Supreme Court of Pennsylvania

Court
t a` XIry Cover, 'heet

oTo

al
m '

Pleas
For Prothonotary Use Only:
rr

Cumberland

County

Docket No:

lY
Notice of Appeal

The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules ofcourt.
Commencement of Action:

S E C T
I

9 Complaint

El

Writ of Summons

El

Petition

Transfer from Another Jurisdiction

Declaration of Taking
Lead Defendant's Name:

Lead Plaintiff's Name:

W. Scott Cornelious

Camp Hill Borough

Check here if you are a Self Represented (Pro Se) Litigant

0 N

Name of PlaintiffAppellant' / s Attorney: chris, opher J. cook, Es

Are money

damages requested? : X Yes

Is this
a

El No

Dollar Amount

Requested: Check one)

Yes

X within arbitration limits

outside arbitration limits

A
Class Action Suit?

No

Nature of the Case

Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important.
Tort)
CONTRACT ( do
not

TORT ( do

not include A4ass

include

Judgments)

CIVIL APPEALS

Intentional Malicious Prosecution Motor Vehicle

Buyer Plaintiff
Debt Collection: Credit Card
Debt Collection: Other

Administrative Agencies
Board of Assessment

Board of Elections

Nuisance
Premises

S
E

Liability
not

Dept.of Transportation Zoning Board

include

El

Product
mass

Liability ( does tort)

Dispute:
DiscriminationDiscrimination

El Statutory Appeal: Other

Libel/Defamation E] Slander/ Other:

C
I

Employment Dispute: Other

Judicial Appeals
MDJ - Landlord Tenant /
Other:

MDJ - Money Judgment

Other:

O
N

MASS TORT
Asbestos
Tobacco
Toxic Tort - DES

Toxic Tort Toxic Waste

Other:

Implant

REAL PROPERTY

MISCELLANEOUS

Ejectment
Eminent Domain Condemnation / Ground Rent
Landlord Tenant /

Common Law Statutory / Arbitration Declaratory Judgment

x Mandamus
Dispute
NonDomestic Relations

Mortgage Foreclosure
PROFESSIONAL LIABLITY
Dental Partition

Restraining Order
Quo Warranto

Quiet

Title

Replevin
Other:

Legal
Medical Other Professional:

Other:

Pa. R. P. C.205. 5

212010

IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA

c

W. SCOTT CORNELIOUS
Plaintiff

CIVIL ACTION - LAW

m

Ur ,

vs .

NO.
t>+

CAMP HILL BORO

Defendant

NOTICE TO DEFEND

YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS

SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY 20)DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET

FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU

BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE

COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE

PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO

NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.

THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE

TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE.

CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET

CARLISLE, PA 17013
1800 -990 9108 717 -249 3166 -

O
cl f7sa 70 P. 4 X93.

IN THE COURT OF COMMON PLEAS OF

CUMBERLAND COUNTY, PENNSYLVANIA

CIVIL DIVISION

W. SCOTT CORNELIOUS,
Plaintiff
V.

LAW CIVIL ACTION

CAMP HILL

BOROUGH,
Defendant

NO.

COMPLAINT IN MANDAMUS

AND NOW, comes the Plaintiff, by and through his Attorneys, Lightman, Welby &
Stoltenberg, LLC, and avers the following in support of his Complaint in Mandamus:
PARTIES 1.

Plaintiff, Scott Cornelious (hereinafter " Plaintiff"), is an adult individual and resident of
Perry County within the Commonwealth of Pennsylvania. Plaintiff is employed by the

Camp Hill Borough Police Department within Cumberland County.

2.

Defendant, Camp

Hill

Defendant hereinafter " Borough (

"), is

a municipal corporation and

political subdivision of the Commonwealth of Pennsylvania, organized and existing in

accordance with the

provision

of the

Borough Code,

53 P. S. 45101

et. seq.,and

maintaining a principle place of operation at 2145 Walnut Street, Camp Hill,PA, 17011.
JURISDICTION
3.

Jurisdiction in this matter is properly situated in the Court of Common Pleas pursuant to
the

provisions of 42

Pa. C. S. 931.

VENUE
4.

Venue in this matter is properly placed in the Court of Common Pleas of Cumberland
County pursuant to C. Pa. R. P 1006, as it is in this venue that the cause of action arose and

that both parties can be found.

ALLEGATIONS OF FACT

5. Plaintiff is employed as a police officer of the Camp Hill Borough Police Department

Police Department) since September 5, 1995, presently serving in the capacity of a

patrolman.
6.

Prior to being hired by the Police Department, Plaintiff served in the United States armed forces. To wit: Plaintiff served in the Army R ( eserve and Active Duty) and the Army National Guard for various periods of time between 1987 and 1997.

7.

On January 24, 2009, Plaintiff enlisted in the Pennsylvania Army National Guard and has

continuously served as a reservist through the present.

8.

In 2009, Plaintiff was deployed to active duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department.

Plaintiff's deployment was to Fort Indiantown Gap; and his service dates were from June
7,2009 to August 16, 2009.
9.

