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Home My WebLink About07-1402 '. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION / NO. 0 7"J40 ~ DAVID D. RICHARDSON, Petitioner v. PRISON HEALTH SERVICES, Respondent 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 attorney and filing in wri ting wi th the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do SOl 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 Petitioner. 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER/ THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~\e.~o..na. to~y BlUL Pa.soe · amx 31 S ~edfOR &. ~~~e p~Ad~;eO)L3 I-~OO -q 90~h97 of/er) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION, NO. DAVID D. RICHARDSON, Petitioner v. PRISON HEALTH SERVICES, Respondent PETITION FOR REVIEW TO THE HONORABLE, THE JUDGES OF THE SAID COURT: COMES NOW / David D. Ri chardson / Pet i t ioner, and moves this Honorable Court pursuant to 65 P. S. ~ 66.1 et seq. / and in support thereof, states the following: I. Statement of Jurisdiction: 1. Jurisdiction is inferred upon this Court pursuant to 42 P.S. ~ 93l(a) and, 65 P.S. ~ 66.4(b). II. Parties: 2. David D. Richardson is the petitioner in the above matter and during the relevant period in time was confined at SCI-Greensburg, Greensburg, PA 15601 3. Prison Heal th Services is the Respondent in the above matter and during the relevant period in time had an office situate at 872 Poplar Church Rd., Camp Hill, PA 17001. -1- . . III. Statement of Claim: 4. The Respondent is a "Non-Commonweal th Agency," as that term is defined by 65 P.S. ~ 66.1. (Definitions). 5. On January 25, 2007, Petitioner sent the Respondent a "written request" for access to public records in accordance with 65 P.S. ~ 66.2(c). See, Petitioner's Exhibit "A" Attached. 6. Said request was not returned to Petitioner by the u.s. Postal Service as non-deliverable. 7.The documents sought by petitioner were "public records" as that term is defined by 65 P.S. ~ 66.1/ "Public record." 8. The Respondent has willfully or with wanton disregard of the provisions provided by 65 P.S. ~ 66.3-4, et seq., deprived Petitioner of access to a public record subject to access under the provisions of the "Right to Know Act." 9. Petitioner has no plain, adequate, and complete remedy at law to redress the wrongs described herein. IV. Relief Requested: WHEREFORE, Petitioner prays this Honorable Court enters judgment in his favor directing that: 10. The Respondent provide Petitioner full and complete access to and/or copies of the requested documents. 11. That said copies be provided to Petitioner free of cost as a result of the Respondent's willful and/or wanton disregard of the Provisions of the "Right to Know Act." -2- ", 12. petitioner be awarded reasonable attorney fees in the amount of $25.00 per hour for all time spent prosecuting and/or defending the action or proceeding. v. Verification: 13. I verify that the statements made in this Petition for Review are true and correct; subject to 18 P.S. ~ 4904, relating to falsifications to authorities. Dated: February 14, 2007 /s/ ill f)J lid.. Petitioner. ~1'.AIl..n(h~ VI. Proof of Service: 14. I certi fy that I am this 14th day of February / 2007 I serving a true and correct copy of the foregoing peti tion for Review upon the person and in the manner as indicated below by placing a copy of the same in the u.s. Mail Depository situated at SCI-Greensburg, which said service satisfies the requirements of 65 P.S. ~ 66.4(c): Service By First Class u.s. Mail: Prison Health Services 872 Poplar Church Rd." Camp Hill, PA 17001 /s/ A(1.~ud. 1f?~ Petitioner. -3- 'l\bb,o,'\~\s. i.)(~-!:. "Ail January 25, 2007 Prison Health Services 872 Poplar Church Road Camp Hill, PA 17001 Re: Right to Know Request 65 P.S. t 66.1 et seg. Dear Prison Health Services: Please provide me with the following information: (a) Copy of registration as supervising physician of Alan P. Snyder @ SCI-Greensburg: filed and approved by the State Board of Medicine per 49 Pa.Code I 18.143: (b) Copy of the written agreement between Debra Yothers and Alan P. Snyder @ SCI-Greensburg; filed with and approved by the State Board of medicine per 49 Pa.Code ~ 18.142. Please note that said requests are made pursuant to the time constraints imposed by 65 P.S. ~ 66.3-4(a). Thank you in advance, AO~YJJi W~~ Requestor Mailing Date: 1/25/07 c: File CERTIFICATE OF SERVICE I hereby certify that I am serving the aforegoing Right to Know Request date 1/25/07 upon the person and in the manner as indicated below by placing the same in the u.s. Mail Depository located @ SCI-Greensburg: SERVICE BY FIRST CLASS U.S. MAIL: Prison Health Services 872 Poplar Church Road Camp Hill, PA 17001 Dated: January 25, 2007 /S/t~~ >f~ Requestor. r-> = = --' -"'"' -r~ ..,......-:-.... ?a - w ~ --' ::C-n II'? -r-" (!! ~1,,;\!:'. 5: - - '._~ -,..'i '0:;f\ ::5 .....-.:, N Cf'> \0 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION, NO. DAVID D. RICHARDSON, petitioner v. PRISON HEALTH SERVICES, Respondent MOTION TO ~ROCEED IN FORMA PAUPERIS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: COMES NOW, David D. Richardson, Petitioner, and moves this Honorable Court pursuant to Pa.R.C.P. 240 et seq./ and in support thereof, states the following: 1. I am the Petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of litigation. 2. Attached is an Aff idavi t in support of my inabi 1 i ty to pay the incurred in prosecuting and/or defending the action or proceeding. WHEREFORE, Petitioner prays this Honorable Court grants him permission to proceed in forma pauperis. Dated: February 14/ 2007 /s/ It Df}J~A. ,e~A~ Petitioner. .. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION, NO. DAVID D. RICHARDSON, Petitioner v. PRISON HEALTH SERVICES, Respondent AFFIDAVIT 1. I am the Petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone / incl uding my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) David D. Richardson R.D. 10/ Box 10 Greensburg, PA 15601 178-50-4964 (b) Date of last employment: 11/91 $12.00 per hour Steel Worker (c) Approximately $500.00 from family Approximately $18.00 per month from prison job ( d) NA (e) Approximately $220.00 in prison account ( f) NA ( g) NA 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct; subject to 18 P.S. ~ 4904/ relating to unsworn falsifications to authorities. Dated: February 14/ 2007 /s/ ili~ ,r~A~ Petitioner. ~ c;;::> =. --" ::It. ~ V) ~ ~ - - ~ :C--T1 rn f": ..,..,fi1 :u c;) ()Q ::i~ :3;~, ;26 Bff'\ ~ ?h -;.<, N 0"' DAVID D. RICHARDSON, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PRISON HEALTH SERVICES, RESPONDENT 07-1402 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of March, 2007, the petition to proceed in forma pauperis, IS DENIED because the "petition for review" is frivolous.1 :sal I The averment in the petition that the written notice was sent by first-class US mail to Prison Health Services at 872 Poplar Church Road, Camp Hill, PA 17001, was returned "by the US Postal Service as non-deliverable," does not reflect that Prison Health Services is located at that address. That is an inadequate request for access to a record of a non-Commonwealth agency under 65 P .5. Section 66.3-4, that would trigger a Judicial appeal under Section 66.4. ~ ~ t.u9 fit5 !.,L.~ 20 !!i.a: o::s & tI') C"') N i3E 0'\ - 0::: ~ r-- ~ c...., ti .:5 :.-:)~ '-) .-f'. p- :$. ',~s! 'SCI) ,..:;-2 ,t-~'.,< ./.iW 1.0 f' - :s:J... tJ