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Home My WebLink About01-4697 IN THE COURT OF COM}{ON PLEAS O~:C~~".OUNTY, CIVIL DIVISION PENNSYLVANIA NO. 0/-q /77 IN FORMA PAUPERIS VERIFIED STATEMENT I am the- ~ ~ ~ ~n 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. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct (a) address: ~ ~j~ -- ~p~0Z~b [[ ~_ ~ ~1~ D~_ ~ ~P~4~ phone= (b) EMPLOYMENT If you are employer: address: city: monthly salary or If you are presently date last worked: ~type of work: nev~ uy~ ed q% ~ ~Y'P~9 (c) OTHER INCOME WITHIN THE PAST Business or profession:$ Other self-employment:$ Interest earned:$ Dividends:$ Pension and annuities:$ Social Security benefits:S__ Support payments:$ Disability payments:$ Unemployment compensation and supplemental benefits:$ Workmen's Compensation:S__ Public Assistance:$ Other (explain):$ employed complete the following: phone: ~ erapl oyee)~I. D/. #/ ~ip cod~:\ / / of work: / complete the fo~lo*in~:~/ MONTHS amounts each and explain) (d) OTHER SUPPORT fe or 3usb~nd is employee, please ~he following: ~er: I \ / ~one: ss: \ / ~ploy~ e / state: zi~ ly sa] ary or\wages: $ / t~or~ cont=ibutions (explaln): :~ ing a~:count: $ ~ ~ , fica~;es of Deposi~ (CDs)~ esta~e (including ~ouse): veh .cle(s): ~ke: % model: %urch .se p~ice: $ .~ nount o% ~d: (wife's If wife employer: addr city: monthl~ Other (e) PROPERTY Cash: Checkin¢ Savin¢ Real Motor Stocks; $ Other (~ )lain): $ (f) DEBTS AND OBLI~IONS: Mortgage: $ } ~bDe__ . ~ ,;~~ ~Rent: $ hJ~-% n ~~- Loans: $ /Uo~3 (g) ' PERSONS DEPENDENT,UPON YOU FONISUPPOR~: ~ ~ '~ (wife S) (husband ,) n~e: ~/ ~ t :~- ~ '~ ~ Q N~e: / ~ ~at ionship ~ N~e: Relationship: ~ __ / a the 4. I understand that I have continuing obligation to info~ C6urt of ~prov~ent in my financial circ~stances which would pe~it me to pay the costs incurred herein. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18Pa. C.S., paragraph 4904, relating to unsworn falsification to authorities. Petitioner:(~/~ IN ~ COURT Or COMMON PLEAS OF OUNTY, PENNSYLV CIVIL DIVISION (Plaintiff ~ VS. NO. (Defendant~)~ ORDFR OF COURT AND NOW, to-wit, this day of 19 upon consideration of the foregoing Petition, it is hereby ORDERED, ADJUDGED and DECREED that the petitioner be and hereby is permitted to file and pursue his/her appeal/action in the above-captioned case without payment of costs or fees. BY THE COURT Jo PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 10:12 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM PURGE FILE INMATE NAME NUMBER LAST BQ3219 JAE BATCH DATE # MO DY YEAR 0 10-31-2000 92 TRANSFER OUT CAMP HILL 0 10-31-2000 91 TRANSFER IN GREENE 0 11-01-2000 92 TRANSFER OUT GREENE 0 11-01-2000 91 TRANSFER IN CAMP HILL 6925 11-01-2000 37 POSTAGE 0 11-01-2000 92 TRANSFER OUT CAMP HILL 0 11-01-2000 91 TRANSFER IN GREENE 5312 11-07-2000 37 POSTAGE 5341 11-09-2000 37 POSTAGE 5397 11-16-2000 37 POSTAGE 5397 11-16-2000 37 POSTAGE 5397 11-16-2000 37 POSTAGE 5397 11-16-2000 37 POSTAGE 5472 11-27-2000 37 POSTAGE 5472 11-27-2000 37 POSTAGE 5472 11-27-2000 37 POSTAGE 5541 12-04-2000 37 POSTAGE 5541 12-04-2000 37 POSTAGE 5541 12-04-2000 37 POSTAGE 5541 12-04-2000 37 POSTAGE 5608 12-11-2000 37 POSTAGE 5608 12-11-2000 37 POSTAGE FIRST MI JOHN R TRANSACTION DESCRIPTION RUN IAS365 DATE 3/02/2001 PAGE 2 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION -3.47 -463 ,79 -1 21 -465.00 99 -465,99 77 -466.76 55 -467,31 77 -468.08 99 -469,07 -2.97 -472.04 -.55 -472.59 -.55 -473.14 - .55 -473.69 -.99 -474.68 -.99 -475.67 -.99 -476.66 -4.30 -480,96 -1,21 -482.17 PA DEPT~ OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 10:12 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM PURGE FILE RUN IAS365 DATE 3/02/2001 PAGE 3 INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 5619 12-12-2000 37 POSTAGE -.77 -482.94 5619 12-12-2000 37 POSTAGE -.77 -483.71 5675 12-18-2000 37 POSTAGE -.33 -484.04 5675 12-18-2000 37 POSTAGE -.33 -484.37 5698 12-20-2000 37 POSTAGE -.33 -484.70 5698 12-20-2000 37 POSTAGE -.33 -485.03 5750 12-27-2000 37 POSTAGE -1.21 -486.24 BALANCE AFTER THESE TRANSACTIONS ...... -486.24 PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 10:12 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM ACTIVE FILE RUN IAS365 DATE 3/02/2001 PAGE 1 INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R STARTING BALANCE -486.24 BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 5841 01-08-2001 37 POSTAGE 5872 01-10-2001 37 POSTAGE 5872 01-10-2001 37 POSTAGE 5872 01-10-2001 37 POSTAGE 5872 01-10-2001 37 POSTAGE 0 02-13-2001 92 TRANSFER OUT GREENE 0 02-13-2001 91 TRANSFER IN PITTSBURGH 7187 02-13~2001 37 POSTAGE 02/12/01 7187 02-23-2001 37 POSTAGE 2/23/01 -2.97 -489.21 -2.89 -492.10 -2.86 -494.96 -.76 -495.72 -.76 -496.48 -5.34 -501.82 -2.91 -504.73 BALANCE AFTER THESE TRANSACTIONS ...... · -504.73 PAGE 1' INMATE ACCOUNTS SYSTEM 03-19-2001 H-B-1011 MONTHLY ACCOUNT STATEMENT 1235 GRN INMATE NAME NUMBER LAST FIRST MI OLD BALANCE BQ3219 JAE JOHN R -501.82 BATCH DATE ~ MO DY YEAR TRANSACTION DESCRIPTION TBANSACTION BALANCE AFTER AMOUNT TRANSACTION 7187 02-23-2001 37 POSTAGE 2/23/01 -2.91 -504.73 0 03-09-2001 92 TRANSFER OUT PITTSBURGH 0 03-09-2001 91 TRANSFER IN GREENE 6400 03-09-2001 41 MEDICAL MEDICAL FEES 3/5/01 -2.00 -506.73 6396 03-09-2001 37 POSTAGE -.76 -507.49 6396 03-09-2001 37 POSTAGE -.76 -508.25 6424 03-13-2001 37 POSTAGE -1.81 -510.06 6424 03-13-2001 37 POSTAGE -.55 -510.61 NEW BALANCE AS OF THIS STATEMENT ................... > -510.61 PAGE 1 H-B-1009 INMATE NAME NUMBER LAST BQ3219 JAE BATCH DATE # MO DY YEAR 6502 03-20-2001 41 6550 03-26-2001 37 6595 03-29-2001 37 6595 03-29-2001 37 6608 03-30-2001 37 6683 04-09-2001 37 6683 04-09-2001 37 6698 04-10-2001 37 6701 04-10-2001 41 6756 04-16-2001 37 6756 04-16-2001 37 INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT 04-16-2001 1227 GRN FIRST MI OLD BAL~CE JOHN R -510.61 TP~INSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION MEDICAL MEDICAL FEES 3/20/01 -2.00 -512.61 POSTAGE -1.18 -513.79 POSTAGE -.55 -514.34 POSTAGE -1.18 -515.52 POSTAGE -2.02 -517.54 POSTAGE -1.18 -518.72 POSTAGE -1.18 -519.90 POSTAGE .55 -520.45 MEDICAL MEDICAL FEES 4/9/01 -2.00 -522.45 POSTAGE -.34 -522.79 POSTAGE -.76 -523.55 NEW BALANCE AS OF THIS STATEMENT ................... > -523.55 PAGE 1 H-B-1009 INMATE NAME NUMBER LAST BQ3219 JAE ?~ATCH DATE # MO DY YEAR 6785 04-18-2001 6785 04-18-2001 6832 04-23-2001 6832 04-23-2001 6832 04-23-2001 $899 04-30-2001 6910 05-01-2001 6921 05-02-2001 6977 05-08-2001 '7049 05-16-2001 7045 05-16-2001 7062 05-17-2001 7062 05-17-2001 7062 05-17-2001 INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI JOHN R TRANSACTION DESCRIPTION 37 POSTAGE 37 POSTAGE 37 POSTAGE 37 POSTAGE 37 POSTAGE 37 POSTAGE 38 INSIDE PURCHASES XEROX 37 POSTAGE 41 MEDICAL MEDICAL FEES 5/4/01 41 MEDICAL MEDICAL FEES 5/14/01 37 POSTAGE 37 POSTAGE 37 POSTAGE 37 POSTAGE 05-21-2001 1177 GRN OLD BALANCE -523.55 TR-ANSACTION BALANCE AFTER ~MO~T --.34 - .34 - .55 - .55 55 -2 02 -1 40 97 -4 00 -2 00 -3.50 -.55 -.55 -.97 'i~NSACTION -523 89 -524 23 -524 78 -E25 33 -525 88 -527 90 -529 30 -530.27 -534.27 -536.27 -539.77 -540.32 -540.87 -541.84 ,,E,4 BA!J~\tCE_. AS OF THIS STATEMENT .................... > -541. 