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OFFICE OF PROTHONOTARY
COURTHOUSE
Thmthy w. fl;tmf'r, CU9~~6
10745 Route 18
Carlisle, PA
March 31.
,1997
Alhinn, PA 1~47~-nnn?
Filinq Fee for Civil Cnmnlaint $ 45 50
In Re: 97-1531 Civil Term
Tilrothv W. Harner V5. Robert Bitner et al
-
niTI:' c: 4e; 50
. . -
-
MAKE CHECK PAYABLE TO PROTHONOTARY. COMMON PLEAS COURT
TO The County of Cumberland
"
MAR 2 f11997tY
IN TilE COURT OF COMMON PLEAS OF TilE
9TII JUDICIAL DISTRICT - PENNSYLVANIA
)))))))))))))))
TIMOTIIY W. HARNER
Plaintiff
-VS-
Q'1 - J';- 3 I CvJ1 r7~",.,...,.
CASE No.
Robert Bitner, Chief Hearing Examiner
Harvey Bell, Pardon Case Specialist
CIVIL COMPLAINT WITH
JURY DEMAN
This is a civil action filed by TIMOTHY W. HARNER, STATE
PRISONER ALLEGING VIOLATIONS OF HIS RIGHTS, AND VIOLATIONS OF
THE PENNSYLVANIA CRIME CODE, AND IS SEEKING MONEY DAMAGES.
JURISDICTION
1. This is a civil action under 42 Pa.C.S.A. ~ 1001.
This Court has Jurisdiction under 42 Pa.C.S.A. ~ 2114.
Plaintiff also invokes the pendent Jurisdiction of the Court.
PARTIES
2. Plaintiff TIMOTHY W. HARNER, who is presently incarcerated
at the Albion Institution upon an ILLEGAL CONVICTION, and that
he is guilty of NO crime whatsoever in 3 different ways, as
shown: [1J The crime never occurred; [2J There is no evidence,
therefore a conviction cannot be ligally sustained. [3J Due
to the nature of the charge, and without evidence, he would
be CONSTITUTIONALLY PROTECTED from under the FIRST AMENDMENT.
(FREE SPEECH ACT)
,
3. Defendant ROBERT S. BITNER is the Chief Hearing Examiner
for the Camp Hill Central Office Review Committee (CORC), and
can be located at the D.O.C., P.O. BOX 598, Camp Hill Pa 17001,
and is sued in his individval and official compacities.
4. Defendant HARVEY BELL, is the Pardon Case Specialist,
who acted upon the hearing upon the Grievance Committee for
the Came Hill Central Office Review Committee, and can be located
at the D.O.C., P.O. BOX 598, Camp Hill, Pa 17001, and is sued
in his individual and official compacities.
) OVER <
PLAINTIFF "ISTORY
The Plaintiff was sentence illegally, due to the Franklin
County Courts lacking their Jurisdiction, in which he was sentence
to 24 to 60 months. and already have served over 26 months of
the sentence, due to five (5) individuals fabricating a story
to cover up their own crimes that committed against the Plaintiff
they all then got together, and stated that they all seen nude
photographs of men and women from off of the Plaintiff computer.
On January 28. 1995, the Plaintiff computer was seized
by the Franklin County police. and with the help of a UNDELETE
PROGRAM, which was on the Plaintiff computer, The ?olice was
unable to obtain any such material, therefore the Commonwealth
has NO EVIDENCE whatsoever...
As it may be. the Plaintiff is guilty of no crime whatsoever
in three (3) different ways, as shown:
1. As the proof may be, the crime never occurre.
2. Without evidence. IT IS T"E LAW that a conviction
cannot be ligally sustained. See COM V. SIIIREY 481
A.2d 1314, Appeal after remand 494 A.2d 420.
COM V.ANDERSON 550 A.2d 807.
3. Without the alleged material, the Courts cannot
rule the the alleged material of being obscene,
therefore. the Courts must consider the alleged
material as NONE or CONSTITUTIONALLY PROTECTED,
regardless or-the age. as it is shown in ERZOZNIK
V. JACKSONVILLE 95 S.ct 2268, this is also shown
in Pennsylvania Case Law AMERICAN BOOKS V. RENDELL
481 A.2d 934.
SUB STATEMENT
On the 7 day of January, 1997, prior to the issue, the
Plaintiff went and taled to the E-B BLOCK unit manager. in which
he requested to see me, and informed me that there was a cell
open, knowing this other inmate and his homosexual games,
I did not wish to move, in which unit manager agreed, and stated
that I did not have to move, and that when I find a suitable
cell mate to let him know, and a move can take place,
At this time, my x-cell mate became alarmed that he may
be moving. as 1. was not the same race as he, and i had the cell
before he did, as I came back to me cell, I was then theaten
by my x-cell mate, in which he held a pencel about two feet from
my hart, and theaten to stab me in my hart, at this time, I
informed the Block Officer. in which he did nothing I , but ordered
me back in to my cell. in which I went.
