act, Usc proccss, and dislTiminate with prcjudicc against thc Plaintiff Cory Connany in that thc Plaintiff's rights to a speedy trial werc violated, the Defcndant Paula Corrcal did not spcclfy rcasons for continuances, thus violating his rights to proper duc process. Further Defendant Paula Correal did not substantiatc a prima facie rase and/or thc facts rclcvant thereof and did rcmand thc instant rasc to a higher court, without cvidcnce or proper witness. 70. The Defendant Paula Correal did violate the Plaintiff Cory Cormany's Civil Rights and did forth writ the instant case to a highcr court without evidence, fact, and witness. She did not follow proper format and timc in continuing thc preliminary process, and the Defendant did discriminate with prcjudice in making the final decision to remand thc instant case to roun. 71. Thc incidents described hcrein arc serious as having happened within thc Borough of Carlisle and the 1I0norable District Magistrate's offlrc, it did causc the Plaintiff Cory Cormany to suffer lost wages, public humiliation imprisonment, emotional distress, mental anguish, lost property, and cash for excessivc expenses. 72. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation imprisonment, emotional distress, mental anguish, lost propcrty, and lost cash, and it is a direct result of thc Defendant Paula Correal's Malicious Acts, Prosecution, Use of Process, Discrimination, and Prejudism. The Plaintiff Cory Cormany doe seek punitive and compensatory damages. 73. WIIEREFORE, Plaintiff Cory Cormany claims from the Defendant. Paula Correal, in an amount in exrcss of Ten Thousand and ()() Dollars (10,000.00) plus cost of suit. COllNrSIX CORY A. CORMANY VS. IOIIN I.SANCENnU PENNSYLVANIA CIUMES CODl~ PERFORMANCE OF DUTII~ AS A POUCE OHICER AND OH;ICIAL OPPRffiSION. 5301 74. The avennents set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth in length. 75. The Defendant john J. Sancenito did discriminate with prejudism and actual malice while perfonning his duties as a police officer in that he did conspire with a known criminal and a convicted person of theft and did allegate the Plaintiff Cory Cormany without investigating the Plaintiff's history or the actual circumstances of the crime alleged, respectfully submitted exhibits include: A, N 76. The Defendant John j. Sancenito did demonstrate actual malice in perfonning his duties as a police officer in that he did ma1<e an arrest based on the criminal solicitation of the Defendant Gregory fields, without having actual evidence to the crime committed. n. The incidents and circumstances described herein are serious as having happened in the Borough of Carlisle and the Honorable District justice's Office. It did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distrcss, mental anguish, lost property, and cash for excessive expenses. 78. By reason of thc aforesaid matter the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property and lost cash, and it is a direct rcsult of the Ocfendant John J. Sam'enlto's negligcncc and abuse of process, 71). WHEREFORE, Plaintiff Cory Cormany claims from the Defendant John J. . Sanrenito, in an amount excess of Ten Thousand and 00 Dollars ( 10,000.00) plus cost of sull. COlJNrSEVEN CORY A. CORMANY VS. rOlIN I.SANCENITO PENNSYLVANIA CRIMI~ CODl~ CRIMINAL CONSPIRACY. SOLICITATION AND ATI'EMl'r - 90 1.902.903.1)04. AND 90S 80. The avcnnents SCI forth in Paragraphs onc through thirty-nine (1-39) of thc Complaint arc incorporated by reference as if set forth in Icngth. 8\. The Defendant John j. Sanccnito did conspirc with a known and convicted criminal and did in fact arrest the Plaintiff Cory Cormany without investigating the history of the Plaintiff or even confcrring with the Plaintiff as to the matters alleged. He did this knowing that he was conspiring to the solicitations thcreof the Dcfendant Gregory Fields. 82. The Defendant John j. Sancenito did conspire and did arrest the Plaintiff Cory Connany based on the solicitation of Gregory Fields and Thomas McDanieL Hc did this with no actual evidcncc other than the solicitation of thc aforementioncd two individuals, respectfully submittcd exhibits: '" - f-) 83. The incidents and circumstances described herein are serious as having happened in the Borough of Carlisle and the Honorable Districl justice's Office. It did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost propcrty, and cash for excessive expenses. 84. By reason of thc aforesaid matter the Plaintiff Cory Cormany has suffcred lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost propcrty and lost cash, and it is a dircct rcsult of thc Dcfendant john J. Sancenito's nmspiratorial actions. the Plaintiff does seek punitive and compcnsatory damagcs. . ' . VERIHCATION I, Cory Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Gregory Fields, j. j. Sancenito, and Paula Correal are true and correct to the best of my infonnation, knowledge, and belief. 1 undcrstand that false statemcnts herein are made subject to the penalties of 19 Pa. C.S.A. Section 4904 relating to unsworn verifications to authorities. [~tedq. ..;1 '6 -C/S- . ,- /-' 8yc,">>~C( r;;"r ./- Cory A. Conn any ~ CERTlHCATlON SERVICES AND NOW, this :l$db....- day of _.~W__, 1995, I, Cory A. Connany foregoing the aforcsaid matter for my attorney hereby certify that 1 have served the foregoing document upon the following by depositing a copy of same in the United States mall, at Carlisle Pennsylvania, addrcssed as follows: Gregory fields 19 Nonh East Street Carlisle, PA 17013 ,?' ~~0?: 4,~ 1101 Claremont Road Carlisle, PA 17013 j. J. Sancenito North Middleton Police Department North Middleton Road Carlisle, PA 17013 Paula Correal District justice's Office 1 South Hanover Street Carlisle, PA 17013 .. IN mE COURT OF COMMON PLE.\S OF CUMBERLAND COUNTY CORY A. CORMANY vs. CIVIL AcnON NO. 95.5222 GREGORY FIElDS, et aI, ENTRY OF Al'l'lWlANCE TO mE PR01HONOTARY : Kindly entry our Appearance on behalf of the Defendant, PAUlA CORREAl., in the above captioned matter. )~lc<' (: ep~.~ MARY Attorney .D. 58504 DAVID , NALDSON, ESQUIRE Attorney I.D. # 17276 Admini~trative Office of PA Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 [215] 560-6300 Attorneys for Defendant PAUlA CORREAL " IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY CORY A. CORMANY VI, CML ArnON NO, 95-5222 GREGORY FIElDS, et a1 CERTIFICATE OF SERVICE The below listed attorney hereby certifies that on November 8, 1995, she caused to be served upon the below listed a true and correct copy of the attached Praecipe and Entry of Appearance on behalf of the Defendant, PAUlA CORREAL: Cory A. Cormany 1101 Claremont Road Carlisle, PA 17013 Gregory Fields 19 N. East Street Carlisle, PA 17013 JJ. Cancenito North Middleton Police Department North Middleton Road Carlisle, PA 17013 - 1~. ( ,i'-c~-~' Attorn~'~~ ::~1~t~SON, ESQUIRE Attorney 1.0. # 17276 Administrative Office of P A Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 (215) ~ Attorney for Defendant PAULA CORREAL ~ '" -:> C'>') ,." -<=> -" " ~ , t..:: ';. - ., &;;:i . , -' , , ~ 4, ()_ , ~...~ . IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUN1Y CORY A. CORMANY VI. CIVIL ACDON NO, 95-5222 GREGORY FIElDS, et al. PRELIMINARY OBJECI'IONS OF DEFENDANT D1STR1Cf romCE CORREAL Defendant, the Honorable Paula Correal, District Justice for Magisterial District 09-2'()l, by her undersigned attorneys, states the following PreliminAry Objections to Plaintiff's Complaint: I. PRELIMINARY OB.JECl'lONS IN THE NATURE OF A DEMUImEB 1. Plaintiff's Complaint fails to state a cause of action Agllin~t District Justice Correal for the following reason: L Defendant District Justice Correal is absolutely immune for actions taken in her judicial capacity and within her jurisdiction. ,. . lr> c:r> .- A_ -< .,. 'J> ?- ~ ~ "', .\ "1'. ., .~ "- " .- .~ .loW 1. . . .. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUN'IY CORY A. CORMANY vs. CIVIL ACllON NO, 95-5222 GREGORY FlEIDS, et al. . . ORDER AND NOW, TO WIT, this day of ,1995, upon consideration of the within Preliminary Objections of Defendant District Justice Correal, and all responses thereto, it is hereby ORDERED and DECREED that the above captioned case is dismissed as to Defendant, District Justice Paula Correal. By the Court J. .. IN THE COURT OF COMMON PLEAS OFCUMBE~CO~ CORY A. CORMANY vs, CIVIL ACTION NO. 95.5222 GREGORY FIELDS, et aI. NOTICE TO PLEAD TO: Cory A. Corman)' 1101 Claremont Road CarIlsle, PA 17013 You are hereby notified to plead to the enclosed Preliminmy Objections within 20 days from service hereof, or a default judgment may be entered agllin~t you. ~ MARY C. Attorney 1.1) 04 DAVID M. DONALDSON, ESQUIRE Attorney 1.0. # 17276 Administrative Office of P A Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 [215] 560-6300 Attorneys for Defendant PAULA CORREAL Date: November 9, 1995 \ SUPUEME COURT OF PrNN!;;"1 vANIA .r}f;~~. ~ ,.J. " H13I~ "0'_ ..., AOMINISTlMllVE OFFICE OF PENNSYLVANIA COUnTS 1515 MMlKET STREET SUITE 1414 PHILADELPHIA. PENNSYLVANIA 19102 12151560.6300 NANCY M S080LEVITCH COURT ADMINISTRATOR OF PENNSYLVANIA November 9, 1995 YJA UPS OVERNIGHT MAIL Lawrence B. Welker ProthonotaJy Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 RE: Cormany v. FIelds, et aL C.U. of CUmberland County No. 95-5222 Dear Mr. Welker: Enclosed please find an original and one copy of Preliminary Objections of Defendant, District Justice Correal, together with Notice to Plead, proposed Order, supporting Memorandum and Certificate of Service. Kindly file it of record in the above captioned matter. Very truly yours, ~'- MARY ~ Legal C;UI Court Administtato / 1/.' L . 1.( ( /-"""._--\"'_.. I to the of Pennsylvania MCK/deg Enclosures c:c: Per attached Certificate of Service . ... ... . . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by first-class mail, postage prepaid, upon the following: Mr. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Mary C. Keane, Esquire David M. Donaldson, Esquire Administrative Office of Pennsylvania Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 Mr. Gregory Fields 19 N. East Street Carlisle, PA 17013 ~~ Alan R. Boynton, Jr. I Dated: November 20, 1995 LJ"> .:,.r") ._-:- _"t ,'" "I ,;n ,-.-..1 ,- ~~ ~~ ~ .7 n dl .J'n.. :.:::. .-. ~..} '. . CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 95-5222 CIVIL TERM GREGORY FIELDS J. J. SANCENITO PAULA CORREAL, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRELIMINARY OBJECTIONS OP DEPENDANT JOHN J. SANCENITO TO PLAINTIPP' S COMPLAINT Defendant, John J. Sancenito, through his counsel, McNees, Wallace & Nurick, hereby preliminary objects to Plaintiff's Complaint as follows: DEMURRER 1. Plaintiff's Complaint purports to raise certain claims against Defendant John J. Sancenito ("Sancenito) arising out of conduct surrounding Plaintiff's arrest and prosecution for automobile theft and other related charges. 2. As set forth in Plaintiff's Complaint, Defendant Sancenito is an adult individual employed with North Middleton . Township Police Department (Plaintiff's Complaint, '6). 3. All actions of Defendant Sancenito referenced in Plaintiff's Complaint surround conduct of Defendant Sancenito during the course and scope of his employment as a North Middleton Township police officer. 4. Defendant Sancenito is immune from suit as set forth in the Political Subdivision Tort Claims Act (42 Pa. C.S. 58541 et seq. ) 5. Plaintiff has failed to plead an applicable exception to Defendant Sancenito's statutory immunity. 6. Additionally, the only claims raised against Defendant Sancenito in Plaintiff's Complaint are Counts VI and VII, which purport to raise claims under sections of the Pennsylvania Crimes Code. 7. Specifically, Counts VI and VII of Plaintiff's Complaint are based on Section 5301 of the Pennsylvania Crimes Code, and Sections 901, 902, 903, 904 and 905 of the Pennsylvania Crimes Code, respectively. 8. No cognizable civil causes of action exist under the Pennsylvania Crimes Code sections pleaded by Plaintiff in his Complaint. 9. Accordingly, Plaintiff's Complaint fails to state a cause of action against Defendant Sancenito for which relief can be granted. MOTION TO STRIKB 10. The averments of Plaintiff's Complaint, which purport to raise claims against Defendant Sancenito under the Pennsyl- vania Crimes Code. constitute impertinent and scandalous matters and should be stricken. 11. The damages claimed in Plaintiff's Complaint are not recoverable under the Political Subdivision Tort Claims Act and thus should be stricken as impertinent matters. - 2 - 12. Accordingly, the claims against Defendant Sancenito should be stricken. MOTION FOR A MORB SPBCIFIC PLEADING 13. Plaintiff's Complaint makes unspecified allegations of "conspiracy" against Defendant Sancenito. 14. Plaintiff's Complaint is confusing, disjointed and pleaded in such a manner so as to make it difficult for Defendant Sancenito to respond fully. 15. Plaintiff should be directed to file a more specific complaint. WHEREFORE, Defendant Sancenito respectively requests that the Counts of Plaintiff's Complaint directed against Defendant Sancenito be dismissed or stricken. Alternatively, Plaintiff should be ordered to file a more specific pleading. Respectfully submitted, McNEES, WALLACE & NURICK By (1t~ R (?a Alan R. Boyn 1.0. No. 398 0 James W. Kutz 1.0. No. 47245 100 Pine Street P. O. Box 1166 Harrisburg, PA /1 17108-1166 Attorneys for Defendant John J. Sancenito Dated: November 20, 1995 - 3 - V'~ ~ .n ,-"" . > ,-q ') J " . .: Pl.AINTIFF CORY A. COHMANY INTIII:COlJRTOI'COMMON PLEAS OF CllMBEIUAND COUNTY, PENNSYl.VANIA v. CASE NO. 95-5222 CIVIL ACTION JlJHY TRIAL DH~DANr GRH;ORY FIELDS, et. a1. ORnE{ AND NOW, this _ day of ________, 1995, upon consideration of Plaintifrs Motion I'or Judgment on the Pleadings Pursuant to Purdon's Pennsylvania Consolidated Statutes Annotated Rules of Civil Procedure 1034, it is hereby ORDERED that the Motion is Granted. j. \ Pl.AINTlFF CORY A. CORMANY IN TI iii COli RT OF COMMON Pl.I:I\SOI; ClIMBERIAND COUNTY, PENNSYl.VANIA V. CA.'iENO.9S-S222 CIVil. ACnON JURY TRIAl. DS:rnDANT GRHiORY FIELDS, et al. NOTICETO PLEAD m MARY C. KEANE Attorney I.D. 58504 DAVID M. DONAlDSON Attorney I.D. 17276 Administrative Office of P.A. Couns Suite 1414, 151 5 Market Street Philadelphia, PA 19103 AND PAULA CORRl'AI. Court House Annex Carlisle, PA 17013 You are hereby notified to plead to the enclosed Motion within 20 days from service hereof, or judgment may be entered against you. (7' U. Cr... -~ Cory A. Cormany \ c. The rules of civil proccdure are of issuc to funhcr proceeding. WHERHORE, Plaintiff Cory Cormany respectfully submits that the Court grant thc Motion for Judgmcnt on the Plcadlngs. Rcspectfully submitted, ~/a.~ Cory A. Cormany : ~'.,."...~. ~ . ~ ../J N cO ~ ~ = >-... ~.- ""'. t- ~~. ~Il Ox 0;;: r~4 -C, , :> ......_-, I...) ......; r__ 0'::'''1o.\>" Ocr: ::7 UJD. '--.,. ...J, '''.~W ..- ~ ,...~ ~~ ""l.;l. . . ::> -<> '" \ CERTIFICATE OF SERVICE AND NOW, this 22nd day of Novcmbcr, 1995, I, Cory A. Cormany forcgolng the aforcsaid with my attorncy _________________________ hereby ccnify that I havc scrvcd thc forcgolng document upon thc following by dcposlting a copy of samc in thc Unltcd Statcs mail, at Carlisle, Pennsylvania, addrcsscd as follows: MARY C. KFANE AND DAVIDM. DONAWSON Admlnlstratlvc Officc of P.A. Courts Suitc 1414, I 5 I 5 Markct Strcct Philadelphia, PA 19102 DISrRlCr jUSnCE PAULA CORREAl. COURT HOUSEANNEX ~ a G-z.,,-/ Corv A. Cormanv 1101 Claremont Road Carlislc. PA 17013 Attorncy 1 South Hanovcr Strcct Carll sic, PA 17013 .~ '.' .',- ,...... ...... .:.J\ "1"';' ''',' " 'f-" .1.:.:...