84 PAGE i INMATE ACCOUNTS SYSTEM 06-18-2001 H-B-1009 MONTHLY ACCOUNT STATEMENT 1182 GP~N INMATE NA~4E NUMBER LAST FIRST MI OLD BALANCE BQ3219 JAE oO~ R -541.84 BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 7157 05-29-2001 37 POSTAGE -.97 -542.81 7157 05-29-2001 37 POSTAGE -.97 -543.78 7190 06-01-2001 37 POSTAGE -.97 -544.75 7231 06-06-2001 37 POSTAGE -1.18 -545.93 7231 06-06-2001 37 POSTAGE -.97 -546.90 7267 06-11-2001 37 POSTAGE -.76 -547.66 NEW BALANCE AS OF THIS STATEMENT ................... > -547.66 p~GE i INMATE ACCOUNTS SYSTEM 07-16-2001 R-B-1009 MONTHLY ACCOUNT STATEMENT 1182 GRN INMATE NAM~ NUMBER LAST FIRST MI OLD BALA/~CE BQ3219 JAE JOHN R -547.66 BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 7344 06-19-2001 37 POSTAGE -.76 -548.42 7392 06-25-2001 37 POSTAGE -1.39 -549.81 7392 06-25-2001 37 POSTAGE -.97 -550.78 7405 06-26-2001 37 POSTAGE -.34 -551.12 7531 07-13-2001 37 POSTAGE -1.72 -552.84 7531 07-13-2001 37 POSTAGE -.57 -553.41 7550 07-16-2001 37 POSTAGE -3.95 -557.36 NEW BALANCE AS OF THIS STATEMENT ................... > -557.36 JOHN RICHARD JAE, PLAINTIFF V. MARTIN F. HORN, ET AL., DEFENDANTS AND NOW, this IQ forma pauperis, IS GRANTED. John Richard Jae, #BQ-3219 SCI Greene 175 Progress Drive Waynesburg, PA 15370-8089 :saa : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-4697 CIVIL TERM day of August, 2001, the within petition to proceed in JOHN RICHARD JAE, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARTIN F. HORN, ET AL., DEFENDANTS : 01-4697 CIVIL TERM AND NOW, this ---__~· day of November, 2001, the plaintiff having previously been granted in forma pauperis status, the Sheriff of Cumberland County is directed to make service of the complaint on the defendants. Plaintiff's complaint is ordered reinstated. John Richard Jae, #BQ-3219, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370-8089 :saa Edga~ ~'~.h/~yley, J. / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, Plaintiff, V. MARTIN HORN, et al., Defendants No. 01-4697 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of Defendants Jeffrey A. Beard, Martin F. Horn, David S. Meyer, and Robert G. Gimble, in the above-captioned matter. PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Respectfully submitted, Assistant Counsel Attorney I.D. No. 48148 Dated: January 15, 2002 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, Plaintiff, V. MARTIN HORN, et al., Defendants No. 01-4697 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a tree and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: John Richard Jae, BQ-3219 SCI-Greene 175 Progress Drive Waynesburg, PA 15370 PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 f~a~elle C. Stapleton x,,~C~erk Typist Dated: January 15, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, : : Plaintiff, : : V. : : MARTIN HORN, et al., : : Defendants : No. 01-4697 Civil Term DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendants, Jeffrey A. Beard, Martin F. Horn, David S. Maeyer, and Robert G. Gimble, object to Plaintiff's Complaint as follows: 1. Plaintiff is an inmate incarcerated at the State Correctional Institution at Greene. (Complaint, 7 1). 2. Jeffrey A. Beard is the Secretary of the Pennsylvania Department of Corrections. (75). 3. Martin F. Horn is the former Secretary of the Pennsylvania Department of Corrections. (7 2). 4. David S. Maeyer is the Business Manager at the State Correctional Institution at Camp Hill. (7 3). 5. Robert G. Gimble is the Business Manager at the State Correctional Institution at Camp Hill. (7 4). 6. At some point in the past, Plaintiff was incarcerated at the State Correctional Institution at Camp Hill. (7 1). 7. Plaintiff claims that he has been denied access to the corms. (7 48). 8. Plaintiff claims that he has a fight to unlimited free stationary, carbon paper, postage, envelopes, and photocopies. (¶ 49). 9. Plaintiff claims that Department of Corrections' policies deprive him of his right to possess and read his own personal leisure, educational and rehabilitation reading materials. (¶ 50). 10. Plaintiff's challenge to the policies relating to reading materials is based on his contention that the policies are impermissible vague on the issue of what is defined as "obscene" because they do not clearly define what is "actual penile/vaginal-oral, penile-anal or penile- vaginal, digital-anal, digital-vaginai penetration." (¶ 47). 11. Plaintiff claims the above-alleged conditions violate the prohibition against double jeopardy. (¶ 51). 