Again I has theaten by my x-cell mate, at this time he
stated that he was going to kill me in my sleep....
Again the Officer was informed. and again the officer did
nothing.... and again the Officer ordered the Plaintiff back
in to his cell. I then requested to see an Capiten, the Officer
~
then ordered the Plaintiff to move to the other cell, where the
unit manager told the Plail,tiff that he did not have to move.
by rights, the Officer "h. IIld have acted upon the inmat
that theaten my life, and gave him .!Che misconduct, insted the
Officer Discriminated me due to the nature of my charge, or what
ever the case may be, and gave me u wisconduct, aad sent me to
the R.H.U. due to me not moving int~ the cell with the homosexual
which may have caused me to get a new charge if he tryed to touch
me in my sleep, as I would have bee., ".,able to stop him in my
sleep.. .
Other actions are pending upan the ataff here at this
institution, and a grievance was filed, and appealed tO,the above
named Defendants, in which they covered up the issue to protected
the Albion Institution in their wrong doings.
STATEHENT OF CLAIH
The abaTe naaed Defendants is resonsible for the overall
review 9f all Grievance and misconduct, thus is aware of the
inproper housing criteria here at SCI Albion and the dangerous
methods of cell stuffing used by their employees, who is also
aware of the ,deliberate indiffere~ce of ,inmates welfare and
rights to freedom from assault by homosexuals and harm, but
yet they inforces the deliberate violations of those rights
by other defendants.
Druce Lallier', is the unit manager, which has direct controll
over housing in E/D unit,at SCI All/ioIl, and force weaker inmates
to he housed with ~ggressive homosexuals, or aggerssive assaultive
inmates even when they are awear of those facts.
Officer ~. Cam~b~ll is the 6 - 2 housing officer on E/D
unit, ,and his directly forces inmates to house with known
aggressive homosexuals and assaultive behaviour inmates in order
to fill cell, all in violation of numerous court decisions such
as TILLERT V. OWENS 719 F.Supp, at 1262 to 1273.
THE FACTS OF THIS COHPLAINT ARE AS FOLLOWS
I am serving an 24 to 60 months Illegal sentence, due
I
to the Franklin County Court lacking their Jurisdiction, and
already have served 26 months;. I am white, 36 year of age
and do not have an extensive criminal record, and is convicted
only upon one count of a misdemeanor charge (corruption).
I am not aggressive, and I do all in my power to avoid
physical contacts or combative circumstances.
I understand the policy of SCI ALbion to do what io called
cell stuffing, that is place anyone in a cell with any other
inmate, no matter what this institution has a police of housing
all races together and all religions. it also houses in order
to save space. know aggressive homosexual inmates with obviously
weaker unstable inmates and the main criteria is that ther is
a bed empty fill same.
While housed iu E/B unit, I had black cell partners,
Hispanic cell partners, cell mates who were in obvious need
of mental Health theraphy in a never ending line. My commissary
has been stolen, my personal papers read and information therefrom
passed around the unit.
I quit going to the TV viewing room in the unit to avoid
the homosexuals and in particular one by the name of Zimmermen,
who was constantly bumping up against me, rubbing my leg and
attempting to grab my croch.
my last cell partner was a Puerto Rican and he wented
one of his county men to double cell wite himm so he went to
the block officer (Campbell) and attemted to have me moved,
while I was up talkin to the unit manager that morning, and
got some what upset and theaten me when I got back to the cell,
in which he attempted to have me moved in with the homosexual
Zemmermen. I refused to do this and went to the unit manager
and counsel who stated that I did not have to double cell with
this homosexual if I did not want to. (who would)... I was
told that I had to understand that I had to take a cell partner..
But they ,would try and find one I could live with without being
robbed or raped or killed.
Approximately one hour later, officer Ca.pbell, called'
me to his desk and informed me that I was being moved in with
Zimmerman. I explained that I had been told I did not have
to do that, becouse Zimmermen was aknown homosexual.. Officer
Campbell lost all reasons and started screaming that I was
refusing his order.. ,h~ told me to move or refuse. I ,said I
wanted to see the unit manager or Deputy Brooks.. He hit the
panoicbutton ~nd I was placed in RHU.. I hjd a Hearing where
I was repressented by inmate Gerard Mclenns AY-21'85 the Hearing
Officer Ivory Barett, told me I should have moved to the cell
in question and lived in fear of rape or assault untill the
unit manager got around to straighten it out that I was required
to follow the last order even if it got me harmed, and that
I could all ways complain latter.. I was Given 30 days in
RHU time, and appealed to the above named Defendants, in which
they denied, stating that the SCI Albion Institution gave me
a suitable answer upon my complaint, and issue...