- ;\'.' _"'::';'_,~"J . I~' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF INDIGENCY HEARING Mag, Oil No 09-2,,01 COMMONWEALTH OF PENNSYLVANIA OJ NMl' Hon PAULA P. CORREAL AdO'n" EAST WING - COURTHOUSE 1 COURTEOUSE SQUARE CARLISLE, PA T~_.a17) 240-6564 17013-0000 VS. OEFENOANT: .....E.... """""'" rcORHANY, COREY ALISTER 1883 DOUGLAS DRIVE CARLISLE, PA 17013 L Docket No.: NT-0001158-94 Date Filed: 8/29/94 -, ..J COREY A. CORMANY 1883 DOUGLAS DRIVE CARLISLE, PA 17013 @ 18 55505 55 PUBLIC DRUNKENNESS (Charge) ,.. "- .. .... ...- " .... (Charge)-'~ .. - --. .' ---.. .-... - ." "" . I, PAULA P CORREAL , hereby state that on November 1,19 94, I sentenced you, the above defendant, to pay a fine and/or costs in the amount of $171. 00 for violating the above charge(s). You have failed to pay the above fines and/or costs, and accordingly, I have set an indlgency hearing to determine your financial status due to your failure to pay the fine and costs which were Imposed egalnst you in the above captioned case. To date, you owe this court $171 . 00 In fines, fees and costs, The hearing is scheduled to be held as follows: Date: 10/13/95 Place:DISTRICT COURT 09 -2 - 01 EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE Time: 10:43 AM At the hearing, you must appear and inform the court of any changes in your financial condition. The court may extend, accelerate, leave unaltered or impose imprisonment for non-payment of these fines and costs, If you fail to appear, a warrant will be issued for your arrest. .... ' - At this hearing, you may have a right to be represented by an attomey. II you cannot afford an attomey and you qualify, one may be appointed lor you. Please contact: .... ....... '-'-', '-- -. .- lor additional information regarding the appointment 01 an attorney. Payment of lines and costs in FULL ~i11 excuse the necessity 01 your appearance at this hearing. . , '\" . If you ar. dlubl.d and r.qulr. aulatlnc., pl.... contact the Maglaterlal District office st the address above. '\ If you have any questions. p se call t abov 8 d9'7S~ Date , District Justice My commission expires first Monday of January. 2000 ' SEAL OATE PAINTED: 8129/95 AOPC 631.94 ,;.... ~yl . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF INDIGENCY HEARING ~ag G.c. No COMMONWEALTH OF , PENNSYLVANIA 09-2-.01 OJ NMI.. Hon PAULA P. CORREAL Ad..... EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA r.~a17)240-6564 17013-0000 CORY A. CORMANY 1883 DOUGLAS DR. CARLISLE, PA 17013 .. ,,-:- / ., \ (0 / -- VS. OEFENOANT: .....E.... AllOflE88 rcORMANY, CORY A 1883 DOUGLAS DR. CARLISLE, PA 17013 L Dock~t No.: NT- 0000962 - 94 Date Flied: 6/28/94 -, 18 13503 SSB1III DEF TRES FENCED/ENCLOSED . . (Chargo) ~_..-... ~.... .. --..... . :::t' ~~,~. , ' :.~:. .' .f.;.: ~.~~,..- ......... .....:"'. .. ......, ..',.' . ..H~~ ,1'- -.., ..fIl':........... ..... . (Chorgo) I. PAULA P CORREAL , hereby state that on November 15 . 19 94. I sentenced you,the above defendant. to pay a'fin"tand/orcosts in theamount.of $196.50 for violating the above charge(s), You have failed to pay the above flnes and/or costs, and accordingly, I have set an indlgency hearing to determine your financial status due to your failure to pay the fine and costs which were Imposed against you In the above captioned case, To date, you owe this court $196.50 in flnes, fees and costs. The hearing is scheduled to be held as follows: ~ Date: 10/13/95 Place:DISTRICT COURT 09-2-01 EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE Time: 9:44 AM At the hearing, you must appear and Inform the court of any changes In your financial cond~lon. The court may extend, accelerate, leave unaltered or Impose imprisonment for non-payment of these lines and costs, If you fall to appear, a warrant will be Issued for your arrest, .;. At this hearing, you may have a right to be represented by an attorney. If you cannot afford an attorney and you qualify, one may be appointed for you. Please contact: ' '~ - --'-'- ....... for additional inform~tion r'~d(ng the ~pointment of an attomey, .. .-' ~aymenl'Of'flneS"M~ costs I~ULL will.2cuse the necessity of your appearance at this hearing. If you .re dl..bled .nd require ...I.t.nce, pl.... cont.ct the Magl.t.rlal DI.trlct office at th. .ddr... above. . If you have any questions. Please~e ollie Imm 8~.9J Date '<J~ '...::::,......- My commission expires first Monday of JBIl/Jary. 2000, , District Justice SEAL DATE PRINTED: 8128/95 AOPC 631.94 I \ 1 j \ 11. PRELIMINARY OBjECnONS IN TilE NATURE OF TORT CONTAINING DEMURRER 1. Ocfendant j. j. Sanccntlo falls to acknowledgc the Issue of tort. a. The issuc of crimc Is to the Issuc of tort and Is responslvc to the Defendant Ficlds. b. The issue of tort Is to thc Issuc of actual crimc and actual malicc and the object of immunity. c. The issue of ton Is for the statemcnt of claim. 11. pREliMINARY OBJECTION IN THE NATURE OF CIVil. ACnON - LAW 1. Ocfcndant j. J. Sancenito fails to acknowlcdge the civil matter. a. Thc issue of the civil matter is to thc objcct of actual crlmc and actual malice and is for the statement of claim. b. The rules of civil proccdurc arc of Issue to funher proceeding. c. The rules of criminal proccdure are of Issue to further proceeding. d Thc issue of ncgligencc is to thc civil mattcr and Is the issuc of actual malice and actual crimc. ~.. WHEREFORE, Plaintiff Cory Cormany rcspcctfully submits that thc Court grant thc Motion for judgmcnt on thc Plcadlngs. Rcspcctfully submlttcd, c..o~ ti. C~'7'" / Cory A. Cormany ~ , , CERTIFICATE m: SERVICE AND NOW, this .J:!....L day of Dcccmber, 1995, I, Cory A. Cormany forcgoing thc aforcsald with my attorncy ______________ hcrcby ccnlfy that I havc served thc foregoing documcnt upon thc following by dcposltlng a copy of samc in thc Unltcd States mall, at Carlislc, Pcnnsylvania, addrcsscd as follows: j. j. SANCENITO Nonh Middleton Policc Dcpartmcnt Nonh Middleton Road Carlisle, PA 17013 c / c _ L~_____~ Corv A. Cormany 1101 Claremont Road Carlisle. PA 17013 Attorncy r' .."\.f"-r.I'r. ',\..~_.' ..:~..I,:~~""f"\-r~,":"1 C.,' ~~ I'"' ' '.' ,'.i" ~ I ! 1"-' \. ,.'_ .....^ .,l ,'\ (;: t:S 'J..) \ I U .. ~~ r"":' ,'" \.)..il"'_'\o:~ '-'. \,'" .. .... .... .' ,-; ( , ,I" ,. . ,. . --.. PLAINTIFF CORY A. CORMANY IN TilE COURT OF COMMON PIMS 01: CUMBERlAND COUNTY, PENNSYLVANIA V. CASE NO. 95-5222 CIVIL ACTION JURY TRIAL DffENDANT GREGORY FIELDS, et aI. MOTION FORJUDGMENTON THE PLEADINGS AND NOW, comcs Plaintiff, Cory A. Cormany, who respectfully submits thc Motion for judgment on the Pleadings, and thc Argument within. This is pursuant to P.S.A. Rule 1034 and pursuant to Rule 1035 pending the rcsponslvc pleading funhered for argument. This is set forth for thc issuc of memorandum. I. PRELIMINARY OBjOCTIONS IN THE NATURE OF CRIME 1. Defendant Gregory Ficlds fails to acknowledge actual crime. a. Thc issuc of crimc is for a statemcnt of claim and is rcsponsive to thc Defcndant Sanccnlto. b. Thc issuc of crimc is of issue conccrnlng actual crimc and thc objcct of Immunity. ... The issue of crime is for thc statement of dalm. . II. PRELIMINARY OBJECnONS IN TilE NATURE 01; TORT 1. Ocfcndant Grcgory Flclds fails to acknowlcdgc the issue of ton. a. The issuc of crimc Is to thc issuc of ton and Is responslvc to thc Defcndant Sanccnito. b. Thc issuc of ton is to thc Issuc of actual crimc and actual mallcc and the objcct of immunity. c. Thc issuc of ton is for thc st'\tcmcnt of claim. II. PREUMINARY OBjECTION IN THE NATURE m CIVIl. ACTION - LAW 1. Ocfcndant Grcgory Ficlds fails to acknowlcdgc the civil maltcr. a. The Issuc of thc civil mattcr is to thc object of actual crimc and actual malicc and is for thc statcment of claim. b. Thc rules of civil proccdurc are of Issuc to funhcr proccedlng. c. Thc rules of criminal procedure arc of issuc to furthcr procccdlng. CERTIFICATE 01' SERVICE AND NOW, this J.:.tl- day of Dccembcr, 1995, I, Cory A. Cormany foregoing the aforcsald with my attorncy ______________________ hcrcby certify that I have scrvcd the foregoing documcnt upon thc following by dcpositlng a copy of samc in the Unltcd Statcs mail, at Carllslc, Pennsylvania, addrcsscd as follows: GREGORY FIELDS 19 NORTH EA.'lTSI'REEr Carlislc, PA 17013 C7 {L. C~~ Corv A. Cormany 110 I Clarcmont Road Carllslc, PA 17013 Attorncy . CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 95-5222 CIVIL TERM GREGORY FIELDS J. J. SANCENITO PAULA CORREAL, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants AMENDED CERTIPICATE OP SERVICE The undersigned hereby certifies that an attempt to serve true and correct copies of the Praecipe for Entry of Appearance and Preliminary Objections of Defendant John J. Sancenito to Plaintiff's Complaint in the above-captioned matter was made on Defendant Gregory Fields ("Fields"), 19 North East Street, Carlisle, PA 17013, by first-class mail, postage prepaid on November 20, 1995. The documents were returned by the Post Office with a notation that "This person does not live at this address" (See Exhibit "A" attached hereto). Defendant John J. Sancenito and his attorneys, McNees, Wallace & Nurick, have no knowledge of Fields' current address. McNEES, WALLACE & NURICK By OI~<<f?o Alan R. B Jr. James W. utz 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant John J, Sancenito Dated: January 19, 1996 EXHIBIT "A" . ,', '." r .~ b -. C1 0: \ " >- :.J , c: 1= :.J v ..l ,!'\ ',' c: Ul f3 0 ~ '~ ~ ~ 0: ~ .,. -:: ,- ~ U " . . - .' - , CBRTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Mr. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 ~~ Mary C. Keane, Esquire David M. Donaldson, Esquire Administrative Office of Pennsylvania Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 Dated: January 19, 1996 ~~ ~ b; co b. U'J ~ .. ...: (> C"") ::14 ~Z (,.) ~~~ '- ,: n:.~~ C~ t..J ...-:'" U.~I.. -- 0,::- {):-~i '/ Od. C'>J :~. (.; U-Il- N '""!.-," dl" f::.=> \.,.1...:-; .'".' l' ~lij .' i.= -j ~> ~{.:,- I\.. ",'"1 5 0 IJ'" 0 McNEES, WAI.I.ACE 8l NURICK tOO PINE STREE;;T fl. 4, .0. II.. fiARRISBURQ, PA 17108 cumberland County prothonotary's Office Civil Case Print 1995-05222 CORMANY CORY A (vs) FIELDS GREGORY ET AL Page PYS511 Reference No.. : Case Type.. ...: COMPLAINT Judgment... ...: .00 Judge Assigned: SHEELY HAROLD E PJ Disposed Desc.: ____________ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 10/02/1995 9:30 0/00/0000 11/10/1998 ...................*...............................*...*..********************** General Index Attorney Info CORMANY CORY A PLAINTIFF PRO SE 1101 CLAREMONT ROAD CARLISLE PA 17013 1800 BLOCK OF DOUGLAS DRIVE FIELDS GREGORY DEFENDANT 19 NORTH EAST STREET CARLISLE PA 17013 SANCENITO J J DEFENDANT KUTZ JAMES W NORTH MIDDLETON POLICE DEPT BOYNTON ALAN R JR NORTH MIDDLETON ROAD CARLISLE PA 17013 CORREAL PAULA DEFENDANT KEANE MARY C DISTRICT JUSTICE'S OFFICE DONALDSON DAVID M ONE SOUTH HANOVER STREET CARLISLE PA 17013 ..**..*.*******************..**********.**.********.**************************** . Date Entries * ..........******.**********************..*.*.*********************************** 10/02/1995 10/02/1995 10/18/1995 11/06/1995 _ _ _ _ _ _ _ _ _ _ _ _ _ FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CIVIL ACTION ------------------------------------------------------------------- PETITION TO PROCEED IN FORMA PAUPERIS ------------------------------------------------------------------- ORDER OF COURT IN RE IFP GRANTED BY HAROLD E SHEELY PJ ------------------------------------------------------------------- SH~RIFF'S RETURN (DEFT GREGOR~ FIELDS NOT FOUND' JJ SANCENITO 10/23/95; PAULA CORREAL 10/23/95) SHERIFF'S COSTS $35.60 --- ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF APPEARANCE FOR PAULA CORREAL BY MARY C KEANE ESQ AND DAVID M DONALDSON ESQ ------------------------------------------------------------------- PRELIMINARY OBJECTIONS OF DEFENDANT DISTRICT JUSTICE CORREAL ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF APpEARANCE FOR JOHN J SANCENITO BY JAMES W KUTZ ESQ AND ALAN R BOYNTON JR ESQ ------------------------------------------------------------------- PRELIMINARY OBJECTIONS OF DEFENDANT JOHN J SANCENITO TO PLAINTIFF'S COMPLAINT ------------------------------------------------------------------- MOTION FOR JUDGMENT ON THE PLEADINGS ------------------------------------------------------------------- PRELIMINARY OBJECTIONS IN THE NATURE OF CRIME CONTAINING DEMURRER ------------------------------------------------------------------- PRELIMINARY OBJECTIONS IN THE NATURE OF CRIME ------------------------------------------------------------------- AMENDED CERTIFICATE OF SERVICE ------------------------------------------------------------------- ORDER OF COURT DATED 10/27/98 IN RE 1998 PURGE - WHEREAS NO GOOD CAUSE WAS SHOWN WHY CASE SHOULD NOT BE DISMISSED PURSUANT TO PA RJA NO 1901(C) - CASE # 98-6377 - THE CASE IS HEREBY DISMISSED ------------------------------------------------------------------- COMPLAINT - BY CORY CORMANY PLFF ------------------------------------------------------------------- PRELIMINARY OBJECTIONS TO COMPLAINT - BY JENNIFER B HIPP ESQ AND JAMES D BOGAR ESQ ------------------------------------------------------------------- RODNEY M TEMPLE III AND DANNY R FIBER'S PRAECIPE FOR LISTING CASE 11/09/1995 11/14/1995 11/21/1995 11/21/1995 11/28/1995 12/08/1995 12/08/1995 1/22/1996 11/10/1998 2/01/2005 2/18/2005 2/18/2005 1 PYS511 Page 2 Cumberland County Prothonotary's Office Civil Case Print 1995-05222 CORMANY CORY A (vs) FIELDS GREGORY ET AL 3/10/2005 Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: FOR ARGUMENT - JENNIFER B HIPP ESQ AND JAMES D BOGAR ESQ ------------------------------------------------------------------- WITHDRAWAL OF APPEARANCE FOR JENNIFER B HIPP ESQ AND JAMES D BOGAR ESQ FOR DEFT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ------------------------ ------------ .00 .00 .00 10/02/1995 9:30 0/00/0000 11/10/1998 Reference No..: Case Type.....: COMPLAINT Judgment. .....: .00 Judge Assigned: SHEELY HAROLD E PJ Disposed Desc. : ------------ Case Comments ------------- ***********************.***********************************************.*.****** * End of Case Information * *****************.*.*.*************************************.*******.************ " -, 16 Cory Cormany : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Rodney M. Temple, III., and Danny R. Fiber : NO. 95-5222 CIVIL TERM ORDER OF COURT AND NOW, March 22, 2005, the Preliminary Objections listed under the incorrect case number 95-5222 will be argued at the March 23, 2005 session of Argument Court. However, the Prothonotary is directed to strike the Preliminary Objections and reassign the matter to a new case number, filing fee to be paid by Plaintiff, Cory Cormany. ~orge E. Hoffer, .. Cory Cormany, Pro Se Plaintiff James D. Bogar, Esquire Jennifer B. Hipp, Esquire For the Defendant Court Administrator jk V~~",)SN...ed lJ.N(\O~l ('~.lf'd:a'Nro 6 \ :o",~ t~ \l~\l ~~~1. ~~~~~.QUJ.J\-U. !J ?{JC-~~ kl . ~ 1\10NTGOl\IERY,I\1cCRACKEN, W,\LKI-:Jt & IHlOAI)S,I.I.I' BY: DA vm J. l\Iucl\lAIN lllld .JANELLE ":. FULTON mENTIFICATION NOS. ~9320 lInd SII1I27 123 S. BROAD STREET l'III1.AI>ELI'IIIA,I'A 19109 215-772-1500 ATTOItNEVS l'OIt m:n:NDANTS ImUN..:V TJo:I\II'U: nnd 1),\ l'illiL.llIm It CORY CORMANY, Plaintiff. CUMBERLAND COUNTY COURT OF COMMON PLEAS V', NO, ')5.5222 RODNEY TEMPLE amI DANIEL FIBER. Dcfendants, ENTItY OF AI'I't:ARANn: TO TIII~ PROTHONOTAR Y: Kindly cntcr our appearancc inlhc ,Ibo\c-captioncd matter on behalf of Defendants Rodney Temple and Daniel Fiber, MONTGOMFRY. McCRACKEN. WALKER & RHOADS. 