12. Plaintiff requests, among other things, an award of compensatory damages, punitive damages, and injunctive relief. (See V. Relief Requested). 13. A copy of the Complaint is attached hereto as Exhibit "A." First Preliminary Objection Demurrer to "First Cause of Action" 14. Paragraphs 1 through 13 are incorporated herein. 15. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides for a preliminary objection on the grounds of the "legal insufficiency of a pleading (demurrer)." 16. A demmxer admits as true all well-pleaded facts and all inferences reasonably deducible therefrom; however, conclusions of law, unwarranted inferences, argumentative allegations or expressions of opinion need not be accepted. Dial v. Pennsylvania Board of Probation & Parol__e,e 706 A.2d 901 (Pa. Cmwlth. 1998). 17. Prisoners' claims of denial of access to the courts are analyzed under the United States Supreme Court's decision in ~ 518 U.S. 343 0996). 18. Under Lewis. a prisoner must allege that an actual harm was suffered by the denial of access, by either the dismissal of a non-frivolous complaint or the fact that a non- frivolous complaint cannot be filed. 19. The factual allegations in the Complaint are legally insufficient to establish a claim of denial of access to courts. WHEREFORE, the Defendants respectfully request that the complaint be dismissed with prejudice. Second Preliminary Demurrer to "Second Cause of Action" 20. Paragraphs 1 through 19 are incorporated herein. 21. Plaintiff's "Second Cause of Action" claims he has been illegally deprived of his rights to be provided with enough free postage, envelopes and photocopies to ensure he has effective, meaningful and unimpeded access to the Courts. (¶ 49). 22. To the extent that Plaintiffre-asserts his access to courts claim here, paragraphs 1 through 19 are incorporated by reference. 23. To the extent that Plaintiffclaims he has a free-standing right to unlimited free office supplies and postage, no such right exists. ~ .Kershner v. Mazurkiewie~ 670 F.2d 440, (3rd Cir. 1982); ~ 871 F. Supp. 772 (M.D. Pa. 1994). WHEREFORE, the Defendants respectfully request that the Complaint be dismissed with prejudice. Third Preliminary Objection Demurrer to "Third Cause of Action" 24. Paragraphs 1 though 23 are incorporated by reference. 25. Plaintiff's "Third Cause of Action" appears to sound in mandamus in that Plaintiff asks thc Court to order the Pennsylvania Department of Corrections to rescind current policies and re-instate prior ones. (¶ 50, V. Relief Requested C). 26. A writ of mandamus is an extraordinary remedy which compels official performance of a ministerial act or a mandatory duty. pennsylvania Dental Ass'n v. Insurance Department~ 512 Pa. 217, 516 A.2d 647 (1986). 27. In an action in mandamus involving an administrative agency's exercise of discretion, the court may only direct the agency to perform the discretionary act and may not direct the agency to exercise its judgment or discretion in a particnlar way or direct the retraction or reversal of action already taken. Matestic v. Maleskl. 624 A.2d 776 (Pa. Cmwlth. 1993). 28. A writ of mandamus may be issued, only where there is a clear legal right in thc plaintiff, a corresponding duty in the defendant, and lack of any other appropriate and adequate remedy. Delaware River Port Authority v. Thombur~h, 508 Pa. 11,493 A.2d 1351 (1985). 29. The propose of mandamus is not to establish legal rights, but to enforce those rights already established beyond peradventure...Africa v. Horn: 701 A.2d 273 (Pa. Cmwlth. 1997). 30. The factual allegations in the complaint are legally insufficient to establish a claim for mandamus relief. WHEREFORE, the Defendants respectfully request that the complaint be dismissed with prejudice. 4 Fourth Preliminary Objection Objection to Jurisdiction over Third Cause of Action" #nd all Official Cnpnei~y Claim~ 3 I. Paragraphs 1 though 30 are incorporated herein. 