The procedure here in in tot Ie conflict with FERMER V.
BRENNAN and TILLER V. 'OWENS and I am intitled to relief!
IlELIEF
WHEREFORE, Plaintiff requests this Honorable Court to
grant the following Relief:
A. Grant an immediate order, Ordering the Department
of Correction to PARDON the Plaintiff, OR come up with
proof that a crime was commited. (as shOWn in Plaintiff
History)
PLAINTIFF HISTORY
The Plaintiff was sentence illegally, due to the Franklin
County Courts lacking their Jurisdiction, in which he was sentence
to 24 to 60 months, and already have served over 26 months of
the sentence, due to five (5) individuals fabricating a story
to cover up their own crimes that committed against the Plaintiff
they all then got together, and stated that they all seen nude
photographs of men and women from off of the Plaintiff computer.
On January 28, 1995, the Plaintiff computer was seized
by the Franklin County Police, and with the help of a UNDELETE
PROGRAM, which was on the Plaintiff computer, The Police was
unable to obtain any such material, therefore the Commonwealth
has NO EVIDENCE whatsoever...
As it may be, the Plaintiff is guilty of no crime whatsoever
in three (3) different ways, as shown:
1. As the proof may be, the crime never occurre.
2. Without evidence, IT IS THE LA~ that a conviction
cannot be ligally sustained. See COM V. SHIREY 481
A.2d 1314, Appeal after remand 494 A.2d 420,
COM V.ANDERSON 550 A.2d 807.
3. Without the alleged material, the Courts cannot
rule the the alleged material of being obscene,
therefore, the Courts must consider the alleged
material as NONE or CONSTITUTIONALLY PROTECTED,
regardless of the age, as it is shown in ERZOZNIK
V. JACKSONVILLE 95 S.ct 2268, this is also shown
in Pennsylvania Case Law AMERICAN BOOKS V. RENDELL
481 A.2d 934.
SUB STATEMENT
On the 7 day of January, 1997, prior to the issue, the
Plaintiff went and taled to the E-B BLOCK unit manager, in which
he requested to see me, and informed me that there was a cell
open, knOWing this other inmate and his homosexual games,
I did not wish to move, in which unit manager agreed, and stated
that I did not have to move, and that when I find a suitable
cell mate to let him know, and a move can take place,
At this time, my x-cell mate became alarmed that he may
be moving, as i was not the same race as he, and i had the cell
before he did, as I came back to me cell, I was then theaten
by my x-cell mate, in which he held a pence 1 about two feet from
my hart , and theaten to stab me in my hart, at this time, I
informed the Block Officer, in which he did nothingl, but ordered
me back in to my cell, in which I went.
Again I has theaten by my x-cell mate, at this time he
stated that he was going to kill me in my sleep....
Again the Officer was informed, and again the officer did
nothing..., and again the Officer ordered the Plaintiff back
in to his cell, I then requested to see an Capiten, the Officer
then ordered the Plaintlff to move to the other cell, where the
unit manager told the Plaintiff that he did not have to move.
by rights, the Officer should have acted upon the inmat
that theaten my life, and gave him the m:sconduct, insted the
Officer Discriminated me due to the nature of my charge, or what
ever the case may be, and gave me a misconduct, and sent me to
the R.H.U, due to me not moving into the cell with the homosexual
which may have caused me to get a new charge if he tryed to touch
me in my sleep, as I would have been unable to stop him in my
sleep...
Other actions are pending upon the staff here at this
institution, and a grievance was filed, and appealed to the above
named Defendants, in which they covered up the issue to protected
the Albion Institution in their wrong doings.
STATEMENT OF CLAIM
The aboye named Defendan~s ~s resonsible for the oyerall
review of all Grieyance and misconduct, thus is aware of the
in proper houuing criteria here at SCI Albion and the dangerous
methods of cell stuffing used by their employees, who is also
aware of the deliberate indifference of .inmates welfare and
rights to freedom from assault by homosexua~s and harm, but
yet they inforces the deliberate Yiolations of those rights
by other defendants. .
Bruce Lallier, is.the unit manager, which has 4irect control 1
oyer housing in E/B unit.at SCI Albion, and force weaker inmates
to be housed with 8ggressiye homosexuals, or aggerssive assaultive
inmates eYen when they are awear Qf those facts.