1.1.1' . Il, D J MACMAIN, FSQUIR : lomey Ill, 115'1.120 JANFLI.I: I: FULTON. FS{)UIRF AUome\ III 11!l1I027 1 ~\ S Bro,ld Streel 1'llIladelplulI.I'A 1'1111'1 t~IS) 77~.151~' I r I CERTIFICATE OF SERVICE sr I, herchy certify th<lt on this / d<lyof /I1/IIU-H ,2005, I served <I truc and correct copy of thc foregoing Entry of Appc<lmnce vi<l certified mail, return receipt requested, postage prepaid upon: Cory A. Cornlany 1883 Douglas Drive C<lrlisle, PA 17013 Pro se PlailllifJ ~~~ &Ie E, Fulton 11~ltJil:\ I '\ ~ :;:i >, r~ cr. ., .. " (') UJ!... .~ ( )" <. ff.( '- j:r..: ~\" C") , , I -''- ~\lJ 0-: ....': u..= :;: Lr> U. , .: . 0 C J ..., , . , , PLAINTIFF, CORY A. CORMANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA YS. CIVIL NO. DEFENDANTS, GREGORY FIELDS, ].J. SANCENITO, PAULA CORREAL CIVIL ACTION - LAW JURY TRIAL DEMANDED TITLE 42 COMPWNT AND NOW, comes Cory Cormany, Plaintiff, and sets forth causes of action against the above Defendants, whereof the following is a statement: 1. Plaintiff is Cory Cormany an adult individual residing in Cumberland County, Pennsylvania. 2. Defendant Gregory Fields is an adult individual residing in Cumberland County, Pennsylvania. 3. Defendant John J. Sancenito is an adult individual residing in Cumberland County, Pennsylvania. 4. Defendant Paula Correal is an adult individual residing in Cumberland County, Pennsylvania. S. The Plaintiff Cory Cormany is High School graduate in attending South Middleton School, Boiling Springs, Pennsylvania, 17007. The Plaintiff is academically achieved through a graduate program at Pennsylvania State University. He is employed with S.P.c. Services, Fort Worth, Texas 76161, and was employed with Lehman's Lumber Mills, Shagbark Ln., Carlisle, Pennsylvania 17013, he is a taxpayer, \ \ a voter and a citizen of the United States of America. , 6. Defendant John J. Sancenito is an adult individual employed with North Middleton Police Department. 7. Defendant Paula Correal is an adult individual employed with the County of Cumberland - District Magistrate's Office, State of Pennsylvania, Carlisle, Pa. 17013. 8. Defendant Gregory Fields has no known place of employment. 9. On or about the evening of October 11th, at approximately 7:00 P.M., of the year 1993, the Defendant Gregory Fields did stop and offer the Plaintiff Cory Cormany a ride home to his place of residence. This offer did occur along Sterretts Gap Avenue, Carlisle, Pennsylvania 17013, in the Pheasant Run Estates Area. 10. On or about the aforesaid time the Plaintiff Cory Cormany did accept the ride offered from the Defendant Gregory fields. He did enter the vehicle driven by the Defendant Gregory Fields, now identified as a black Chevrolet ton truck. 11. On or about October 11 th, of the year 1993 at approximately 7:00 P.M. the Defendant Gregory Fields did leave the Plaintiff Cory Cormany off at his residence. The residence being in the 1800 block of Douglas Dr., Carlisle, Pennsylvania 17013, Pheasant Run Estates. 12. On October 14th, of the year 1993 at approximately 12:35 P.M.,the Defendant Gregory Fields did go to the Carlisle Police Station and did disclose false facts about the Plaintiff Cory Cormany. These facts pertained to a vehicle that he alleged to be stolen on October 9th, of the year 1993, between the hours of 6:00 P.M. and 11:40 A.M. on October 10th, of the year 1993. 13. In the statements given to the Carlisle Police on October 14th, of the year 1993, the Defendant Gregory Fields says that he witnesses the Plaintiff Cory Cormany enter a car dealership on the morning of October 10th, of the year 1993 at approximately 4:00 A.M. He then says that the Plaintiff Cory Cormany came out with a pick-up truck and states that he (Defendant Gregory Fields) drove around with the Plaintiff for several hours. Then says that he and the Plaintiff left the aforesaid pick-up truck at the Carlisle Hospital, and that the Plaintiff Cory Cormany kept the , , keys. 14. On October 9th of the year 1993, the Plaintiff Cory Cormany was at work from 3:00 P.M. to 10:00 P.M. at Texaco Fuels of the Walnut Bottom Rd., Carlisle, Pa. 17013. At approximately 10:00 P.M. the Plaintiff Cory Cormany did leave the aforesaid place of employment with his mother/father, due to his temporary loss of driver's privileges, and did continue to go to another place of employment from 11:00 P.M. October 9th, of the year 1993 to 7:00 A.M. October 10th, of the year 1993 at Excel Logistics, New Kingston, Pennsylvania. 15. On October 10th, of the year 1993 on or about 7:00 A.M., the Plaintiff Cory Cormany returned home with his mother/father where he went to sleep for the remainder of the day. 16. The Plaintiff Cory Cormany was in fact employed with and did in fact work the 11:00 P.M. to 7:00 A.M. shift with Excel Logistics for the entire month of October, he did not work the 14th or the 15th during the week the alleged crime did occur. In continuing; the Plaintiff did not retain employment on the evenings of the 10th, 11 th, and the 13th during the week the alleged crime did occur. This employment being recorded and retained with Texaco Fuels. 17. On October 26th, of the year 1994 the Plaintiff Cory Cormany was served with a warrant for arrest from the Defendant John J. Sancenito and was initiated bail by the Defendant Paula Correal. 18. On or about the aforesaid time and date the Defendant Paula Correal did schedule a hearing for the acts alleged in the arrest warrant issued by the Defendant John J. Sancenito. 19. On or about November 13th, of the year 1994 the Defendant Paula Correal did continue the hearing originally scheduled until a later date. It is a fact that the Defendant Paula Correal did continue the hearing on a total of six occasions, after the issuance of the aforesaid warrant. 20. On the morning of March 1st, of the year 1995 at or about 11:00 A.M., the Plaintiff Cory Cormany was at last scheduled a hearing in front of the Defendant Paula Correal. 21. The aforesaid hearing regarded a theft matter concerning a vehicle, this vehicle being described as a Chevrolet Silverado, the allegations were as the following: 3921 Theft by unlawful taking, 3925 Rec. Stolen Property, 3928 Unauth. use of an automobile, 3502 Burglary, 3503 Criminal Trespass, 3304 Criminal Mischief. 22. At the time and date of the aforesaid hearing the Commonwealth of Pennsylvania called a Mr. Edward Bidelspach to testify to the alleged matter pertaining to the Plaintiff Cory Cormany. The witness on behalf of the Commonwealth did testify that his garage dealership was broken into and that there was a vehicle taken and that the vehicle was a Chevrolet. 23. At the time and date of the aforesaid hearing the Commonwealth of Pennsylvania called another witness to testify on behalf of the Commonwealth concerning the allegations directed against the Plaintiff Cory Cormany. The witness is now identified as the Defendant Gregory Fields. 24. On March 1st, of the year 1995, the Plaintiff Cory Cormany's defense questioned the Defendant Gregory fields. The defense attorney did ask the witness Gregory Fields if he saw the Plaintiff Cory Cormany take the vehicle indicated and alleged to be stolen by Mr. Bidelspach, and the Defendant John J. Sancenito. The Defendant Gregory fields (witness for the Commonwealth) responded by saying, "No, I don't know, I guess he did it, I don't know." 25. On the aforesaid date and time the Commonwealth asked the Defendant Gregory Fields ( witness for the Commonwealth) what happened on or about October 10th, of the year 1993. The witness said he was driving around Perry County with the Plaintiff Cory Cormany in a Chevy Silverado. 26. On the aforesaid date and time the Commonwealth of Pennsylvania asked the Defendant John J. Sancenito to testify to the facts of the crimes committed. The Defendant Sancenito read a report from the Pennsylvania State Police. In the report it was said that the vehicle recovered was a Chevrolet S-10, license number D42545D, registration number (vin IGCDCI4H5ESI25313), and that it was recovered on October , 19th, of the year 1993, in a corn field. 27. On the aforesaid date and time the attorney for the defense (Plaintiff Cory Cormany) asked the Defendant Gregory Fields if he had been drinking alcoholic beverages at the time he was supposedly with the Plaintiff Cory Cormany. The witness (Defendant Gregory Fields) responded by saying, "Yes, about five beers or so." 28. On the aforesaid date and time, at the aforesaid hearing, the Defendant Paula Correal was present and did preside. The Defendant Paula Correal did make several statements while the Plaintiff Cory Cormany's attorney was cross-examining the Defendant Gregory Fields (witness on behalf of the Commonwealth). The Defendant Paula Correal did direct a statement during cross-examination to the defense attorney Mr. Braught that it was close to lunch and that he (referring to Mr. Braught) had better get a move on with it, and that she was hungry and didn't want to spend all day with this case. The Defendant Paula Correal did also say that quote, this isn't the O.J. Simpson trial and that you (again referring to Mr. Braught) had better get a move on with it. In addition to the two previous remarks the Defendant Paula Correal did also make a comment in regards to the defense attorney Mr. Braught, stating the quoted words, "I'm the boss here and what I say goes." This statement was after Mr. Braught objected to the Defendant Paula Correal's line of reasoning concerning lunch. 29. On the aforesaid date and time, the Plaintiff Cory Cormany was denied the right to present work records that would clearly indicate that he was working on the evening of March 9th, of the year 1993, and the morning of March 10th, of the year 1993. He was also denied the right to call witnesses that could verify an alibi during the time that the alleged said crime did occur. He was also denied the right to present work records for the entire month of October of the year 1993. 30. On the aforesaid date and time of the aforesaid hearing, the Defendant Paula Correal was given the Police report which described the incidents and the vehicle that was alleged to be stolen. In the report it was stated that the alleged break in and theft occurred sometime between October 9th, of the year 1994, 1800 hours and October 10th, of the year 1994, 1140 hours. 31. On March 1st, of the year 1995, the Defendant Paula Correal did make a ruling and did remand the instant case to a higher court, despite that the facts of the case were not in order and that there was no actual witness that could substantiate the actual crime committed or that the vehicles described corresponded to the testimonies given or that a prima facie case against the Plaintiff Cory Cormany did actually exist based on the testimonies of the Defendant Gregory Fields. 32. In the Complaint issued by the Defendant John]. Sancenito it is clear that he did conspire with the solicitation of the Defendant Gregory Fields and with the solicitation of Thomas McDaniels. It is also clear that the solicitation of Thomas McDaniels does not constitute the commission of a crime, however the solicitation of the Defendant Gregory Fields does, and the testimonies of the Defendant Gregory fields does contradict the facts pertaining to the instant case and does constitute the commission of a crime. 33. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Gregory Fields saying and making false statements to law enforcement officials/ authorities. 34. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property and cash because of the Defendant Gregory Fields soliciting and conspiring and attempting to conspire with the Defendant John]. Sancenito and the Defendant Paula Correal. 35. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant John]. Sancenito conspiring with the solicitations of the Defendant Gregory Fields. 36. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of ~ \ . '( -" ..., ;Ve ,-" . '- ------ PLAINTIFF, CORY A. CORMANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA DC T C 2 nc:: "--')J ~ YS. CASE NO. 9S - 5.;l :J.:A. c...~ .J~ DEFENDANTS, GREGORY FIELDS J. J. SANCENITO PAULA CORREAL CIVIL ACTION - LAW JURY TRIAL DEMANDED TITLE 42 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 this Complaint and Notice are served by entering a written appearance personally or by attorney and 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. COURT ADMINISTRATOR 1 South Hanover Street Carlisle, PA 17013 the Defendant John J. Sancenito negligently performing his investigative duties involving the absolute circumstances of the case. 37. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Paula Correal negligently performing her administrative duties. 38. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Paula Correal's bias and unrulely attitude concerning the direction of the law. 39. The Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash because of the Defendant Paula Correal's inability to schedule a timely and speedy trial in accordance to the Plaintiff's rights and in accordance to the direction of the law. COUN1DNE CORY A . CORMANY YS. GREGORY FIELDS PENNSYL Y ANlA CRIME CODE FALSE SWEARING AND UNSWORN FALSIFICATION TO AUTHORITIES - 4903 AND 4904 40. The averments set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth at length. 41. The Defendant Gregory Fields did go to the Carlisle Police Station and did submit false statements to the officers in that he did describe events that were not true, and it is stated in the Complaint numbered twelve (1Z), and respectfully submitted exhibits: A-IJ 4Z. The Defendant Gregory Fields did make false statements to the Magistrate's authority in that he did testify contradictory the statements he made to the Carlisle Police Department. It is stated in statement numbered twenty-four and twenty-five (24 & ZS) of the Complaint. 43. The incidents described herein the Complaint are serious as having happened in the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 44. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and lost cash, and it is a direct result of the Defendant Gregory Field's actions and statements. The Plaintiff Cory Cormany does seek punitive and compensatory damages. 4S. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Gregory Fields, in an amount not in excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COUNTIWO CORY A. CORMANY YS. GREGORY FIELDS PENNSYLYANIA CRIME CODE: CRIMINAL CONSPIRACY. SOLICITATION AND ATTEMPT -- 901. 90Z. 903. 904. AND 90S 46. The averments set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth at length. 47. The Defendant Gregory Fields did solicit, conspire, and commit contempt in that he did go to the Carlisle Police Station and did submit false facts without evidence and did solicit untrue characteristics about the Plaintiff Cory Cormany. It is stated in numbered statement twelve (IZ), and respectfully submitted exhibits: A-rJ 48. The Defendant Gregory Fields did solicit untrue characteristics about the Plaintiff to the Defendant John J. Sancenito and the Defendant Paula Correal and it is respectfully stated in the Complaint numbered five through thirty-four (5-34), and in all of the foregoing exhibits. 49. The incidents described herein are serious as having happened in the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. SO. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and lost cash and it is a direct result of the Defendant Gregory Field's actions and statements. The Plaintiff Cory Cormany does seek punitive and compensatory damages. 51. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Gregory Fields, in an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COUNTTHREE CORY A. CORMANY YS. GREGORY FIELDS PENNSYLYANIA CRIME CODE: FALSE REPORTS TO LAW ENFORCEMENT AUTHORITIES 4906 5Z. The averments set forth in Paragraphs one through thirty-nine (I -39) of the Complaint are incorporated by reference as if set forth at length. 