In 2010, Plaintiff was deployed to active duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department. Plaintiff's deployment was to Afghanistan; and his service dates were from August 1,

2010 to

approximately

the

beginning of January

2011.

This deployment to a combat

zone was

ordered pursuant to 10 C. U. S. 12301( D).

10. In 2011, Plaintiff was deployed to active duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department. Plaintiff's deployment was for the purpose of providing service and support to those
devastated by Hurricane Lee within Pennsylvania ( state active duty);and his service dates were from September 7,2011 to September 11, 2011.
11. In 2011, Plaintiff was deployed to active duty service, requiring him to take a military

leave of absence from his employment as a patrolman with the Police Department. Plaintiffs deployment was to Fort Indiantown Gap for Warrior Leader Training; and his
service dates were from May 13, 2011 to May 28, 2011.

12. In 2012, Plaintiff was deployed to active duty service, requiring him to take a military leave of absence from his employment as a patrolman with the Police Department.
Plaintiff's deployment was to Camp Shelby in Mississippi; and his service dates were
from October 9,2012 to approximately February 2013.

13. In each of the above noted instances, Plaintiff was approved for a military leave of
absence upon providing proof of his active duty orders to Defendant.
14. In each of the above noted instances, Plaintiff utilized his accrued, but unused, leave
time.

15. In each of the above noted instances, Defendant failed to pay Plaintiff a total of fifteen
15)days paid military
leave in accordance with 51 S. Pa. C. 4102. A

16. In the instance for which Plaintiff was called to active duty for state service relating to support for Hurricane Lee, Defendant failed to pay Plaintiff for all of his military leave in
accordance with 51 S. Pa. C. 4102. A

17. In April of 2013, Plaintiff requested that Defendant address the failure to pay the various
periods of military leave in each of the years 2009, 2010, 2011 and 2012. 18. By e mail of April 23, 2013, Defendant informed Plaintiff that he was due and or / owed

nothing

from the time

period from

2009

through

2012.

Defendant acknowledged their stating they would provide

responsibility

under the 51 S. Pa. C. A .. 4102, however, by

Paid Military Leave"for dates requested after April 16, 2013.

COUNT
ACTION IN MANDAMUS

19. Paragraphs one (1) through eighteen (18)are incorporated herein by reference as if fully
set forth at length.

20. Our Pennsylvania Statutes imposes a mandatory burden upon political subdivisions to
provide, inter alia,the following entitlement: leave of absence from their respective duties without loss of pay, time or efficiency rating on all days not exceeding 15 days in any one year during which they shall, as members of the Pennsylvania National Guard..., be engaged in training or other military duty under orders authorized by Federal
or State law.
51 S. Pa. C. A

a)( 4102( 1).

21. Our Pennsylvania Statutes impose a mandatory burden upon political subdivisions to
provide, inter alia,the following additional entitlement:

assigned to duties away from home station and when such duty is ordered they may be entitled to up to 15 days of additional military leave of absence in any one year without loss of pay, time and efficiency rating.
under 10 C. U. S. 12301 ... 51 S. Pa. C. A

when such officers and employees shall be ordered... to active duty, other than active duty for training, for a period of 30 or more consecutive days and

a)( 2). 4102(

22. Plaintiff possessed, and possesses, an entitlement to paid military leave pursuant to 51
Pa. S. C. A and ( 1) 4102( a)( 2).

The mandatory nature of this entitlement creates a

property right for Plaintiff in the same.

23. Under Article I,Section 1 ofthe Pennsylvania Constitution, all men are born equally and
have an indefeasible right in the possession and protection ofproperty. 24. Plaintif 's property interests in this matter are created by and .through state law and are to

be afforded constitutional protection. See, generally, Lisa H. v. State Bd. OfEduc.,447

A. 2d 669, 672.

25. Plaintiff has a clear right to receive paid military leave for those periods of time in 2009,
2010, 2011 and 2012 that is direct, substantial and present pursuant to Article I,Section 1
of the

Pennsylvania Constitution and

51

Pa. S. C. 1) A a)( 4102( and (2).

26. Defendant has a mandatory, non -discretionary duty to pay Plaintiff military leave
pursuant to Article I,Section 1 of the Pennsylvania Constitution and 51 S. Pa. C. A
4102( 1) a)( and (2).

27. Other than the action set forth herein, Plaintiff has no remedy at law adequate to enforce
his rights in this regard.

WHEREFORE, Plaintiff seeks an Order in Mandamus, directing Defendant to comply

with its mandatory duty to provide paid military leave for those periods of time in 2009, 2010,
2011 and 2012 and to make Plaintiff whole for any losses from those dates.

Respectfully submitted:
LIGHTMAN WELBY &

STOLTENBERG, LLC

0
Christop , er J. Cook, Esquire Attorney I. D. No. 204362
2705 North Front Street

Harrisburg, Pennsylvania 17110

717)234 0111 Date:

July 26, 2013

717)234 8964 ( fax)

Attorneys for W. Scott Cornelious

VERIFICATION

I verify that the statements made in the forgoing COMPLAINT IN MANDAMUS are

true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. 4904, relating to unsworn falsification to authorities.

Scott Cornelious

Date:

2 1p

2013