Officer G. Cam~bell is the 6 - 2 housing officer on E/B
unit, and his directly forces inmates to hous~ with known
aggressive homosexuals and assaultive behaYiou~ inmates in order
to fill cell, all in Yiolation of numerous court decisions such
as TILLERT V. OWENS 719 F.Supp, at 1262 to 1273.
THE FACTS OF THIS COMPLAINT ~RE AS.FOLLOWS
I am serYing an 24 ;to 60 months Illegal sentence, due
to the Franklin County Court lacking their Jurisdiction, and
already have seryed 26 months.. I am white, 36 year of age
and do not haye an extensive criminal record, and is conYicted
only upon one count of a misdemeanor charge (corruption).
I am not aggressiye, and I do all in my power to ayoid
physical contacts or combatiye circumstances.
I understand the policy of SCI ALbion to do what is called
cell stuffing that is place anyone in a cell with any other
inmate, no matter what this institution has a police of housing
all races together and all religions. it also houses in order
to saYe space. know aggressive homosexual inmates with obYiously
weaker unstable inmates and the main criteria is that ther is
a bed empty fill same.
While housed in EIB unit, I had black cell partners,
Hispanic cell partners, cell mates who were in obvious need
of mental Health theraphy in a never ending line. My commissary
has been stolen, my personal papers read and information therefrom
passed around the unit.
I quit going to the TV viewing room in the unit to avoid
the homosexuals and in particular one by the name of Z~mmermen,
who was constantly bumping up against me, rubbing my leg and
attempting to grab my croch.
my last cell partner was a Puerto Rican and he wanted
one of his county men to double cell wite himm so he went to
the block officer (Campbell) and attemted to have me moved,
while I was up talkin to the unit manager that morning, and
got some what upset and theaten me when I got back to the cell,
in which he attempted to have me moved in with the homosexual
Zemmermen. I refused to do this and went to the unit manager
and counsel who stated that I did not have to double cell with
this homosexual if I did not want to. (who would)... I was
told that I had to understand that I had to take a cell partner..
But they.would try and find one I could liTe with without being
robbed or raped or killed.
Approximately one hour later, offic~r Campbell, called'
me to his desk and informed me that I was being moved .in with
Zimmerman. I explained that I had been told I did not have
to do that, becouse Zimmermen was aknown homosexual.. Officer
Campbell IQst ~ll reasons and started screaming that I was
refusing his order.. ,he told me to move or refuse. I said I
wanted to see the unit manager or Deputy Brooks.. He hit the
panoic button and I was placed i'n RHU.. I had a Hearing where
I was repressented by inmate Gerard McKenn~ AY~2(85 the Hearing
Officer Iyory Barett, told me I should have moved to the cell
in question and liTed in fear of rape or .~ssaultuntili the
unit manager got around to straighten it out that I was required
to follow the last order even if it got me harmed, and that
I could'all ways complain latter.. I was GiTen '30 days i~
RHU time, and appealed to the above named Defendants, in which
they denied, stating that the SCI Albion Institution gaTe me
a suitable answer upon my complaint, and issue...
The procedure here in in tot Ie conflict with FERMER V.
BRENNAN and TILLER V. 'OWENS and I am intitled to relief.
. ,
RELIEF
WHEREFORE, Plaintiff requests this Honorable Court to
grant the folloWing Relief:
A. Grant an immediate order, Ordering the Department
of Correction to PARDON the Plaintiff, OR come up with
proof that a crime was commited. (as shOWn in Plaintiff'
History) ,
Grant Compensator Damages in the following amounts:
$30,000.
$30,000.
from Robert Bitner
from Harvey Bell
Grant Punitive Damages of $30,000. against each Defendants.
Grant such other Relief as it appear that the Plaintiff is
entitled to...
I 7:' "'-?Q7t1.T I//lChViJ2.-- do hereby verity that the facts
set forth in the above action are true and correct to the best
of my personal knowledge or information and belief, and thAl"
any falae statement herein are made subject to the penalies
of section 4904 of the Crime Code (18 Pa.C.S. ~ 4904). relating
to unsworn falsification to Authorities.
DATE 3 -( 7 - Cf?
RESECTFULLY SUBHITTED
~HAaI~
CU-9546
10745 ROUTE 18
ALBION, PA 16475-0002
.
PLAINTIFF HISTORY
The Plaintiff was sentence illegally, due to the Franklin
County Courts lacking their Jurisdiction, in which he was sentence
to 24 to 60 months, and already have served over 26 months of
the sentence, due to five (5) individuals fabricating a story
to cover up their own crimes that committed against the Plaintiff
they all then got together, and stated that they all seen nude
photographs of men and women from off of the Plaintiff computer.