32. To the extent that Plaintiff seeks relief against the Pennsylwtuia Department o£ Corrections, the Com-t lac~ jurisdiction because the Pennsylvania Depm'tment o£ Corrections is not a party to this lawsuit. Dem~ment of Public Welfare v. Alessi. 546 A.2d 157 (Pa. Cmwlth. 33. This Court lacks jurisdiction over any claims raised against the Defendants in their official capacities or against the Pennsylvania Department of Corrections. 42 Pa.C.S.A §§ 761,931. WHEREFORE, the Defendants respectfully request that the complaint be dismissed with prejudice. Fifth Preliminary Objection Demurrer to "Fourth Cause of Action" 34. Paragraphs 1 through 33 are incorporated herein. 35. PlaimilTs "Fourth Cause of Action" claims that his conditions of confinement violate the prohibition against double jeopardy. (¶ 51 ). 36. The double jeopardy clause protects against three things: a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense. U.S. Const. Amen. V; Corn v. McGee 744 A.2d 754 (Pa. 2000). 37. Prison disciplinary and adminish-ative polices do not implicate the double jeopardy clause. _See, Com. V. McGee. 744 A.2d 754 (Pa. 2000). 38. The factual allegations in the Complaint are legally insufficient to establish a claim of double jeopardy. WHEREFORE, the Defendants respectfully request that the complaint be dismissed with prejudice. PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, pA 17011 (717) 731-0444 Dated: January 15, 2002 Respectfully submitted, Assistant Counsel Attorney I.D. No. 82670 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, : Plaintiff, V. MARTIN HORN, et al., Defendants No. 01-4697 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Defendants' Prelimi-o,-, ,'~u:~.: .... -~,.~ ,-,oj,~uons to t'laintiff's Complaint upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: John Richard Jae, BQ-3219 SCI-Greene 175 Progress Drive Waynesburg, PA 15370 PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: January 15, 2002 fS]melle C. Stapleton ',.~lerk Typist PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be bfpewritten and sukmmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: P]~e list the within matter for the next ~t Court. CAPTION OF CASE (entire caption must be stated in ~ll) - JOHN RI(MARD-JAE ( pl ai ntiff) MARTIN HORN, JEFFREY A. BEARD, DAVID S. MAYER, AND ROBERT GIMBLE ( Defencl~nt ) No. 01-4697 Civil Term 19 State m~tter to be arc3ued (i.e., pla/ntiff's m~tion for new tr~m], defendant's demurrer to c~,~la~nt, etc. ): Defendants' Preliminary Objections 2. Identify counsel who wJ ] ] argue case: e (a) for pi m~ntiff: ~r~ss: John Richard Jae, pro se SCI-Greene, 175 Progress Drive Waynesburg, PA 15370 (b) for defe_-dmnt: Alan M. Robinson, Assistant Counsel ~ess: PA Department of Corrections 55 Utley Drive Camp Hill, PA 17011 I w~ 11 notify al 1 Darties in writing within b,o d~ys that th_is case has been listed for arc3~m~-nt. 4. Argument Co~trt Date: Dated: January 15, 2002 Wednesday, March 27, 2002 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, : : Plaintiff, : .. V. : : MARTIN HORN, et al., : : Defendants : No. 01-4697 Civil Term DEFENDANTS' MOTION FOR CONTINUANCE Defendants, Jeffrey A. Beard, Ph.D., Martin F. Horn, David S. Meyer, and Robert G. Cfimble request a continuance for the following reasons: 1. Defendants filed preliminary objections to Plaintiff s complaint on January 16, 2002. 2. Also on January 16, 2002, Defendants flied a Praecipe for Listing Case for Argument, which requested that the matter be listed for Argument Court on March 27, 2002. 3. Thereafter, Defendants' attorney received a postcard stating that the matter was listed for Argument Court on February 13, 2002. 4. On February 4, 2002, Defendants' attorney mailed a letter to the Court Administrator explaining the situation and asking that the matter be rescheduled for March 27, 2002. (A true copy of the February 4, 2002 letter, with enclosure, is attached as Exhibit A). continuance. 