53. The Defendant Gregory Fields did go to the Carlisle Police Department and did submit a false report to the officers in that he did say the Plaintiff Cory Cormany was with him on an evening that he was not, and that he knew the Plaintiff committed a crime of which he did not. It is stated in the Complaint numbered statement twelve (IZ), and consequently the Complaint entirely, and respectfully submitted exhibits: A - AJ 54. The incidents in this account and within the Complaint are serious as having happened within the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 55. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and lost cash and it is a direct result of the Defendant Gregory Field's actions and statements. The Plaintiff Cory Cormany does seek punitive and compensatory damages. 56. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Gregory Fields, in an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COUNTFOUR CORY A. CORMANY YS. PAULA CORREAL PENNSYLYANIA CRIME CODE: OFFICIAL OPPRESSION AND FALSE IMPRISONMENT 530IAND2903 57. The averments set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth at length. 58. At the time and date of the aforesaid incident, the serving of the arrest warrant, the Plaintiff Cory Cormany was incarcerated and imprisoned by the Defendant Paula Correal. It is realized that in the events of due process and upon the serving of the arrest warrant, bail is an option and is set at the District Magistrate's discretion, the need for ongoing continuances are not an option and does violate the rights of the Plaintiff. Further; the Defendant Paula Correal did continue the preliminary process on a total of six occasions, not allowing the facts of the matters to be expressed nor the elements of the crime committed until March 1st 1995, as accordance to the law which may direct respectfully in this Complaint, respectfully submitted and attached thereto exhibits: A- t-Y 59. The Defendant Paula Correal did imprison the Plaintiff Cory Cormany by remanding the instant case mentioned in Statements seven through thirty-two (7-32) of the Complaint, to a higher court whereby the facts of the case did not legitimate doing so or making such a cause of action. 60. The Defendant Paula Correal did falsely imprison the Plaintiff Cory Cormany by remanding and declaring a prima facie case against the Plaintiff where there was no prima facie case established and it is stated in statements numbered seven through thirty-two (7-32) of the Complaint. The Witness/Defendant Gregory Fields did not identify the Plaintiff Cory Cormany as the individual who actually committed the alleged act. 61. In the aforesaid incident and is presented in the Complaint the Defendant Paula Correal was prejudice in performing her duties for the County of Cumberland in that the Defendant did remand the instant case to a higher court where there were contradicting facts as to the identity of the vehicle alleged to be stolen and that the Defendant did deny evidentiary records pertaining to the Plaintiff's whereabouts at the time the alleged crime was supposedly committed. 62. The Defendant Paula Correal was negligent in performing her duties for the County of Cumberland in that she did continue the preliminary process on a total of six occasions, thus violating the Plaintiff's rights to a speedy trial. Further; the Defendant did remand the instant case mentioned to a higher court without the Defendant Gregory Fields identifying the Plaintiff as the individual who committed the crime alleged. She did this out of negligence and prejudice for the very County she serves. 63. The incidents described herein are serious as having happened within the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 64. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation imprisonment, emotional distress, mental anguish, lost property, and lost cash, and it is a result of the Defendant Paula Correal oppressing and negligently performing her official duties for the County of Cumberland and it's entirety. The Plaintiff Cory Cormany does seek punitive and compensatory damages. 65. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Paula Correal, in an amount in excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. COUNT FIVE CORY A. CORMANY YS. PAULA CORREAL CIVIL TORT CLAIM: MALICIOUS PROSECUTION -- MALICIOUS ACT -- MALICIOUS ABUSE OF LEGAL PROCESS - DISCRIMINATION AND PREIUDICIAL ERROR ARTICLES FIVE. EIGHT AND FOURTEEN OF THE U. S. CONSTITUTION 66. The averments set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth in length. 67. At the time and date of the aforesaid incident stated in statements numbered seven through thirty-two (7-32) of the Complaint, the Defendant Paula Correal did Maliciously Prosecute, Act, Use process, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Defendant Paula Correal referred to a non-precedential case that held no merit when making a ruling concerning the instant case mentioned, respectfully submitted exhibits: ^-fJ 68. At the time and date of the aforesaid incident stated in statements numbered seven through thirty-two (7-32) of the Complaint, the Defendant Paula Correal did Maliciously Prosecute, Act, Use process, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Defendant did proceed to make a hasty and unsound judgment without using available time for recess, and that the Defendant Paula Correal did bring her personal desires before the priorities of the people of Cumberland. The Defendant did make an abonable statement outside of quote, "usual courtroom manner." It is realized that the statement, "I'm the boss here, and what I say goes," does not maliciously prosecute and discriminate in a direct manner alone, however it is said in combination with the two previously made statements made in statement numbered twenty-eight (28), to be categorized as bias, discriminatory, and malicious in all aspects. 69. At the time and date of the aforesaid incident stated in the Complaint, the Defendant Paula Correal did Maliciously prosecute, Act, Use process, and discriminate with prejudice against the Plaintiff Cory Cormany in that the Plaintiff's rights to a speedy trial were violated, the Defendant Paula Correal did not specify reasons for continuances, thus violating his rights to proper due process. Further Defendant Paula Correal did not substantiate a prima facie case and/or the facts relevant thereof and did remand the instant case to a higher court, without evidence or proper witness. 70. The Defendant Paula Correal did violate the Plaintiff Cory Cormany's Civil Rights and did forth writ the instant case to a higher court without evidence, fact, and witness. She did not follow proper format and time in continuing the preliminary process, and the Defendant did discriminate with prejudice in making the final decision to remand the instant case to court. 71. The incidents described herein are serious as having happened within the Borough of Carlisle and the Honorable District Magistrate's office, it did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 72. By reason of the aforesaid incident the Plaintiff Cory Cormany has suffered lost wages, public humiliation imprisonment, emotional distress, mental anguish, lost property, and lost cash, and it is a direct result of the Defendant Paula Correal's Malicious Acts, Prosecution, Use of Process, Discrimination, and Prejudism. The Plaintiff Cory Cormany doe seek punitive and compensatory damages. 73. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant, Paula Correal, in an amount in excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. . COUNTSlX CORY A. CORMANY YS. fOHN r. SANCENITO PENNSYLYANIA CRIMES CODE: PERFORMANCE OF DUTIES AS A POLICE OFFICER AND OFFICIAL OPPRESSION. 5301 74. The averments set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth in length. 75. The Defendant John J. Sancenito did discriminate with prejudism and actual malice while performing his duties as a police officer in that he did conspire with a known criminal and a convicted person of theft and did allegate the Plaintiff Cory Cormany without investigating the Plaintiff's history or the actual circumstances of the crime alleged, respectfully submitted exhibits include: A- rJ 76. The Defendant John ]. Sancenito did demonstrate actual malice in performing his duties as a police officer in that he did make an arrest based on the criminal solicitation of the Defendant Gregory fields, without having actual evidence to the crime committed. 77. The incidents and circumstances described herein are serious as having happened in the Borough of Carlisle and the Honorable District justice's Office. It did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 78. By reason of the aforesaid matter the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property and lost cash, and it is a direct result of the Defendant John ]. Sancenito's negligence and abuse of process. 79. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant John ]. . Sancenito, in an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. . Sancenito, in an amount excess of Ten Thousand and 00 Dollars (10,000.00) plus cost of suit. .' , . COUNTSEVEN CORY A. CORMANY YS. JOHN I. SANCENITO PENNSYLYANIA CRIMES CODE: CRIMINAL CONSPIRACY, SOLICITATION AND ATTEMPT -901. 902. 903. 904. AND 90S 80. The averments set forth in Paragraphs one through thirty-nine (1-39) of the Complaint are incorporated by reference as if set forth in length. 81. The Defendant John ]. Sancenito did conspire with a known and convicted criminal and did in fact arrest the Plaintiff Cory Cormany without investigating the history of the Plaintiff or even conferring with the Plaintiff as to the matters alleged. He did this knowing that he was conspiring to the solicitations thereof the Defendant Gregory Fields. 82. The Defendant John]. Sancenito did conspire and did arrest the Plaintiff Cory Cormany based on the solicitation of Gregory Fields and Thomas McDaniel. He did this with no actual evidence other than the solicitation of the aforementioned two individuals, respectfully submitted exhibits: t>- - JU 83. The incidents and circumstances described herein are serious as having happened in the Borough of Carlisle and the Honorable District justice's Office. It did cause the Plaintiff Cory Cormany to suffer lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property, and cash for excessive expenses. 84. By reason of the aforesaid matter the Plaintiff Cory Cormany has suffered lost wages, public humiliation, imprisonment, emotional distress, mental anguish, lost property and lost cash, and it is a direct result of the Defendant John ]. Sancenito's conspiratOrial actions. the Plaintiff does seek punitive and compensatory damages. " . . 85. WHEREFORE, Plaintiff Cory Cormany claims from the Defendant John ]. Sancenito, in an amount excess ofTen Thousand and 00 Dollars (10,000.00) plus cost of suit. " . YERIFICA TION I, Cory Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Gregory Fields, J. ]. Sancenito, and Paula Correal are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S.A. Section 4904 relating to unsworn verifications to authorities. DatedCj- d ~ -9J 8y~O c:::::. ~ Cory A. Cormany ~ " . . CERTIFICATION SERYICES AND NOW, this ~J:....._ day of -~=-k__, 1995, I, Cory A. Cormany foregoing the aforesaid matter for my attorney hereby certify that I have served the foregoing document upon the following by depositing a copy of same in the United States mail, at Carlisle Pennsylvania, addressed as follows: Gregory fields 19 North East Street Carlisle, PA 17013 ]. J. Sancenito North Middleton Police Department North Middleton Road Carlisle, PA 17013 C~a C-zr Cory. . Cormany I 10 I Claremont Road Carlisle, PA 17013 Paula Correal District Justice's Office 1 South Hanover Street Carlisle, PA 17013 @ PENNSYLVAIA CONSOLIDATED STATUTES ANNOTATED CRIMES AND OFFENSES 901. Criminal Attempt (a) Definition of attempt.- A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime. (d) Impossibility.- It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the crime attempted. (c) Renunciation.- (1) In any prosecution for an attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the com- mission of the crime attempted by abandoning his criminal effort and, if the mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commossion thereof. (2) A renunciation is not "voluntary and complete" within the meaning of this subsection if it is motivated in whole part by: (i) a belief that circumstances exist which increase the proba- bility of detection or apprehension of the defendant or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or (ii) a decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 902. Criminal solicitation (a) Definition of solicitation.- A person is guilty of solicitation to commtt a crime if with the intent of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission. (b) Renunciation.- It is a defense that the actor, after soliciting saSNaddO aNY SaWIEJ aalVlONNV salillVlS aalvaI~OSNOJ VINVA~ASNNad another person to commit a crime, persuaded him not to do so other- wise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal intent. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June, 1973. ~, 903. Criminal conspiracy (a) Definition of conspiracy.- A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of pro- moting or facilitating its commission he: (1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime. (b) Scope of conspiratorial relationship.- If a person guilty of conspiracy, as defined by subsection (a) of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, to commit such crime whether or not he knows their identity. (c) Conspiracy with multiple criminal objectives.- If a person conspires to commit a number of crimes, he/she is guilty of only one conspiacy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship. (d) Joinder and venue in conspiracy prosecutions.- (1) Subject to the provision of paragraph (2) of this subsection, two or more persons charged with criminal conspiracy may be prosecuted jointly if: (i) they are charged with conspiring with another; or (ii) the conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct. (2) In any joint prosecution under paragraph (1) of this sub~2ct~on~ t section: another person to commit a crime, persuaded him not to do so other- wise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal intent. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June, 1973. ". 903. Criminal conspiracy (a) Definition of conspiracy.- A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of pro- moting or facilitating its commission he: (1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime. (b) Scope of conspiratorial relationship.- If a person guilty of conspiracy, as defined by subsection (a) of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, to commit such crime whether or not he knows their identity. (c) Conspiracy with multiple criminal objectives.- If a person conspires to commit a number of crimes, he/she is guilty of only one conspiacy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship. (d) Joinder and venue in conspiracy prosecutions.- a) Subject to the provision of paragraph (2) of this subsection, two or more persons charged with criminal conspiracy may be prosecuted jointly if: (i) they are charged with conspiring with another; or (ii) the conspiracies alleged, whether they have the same different parties, are so related that they constitute different of a scheme of organized criminal conduct. (2) In any joint prosecution under paragraph (1) of this or aspects sub~,-:.:c ": ~.