On January 28, 1995, the Plaintiff computer was seized
by the Franklin County Police, and with the help of a UNDELETE
PROGRAM, which was on the Plaintiff computer, The Police was
unable to obtain any such material, therefore the Commonwealth
has NO EVIDENCE whatsoever...
As it may be, the Plaintiff is guilty of no crime whatsoever
in three (3) different ways, as shown:
1. As the proof may be, the crime never occurre.
2. Without evidence, IT IS THE LAW that a conviction
cannot be ligally sustained. See COM V. SHIREY 481
A.2d 1314, Appeal after remand 494 A.2d 420,
COM V.ANDERSON 550 A.2d 807.
3. Without the alleged material, the Courts cannot
rule the the alleged material of being obscene,
therefore, the Courts must consider the alleged
material as NONE or CONSTITUTIONALLY PROTECTED,
regardless o~e age, as it is shown in ERZOZNIK
V. JACKSONVILLE 95 S.ct 2268, this is also shown
in Pennsylvania Case Law AMERICAN BOOKS V. RENDELL
481 A.2d 934.
SUB STATEMENT
On the 7 day of January, 1997, prior to the issue, the
Plaintiff went and taled to the E-B BLOCK unit manager, in which
he requested to see me, and informed me that there was a cell
open, knowing this other inmate and his homosexual games,
I did not wish to move, in which unit manager agreed, and stated
that I did not have to move, and that when I find a suitable
cell mate to let him know, and a move can take place,
At this time, my x-cell mate became alarmed that he may
be moving, as i was not the same race as he, and i had the cell
before he did, as I came back to me cell, I was then theaten
by my x-cell mate, in which he held a pencel about two feet from
my hart, and theaten to stab me in my hart, at this time, I
informed the Block Officer, in which he did nothingl, but ordered
me back in to my cell, in which I went.
Again I has theaten by my x-cell mate, at this time he
stated that he was going to kill me in my sleep....
Again the Officer was informed, and again the officer did
nothing..., and again the Officer ordered the Plaintiff back
in to his cell, I then requested to see an Capiten, the Officer
then ordered the Plaintiff to move to the other cell, whcre thc
unit manager told the Plaintiff that he did not have to move,
by rights, the Officer should have acted upon the inmat
that theatcn my life, and gave him the misconduct, insted the
Officer Discriminated me due to theli'iiture of my charge, or what
ever the case may be, and gave me a misconduct, and sent me to
the R.H.U. due to me not moving into the cell with the homosexual
which may have caused me to get a new charBe if he tryed to touch
me in my sleep, as I would have been unable to stop him in my
sleep...
Other actions are pending upon the staff here at this
institution, and a grievance was filed, and appealed to the above
named Defendants, in which they covered up the issue to'protected
the Albion Institution in their wrong doings.
STATEMENT OF CLAIM
The above ,named Defendants is resonsible for the overall
review of all Grievance aad misconduct, thus is aware of the
inproper housing criteria here at SCI Albion and the dangerous
methods of cell stuffing used by their employees, who is also
aware of the deliberate indifference of inmates welfare and
rights to fr~edom from assault by 'homosexuals and harm, but
yet they in forces the deliberate violations of those rights
by other ,defendants. .
Bruce Lallier, iS,the unit manager, which has direct control I
over housing in EIB unit.at SCI AlbiOn, and force weaker inmates
to be housed with aggressive homoDexuals, or aggerssive assaultive
inmates even whea they are awear of those facts.
Officer ~. Cam~bell is the 6 - 2 housing officer on EIB
unit, ,and his directly forces inmates to house with known
aggressive homosexuals and assaultive behaviour inmates in order
to fill cell, all in violation of numerous court decisions such
as TILLERT V. OWENS 719 F.Supp, at 1262 to 1273.
THE FACTS OF THIS COMPLAINT ARE AS.FOLLOWS
I am serving sn 24 .to 60 months Illegal sentence, due
to the Franklin County Court lacking their Jurisdiction, and
already have served 26 months.. I am white, 36 year of age
and do not have an extensive criminal record, and is convicted
only upon one count of a misdemeanor charge (corruption).
I am not aggressive, and I do all in my power to avoid
phYSical contacts or combative circumstances.
I understand the policy of SCI ALbion to do what is called
cell stuffing that is place anyone in a cell with any other
inmate, no matter what this institution has a police of hOUSing
all races together and all religions. ,it also houses in order
to save space. know aggressive homosexual inmates with obViously
weaker unstable inmates and the main criteria is that ther is
a bed empty fill same.