6. Defendants incorporate Exhibit A by reference in support of their request for a This request is made in good faith and will not prejudice the Plaimiff. WHEREFORE, Defendants Jeffrey A. Beard, Ph.D., Martin F. Horn, David S. Meyer, and Robert O. Gimble request that argument on their preliminary objections to the complaint be continued until the Argument Court session scheduled for March 27, 2002. PA Depmhnent of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: February 7, 2002 Respectfully submitted, Alan M. Robinson Assistant Counsel Attorney I.D. No. 82670 2 PENNSYLVANIA DEPARTMENT OF CORRECTIONS GOVERNOR'S OFFICE OFGENERAL COUNSEL 55 UTLEY DRIVE CAMP HILL, PENNSYLVANIA 17011 (7t7)73t-0444 Fcbrua~ 4, 2002 Taryn Dixon Court A*qmlnlstrator Cumberland County Court of common Pleas One Courthouse Square Carlisle, PA 17013-3387 Jae v. Horn; et al. No. 014697 Civil Term Dear Ms. Dixon: I am in receipt of a postcard indicating that the above-referenced case has been listed for ar~unent on Februa~ 13, 2002. Thc matter currently before the Court is Defendants' Preliminary Objections to Plaintiff's Complaint. On January 16, 2002, I filed a Praecipc for A~gument asking for the March 27, 2002 argument court. A copy of the praecipe filed is enclosed for your records. Please accept this letter as a request to reschedulc thc argument until March 27, 2002. Additlonnlly, in fairness to Mr. Sae, I should inform the Court that he is currently incarcerated at the State Correctional Institution at ~-,ne and it is ~mllkaly that he will be able to personally appear in court on this matter. I have no objection to submitting this matter on briefs and will await direction from the Court in this resar& Otherwise, I will file my brief in accordance with the Local Rules govcrnlng argument corot Thsnk yOU for your attention to this matter. Please do not hesitstg to colltact me with ally questions or concerns. Assistant Cotmscl AlmUjes Enclosure . cc: John Richard lae, BQ-3219, SCI-Greene (w/enclosures) File EXHIBIT A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and su~tted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: pl~m~e ]Cst the within matter for the next ~t Court. CAPTION OF CASE (entire caption must be stated in ~11) JOHN RICHARD UAE (plaintiff) MARTIN HORN, J~'.~'~--'Y A. BEARD, DAVID S. MAYER, AND ROBERT GIMBLE ( Defendant ) No. 01-4697 civil Term 19 State rotter to be a~gued (i.e., plaintiff's ~tion for new trial, defendant's d~t~z~r to cc~lm~nt, etc. ): Defendants' Preliminary Objections 2. Identify counsel who ~,ri11 argue case: (a) for plm~ntiff: John Ricbard Jae, pro se ~r~ress: SCI-Greene, 175 Progress Drive Waynesburg, PA 15370 (b) for def~nt: Alan M. Robinson, Assistant Counsel ~m~ess: PA Department of Corrections 55 Utley Drive Camp Hil~, PA 17011 I w~ll notify ~ll ~cie~ in writingwithin t~odays that t_his case has listed for argument. 4. Argt~entCourt Date: Wednesday, March 27, 2002 AttOrneY for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, Plaintiff, V. MARTIN HORN, et al., Defendants No. 01-4697 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Defendants' Motion for Continuance upon the person(s) and in the manner indicated below. Service by fa'st-class mall addressed as follows: John Richard Jae, BQ-3219 SCI-Greene 175 Progress Drive Waynesburg, PA 15370 PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 ~le~T~iSstta2Pleton '--" / I Dated: February 7, 2002 JOHN RICHARD JAE, PLAINTIFF · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARTIN HORN, et al. DEFENDANTS : 01-4697 CIVIL TERM AND NOW, this 12t~ day of February, 2002, the defendants' motion for a continuance, IS GRANTED. The Prothonotary is directed to relist the case for the March 27, 2002, argument court. John Richard Jae, #BQ-3219 SCI Greene 175 