(jn. :"- - section: (i) no defendant shall be charged with conspiracy in any county other than one in which he entered into such conspiracy or in which an overt act pursuant to such conspiracy was done by him or by , a person with whom he conspired; (ii) neither the 1iibility of any defendant nor the admissibi~'c1 lity against him of evidence of acts or declarations of another shall be enlarge.(by such joinder; and C iii) the court shall order a severance or take a special verdict as to any defendant who so request, if it deems it necessary or appropriate to promote the fair determination of his guilty or innocense, and shall take any other proper measures to protect the fairness of the trial. (e) Over act.- No person may be convicted of conspiracy to commit a crime unless an overt act in pursuant of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired. (f) Renunciation.- It is a defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under the circumstances manifesting a complete and voluntary renunciation of his criminal intent. (g) Duration of conspiracy.- For purposes of 42 Pa. C.S. 5552(d) (relating to commission of offense): (1) conspiracy is a continuing course of conduct which termin- ates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; (2) such abandonment is presumed if neither the defendant nor any one with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and (3) if an individual abandons the goverment, the conspiacy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. As amended 1978, April 28, P.L. 202, No. 53, 7(2), effective June 27, 1978. 904. Incapacity, irresponsibility or immunity of party to solicitation or conspracy (a) General rule.- Except as provided in subsection (b) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that: (1) he or the person whom he solicits or with whom he conspires does not occupy a particular position or have a particular characteristic ~ which is an element of such crime, if he believes that one of them does, or (2) the person whom he solicits or with whom he conspires is irresponsible or has immunity to prosecution or conviction for the commission of the crime. (b) Exception.- It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under section 306(e) of this title (re- fating to status of actor) or section 306(f)(1) or (2) of this title (relating to exceptions). 1972, Dec. 6, P.L. 1482, No. 334, 1 effective June 6, 1973. 905. Grading of criminal attempt, solicitation and conspiracy fa) Grading.- Except as otherwise provided in this section, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy. An attempt, solicitation or conspiracy to commit murder or a felony of the first degree is a felony of the secound degree, (b) Mitigation._ If the particular conduct charged to constitute a criminal attempt, solicitation or conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither such conduct nor the actor presents a public danger warranting the grading of such offense under this section, the court may dismiss the prosecution. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. As amended 1974, Narch 26, P.L. 213, No. 46, 1, imd. effective. 90'. Multiple convictions barred A person may not be convicted of more than one offense defined by this chapter for conduct designed to commit or to culminate in the commission of the same crime. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. ~ , ~ UNSWORN FALSIFICATION TO AUTHORITIES 4904 (a) In general. - A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function, he: (1) makes any written false statement which he does not believe to be true; (2) submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or (3) submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false. (b) Statements "under penalty". - A person commits a misdemeanor . of the third degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable. (c) Perjury provision applicable. - Section 4902 (c) through (f) of this title (relating to purjury) applies to this section. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. FALSE REPORTS TO LAW ENFORCEMENT AUTHORITIES 4906 , (a) Falsely incriminating another. - A person who knowingly gives false information to any law enforcement officer with intent to impli- , cate another commits a misdemeanor of the second degree. (b) Fictitious reports. - A person commits a misdemeanor of the third degree if he: (1) reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or (2) pretends to furnish such authorities with information relat- ing to an offense or incident when he knows he has no information relating to such offense or incident. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6,1973. FALSE SWEARING 4903 (a) False swearing in official matters. - A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true is guilty of a misdemeanor of the second degree if: (1) the falsification occurs in an official proceeding; or (2) the falsification is intended to mislead a public servant in performing his official function. (b) Other false swearing. - A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is a guilty of a misdemeanor of the third degree, if the statement is one which is required by law to be sworn or affirmed before a nctary or other person authorized to administer oaths. (c) Perjury provisions applicable. - Section 4902(c) through (f) of this title (relating to perjury) applies to this section. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. cg OFFICIAL OPPRESSION 5301 A person acting or purporting to act an official capaci~y cr taking advantage of such actual or purported capacity commits a mis- demeanor of the second degree if, knowing that his conduct is illegal, he: (1) subjects another to arrest, detention, search, seizure, mis- treatment, dispossession, assessment, lien or other infringement of personal or property rights; or (2) denies or impedes another in the exercise or enjoyment of ( any right, privilege, power or immunity. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. FALSE IMPRISONMENT 2903 A person commits a misdemeanor of the second degree it he knowingly restrains another unlawfully so as to interfere substantially with his liberty. 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. @ RULE 142. CONTINUANCE OF A PRELIMINARY HEARING The issuing authority may, for cause shown, grant a continuance and shall note on the transcript every continuance together with: (1) the grounds for granting each continuance, (2) the indentity of the party requesting such continuance, and (1) the new date and the reason that the particular date was chosen. Note: Formerly Rule 124 adopted June 30, 1964, effective January 1, 1995, suspended effective May 1, 1970; present rule adopted January 31, 1970, effective May, 1970; renumbered September 18, 1973, effective January 1, 1974; amended October 22, 1981, effective January 1, 1982; amended July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986. RULE 4004. STANDARDS FOR SETTING BAIL In setting pre-verdict bail, bail shall be such as to insure the presence of the Defendant as required by the bond and shall be deter-' ined according to the following standards: (i) the nature of the offense charged and any mitigating or aggravating factor that may bear upon the likelihood of conviction and possable penalty; (ii) the Defendant's employment status and history and his financial condition; (iii) the nature of his family relationships; (iv) his past and present residence; (v) his age, character, reputation, mental condition, record of relevant convictions, and whether addicted to alcohol or drugs; (vi) if he has previously been released on bail, whether he appeared as required; and (vii) any other facts relevant to whether the defendant has stong ties with the community or is likely to flee the jurisdiction. Note: Adopted July 23, 1973, effective sixty days hence, replacing prior Rule 4005. RULE 140. PRELIMINARY ARRAIGNMENT (a) At the preliminary arraignment, a copy of the complaint accepted for filing pursuant to Rule 108 shall be given to the defen- dant. (b) If the defendant was arrested with a warrant, the issuing authority shall provide the defendant with copies of the warrant and supporting affidavit(s) at the preliminary arraignment, unless the warrant and affadavit(s) are not available at that time, in which event the defendant shall be given copies no later than the first buisness day after the preliminary arraignment. (c) If the defendant was arrested without a warrant pursuant to Rule 102, unless the issuing authority makes a determination of probable cause, the defendant shall not be detained. (d) The issuing authority shall not question the defendant about the offense(s) charged but shall read the complaint to the defendant. The issuing authority shall also inform the defendant: (1) of the right to secure counsel of choice and the right to assigned counsel in accordance with Rule 316; (2) of the right to have a preliminary hearing; and (3) if the offense is bailable, of the amount of bail demanded and the types acceptable as provided in these rules. (e) Unless the preliminary hearing is waived by a defendant who is represented by counsel, the issuing authority shall: (1) fix a day and hour for a preliminary hearing which shall not be less than 3 nor more than 10 days after the preliminary arraignment unless (i) extended for cause shown, or (ii) the issuing authority fixes an earlier date upon request of the defendant or defense counsel with consent of the complaint and the attorney for the Commonwealth; and (2) give the defendant of the time and place of the preliminary hearing thus fixed. (f) After the preliminary arraignment, if the defendant is detained the defendant shall be given an immediate and reasonable opportunity to post bail, secure counsel, and notify others of the arrest. Thereafter if the defendant does not post bail, ho or she shall be committed to jail as provided by law. (g) If bail is set, the issuing authority shall accept bail at any time prior to the return of the docket transcript to the court of common pleas. Note: Oringinal Rule 119 adopted June 30, 1964, effective January 1, 1965; suspended January 31, 1970, effective May 1, 1970. New Rule 119 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 140 September 18, 1973, effective January 1, 1974; amended April 26, 1970, effective July 1, 1979; amended January 28, 1983, effective July 1 1983; rescinded August 9, 1994, effective January 1, 1995. New Rule 140 adopted August 9, 1994, effective January 1, 1995. RULE 141 PRELIMINARY HEARING (a) The attorneyfor the Commonwealth may appear at a preliminary hearing and: (1) assume charge of the prosecution; and (2) recommend to the issuning authority that the defendant be discharged or bound over to court according to law. Cb) When no attorney appears on behalf of the Commonwealth at a Preliminary hearing, the affiant may request the issuing authority to ask questions of any witness who testifies. (c) The defendant shall be present at any preliminary hearing except as provided in these rules, and may, if he desires: (1) be represented by counsel; (2) cross-examine witness and inspect physical evidence offered against him; (3) call witness on his own behalf other than witness to his good reputation only, offer evidence on his own behalf and testify, and (4) make written notes of the proceedings or have his counsel do so, or make a stenographic, mechanical or electronic record of the pro- ceedings. Cd) If a prima facie case of the defendant's guilt is not establish- ed at the preliminary hearing, and no application for continuance, supported by reasonable grounds, is made by an intrested person, and no reason for a continuance otherwise appears, the issuing authority shall discharge the defendant. Note: Formerly Rule 120, adopted June 30, 1964, effective January 1, 1965; 1965; suspended effective May 1, 1970; revised January 31, 1970, effective May 1, 1970; renumbered and ameneded September 18, 1973, effective January 1, 1974; amended 30, 1975, effective July 10, 1975; amended October 21,1977, effective January 1,1978; paragraph (d) amended April 26, 1979, effective July 1, 1979. RULE 143. DISPOSITION OF CASE AT PREL't'MINARY , HEARING (a) If the Commonwealth establishes a prima facia case of the defendant's guilt, the issuing authority shall hold the defendant for court. Otherwise, the defendant shall ~e discharged. Tn either , case, the decision of the issuing a~thority shall be publicly pro~ nounced. (b) When the defendant has heen held for court, the iss~ing c authority shall: (1) set bail as per'mitted by law if the defendant did not recieve a preliminary arraignment; or (2) continue the e~isting bail order, ~nless the issuing authority modifies the order as permitted by R~le 4005(a) Note: Formerly Rule 123, adopted June 30, 19"64, e.ffective Janl1ary 1, 1965, suspended effecti've 11ay 1, 1970; present rule adopted January 31, 1970, effective May" '1970; renumbered Septe-mber 18, 1973, effect;lye January 1, 1974; a1l\ended January 28, 1983, effective July 1,1983, amended August 9, 1994, effective Jan~ary 1, 1995. General: 'Ente~ed 03/0i>/1~~2 12:05 PM by KRD b~anth & :;:Dat~ Acq 03/0i>/1~92 :) ~ Code SENTINEL " Prev Status W Sts Chg Date 11/23/1993 Chg Method A Next Status Nxt Sts 1)ate Dte Lst Cont 12/22/l993 PAYRllLL STOP DATES 1l/13/19~3 10/09/1~93 1l/0i>/ 1~~3 10/02/1993 10/23/1993 09/25/1~93 10/1&/1993 ~9/\611993 @ incept H~S ~4j.65 Rejection.. W/O COlpany Nale Prl 5ia~i Day &111 Pay Rsn User Date/Tile Eligibility: One Tile le,el of One Tile level of One Tile level of 1000 nours has aceulujatea 449 hDU~' 40 hours nas oeen reacheo 999 hour. has accululated ~~9 hou~. W/O eolpony In' # Typ Reg H~s Oth.~ Hrs lnv Date CoOl"ll 66%700&&0-001 EXEL C05\l3.2 R 22.50 0.00 1l/18/1993 WIll l Chec~ tl~74~0 \1117/1993 WE:ll/13/1993 Pay: 120.00 - 19.40 = 10&.54 ~jp%U0&oH01 Em. CIl50054 H 15.0<1 0.!l0 11/111!.~93 _\!l'll_ l Check #146228 11/1011993 t.tt::1\i0&/1993 Pay: &4.0<1 - 9.75 = 74.25 &0%700&&0-001 EXfL C049469" 37.80 8.00 10128/1~93 WM1 L Check #143858 10/27/1993 WE:10/23/1993 Pay: 211.68 - 42,25 = 169.43 &6%700606-081 EXEL C049164" .0,0<1 5.10 10121/1993 WIll L Check #142810 10/20/1993 WE:10/16/1993 Pay: 266.84 - 56.9\ = 209.93 6&%7 80..6-001 fAEL C04888&" 30.00 8.0<1 10114/1993 WIll L Check #141645 10/13/1993 WE:10/09/1993 Pay: 168.00 - 30.02 = 137. 66%7 00&6&-001 EXEL C04 2l .00 10/07/1993 WMl L Check #140662 10/0./1993 WE:10/02/1993 Pay: 108,00 - 30..2 = 137.3B 66m 00600-081 EXEL C048302 R 22, /0 0.00 09/30/1993 Wi'l1 l Check #139497 09/~/1993 WE:09/25/1993 Pay: 127,12 - 19.75 = 107.37 00%700&66-001 EXEL NO BILL y -40.00 -5.00 Wi'l1 l Check #198460 09/24/1,,3 Wf:09/18/1993 ~ay: -2bo.00 - -56.70 = -209.30 60%7 0060.-001 EXEL C,*>032 " 40.0<1 5.00 09123/1993 WM1 L Check #198.6009/2211993 WE:09/lBI1993 ~ay: 200.00 - 56.70 = 209.30 1,0%7 Q0(,b&-081 Em NO BILL M .0.00 5.00 WIll L Check #1384.0 09/22/1993 WE:~I\&/1993 Pay, lbb.0<I - 56.70 = 209.30 66907006&0-081 EXfL C'047736 R 30.00 0.00 09/1&/1993 WIll L Check il37335 09/15/1993 WE:09/1I/1993 Pay: 10B.00 - 30.62 = 137.38 &6967006&0-001 EXEL C047~54 R 35.80 0.00 09/09/1993 WIll L Check 11302b9 09/09/1993 WE:09/04/1993 Pay, 155.73 - 27.36 = 12B.37 38452 82.73-080 ROSSSTORES 0030696" 32.00 0.00 04/23/1992 KRD Check 178594 04/23/1992 WE:04/18/1992 Pay: 100.00 - 35.81 = 124.19 38452 02.73-000 ROSSS10i<ES C030536 " 16,00 0.00 04/1./1992 KRO Check 177949 04/10/1992 WE:04/ll/1992 Pay: 80.00 - 14.37 = 65.63 l8131 0088&-00<1 AAERiCANPA C030346 R 4.25 0.00 04/10/1992 WMG Check .77400 04/15/1992 WE:04/11/1992 Pay: 24.44 - 2.88 = 21.5& 72~7 02473-000 ROSSSTOi<ES C030170 H 2..25 0.0<1 04/02/1992 WM2 Check .76787 04/02/1992 WE:03/28/1992 Pay: 121.25 - 25.43 = 95.82 724702473-000 ROSSSTORES C029982 R 40.00 6.25. 