IN THE UNITED STATES DISTRICf COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

Q~~C. BENCKINI	 F I :E [tIVILACfION 

v.	 : 20 

MICHAE i

I~E UNZ, Clerk 

UPPER SAUCON TOWNSHIP ~TDeP.iNa. 04-4304 

MOTION JUNE 16,2005 

MOTION FOR LEAVE FOR SECOND AMENDED COMPLAINT 

PLAINTIFF, GENE C. BENCKINI REQUESTS THE HONORABLE COURT FOR 

LEAVE OF COURT TO FILE A SECOND AMENDED COMPLAINT. 

( 1 )	 OEFENDANTS, WERE INFORMED OF A THEFT OF $24,000.00 WORTH OF 

NURSERY STOC~ STOLEN FROM PLAINT!~F'S NURS~RY O~ "~nA cnuz ftD U~PER SAUCON TOWNSHIP, CEN;~ER VALLEY,PA. PLAINTIFF INFORMED 

THE (2) INVESTIG~TORS OF THE THEFT, OFFICERg, DAVIO PETZQL 

AND THOMAS J. NICOLETTI THAT THE (1) THEFT, JAMES RICE WHO 

LIVES AT 5520 VERA CRUZ ROAD, CENTER VALLEY AND MIKE LENSKI 

OF 293 PECK ROAD, HILTON,NEW YOR~ 14468 DUG AND REMOVED TRE 

LARGE TREES FROM PLAINTIFF"S NURSERY WITHOUT PAYING OR WITH­

-OUT PERMISSION TO REMOVE AND PLANT THE LARGE TREES AT THE 

JAMES AND ANITA RICE'~ NEW HOME ~ND NEVER INFORMING THE PLAI= 

-NTIFF OF THE CRIMES, PLAINTIFF CONFRONTED JAMES RICE RIGHT 

AT HIS NEW HOME ABOUT THE STOLEN TREES, JAMES RICE ADMITTED STEALI~G THE LARGE TREES WITH THE HELP OF MIKE LENSKI OF NEW 

YORK, PLAINTIFF SUPPLIED ALL THE INFORMATION TO THE DlFENDANT 

AND REQUESTED THAT THE THEFTS BE ARRESTED AND CHARGED, THE 

DEFENDANTS NEVER INVESTIGATED THE CRIMES OR ARRESTED ANYONE 

CONCERNING THE STOLEN TREES. 

( 2 )	 DEFENDANTS, COMMITED CRIMES BY DERELICTION Of DUTY AND ALSO 

AIDING AND ABEDDING CRIMINALS, SIMPLY BECAUSE THE OFFICERS 

HATED THE PLAINTIFF AND DEPRIVED THE PLAINTIFF OF THE $24,000 

PROFIT ON HIS NURSERY STOCK, PL~INTIFF STATES THAT TH~ OFFICE 

HATED THE PLAINTIFF »ECAUSE HE BLEW THE WHISTLE ON UPPER SAU­

·CON TOWNSHIPS SEWAGE PLANT CLOSING FOR THE POLLUTION AND THE 

OTHER VIOLATIONS OF OISCHARGE OF HIGH AMONIA SEWAGE INTO THE 

UPPER SAUCON CREEK KILLING FISH AND TYRTLES AND DISCHARGING 

CONINATED SEWAGE UNTO PLAINTIFF'S BUSINESS PROPERTY. 

(3)	 DEFENDANTS, DELIBERTLY DIRECTED A LARGE WATER SWALE RIGHT TO 

THE PLAINTIFF'S BUSINESS PROPERTY AND NURSERY CAUSING DAMAGE 

OF THOUSANDS oe NURSERY PLANTS AND IRRAGATION SYSTEMS AND 

FLOODING	 PLAINTIFF'S BUILDING AND PARKING LOT WITH SEWAGE AND MUD 

AT AN EXPENSE OF OVER $86,000.00 IN DAMAGE. 

(31 TIMES THE FLOODING TOOK FLACE CAUSING MORE AND MORE DAMAGE. 

(4)	 DEFENDANTS, FEMALE OFFICER PULLED OVER THE PLAINTIFF'S CAR
 

ON RT309 NORTH WITHOUT PROBABLE CAUSE TO DO SO, REQUESTING
 

LIC. AND REGISTRATION CARDS, DEFENDANT DID SO WITH THE INTEND 

TO HARASS AND BAGGER THE PLAINtI,FF, DEFENDANT DID SO !N THE 

Case 2:04-cv-04304-BMS Document 30 Filed 06/17/05 Page 1 of 2
.. 

CERTIFICATION OF SERVICE 

I, GENE C. BENCKINI STATES AND CERTIFIES THAT A TRUE AND 

CORRECT COPY OF MOTION FOR LEAVE OF COURT TO FILE A SECOND 

AMENDED COMPLAINT IN THE ONGOING CASE #NO 04-4304 WAS SEND 

ON JUNE 16,2005 TO INTERESTED PARTIES LISTED BELOW, BY UNITED 

STATES POSTAL SERVICE FIRST CLASS PREPAID POSTAGE. 

FAXED: 

HONORABLE COURT 

JUDGE BERLE M. SCHILLER 

PRO-SE 

UNITED STATES DISTRICT 

CLERK OF COURTS 

COURT 

WILLIAM J. DEVLIN JR. 

C/O CHRISTINE MUNION 

100 WEST ELM ST. 

SUITE 200 

CONSHOHOCKEN, PA. 19428 

F'W~ JtN 1 7 /"" <' 

8" MICHAEL'·" 1__ '~ I'" ; , (j;+;!' 1t .1, 

.........."'... ( 

GENE C. 

I~~O'O

Case 2:04-cv-04304-BMS Document 30 Filed 06/17/05 Page 2 of 2