Progress Drive Waynesburg, PA 15370 ALan M. Robinson, Esquire Department of Corrections 55 Utley Drive Camp Hill, PA 17011 :saa 17. John Richard Jae V Martin Horn, Jeffrey A. Beard, David S. Mayer, and Robert Gimble : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : : NO. 01-4697 CIVIL TERM ' ORDER OF COURT AND NOW, February 13, 2002, by agreement of counsel, the above-captioned matter is continued from the February 13, 2002 Argument Court list. Counsel is directed to relist the case when ready. ~ohn.,Richard Jae, Pro Se For the Plaintiff A~M. Robinson, Esquire /For the Defendant Court Administrator ld By the Court, JOHN RICHARD JAE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA MARTIN F, HORN, ETAL, DEFENDANTS · 01-4697 CIVIL TERM AND NOW, this day of April, 2002, plaintiff is allowed thirty (30) days from this date to file a brief in chambers in response to the brief flied by defendants in support of their preliminary objections to plaintiff's complaint. John Richard Jae, #BQ-3219, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370-8089 Alan M. Robinson, Esquire Assistant Counsel Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 :saa JOHN RICHARD JAE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTIN F. HORN, individually and in his official capacity as former Secretary of Pa. Dept. of Corrections; DAVID S. MAEYER, individually and in his official capacity as Business Manager, SCI-Camp Hill; ROBERT G. GIMBLE, individually and in his official capacity as Business Manager, SCI- Camp Hill and DR. JEFFREY A. BEARD, Ph.D., individually and in his official capacity as Secretary, Pa. Dept. of Corrections, DEFENDANTS : 01-4697 CIVIL TERM IN RE: DEFENDANTS' PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY. J. OPINION AND ORDER OF COURT ORDER OF COURT AND NOW, this _~_______ day of May, 2002, the preliminary objection of defendants to plaintiff's complaint, IS GRANTED. Plaintiff's complaint, IS DISMISSED. 01-4697 CIVIL TERM John Richard Jae, BQ-3219, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370-8090 Alan M. Robinson, Esquire Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 For Defendants JOHN RICHARD JAE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA MARTIN F. HORN, individually and in his official capacity as former Secretary of Pa. Dept. of Corrections; DAVID S. MAEYER, individually and in his official capacity as Business Manager, SCI-Camp Hill; ROBERT G. GIMBLE, individually and in his official capacity as Business Manager, SCI- Camp Hill and DR. JEFFREY A. BEARD, Ph.D., individually and in his official capacity as Secretary, Pa. Dept. of Corrections, DEFENDANTS · 01-4697 CIVIL TERM IN RE: DEFENDANTS' PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY. J. OPINION AND ORDER OF COURT Bayley, J., May 9, 2002:-- Plaintiff, John Richard Jae, is an inmate at SCI Greene. He filed this complaint under 42 U.S.C· Section 1983, against various Pennsylvania correction officials and employees as a result of occurrences during a period of time that he was confined by the Pennsylvania Department of Corrections at SCI Camp Hill, in Cumberland County. Plaintiff alleges that he was denied a constitutional right to have adequate, effective and meaningful access to the courts, and to due process of law, and to possess his own "personal books/magazines & to freedom of choice to read what he chooses to 01-4697 CIVIL TERM read/freedom of expression." He seeks "compensatory & punitive damages, court & other costs, filing fees, service fees, plaintiff's attorney fees & costs (if any)," and a remedial order declaring invalid various administrative regulations of the Department of Corrections. Defendants filed a preliminary objection to dismiss the complaint which is ready for disposition. In order to plead a valid claim under 42 U.S.C. § 1983, plaintiff must establish two essential elements: (1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived him of rights, privileges, or immunities secured by the constitution or laws of the United States. Johnson v. Desmond, 658 A.2d 375 (Pa. Super. 