03/20/1992 WM2 Check .7016. 03/2&/1992 Wf:03/21/1992 Pay: 246.BB - 59.09 = 187.79 '24702.73-000 RDSSSTDRES W9814 R 13.00 0.00 03/19/1992 Wi'l2 \JO......" ... ~Jlo>H"_t ....r...~f'lo.,'l>.'7').. F'cay" "s.,"" j.~..)i. - SJr.i>G ~ }FC Temps, Inc. ^,-lo;bt~., I. IFC Pro Temps. InC. . )FC Surch )FC Personne (111) 2434415 fax (117) 2,,:)-4974 WJ-IEN yOU THINK lOllS - , TIlINK . . . \ \ 169 West High Stl'eet CilrU$le. P A 17013 LYNN J-IACKENllERG Branch Manager \ ......-.-"-" ~~ . Jf ;$~. //..- ~/- 91 , CD -. / I qq 3~. , /19/' _ ~- jO " " I~!h ~ 3'" /0 i 'I~ , \ {,,!17_- ~-Io !{)!It/ J-(O [0/1' Q - 10 , , Il>ih.j ,- ;-(0 (Cf;.z.- ~ ~ -jO [017-1:1 "1-fo -,' . \(....,--...., \;l(:~. am"AL . "'0, ,', DISTRICT JUSTICE R! ~1m:f!',c;;;r.tIO.,~l ~ PA.. 17013 -@,... :,.j....., '.. . .~...;.. ... '.' '. ,~,.~ .""', ~.? COMMONWEALTH OF PENNSYLVANIA DEFENOMirf<?:";" VS. . . '.',:' (Name oJ Affiant) . ~.trn:If ~ .POLlCE 1EP.ARnt!M' !;:~'!...:,_ '''., ,.,,;J'l.,"",~" '',0 '~,~!~;r"~~"k NAME AND",.*;~.' ADDRESS ;~,.~,:,{tt'; R. sA' ' AKA " '.'" , ///"'./ - // ./// '/;h~4.,.. . " "';"::"'~"'P'lSI oJD1mp/a/nan/) f!"''.',,~, ~ f .' '" ,_ _:_....._'\ ,~~,~...,,>.~:~~"'~:"'..' mplll' has been pro 1Y-~9~i:lIeted "lind, ". .~ ...,;,;;;,( '.........7,'/,' ,/': i' / j ,-- "--"-'-.-\'" I i l1./.,tM:..~ '~'. ,...,~'.....,,: r- .. \ '~~SEA J ([ssuing AllIi)orlty) , .. ,19 94 (Magisterial District) ~, +-. WARRANT '0 ,",. "_0,1 "..,+\-........;,,""rl n"'T"Clrln. Pl1rC!Il~"t ~ :Ontinuation Sheet Arrest Of CORY ALLISI'ER CORMANY ;~,," . 'J ~;';"""'-......., PA;CRIME'SaJDE SECITON 3502(8)';' BURGURY: THE DEFENDANT DID WILFULLY, MALICIOUSLY, FEWNIOUSLY IIND BURGLARIOUSLY ENTER Wl'rnOUT LICENSE OR PRIVILEGE, A CERTAIN BUILDING OR OCCUPIED STRUCTIlRE, roWIT; THE DEFENDANT DID ENTER BIDLESPACH MJI'ORS AT 1603 SPRING RD., OR SEPARATELY SECURED OR :JCCUPIED PORTION THEREOF, WHICH SAID PREMISES WERE Nor THEN OPEN TO THE PUBLIC, WITH THE INTENT ro CCM1IT A CRIME TIlEREIN. PA. CRIMES aJDE SECITON 3503(8).(1) - CRIMINAL 'lRFSPASS: THE DEFENDANT DID, KNOWING TIlAT HE WAS ~ar LICENSED OR PRIVILEGED TO DO SO, EN!t;K OR GAIN AOCESS BY SUBTERFUGE OR SURREPTITIOUSLY REMAn IN BIDLESPACH MJI'ORS AT 1603 SPRING RD., A BUILDING OR OCCUPIED S'IRUC'I1JRE OR SEPARATELY SECURED JR OCCUPIED PORTION THEREOF. PA. CRIMES aJDE SECTION 3304(8) (2) - CRIMINAL MISCHIEF: THE DEFENDANT DID INTENTIONALLY OR lliCLESSLY,TAMPER WITH THE TANGIBLE PlIDl't:!U'Y OF BIDLESPACH MJI'ORS WHEN HE DID PRY OPEN THE FRONT JOOR TO GAIN ENTERY AND DID CAUSE DAMAGE TO A STEERING COLUMN AND SUNROOF OF A VEHICLE,..A219.87 ffiRD MUSTANG, PARKED TO THE REAR OF THE PROPERTI. erify that the facts set forth in this c~laint are true and correct to the best of my <{ledge or information and belief. '!his verification ~ J?Ilae.Isubject to tI:e.penalities of :ion 4904 of the Crimes O:xie relating to unsworn falsJ.fJ.catJ.on to authorJ.tJ.es. !)c1~ ;)6" ,19.:M vft; ~ b.vt- ) ~nat:f'e 0 Comp mant now, on this dateO!:I' ,19 (jr,e,I certifr the ccxnplaint has been properly completed ';~f; :;"'" ilim u ""babtor""". f~ '~J (,FAL) .".d., Di". ,,:,"< - ""hod 'y -- ---,"-'-- .-.~'.' - ._. .-.-._...,'-~~~-.-- . ~ Pl>ill 1 OF 2 'A~BAVIT RIDER CONTAINING PROBABLE CAUSE FOR TH~ANCE OF A WARRANT OF ARREST -.' ,.-'" '.t1la CORY ALLISTER CORMANY 60 sourn SIDE DR. NEWVTTJ F., FA 17?41 D.O.B.: OR-17-hh ON 10-10-93 AT APPROXIMATELY 1140 HRS. EDWARD BIDELSPACH, THE OWNER OF BIDELSPACH MOTORS, REPORTED A BREAK IN AT THE BUSINESS AT 1602 SPRING RD. IN NORTH MIDDLETON TOWNSHIP. THE BUSINESS WAS FORCIBLY ENTERED SOMETIME BETWEEN 10-09-94 1800 BRS AND 10-10-94 1140 HRS. ENTRY WAS GAINED BY PRYING OPEN, THE FRONT DOOR. ONCE INSIDE THE BUSINESS THE PERPETRATOR OPENED A G~GE:DOOR AND BACKED OUT A PICKUP TRUCK THAT WAS INSIDE. THIS TRUCK WAS LEFT OUTSIDE. THEY KEYS TO ANOTHER PICKUP TRUCK WERE TAKEN FROM INSIDE THE GARAGE AREA. THAT PICKUP TRUCK, A BLACK OVER SILVER 1984 CHEVROLET SILVERADO DISPLAYING PA. REGISTRATION PLATE D42545D (VIN # 1GCDC14H5ES125313), WAS PARKED OUTSIDE THE GARAGE. THAT VEHICLE WAS TAKEN FROM THE LOT. ,. A 1987 FORD MUSTANG, PARKED TO THE REAR OF THE BUILDING, WAS FORCIBLY ENTERED THROUGH THE VEHICLES SUN ROOF. THE IGNITION SWITCH WAS REMOVED BUT THE CAR WAS NOT TAKEN. ON 10-14-93 AT APPROXIMATELY 1235 HRS. GREGORY FIELDS WENT TO THE CARLISLE POLICE DEPARTMENT AND SAID THAT HE HAD INFORMATION ON A PICKUP TRUCK. THAT WAS STOLEN FROM BIDLESPACH MOTORS. HE WAS MlRANDIZED AND DID SIGN A WAIVER OF HIS RIGHTS. HE THEN GAVE A STATEMENT THAT HE WAS OUTSIDE BIDLESPACH MOTORS WHEN THE TRUCK WAS STOLEN. FIELDS SAID THAT HE AND CORY CORMANY WERE WALKING ON SPRING RD. AT ABOUT 0400 HRS. THEY WERE WALKING PAST BIDLESPACH MOTORS WHEN CORMANY SAID "COME ON" AND WALKED OVER TO THE CAR DEALERSHIP. FIELDS REPORTED THAT HE STAYED ON THE OTHER SIDE OF THE STREET. HE REMAINED THERE EVEN THOUGH CORMANY TOLD HIM SEVERAL TIMES TO GO OVER AND HELP HIM. HE COULD NOT SEE WHAT CORMANY WAS DOING. HE THEN SAW A GREY PICKUP TRUCK IN THE PARKING LOT AND THOUGHT THAT SOMEONE CAME. HE STARTED TO WALK AWAY WHEN A PICKUP TRUCK PULLED OUT OF THE LOT. IT TURNED NORTH ON SPRING RD. BUT THEN TURNED AROUND AND CAME BACK TO WHERE HE WAS. THE BLACK AND GREY PICKUP TRUCK PULLED UP AND CORY CORMANY WAS INSIDE. FIELDS GOT INTO THE VEHICLE AND THEY DROVE AROUND FOR SEVERAL HOURS. THEY THEN PARKED THE TRUCK AT THE CARLISLE HOSPITAL AND WENT THERE SEPARATE WAYS. CORMANY KEPT THE KEYS TO THE VEHICLE. ON 10-19-93 THE VEHICLE WAS RECOVERED BY THE PENNSYLVANIA STATE POLICE IN A CORN FIELD OFF OF LISBURN RD. IN SOUTH MIDDLETON TOWNSHIP. ON 10-13-94 AT APPROXIMATELY 2000 HRS. GREGORY FIELDS AND AN UNDERCOVER OFFICER OF THE PENNSYLVANIA STATE POLICE, CORPORAL THOMAS MCDANIEL, WENT TO CORMANY'S RESIDENCE LOCATED AT 60 SOUTH SIDE DR. IN PENN TOWNSHIP. IN THE PRESENCE OF CORPORAL MCDANIEL, CORY CORMANY AND GREGORY FIELDS REMINISCED ABOUT THE LAST TIME THEY SAW EACH OTHER. FIELDS ASKED CORMANY IF THE 'l.'RUCK THEY TOOK WAS A uted th~;~~~?)day 0 od~... 19.9.>1 '- " ~. 'CZ,r~vI; (Signature of Affiant) lally appeared before me on .~..X... 191.Y" the Affiant above named, who, being duly sworn led) r I to law I ed s Affidavit Rider in my presence and deposed and said that the facts set forth 1 a true a corre to t t of Affiant nowledge, information and belief. [SEAL] 0G . 1'.' _n_.- ------- i. : PJa: 2 OF 2 ..JAVIT AIDER CONTAINING PMO'A'LE CAU,E FOB THE ISSUANCE OF A WABBANT OF ABBEST FOR CORY ALLISTER CORMANY 60 SOUill SIDE DR. NEWVIILE, FA. 17241 D.O.B.: 08-17-66 FORD. COID"_!U1Y REPLIED THAT IT WAS A "CHEVY SILVERADO" AND THAT IT "HAD A' DELeo RADIO". CORMANY WENT ON TO ADD THAT IT WAS A TWO WHEEL DRIVE AND THAT AFTER HE HAD DROPPED FIELDS OFF HE CONTINUED TO USE IT. CORMANY SAID THAT THEY HAD A GREAT TIME DRIVING ALL OVER PERRY COUNTY AND THAT FIELDS ALSO DROVE THE VEHICLE THROUGH DUBLING:GAP. > -:tIv ~ / Executed t~iS ~"....... day f~..... 19.9.')1 ,'- ~. 1IVCL~ (Signature of Affiant) Personally appeared before me on ~J.6.""., 19.ft: the Affiant above named, who, being duly sworn (affirmed) according to law, signed this Affidavit Rider In my presence arid deposed and said that the facts set forth therein are d carr to th est of Aff ts knowledge, Information and belief. [SEAL! COMMONWEALTH OF PENNSYLVANIA / COUNTY OF: CUMBERLAND Mag.Dlsl N",: 09-2-01 OJ Name: Hon. . PAULA P. CORREAL Add....' EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE . CARLISLE, PA ro'op""". (717) 240-6564 17013-0000 CORY A. CORMANY 1883 DOUGLAS DR. CARLISLE, PA 17013 '. 18 S3921 SSA THEFT BY UNLAWFUL TAKING (Charge) 18 ~3925 SSA REC. STOLEN PROPERTY (Charge) NOTICE OF CONTINUANCE @ COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS rcORMANY, CORY ALLISTER 1883 DOUGLAS DR. CARLISLE, PA 17013 L Docket No,: CR-0000529-94 Date Filed: 10/26/94 OTN: E 726607-0 -, -3 2/08/95 Please note that the hearing in the above captioned case, which was scheduled to occur on: has been continued to: ,Date: . 3/01/95 Place: '<<"":""'.,i.\ EAST WING - COURTHOUSE ilr;u~l'; 11: 00 AM 1 COURTHOUSE SQUARE ' . .. \t"~ CARLISLE. PA 17013-0000 If youha~e any questions, please contact this office immediately. . To appear as witness: FIELDS, GREG ~~.~,.--,~, '~MCDANIEL, CPr,. -TH6MA~~T"""'~1""';'::;__, Continuance requested by: DISTRICT JUSTICE 11 you are disabled and requ(dZr nee, PGI"1ontact the Magisterial D~~t~~~r~~ l.\'th~!,:dre88 above. ) G r - /J ",KP.AAI (j f t) '" ..<-- f - I ~ Date &.e- '<- (,OQ""v....."-( . " District JustTge -. . ,''''' " 'j: ~ ~.' My commission expires first Monday of January, 2000. '1" sE'J\!:'... , ., " ~~ ~ . ,~.. .~. ~. . ~ ,-,,.. {",,:,,:,"J. -4,~' '''' t" ',' -f,."'" . ""'~:~':"':"-<;" A.....Of"'~1f;..94 "'OI"fT~n: 2/09/9510:00:17 , if;;; I:"",.-'N' ~;270,1 \1;. DIS'J.'rt.L~J. Vw.......__ COMMONWEALTH OF PENNSYLVANIA n~______ NOTICE OF CONTINUANCE CR-0000529-94 COMMONWEALTH OF PENNSYLVANIA VS CORMANY, CORY ALLISTER fARGE;,' DESCRIPTION ",". i3928;5SA UNAUTH. USE OF AUTOMOBILE S3502:;SSA BURGLARY S3503:'~SAII CRIMINAL TRESSPASS S3304"SSA2 CRIMINAL MISCHIEF ",.::.:.. "'i, ~.-~."- c' _. ;._",....':;~. .,': ~ k '''"f-!~'~ -, -""''--''r-- c',__ >-~ - "".c. - ..- ",--",,:,.-,~..,....,- "_.-c.:'., " !",i :.' . '~-F"'"~'-: "_.':;;: "'T ,i"" -~-+"~'~'-r,~;'-c 1;"(1r'" "';~T '7""'~~."-'; "'-~""'.,-:-:-._-"C ._,- F ~""-~. ,;... ~...,.-. ..- PRINTED: 2/09/95 10:07:23 - . - --~--_._~----~----_.~- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF CONTINUAl ''"'''' 09-2-01 G) COMMONWEALTH OF Mag. otst No.: OJ Name: Hon. PAULA P. CORREAL Ad~...., EAST WING - COURTHOUSE .. 1 COURTHOUSE SQUARE CARLISLE, PA DEFENDANT: (1;",' re1ephono:(717) 240-6564 17013-0000 f(:ORMANY, CORY ALLIASTER ~~7'> . 60 SOUTH SIDE DR. ., NEWVILLE, PA 17241 h; CORY A. CORMANY L ~2.,:i.,~.6()"SQt1JH .~IDE DR. Docket No:: CR-0000529-94 '.. NEWVn;t.E;- PA~17'24'1"";"'''-'~-''''=-~'''''' .~"..~-, .Data..Eilerl' 1 () ~2 6.1Jt4_ . .~. . ...... .l.."..cJi~ \__:7',,::-~:::___~!,,-.~O: ~E.".J2,6:5ifi..,n::;:~ IJ.~:~~.~_~,;;;.~~"-~'~'w",' ~- -' PENNSYLVANIA .~id:~:,. ',',' VS. ., --' ,. ;' I 18 S3921 SSA THEFT BY UNLAWFUL TAKING (Charge) 18 ~3925 ~~A REC. STOLEN PROPERTY I (Charge) Please note that the hearing in the above captioned case, which was scheduled to occur on: has been continued to: 1/18/95 . ..". ,..': ' . Qate: .-' -i. ._- . Time: 2LO:8J9~ .- 2:00 PM _Place: _. ,. ... . EAl'iT..::wi@ ;.~:- 1 COURTHOUSE SQUARE CARLISLE. PA 17013-0000 . If you-. have any questions, please contact this office immediately. :.~=c_~ro:appd~r_as:Witness:'~::y: ":---'~'--<'~~-'i;:i:.~'C'--'.-f:'. FIELDS, GREG \ , I "."-"'~- - ~, .. ~' MCDANIEL, CPL. THOMAS / . Continuance requested by: DISTRICT JUSTICE ___:::-~~~C'".~~--+"-----'r""-' v.~,----- __.__--.-u' "..' .._...-.--:-.,:.....~,_.:=-~-,.-~7~~~--.---r--~ - _'" '::;----'--'.--'- .-'"--~.~-"-~-." . It'you are iUsabled and require assistance, please contact the Magisterial District 'Office lat the address above. Date G?t<::... @~_ ~ ., District Justice My c mmission expires first Monday of January,. 2000 . ~ SEAL . ,..h_,' .' . , ,..' . " , ", .J ~",~;,.{,:; - ,-, Aope 616-94 PRINTED: 1/17{95 12.56:49 ""._._____~____ _._ u__.___,_--,---.-,___ r~ r.o.''',', ~:~/ .{ i~r~: "- "; '~., ;i:;,. "" " ~~i;, - :':' ;~'::,',,;"',; :: q':' , CHA~GE ' DISTRICT JUSTICE SYSTEM COMMONWEALTH OF PENNSYLVANIA PAGE 1 ADDITIONAL CHARGES NOTICE OF PRELIMINARY HEARING CR-0000529-94 COMMONWEALTH OF PENNSYLVANIA VS CORMANY, CORY,ALLISTER DESCRIPTION .,. ,,'. 18, S3928SSA UNAUTH. USE OF AUTOMOBILE '18eS3S0'Z"'SSA'BURGLARY' . '$1 S3503 SSAlI CRIMINAL TRESSPASS 1~S3304 SSA2 CRIMINAL MISCHIEF ! ~ -,1:hr .- ~l"i,,"l~"" ," W"',, "",,,,,.t \t.. , '-ex .. 2~"~:}'~\:<'~1"//" :-: ~~;.r~,~,,~".,"i,.,..,;"'J ';-" ~- " . . -~-"-?""~':---=.' .' '".:.' ~;;, . ,> , c" , ~. -,' " ,. . ~ " ,,' !- ~r.l"",!,- : ~ --t., - .-. '-' A e< 1 .:,,"_~. .~. 'c' , -.\. ) 'l I - 'l-',' i' ,\',-, . .J"';-'- --'7=::';'" ~=.~.~~-~,-".~ --~7"--':"''''F'''' ~.'IlI, , ., "~' ~ . t~' · . . ~ ,,} l-t " ~/ ~~ .....'~t. i:'- i)(.I,~'" ,. t- . ::'t...,4:!~';' ,,~~ ,...... ~ ~ . ....}Jior " ~ '. l, PRINTED: 11/15/94 9::~4 :29 ...... '" '~'-~~i;f;'.d:, \ ' . ",~.__~.....i!,'~'.'.:"\,:,;r.'~l,~.a:-~~~;~""ll..;t~~-""";"-'''":!~t-'''';'~..' \r\ I' I ~ l __)(1 c I "/"/,, / L (' I ,~ ".,.-. "'~" . DISTRICT JUSTICE SYSTEM COMMONWEALTH OF PENNSYLVANIA PAGE 1 ADDITIONAL CHARGES ~ - . -c..~'-r'~' ~~~.., . ~\.:, ' !If;', ~lt'I', i~t,~ HARGE, <".-..,' NOTICE OF CONTINUANCE CR:"0000529-94 COMMONWEALTH OF PENNSYLVANIA VS CORMANY, CORY ALLISTER DESCRIPTION ~ 5392855A UNAUTH. USE OF AUTOMOBILE 53502 55A BURGLARY 53503 55A1I CRIMINAL TRESSPASS 53304 S5A2 CRIMINAL MISCHIEF ~f'.:':;'r:"'-,'7'~~,"""'-"";:.e:':.. , ~. .c~, Tc~,..",~_.~l" ~-~. " -'t,tr:-'~.~,.- "-'~'--~-" ",_,0 '"'+','. "..v'."'.'C Yt\/~:\' ~'\')?<,' " b'~''j;,~,- ,~ ~1~i~~:J ~;:\(-a:, ~ 1'1, "., ~;!::,.l'<,;' :s~.~:' . ~~/' : ~,b>: ~'\Ji'{" ',\,?~:'r;:>~' ~~~:?~~l("''';':_~';""",~.",~",--,*,-,;"",-.-~,,-- .~..:.:-~ ~'/ '~ ' ~'--~'--~: r' t~~\ 1\. >'"",.j' 'J;.. .\., '-. ~"~-"~'.-,~ _.~:,~.~~~-~~~':t;l?i'::,;,~~ -,-,t', ;,~LT'~^~'--' :~..._.. . ;. ~. . . . , . l . . , " '~ "~" " I,.....' " 1 ' .' - , I. \ \ , , ~ ~ ~ PRINTED: 12/06/94 14:43:47 . . "",i ,"\' ':-'" COMMONWEALTH OF PENNSYLVANIA C UNTY OF: CUMBERLAND NOTICE OF CONTINUANCE " \r Mt,g. DIBt. No.~/ 09-2-01 cD COMMONWEALTH OF PENNSYLVANIA OJ NlUTle: Hon. ": '.\ PAULA P. CORREAL Add.... EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA "".pho,,, (717) 2.40-6564 17013-0000 , ) VS. , CORY A. CORMANY 60 SOUTH SIDE DR. NEWVILLE, PA 17241 DEFENDANT: NAME and ADDRESS 'cORMANY, CORY ALLISTER 60 SOUTH SIDE DR. NEWVILLE, PA 17241 , L Docket No.: CR-0000529-94 Date Flied: 10/26/94 OTN: E 726607-0 , '''f , "_. .,...... ... ~:"~ ". .--- .-.-, , "-~--'--'- .4 . . , .":~~::~':"};~":~;'::~"'~,.,,'~:-,,_." 1 ~,,' - -"~_ dr:- -. I ' ~ -~":;'c.~"'--"-'::::':~".e~":"'[~;;'c.. -,~~~,;;:-~~~.~ ;'r"'" , 18 S3921 SSA THEFT BytfflLAWFUL TAKING . j (Charge) !'18~~3925 ~~A REC. STOLEN PROPERTY' , (Charge) , r Please note that the hearing in the above captioned case, which was schecjuled 10 occur on: ~. .., ,....',.r 11/33/94 has been continued to: Date: 12/14/94 Place: , EAST WING - COURTHOUSE Time: 1:45 PM 1 COURTHOUSE SQUARE CARLISLE. PA 17013-0000 , . Ifydl/have any questions, please.contactthis office immediately. ,~r ....-::5': "~'" .' 4,...~, ,....;,; To appear as witness: FIELDS, GREG ._ - ~..,. , I _ _..T - :~~ " ~ 1'~~~,1:~ -. 11tIJCDANIEL, CPf" T~OMAS . ~ 'i"-!r::Ja:;;.. " ~"''"r--'''-~V~.T -,' ! .~~""Q-.L._.:_. ~--.....,~,--,-,.~-..-:.-..';...~----.,._. COrJtinuance requested by: DISTRICT JUSTICE ~. r I.f you are Il!.aab led and require asslst(2 end C(4' lease. contact the MagIsterIal District office at the .' " ~ddress above. ''';' .././1 ~. I' . t'Jt )1} u. /l ,[.k/ ~. . ,it:.iit,P- rq1Date ,:;:"<.L__"\_''<;OIA , . ". ',DistrictJustice \":",,'!'(.:,'f" ' . , ;.,f'r~')>," My commission expires first Monday of January, 20Q!>.'. SEAL: l'. . ! l '. PRINTED: 11/17/9415:41;55 r ~, ." / ~~-....-.; AOPC616,94 ". _.. .~ ;".. . .... " >, "I ... DIST~ICT JUSTICEISYST~M COMMONWEALTH OF PENNSYLVANIA PAGE 1 ADDITIONAL CHARGES ; NOTICE OF CONTINUANCE \ COMMONWEALTH OF PENNSYLVANIA VS CORMANY, CORY ALLISTER DESCRIPTION CR-0000529-94 CHARGE 18 S3928 SSA UNAUTH. USE OF AUTOMOBILE 18 S3502 SSA BURGLARY 18 S3503 SSAII CRIMINAL TRESSPASS 18 S3304 SSA2 .CRIMINAL MISCHIEF I \ :: . , -' . .< <. ';., ~-:,>-- ,'.,. - r~'~ ,:( i ..-,\,..e,*,'_"~~"-: o-,.":~b_"4~i;:~....,,.:....;;.,--,.;;-~,..,'f .~~:.:'~ 'f. /,":1- ,*~.;:;: ., ,~;:'-.;_-,1 .," ......~.......,- ~ " I , /, .. / f * I ..'" .;i t:. ~\ .1"'- .\, ~ .' " ., f \ I ... - -, ~--~. '. ~ .