While housed in EIB unit, I had black cell partners,
Hispanic cell partners, cell mates who were in obvious need
of mental Health theraphy in a never ending line. My commissary
has been stolen, my personal papers read and information therefrom
passed around the unit.
I quit going to the TV viewing room in the unit to avoid
the homosexuals and in particular one by the name of Zimmermen,
who was constantly bumping up against me, rubbing my leg and
attempting to grab my croch.
my last cell partner was a Puerto Rican and he wanted
one of his county men to double cell wite himm so he went to
the block officer (Campbell) and attemted to have me moved,
while I was up talkin to the unit manager that morning, and
got some what upset and theaten me when I got back to the cell,
in which he attempted to have me moved in with the homosexual
Zemmermen. I refused to do this and went to the unit manager
and counsel who stated that I did not have to double cell with
this homosexual if I did not want to. (who would)... I was
told that I had to understand that I had to take a cell p~rtner..
But they.would try and find one I could live with .without being
robbed or raped or killed. '
Approximately one hour later, officer Campbell, called'
me to his desk and informed me that I was being'moved in with
Zimmerman. I explained that I had been told I did not have
to do that, becouse Zimmermen was aknown homosexual..Offic~r
Campbell lQst all reasons and started screaming that I was
refusing his order.. .he told me to move or refuse. I .said I
wanted to see the unit manager or Deputy Brooks.. He hit the
panoic button and I was placed in RHU.. I h~d a Hearing where
I was repressented by inmate Gerard McIenn~ AY-2iBS the Hearing
Officer Ivory Barett, told me I should have moved to the cell
in question and lived in fear of rape or assault untili the
unit manager got around to straighten it 'out that t was required
to fo1low the last order even if it got me harmed, and that
I could'all ways complain latter.. I was Given '30 days in
RHU time, and appealed to the above named Defendants, in which
they denied, stating that the SCI Albion Institution gave me
a suitable answer upon my complaint, and issue...
The procedure here in in totle conflict with FERMER V.
BRENNAN and TILLER V. 'OWENS and I am intitled to relief.
. ,
RELIEF
WHEREFORE, Plaintiff requests this Honorable Court to
grant the following Relief:
A. Grant an immediate order, Ordering the Department
of Correction to PARDON the Plaintiff, OR come up with
proof that a crime was commited. (as shOWn in Plaintiff
History) .
TIMOTHY W. HARNER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT BITNER and
HARVEY BELL,
DEFENDANTS
97-1531 CIVIL TERM
ORDER OF COURT
I
"
..,
AND NOW, this 27th day of March, 1997, the petition of plaintiff to proceed In
forma pauperls in the within frivolous claims for which this court has no jurisdiction, IS
DENIED.
/ /
By the Court,
(
Timothy W. Harner, CU9546
10745 Route 18
Albion, PA 16475-0002
C -<It(\" rm...i..L ~t, 3/3' /91 .
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.,PY~510
1997-01531
Cumberland County Prothonotary's Office Page
Civil Case Inquiry
HARNER TIMOTHY W (VS) BITNER ROBERT ET AL
1
Reference No..: Filed........:
Case Type.....: COMPLAINT Time........,:
Judgment... ...: .00 Execution Date
Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd..
Jury Trial....
Higher Court 1
Hiaher Court 2
.....***...**.........***.....**........**.........***.,.....**........***......
General Index Attorney Info
HARNER TIMOTHY W PLAINTIFF PRO SE
10745 ROUTE 18
ALBION PA 16475 0002
BITNER ROBERT
DOC POBOX 598
CAMP HILL PA 17001
BELL HARVEY
DOC POBOX 598
CAMP HILL PA 17001
3/25/1997
15:48
0/00/0000
0/00/0000
DEFENDANT
DEFENDANT
........*..**.*.*..*....*.*..*.*.*.*.*....**.*.*..*...*..*.*..*.*.**************
. Date Entries *
............****.......******.*..***********.*.***..**....***....**.....**......
03/25/97
03/25/97
03/27/97
COMPLAINT - CIVIL ACTION "ON HOLD STATUS"
AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED INFORMA PAUPERIS
ORDER OF COURT 3/27/97 PETITION OF PLAINTIFF TO PROCEED IN FORMA
PAUPERIS -COURT HAS NO JURISDICTION IS DENIED EDGAR B BAYLEY JUDGE
COPY MAILED 3/31/97
.***....**....**.**.....****...***....*..***..*.....**...........***.....*.**...
· End of Case Information *
................**........****..........**..**.....**...........................