1995). Plaintiff has satisfied the first element because the conduct complained of was committed by Pennsylvania state officials and state employees. Plaintiff's constitutional claims fall into the following categories: (1) that he has been denied access to the courts because he does not receive ~ free office supplies, copies and postage, (2) double jeopardy, and (3) a challenge to the regulations on inmate discipline of the Pennsylvania Department of Corrections as they apply to possession of certain types of publications. While averring that he received some free supplies, postage and copies, and some money, pursuant to a regulation of the Department of Corrections, plaintiff alleges a constitutional violation because he did not receive unlimited free office supplies, copies and postage. He claims that his prison litigation has been hindered as a result -2- 01-4697 CIVIL TERM of the restrictive Department regulation. The litigation he cites in his complaint is? Jae v. Horn, et al., (Pa. Cmwlth. No. 418 MD 1999). Jae v. Kyler, et al., (W.D.Pa. No. 99-CV-895). Jae v. Long, et al., (MD.Pa. No. 99-CV-71). Jae v. Laskey, et al., (MD.Pa. No. 99-CV-1610). Jae v. Horn, et al., (CCP Huntingdon County No. 98-1830). Jae v. SCl-Smithfield Library Director, (Pa. Cmwlth. No. 2518 C.D. 1998). Prisoners have a constitutional right to access to the courts. Bounds v. Smith, 420 U.S. 817, 97 S.Ct. 1491, 52 L. Ed.2d 72 (1977). When a constitutional claim is made alleging a peripheral denial of access to the courts because of lack of legal materials, an inmate must show actual injury in order for his complaint to succeed. Kemhner v. Mazurkiewicz, 670 F.2d 440 (1982). The constitutional concept of an inmate's right to access to the courts does not require that prison officials provide inmates free or unlimited access to photocopying machinery. Johnson v. Parke, 642 F.2d 377 (10th Cir. 1981). When an inmate's access to the courts is not unduly hampered by a denial of access to such machinery, he cannot complain. Id. We have examined the complaint and are satisfied that plaintiff has not pled a legally sufficient claim for lack of access to the courts to pursue his copious prison litigation sufficient to warrant a trial. Plaintiff alleges a violation of double jeopardy based upon restrictions he was ~ He cites no litigation regarding his criminal judgment of sentence. -3- 01-4697 CIVIL TERM subject to while in disciplinary custody at SCI Camp Hill. The double jeopardy clause protects against multiple prosecutions and punishments for the same offense. Commonwealth v. McGee, 744 A.2d 754 (Pa. 2000). A double jeopardy claim does not arise as a result of an inmate's administrative status. While averring that he was allowed certain books, magazines and reading material while in disciplinary custody, plaintiff alleges that Department of Corrections' administrative regulations constitutionally infringe on the content of such material because they vaguely prohibit material depicting, "actual penile/vaginal-oral, penile-anal or penile-vaginal, digital-anal, digital-vaginal penetration.''2 This claim is ridiculous, and accordingly frivolous. Plaintiff has failed to plead facts that are legally sufficient to permit his action to continue. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this '1~ day of May, 2002, the preliminary objection of defendants to plaintiffs complaint, IS GRANTED. Plaintiffs complaint, IS DISMISSED. The Pennsylvania Department of Corrections is not a named defendant. -4- 01-4697 CIVIL TERM John Richard Jae, BQ-3219, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370-8089 Alan M. Robinson, Esquire Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 For Defendants :saa -5-