-'.:::r.F-1:--";,'::'; ,....""~ ~. .. ." ..,.. -,,{~, . }', .( .:.,.-- . >,' '-.. ; --'~-:"".;rr' ..,-; "; " , , '" 1,--. ,A, '. .. ;.. '". .st l' I ;I . ~ 'i.", , , l PRINTED: 11/17/94 1!;:44:24"' ) .!lI. . -#', ~-~\ / :.pl,' I ~~"- , \ ,; ! . . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF PRELIMINARY HEARING COMMONWEALTH OF Mag. 0I.t. No.: 09-2-01 ~) PENNSYLVANIA OJ Name: Hon. PAULA P. CORREAL Add....' EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA T.~pho",,' (717) 240-6564 17013-0000 VS. DEFENDANT: NAME and ADDRESS rcORMANY, CORY ALLISTER 60 SOUTH SIDE DR. NEWVILLE, PA 17241 L..",.,. Docket No.: CR-0000529-94 Date Filed: 10/26/94 OTN: E 726607-0 1.n ,..,.....l,--.....eORY-.A-... CORMANY ; .: 60 SOUTH SIDE DR. '1 NEWVILLE, PA 17241 , . ~~"""~18 S3921 SSA THEFT~'B~LAWF.uLdPAKING (Charge) 18 S3925 SSA REC. STOLEN PROPERTY (Charge) NOTICE TO DEFENDANT EAS'ILWING"'-COUR'l'HOUS"E-- 1 COURTHOUSE SQUARE CARLISLE, PA 17013-0000 If you fail to appear at the time and place above, a warrant will be issued for your arrest. 't, ." At the preliminary hearing you may: (Ja.c.. I ~ (i'tj g ---.---- \~~;:~;'.;.'. " ..r.... I . -'. - ..-.~",_.. .-1',. A complaint has been filed charging you with the offense(s) set forth above and on the attached copy of the complaint. A preliminary hearing on these charges has been scheduled for: Date: 11/23/94 Place: Time: "'r , 1:46-PM 1. ';,' 13~ represented by counsel; .~l.i'; ~ 1" 2. . . , cross-examin~.Witnesses and inspect physical eviden~~.pffered against you; .;: ":CaItWiiriess~~n y$ur6'ehaifaflierthan~~~~~b'~iiYt6 yoUigOcid'reputation only, . offer evidence on your behalf and testify;" ,. ,", ~.._,,,-' -. 4. Make written notes of the proceeding, or have your counsel do so, or make a stenographic. mechanical or electronic record of the proceedings. 'If you cannot afford to hire an attorney, one may be appointed to represent you. Please contact the dnlce of the district Justice for additional Information regarding the appointment of ail attorney. . , i .. If you have any questions, please call the above office immediately. ~Date EAL . District Justice 2000 My commission expires first Monday of January, PRINTED: 11/15/94 COMPLAINT NUMBER: A9537B DATE SIGNED: 10/26/94 '.'--~-.t'l't""J.n-J,'~""''' __. . POliCE CASE NO, O,J.NO C.P, TERM &. NO CERTIFICATION OF BAil AND DISCHARGE OTN COfI:1MONWEAl.1H VS. (Defendant Name and Address) Cory Cormany 1883 Dougl,H) Dr! vo ; C'U'lisJ<e't Pen'lsy1van1.a 1'1013 i'......O ROR (no surety) 0 Nominal Bail ':0 Bail total amount set if an $10 000 00 i-Q Gonditio~~:otRe~ase (aside from. appearing at court when required:) t ;fr:' , ~ < ~ ~ ~: CHARGE(S): DATE OF CHARGE(S) G DATE AND TIME NEXT COURT ACTION LOCATION TO: o ,getention Center o Other I hereby certify that sufficient bail has been entered D. By the defendant 0 On behalf of the defendant by: (attach addendum, if necessary) SECURITY OR SURETY (IF ANY) o Surety Company o Professional-Bondsman " ;'0 Realty ,. ",0 Other , ,,;,," ~ ?:;I" ~'. l'; JUDGE OR ISSUING AUTHQRITY (Mrne & Al::Jdress of Slxety) (License No.) . Retunq of cash bail ,will be made within 20 days after .: fl].f,;idisPOSi\;~';.iPaRCr.P. 4015(b)) . Refund of all other types of bail will be made promptly atter '20 days fallowing final disposition. (PaRCrP, 4015(a)) . Bring Cash Bail-Receipt to Clerk of Court. APPEARANCE OR BAil BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND .. UNTILF:Ul.L AND FINAL DISPOSITION OF THE CASE INCLUD- ING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIO~BI. OR APPEAL TIMELY FILED IN THE SUPREME .. COURT OF THE UNITED STATES. DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF DETAINED FOR ND OTHER CAUSE THAN THE ABDVE STATED, Given under my hand and ,the Official?eal of. this Court, r this )6th day of lto,u-::.mh~r ,19.9+ (SEAL) (CIetk 01 Cotx.t ex Issuing Authority) WE, THE UNDERSIGNED, defendant and surely. our suc:c:essors,helfs'and assigris;are jointly and severally bound to pay to tho Commonwealth of Pennsylvania the sum of dollars ($ " ). , SEE REVERSE SIDE FOR BAil CONDITIONS CERTIFISATrONOF COUNTER .INDEMNITY AND PRENUUM (Applicable Only When Surety Is A Corporatle , Principal, and hereby certify,that 'the amount paid by said Principal to said Surety for ban 10 the above matter is $ and that no furtlier sum 'or sums is to be paid therefore by the said Principal or anyone on hIs behalf: We further certify'that said Principal has given fa 'said Surety counter indemnity consisting of ,of the value of $ as follows: I , Su and no further counter indemnity is to be given the said Surety ex We furtl1er certify that there are no judgments 'against the said corporate surety outstanding and unpaid for a perIod 01 more.. than thirty days from the date of the .entry of such judgment except those in which a petition to open or vacate the judgment has been filed and remains undisposed of: : Dated: ,19 (E '_I MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAtL. The following acknowledgement is also applicable jfPercen!fJge Cash Bail is used. . '. .~:.""~, ,- ,,''''.-' - .' THIS BOND SIGNED ON 19_ PENNSYLVANIA. (1 of Swety (May be Bondsmen, Bail Agency, or private individ- enizBtian). Except when defendant IS released lX1 his ""n "",..recog' e (RDR), this must be signed in all bail situations, including nomln bail. ", "_.. " , (, (Surttty) (! at !i-\',;: .. ,Si!;Jn~d ~~.. ~knowledged before me this F t".-" , . 'day of ,19_, ,ADDRESS OF SURETY,'SURETY COMPANY OR DEFENDANT d ,... ~ ~\ .1;" ,.' (CJetk of Cw1 OItssuing Authority) ;>... In'r-A<:oe of cO/JXllBte surety bail, Power of Attorney must - . "_ '__11"/ DEFENDANrs COpy :.'\ Sl.retyNo.OIPrrK8sSloflBJBorIdstnw7LlcenslilNo.&ExpkatJonDate . In case of Percentage Cash Bail or Nom;nal Bail, Pawe of Attornev is not required. AOf'J CORY A. CORMANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : : : GREGORY FIELDS J.J. SANCENITO PAULA CORREAL, 95-5222 CIVIL TERM Defendants : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 17th day of OCTOBER, 1995, the plaintiff is permitted to proceed In Forma Pauperis. By the Court, Cl\ , \-' H ro d E. Shee~ , P.J. Cory Cormany 1101 Claremont Rd. Carlisle, Pa. 17013 :sld S6', II),... /';, ".J:':i .", , 13U .....-. .... PLAINTIFF CORY A. CORMANY OCT 021995 IN THE COURT OF COMMON PLEAS OF THE ~jr COMMONWEALTH OF CUMBERLAND COUNTY v. CASE NO. 95' - 5.;t ~.A. ~.:h~ DEFENDANT GREGORY FIELDIO J.J. SANCENITO PAULA CORREAL CIYIL ACTION - LAW JURY TRIAL I Cory Cormany, declare that I am the petitioner/plaintiff in the above entitled proceeding; that, in support of my request to preoceed without being required to pre- pay fees, costs or given security thereof, I state that because of my poverty I am unable t to pay the costs of said proceedings or give security thereof; that I believe I am enti- tIed to relief. The nature of my action, defense, or other proceedings or the issues I intend to present on appaal briefly stated as follows: ...-' l. \-v\~c.~\.J-.'c-CJ ..'^~ J. {V'\c..\.i\..:;r_q q\o..nc c,~ e-rQ(...L'o":l, :b Ce"'f'<"<-'-' '1. ""~\'S.V-"L In further smpport of this application, I answer the followin guestion. 1. Are you presently employed or working! (No) I have not payed any Federal, local, or state tax in the last six (6) months. In the month of January, of the year 1995 I did earn approximately One Thousand and 00 Dollars (1000.00) 2. Have you received within the past twelve months any money from any of the following sources! (a). Buisiness, profession or other form of self employment? (Yes) (b). Rent payments, intrest or dividends? (Yes) (e). Pension, anuities or life insurance payments? (No) (d). Gifts or inheritances? (Yes) (e). Any other sources? (No) I did earn and receive wages over four (4) of the last twelve months. The amount of these earnings are estimated to be less than Three Thousand and ~ 00 Dollars (3000.00). I have received intrest and dividens in the form as said. The intrest compounded, was in the form and in the amount of less than One Hundred and 00 Dollars (100.00). The dividens over the last twelve months is said to be a negative number according to oringinal investment. The dividens are said to be a lost investment. I also received approximately Ten Dollars (10.00) weekly over the last eight (8) of the twelve (12) months, (gifts). 3. Do you own any cash, or do you have money in checking or savings accounts. (Yes) I have approximately Twenty and 00 Dollars (20.00) in my checking! savings account. 4. Do you own or have any intrest in any real estate, stocks, bonds, notes, automobles or other valuable property (excluding ordinary household furnishing and Clothing)? (Yes) I had a sharehold of stock with a consortium group, however the amount cannot be distinguished without accountability of withdraw, the dividens are in the negative area and a withdraw is not at present possable. If I were to speculate I would say that the involvement is now a loss. I had realestate On a lease basis, relevant to ownership, how- ever have discontinued payments and contract due to my status of incarceration The investment is now a loss and I am unable to speculate value of household furnishing and clothing at present. I have a motorcycle that is in recondi- tioned state, if I were to place value on the object I would speculat Two Thousand and 00 Dollars (2000.00). However the motorcycle has been impounded and taken by the Carlisle Police Department and I cannot actually speculate value or current condition. 5. List the persons who are dependant upon you for support, state your relatior ship to those persons and indicate how illych you contribute toward their support. I have an unsecured loan with my father and the payments are approximately One Hundred and 00 Dollars (100.00) monthly. I have student 1 - .. ..... that my father is currently assisting me with. I have a natural born daughter, however am currently not support in or currently have no custody ever because of questionable actions intiated in the Court of Cumberland County. I declare under penalty of perjury that the foregoing is true and correct. Excuted on q,;)q -~5 c/dJ~ o Cory A. Cormany The Plaintiff Cory Cormany will note that he is versed with academic acheivements and the rule of Court pertaining to the Pennsylvania Consolidated Statutes Annuotated. He is not a member of the Pennsylvania Bar Association. If the application is granted he will ahear to the principles and rules set forth by Pennsylvania and the Honorable Courts of Cumberland County. Whereby the Plaintiff does praise for the Honorable Court of Common Pleas to grant the petitioner's request. I certify that the applicant named herein has the sum of $ ';1,.34 on account to his credit at the Cumberland County Prison where he is confined. I further certify that the applicant like wise has the sum following securities to his credit according l~ ,",wt ~ to the records of the said institution. C\..,,""- \'"" ~\{.~~^< I further certify that during the last eight months the applicants average balance was Authorized Officer The applicant is hereby ordered and granted. Let the applicant proceed without prepaying of cost or fees. J. 1>~ ~I~: "~ i '...i l< . , ~ .~, 'ii, ), ,; ~ , '1' w (,1t:- (]o:' ~ HE-;: . ~'. l' i'- , ":>I.- ." '",'., ,,' /.!< ...." ,,;.,;, e -",' Ii' :\ f i' .:4: " r",' ',i', ,;';j +- >, '::'- '~. 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I! ~ ., ,;-~ ~i '-.. 01 7"1 ~1 r, ';, <-' (:'; 1; ,I ,\ i '-rLt~ (\~_,.o- .~....-. ~ .):",.".I~ (" h \21 _c~ , wh" .., ,-j ;.;;.. '1"',-, ;.~ f' t ,~, ,J::-' ]['::"'."[1:2// ~ ~--- ,....- ~~,)';A-,~?-,;-""~~~f'-,<l" ~~- 1-';_~"'-~ ~ /....',.--..., "/ -,'--" I ')1;3 I \:~ 'V: ":"i)j-;", . .14f, (:If 7'""r{r'IAp; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'IY CORY A CORMANY vs. CIVIL ACTION NO. 95-5222 GREGORY FIELDS, et al PRAECIPE TO THE PROTHONOTARY: Kindly file the attached Entry of Appearance on behalf of Defendant, PAUlA CORREAL, of record in the above captioned matter. ~~- / ~-"t!--- _\" L-" ((j.-. .--- MARY. C. Attorn y I . 58504 DA . DONAlDSON, ESQUIRE Attorney I.D. # 17276 Administrative Office of P A Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 [215] 560-6300 Attorneys for Defendant PAUlA CORREAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CORY A CORMANY vs. CIVIL ACTION NO. 95-5222 GREGORY FIElDS, et aI. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly entry our Appearance on behalf of the Defendant, PAULA CORREAL, in the above captioned matter. <)ll...6<---- c et?4--~ MARY ANE Attorney .D.58504 DAVID . NALDSON, ESQUIRE Attorney J.D. '* 17276 Administrative Office of P A Courts Suite 1414, 1515 Market Street Philadelphia, P A 19102 [215] 560-6300 Attorneys for Defendant PAULA CORREAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y CORY A CORMANY vs. CIVIL ACI10N NO. 95-5222 GREGORY FIElDS, et al CERTIFICATE OF SERVICE The below listed attorney hereby certifies that on November 8, 1995, she caused to be served upon the below listed a true and correct copy of the attached Praecipe and Entry of Appearance on behalf of the Defendant, PAUlA CORREAL: Cory A Cormany 1101 Claremont Road Carlisle, PA 17013 Gregory Fields 19 N. East Street Carlisle, PA 17013 J.J. Cancenito North Middleton Police Department North Middleton Road Carlisle, PA 17013 - ~4-' ( j &?__--e MAR~C ANE Attorne . . 58504 DA . DONAlDSON, ESQUIRE Attorney I.D. # 17276 Administrative Office of P A Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 [215] 560-6300 Attorney for Defendant PAULA CORREAL cc -r' ,,' ,- ~ ... L,~ _. ':) '''' "" ~ :::.i ~! ,~ i' = = "'" <..D G '" ...::s..: t.O c..n - --- - -~ .. CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 95-5222 CIVIL TERM GREGORY FIELDS J. J. SANCENITO PAULA CORREAL, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO: Lawrence E. Welker, Prothonotary: Please enter our appearance as attorneys for the Defendant John J. Sancenito in the above action. McNEES, WALLACE & NURICK By &-Rr?~ 1 James w. Kutz / ;/ I.D. No. 47245 Alan R. Boynton, Jr. LD. No. 39850 100 pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5441 Attorneys for Defendant John J. Sancenito Dated: November 20, 1995 - . ,d - CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by first-class mail, postage prepaid, upon the following: Mr. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Mary C, Keane, Esquire David M. Donaldson, Esquire Administrative Office of Pennsylvania Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 Mr. Gregory Fields 19 N. East Street Carlisle, PA 17013 ae~ (2~ Alan R. Boynton, Jr. Dated: November 20, 1995 < . .". CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 95-5222 CIVIL TERM GREGORY FIELDS J. J. SANCENITO PAULA CORREAL, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRELIMINARY OBJECTIONS OF DEFENDANT JOHN J. SANCENITO TO PLAINTIFF'S COMPLAINT Defendant, John J. Sancenito, through his counsel, McNees, Wallace & Nurick, hereby preliminary objects to Plaintiff's Complaint as follows: DEMURRER 1. Plaintiff's Complaint purports to raise certain claims against Defendant John J. Sancenito ("Sancenito) arising out of conduct surrounding Plaintiff's arrest and prosecution for automobile theft and other related charges. 2. As set forth in Plaintiff's Complaint, Defendant Sancenito is an adult individual employed with North Middleton Township Police Department (Plaintiff's Complaint, ~6). 3. All actions of Defendant Sancenito referenced in Plaintiff's Complaint surround conduct of Defendant Sancenito during the course and scope of his employment as a North Middleton Township police officer. 