LAWRENCE E. WElK[H
PUOTHONOIAny
(1)ffice nf tlte .'rntllnnntarn
<!lumbrrlanll <!launty
COURT HOUSE, CARLISLE, PA, 17013
I-By 6, 1997
T!Jrothy Barner
CU-9546
10745 Rt. 18
Albion, PA 16475-0002
Tn Rc I 97-1531
larner vs. Bitner et al
DJhr Mr. lIarner:
\>.C are in receipt of a Notice of I\ppeal fran d Court Order d:J.ted
3/~7/97 signed by Judge Edgar B. Bayley in the above menti0ned case.
'1'10 fling fce for a Notice of I\ppeal is $30.00 for the CUll:beI'lan-:'i County
Prothonotary and $55.00 for the Prothonotary of the Superior Court.
If you are unable to pay the filing fees, you will need to petition
the court to proceed in forma pauperis for the filing of the appeal. I
have enclosed an affidavit, as to your financial status, "'hich you will
need to complete and attach to your petition. You also need to send a
r:opy c..f the appeal to the appropriate people and send a certificate of
selvice to this office so we can attach it to your appeal.
Please forward your petition to proceed in forne paUp0.ris or the filing
fee and the certificate ot service as soon as possible so that we are
able to process your notice of appeal.
Sincerely,
Shirley 1\. Peiper
Deputy Prothonotary
Ehclosure
JOHN E. SLlKE
SoLICITOR
I
f
TIMOTHY W. HARNER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
v.
ROBERT BITNER and
HARVEY BELL,
DEFENDANTS
97-1531 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of May, 1997, this court having ordered on March 27,
1997, that "[t]he petition to proceed in forma pauperis in the within frivolous claims for
which this court has no jurisdiction, IS DENIED,. his current petition to file an appeal
In forma pauperis on this frivolous claim, IS DENIED.
Timothy W. Harner, CU9546
10745 Route 18
Albion, PA 16475-0002
Edgar B. Bayley J.
\
)
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AJ~. 17-/53/
\/. /J,"/'/l er'lL
c-A .:i~,
JlrJl!IIt:/t
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY. PE:1NSYLVANIA
CIVIL ACTION--LAW
NO. CIVIL
1. I am the plaintiff) (defendant) in the above matter and because of my
financial condition una-Ie to pay the fees and costs of prosecuting or defending.
the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates,
to pay the coae. of litigation.
3. I represent that the information below relating to my ability to pey tha
tees and costs 1a true and correct:d .} - tl
(a) Nama: "'7';".-! 4> ~./ r,.J,' h A (2/V c- yo,-
Address.: 10 7 If.. 5 " ~oJ7e I f) , A L!3/{l/'l
Social Sec1lrity Number: ,').,6;' .O~; '1:$'5',.
(b) I!mploYlllent )
If you are presently employed, state ,Jot. (ttJc./1{Lc.~?j,r;J,
Employer:
C ().. - 'I,}; 'I r..
Salary or w~ges per month:
Type of work:
If you are presently unemployed, state
Date of last .employment: / '- - ..)/ - ~-5"
Salary or wages per month: 00
Type of Work:..vA -t"s{l.(;{o c / Fl,r
(c) Other income within the past twelve months
Businese or profession: AJ (I /./ #
Other self-employment: f1!~ ~<:'
Interest: ^/ fl.\,N J-
Dividends: ;J ~ "v ~
P8Mion and annuities: tln ,J~
Social security benefits: (IIO"J-e-
Support payments: IV/ill t.I <-
-/ crJcJ~~rI
2
i
I
I
I
I
"
Disability payments: NO~<'
Unemploymant compensation snd
supplemental benefits: ;Vo l..e
Workman's compensation: ,)fJ#-C
Public assistance: /I/O }i~n
Other #r 'vlE-
(d) Other contributions to household support
(Wife) (Husband) Name: JoIr,t/o<:...
If your (wife) (husband) is employed, state
Employu: Nt:,
Salary or wages per month: --
Type of work: rVo
Contributions from Children JvJ,~^^fl
Contributions from parents: NO AJ-<.
'Othll.r c01\t~ibutions: p.,e.c" '1/'<.. .113.50 frl ~.,I I'.4Y A l"1'v1'-nJ A AI)$;l./),.7?
~tlltlt <DT,.I..tL /"'IDII 'fCi,1 A:J G, rr ",
(e) Property owned
Cash: ,/'10 ).)<
Checldng account: J.,.,J.e.
Savings account: Nn~..
Certificates of deposit: ;';0,.cJ1-<::
Resl estate (including home): ;JD~-'
Motor vehicle: Make .I..AJ fl"-<,
Cost "In ,vI-<
Stocks: bonds: JDAI?" _ .
Other: .Nf">1lfi-<
..