4. Defendant Sancenito is immune from suit as set forth in the Political Subdivision Tort Claims Act (42 Pa. C.S. ~8541 et seq. ) 5. plaintiff has failed to plead an applicable exception to Defendant Sancenito's statutory immunity. 6. Additionally, the only claims raised against Defendant Sancenito in Plaintiff's Complaint are Counts VI and VII, which purport to raise claims under sections of the Pennsylvania Crimes Code, 7. Specifically, Counts VI and VII of Plaintiff's Complaint are based on Section 5301 of the Pennsylvania Crimes Code, and Sections 901, 902, 903, 904 and 905 of the Pennsylvania Crimes Code, respectively. 8. No cognizable civil causes of action exist under the pennsylvania Crimes Code sections pleaded by Plaintiff in his Complaint. 9. Accordingly, Plaintiff's Complaint fails to state a cause of action against Defendant Sancenito for which relief can be granted. MOTION TO STRIKE 10. The averments of Plaintiff's Complaint, which purport to raise claims against Defendant Sancenito under the Pennsyl- vania Crimes Code, constitute impertinent and scandalous matters and should be stricken. 11. The damages claimed in Plaintiff's Complaint are not recoverable under the Political Subdivision Tort Claims Act and thus should be stricken as impertinent matters. - 2 - 12. Accordingly, the claims against Defendant Sancenito should be stricken. MOTION FOR A MORE SPECIFIC PLEADING 13. Plaintiff's Complaint makes unspecified allegations of "conspiracy" against Defendant Sancenito. 14. Plaintiff's Complaint is confusing, disjointed and pleaded in such a manner so as to make it difficult for Defendant Sancenito to respond fully. 15. Plaintiff should be directed to file a more specific complaint. WHEREFORE, Defendant Sancenito respectively requests that the Counts of Plaintiff's Complaint directed against Defendant Sancenito be dismissed or stricken. Alternatively, Plaintiff should be ordered to file a more specific pleading. Respectfully submitted, McNEES, WALLACE & NURICK By Alan R. Boyn I.D. No. 398 0 James W. Kutz I.D. No. 47245 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Defendant John J. Sancenito Dated: November 20, 1995 - 3 - ~ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections of Defendant John J, Sancenito to Plaintiff's Complaint was served by first-class mail, postage prepaid, upon the following: Mr. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Mary C, Keane, Esquire David M. Donaldson, Esquire Administrative Office of Pennsylvania Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 Mr, Gregory Fields 19 N. East Street Carlisle, PA 17013 ~K Dated: November 20, 1995 ,- -... ~.. . . PLAINTIFF CORY A. CORMANY INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 95-52ZZ CIVIL ACTION JURY TRIAL DEFENDANT GREGORY FIELDS, et al. MOTIONFOR]UDGMENTON THE PLEADINGS AND NOW, comes Plaintiff, Cory A. Cormany, who respectfully submits the Motion for Judgment on the Pleadings, and the Argument within. This is pursuant to P.S.A. Rule 1034 and pursuant to Rule 1035 pending the responsive pleading furthered for argument. This is set forth for the issue of memorandum. 1. PRELIMINARY OBJECTIONS IN THE NATURE OF CRIME CONTAINING DEMURRER 1. Defendant ]. ]. Sancenito fails to acknowledge actual crime. a. The issue of crime is for a statement of claim and is responsive to the Defendant Fields. b. The issue of crime is of issue concerning actual crime and the object of immunity. c. The issue of crime is for the statement of claim. a. The issue of crime is to the issue of tort and is responsive to the Defendant Fields. < ...'- "' ll. PRELIMINARY OBJECTIONS IN THE NATURE OF TORT CONTAINING DEMURRER 1. Defendant]. J. Sancentio fails to acknowledge the issue of tort. b. The issue of tort is to the issue of actual crime and actual malice and the object of immunity. c. The issue of tort is for the statement of claim. II. PRELIMINARY OBJECTION IN THE NATURE OF CIVIL ACTION - LAW 1. Defendant ]. ]. Sancenito fails to acknowledge the civil matter. a. The issue of the civil matter is to the object of actual crime and actual malice and is for the statement of claim. b. The rules of civil procedure are of issue to further proceeding. c. The rules of criminal procedure are of issue to further proceeding. d The issue of negligence is to the civil matter and is the issue of actual malice and actual crime. Respectfully submitted, ~. WHEREFORE, Plaintiff Cory Cormany respectfully submits that the Court grant the Motion for Judgment on the Pleadings. ~ it'. C;~~7 Cory A. Cormany Cry C _ [~~~~ _Cory A. Cormany _1101 Claremont Road . " ". CERTIFICATE OF SERVICE AND NOW, this JL:CIJ...__ day of December, 1995, I, Cory A. Cormany foregoing the aforesaid with my attorney ________________________ hereby certify that I have served the foregoing document upon the following by depositing a copy of same in the United States mail, at Carlisle, Pennsylvania, addressed as follows: ].]. SANCENlTO North Middleton Police Department North Middleton Road Carlisle, PA 17013 _Carlisle, PA 17013 Attorney ,,<\;) , '~~;~" \\5"\'(\') .."".:,," ," \"t\ <2~; r \j ,,~) " ':l "_,,,(;.,>)}:"',. }2.",j, '..1\ ' ) . 'f"~"~ I,) ,..;.....;- -,,\(..),~,.'..) ->..)";- . ". C<J . .. ....',.j. ~i ~~ -~J ---- - , . CORY A. CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 95-5222 CIVIL TERM GREGORY FIELDS J. J. SANCENITO PAULA CORREAL, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants AMENDED CERTIFICATE OF SERVICE The undersigned hereby certifies that an attempt to serve true and correct copies of the Praecipe for Entry of Appearance and Preliminary Objections of Defendant John J. Sancenito to Plaintiff's Complaint in the above-captioned matter was made on Defendant Gregory Fields ("Fields"), 19 North East Street, Carlisle, PA 17013, by first-class mail, postage prepaid on November 20, 1995. The documents were returned by the Post Office with a notation that "This person does not live at this address" (See Exhibit "A" attached hereto). Defendant John J. Sancenito and his attorneys, McNees, Wallace & Nurick, have no knowledge of Fields' current address. MCNEES, WALLACE & NURICK By Ot~(?e Alan R. B James W, utz 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant John J. Sancenito Dated: January 19, 1996 . . . . ; ',!_~ ~!.~ ~i i'{T~.11 :jl~ 1'-:, " "1=' CJ ,1, ~!./:J "1 i",,~I~h~!_:_ ._J .,""i"';,G' };j"~ "", ./" '4 "'0 i."j...... ...T. ; , '~"\ ,.~~'" '! \ ,x.~'~..'.[~..: .... ~ ' . ',i H '.'" <>-10 : if%;G "".,J <n I' 0 ~ 4. ~ '~"ll -{'o .~ z , ;1 P-ij .J,,~ ,_ ! I , I - .- ca :E en en ca - (.) ..... en ~ .- LL: .. '" ai o .. - '" <0 " tr _ _, t- PO, . UJ >< ~ '" 0 Z m 0:, I .... c '>- ~ 0,- ,. . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Mr. Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Mary C. Keane, Esquire David M. Donaldson, Esquire Administrative Office of Pennsylvania Courts Suite 1414, 1515 Market Street Philadelphia, PA 19102 A~~~~~~ Dated: January 19, 1996 ----- ~- f- \~~:, \,~~?, :t~~ ~;, ti\ " v_" cO v' i.::) I'.: C) ~::-: ....'. ~'~J C -.'} CORY CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5222" RODNEY M. TEMPLE, III and DANNY R. FIBER, Defendants CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO COMPLAINT Defendants, by their attorneys, Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, and pursuant to Pa.R.C.P. 1028(a) (1), (2), (3) and (4), hereby make the following preliminary objections to Plaintiff's Complaint: 1. Defendants, Rodney M. Temple, III and Danny R. Fiber, are employed as police officers for the Township of North Middleton, Carlisle, Pennsylvania. 2. On or about January 10, 2005, Plaintiff was placed under arrest for public drunkenness and a Criminal Complaint was filed with Magisterial District Justice Paula P. Correal on the basis of public drunkenness and similar misconduct, possession for personal use of a small amount of marijuana/hashish and possession, with intent to use, drug paraphernalia. 1 Plaintiff filed his Complaint to a matter he had previously commenced at Docket No. 95-5222. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. l029(a}(1} 3. The averments of Paragraphs one and two hereinabove are incorporated herein by reference thereto. 4. According to Plaintiff's Certificate of service as attached to Plaintiff's Complaint, Plaintiff attempted to effectuate service of process upon Defendants by serving a copy of the Complaint by United States Mail at the "North Middleton Township Municipal Building, 2051 Spring Road, Carlisle, Pennsylvania 17013". 5. plaintiff served by certified mail a copy of his Complaint at Defendants' business address of the North Middleton Township Police Department at 2051 Spring Road, Carlisle, Pennsylvania 17013, which was received on February 7, 2005. 6. Service by Plaintiff by certified mail is improper pursuant to Pennsylvania Rule of Civil Procedure 400(a). 7. plaintiff's Complaint against Defendants Rodney M. Temple, III and Danny R. Fiber must be dismissed, for failure to effectuate proper service of process. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. l028(a}(2} 8. The averments of Paragraphs one through and including seven hereinabove are incorporated herein by reference thereto. 9. Plaintiff's Complaint is extremely vague, and fails to assert any sensible or legally actionable claim. 10. Plaintiff presents no facts explaining the basis for any of his allegations, nor does he specifically set forth what his allegations are. 11. Plaintiff failed to assert what, if anything, he is seeking from the Defendants. 12. plaintiff fails to assert any causes of action in his Complaint. 13. Plaintiff's prayer for relief is unintelligible and nonsensical. 14. Plaintiff's Complaint contains paragraph after paragraph of nonsensical sentences. 15. Defendants are without sufficient information to identify what, if any, claims or causes of action under any statute or regulation the Plaintiff is asserting. 16. Plaintiff failed to conform to the Pennsylvania Rules of Civil Procedure governing the contents of pleadings in that Plaintiff fails to state any material facts on which his cause of action is based and, moreover, fails to state a cause of action. See Pa.R.C.P. 1019(a). 17. Plaintiff's Complaint against Defendants Rodney M. Temple, III and Danny R. Fiber must be dismissed for failure to conform to the applicable law and rules of the Court. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1028{a){3) 18. The averments of Paragraphs one to and including seventeen hereinabove are incorporated herein by reference thereto. 19. Plaintiff's Complaint is extremely vague, and fails to assert any sensible or legally actionable claim. 20. plaintiff presents no facts explaining the basis for any of his allegations, nor does he specifically set forth what his allegations are. 21. Plaintiff fails to assert what, if anything, he is seeking from the Defendants. 22. Plaintiff's prayer for relief is unintelligible and nonsensical, 23. plaintiff's Complaint contains paragraph after paragraph of nonsensical sentences. 24. plaintiff's Complaint, even though it is brought pro se, is hopelessly vague, unintelligible and devoid of any facts upon which a viable claim could be based, 25. Defendants are without sufficient information to identify what, if any, claims or causes of action under any statute or regulation the plaintiff is asserting. 26. Plaintiff's Complaint against Defendants Rodney M. Temple, III and Danny R. Fiber must be dismissed on the basis of insufficient specificity in his pleading. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1028 (a)(4) 27. The averments of Paragraphs one through and including twenty-six hereinabove are incorporated herein by reference thereto. 28. Plaintiff's Complaint is extremely vague, and fails to assert any sensible or legally actionable claim. 29. plaintiff presents no facts explaining the basis for any of his allegations, nor does he specifically set forth what his allegations are. 30. Plaintiff fails to assert what, if anything, he is seeking from the Defendants. 31. Plaintiff's prayer for relief is unintelligible and nonsensical. 32. Plaintiff's Complaint contains paragraph after paragraph of nonsensical sentences. 33. Plaintiff's Complaint, even though it is brought oro se, is hopelessly vague, unintelligible and devoid of any facts upon which a viable claim could be based. 34. Defendants are without sufficient information to identify what, if any, claims or causes of action under any statute or regulation the Plaintiff is asserting. 35. Plaintiff's Complaint against Defendants Rodney M. Temple, III and Danny R. Fiber must be dismissed as a matter of law, given that Plaintiff has failed to provide any legal sufficiency for his Complaint. Dated: February 18, 2005 BY: '\~\~1~ Jenn~. Hlpp, Esqulre One West Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supre Court ID No. 86556 WHEREFORE, Defendants Rodney M. Temple, III and Danny R. Fiber request that this Honorable Court sustain their preliminary objections and dismiss Plaintiff's Complaint in its entirety. Respectfully submitted, NORTH MIDDLETON TOWNSHIP Jame D. Bog r, Esquire One West Mai S reet Shiremanstown, ennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 Solicitors for North Middleton Township/Attorneys for Rodney M. Temple, III and Danny R. Fiber Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Dated: February 18, 2005 By: )~\I Je~;~. Hipp, Esquire Pa. I.D. No. 86556 CORY CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5222 RODNEY TEMPLE and DANNY FIBER, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this date we do swear and affirm that a true and correct copy of the Preliminary Objections filed by Defendants in the above-captioned matter was served upon plaintiff, by First Class United States Mail, addressed as follows: 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 , CORY CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5222 RODNEY M. TEMPLE, III and DANNY R. FIBER, Defendants CIVIL ACTION - LAW RODNEY M. TEMPLE, III AND DANNY R. FIBER'S PRAECIPE FOR LISTING CASE FOR ARGUMENT 1. State matter to be argued: Defendants' Preliminary Objections 2. Identify counsel who will argue case: (a) for Plaintiff: Cory A. Cormany, pro se 1883 Douglas Drive Carlisle, PA 17013 (b) for Defendant: James D. Bogar, Esquire and Jennifer B. Hipp, Esquire One West Main Street, Shi remans town , PA 17011 Telephone number: (717) 737-8761 3. We will notify all parties in writing within two days that this case has been listed for argument. . . ' CORY CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5222 RODNEY M. TEMPLE, III and DANNY R. FIBER, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this date we do swear and affirm that a true and correct copy of the Praecipe for Listing Case for Argument filed by Defendants in the above-captioned matter was served upon Plaintiff, by First Class United States Mail, addressed as follows: Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Dated: February 18, 2005 BY:PU" Jennifer B. Hipp, Esquire Pa. I.D. No. 86556 B r, Esquire 19475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 CORY CORMANY, Plaintiff IN THE COURT OF COMMON PLEAS CUYj~~RLAND COUNTY, PENNSYLVANIA v. NO. 95-5222' RODNEY M, TEMPLE, III and DANNY R. FIBER, Defendants CIVIL ACTION - LAW WITHDRAWAL OF APPEARANCE Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, hereby withdraw their appearance in the above-captioned matter. Dated: March 10, 2005 BY: ~(mYrr Jennife~H~pp, Esqu~re One West Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 86556 BY: James One West Main S r Shiremanstown, P 17011 (717) 737-8761 Supreme Court ID No. 19475 1 Plaintiff filed his Complaint to a matter he had previously commenced at Docket No. 95-5222. ~.^~"...__._". () <-n C'::J en (.li