, Year
, Amoun tOwed $
(f)
Debts, and obliRatiops ftl
Mortgage: f1/V 7V '"'-
Rent: ,.IO,.}<.
Loans : ,110 r/ C..
Other: r: 0";' ~'::;o. oA Tc P"/lI'lY
I
70 n/c_ J;:UuN~11e CO.
cR~1 r c/Jp']) 1i;1 f) .!j If f" cp
)0
3
'.'
(g)
Persons dspendent upon you
for support
NfJ,.} .L
(1Jif e) (Husband)
Children, if any:
Name:
Name:
Age:
.-----'
Other persona:
liame: frt1 ,AIlL-
Relationahip:
4. I understand that I have a continuing obligation to inform the
court of improvement in my financial circumstances which would permit me
to pay the coats incurred herein.
5. I verify that the statements made in this ~ffidavit are true and
correct. I understand that false statements herein are made subject to
to the penalties of 18 Pa. C.S. ,4904, relating to unsworn falsification
to authorities.
Daee:5- /} ~ r?
~~=-~
Petitioner
4
.,
OFFICE OF PROTHONOTARY
COURTHOUSE
_Tinnthv W. Hamer, CU9546
10745 Route 18
Albion, FA 16475-0002
Carlisle, PA --j4ay 16,
, 19...9L
-.Ie.. fn.. nf Ann'''ll S 30 00
Tn 11". Q7-1~11 Civil T..nn
'VB, R;l-nM' "I- al
-
A/oIXJNr DUE $ 30 00
-
-
MAKE CHECK PAYABLE TO PROTHONOTARY, COMMON PLEAS COURT
TO The County of Cumberland
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PY5510
1997-01531
Cumberland County Prothonotary's Office Page
Civil Case Inquiry
HARNER TIMOTHY W (VS) BITNER ROBERT ET AL
1
Reference No..: Filed........:
Case Type.....: COMPLAINT Time..l......:
Judgment.....,: .00 Execut on Date
Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd..
Jur~ Trial...,
Hi~ er Court 1
Hi er Court 2
.............................................**........ ........................
General Index Attorney Info
HARNER TIMOTHY W PLAINTIFF PRO SE
10745 ROUTE 18
ALBION PA 16475 0002
BITNER ROBERT
DOC POBOX 598
CAMP HILL PA 17001
BELL HARVEY
DOC POBOX 598
CAMP HILL PA 17001
3/25/1997
15:48
0/00/0000
0/00/0000
DEFENDANT
DEFENDANT
........................................**......................****...****.....
* Date Entries *
..**....................................................................*****...
03/25/97
03/25/97
03/27/97
COMPI,AINT - CIVIL ACTION "ON HOLD STATUS"
AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED INFORMA PAUPERIS
ORDER OF COURT 3/27/97 PETITION OF PLAINTIFF TO PROCEED IN FORMA
'PAUPERIS -COURT HAS NO JURISDICTION IS DENIED EDGAR B nAYLEY JUDGE
COPY MAILED 3/31/97
........**..........................................**..........................
* End of Case Information *
.............**................................**......***....................**
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c____-...-
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,
"
[>YS510
1997-01531
HARNER
Cumberland County Prothonotary's Office Page
Civil Case Inquiry
TIMOTHY W (VS) BITNER ROBERT ET AL
1
Reference No..: Filed........:
Case Type.....: COMPLAINT Time....,.,..:
Judgment......: ,00 Execution Date
Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd..
JurR TriaL...
Hi~ er Court 1
Hi er Court 2
.............................**........................ ...................**...
General Index Attorney Info
HARNER TIMOTHY W PLAINTIFF PRO SE
10745 ROUTE 1B
ALBION PA 16475 0002
BITNER ROBERT
DOC POBOX 59B
CAMP HILL PA 17001
BELL HARVEY
DOC POBOX 59B
CAMP HILL PA 17001
3/25/1997
15:4B
O/Oll/OOOO
0/00/0000
DEFENDANT
DEFENDANT
............................................................................****
. Date Entries *
..***....****.............................................................*.....
COMPLAINT - CIVIL ACTION "ON HOLD STATUS"
AFFIDAVIT SUPPOR~ING PETITION FOR LEAVE TO PROCEED INFORMA PAUPERjS
ORDER OF COURT 3/27/97 PETITION OF PLAINTIFF TO PROCEED IN FORMA
PAUPERIS -COURT "AS NO JURISDICTION IS DENIED EDGAR B BAYLEY JUDGP.
COPY MAILED 3/31/97
................**....................................**.................**.....
. End of Case Information k
.............**............***.............*....................................
03/25/97
03/25/97
03/27/97