HomeMy WebLinkAbout07-5406
IN TBE Cak~ONWEALTH OfIURT
OF PENNSYLVANIA
~•'
v.
BE
1dtI3'!'P.N P.
DOiNALD YEL
N0. # V / ~ ~~Q !n
~t~~~ TKO
PETITION F08 WRIT OF 1lANDAIRIS
TO T$B
C~RETA~Y UF:THR DEPT.
OF OORRECTIONS
,~ GRIEVANCE
OFFICER
P.R, SUPF1tINTENDANT AT
CAMP HILL
JITDGES OF THE COI~lNNIWEALTH 00~11tT:
Nom c the petitioner, Charles Smith, who by the way of pro se respectfully
petitions th s Honorable Court for a Writ of Mandamus to be directed to the
Pennsylvania Department of Corrections and avers the following in support thereof:
PETITION FOR REVIEW
1) This Cour has jurisdiction over this matter pursuant to section 763 of the
Judicial ode, 42 Pa C.S. § 763.
2) Petitione is Charles Smith, an adult individual, who is currently incarcerated
at the St to Correctional Institution at Camp Hill.
3) Responder s are Jeffrey Beard, Secretary of the Department of Corrections, 2500
Lisburn R ad, Camp Hill, Pa 17001, Kristen P. Reisinger, Chief Grievance Officer,
2500 Lisb rn Road, Camp Hi11 Pa 17001, and Donald Kelchner, Superintendant at
the Insti ution at Camp Hill, P.O. Box 200 Camp Hill, Pa 17001.
4) On February 13, 2007 Petitioner was transferred from SCI Greene to SCI Camp Hill.
~_.
_ _ - sw~,.:.a~~
5 ) My p
6) On
y had keen packed by security February 12, 2007.
2, 2007 I was called to security tQ pick up my property.
7) Seven bo es were packed sparingly to decrease the postage paid to ship.
8) My legal work was shipped accidently instead of being brought with me.
9) I was to d I would not be allowed to have all my property because it would
not all it into two boxes.
10) Mq foot ocker was empty.
11) Everyth ng fit into three boxes.
12) The box containing my legal work should have been brought with me because
both my cases are active.
13) The box containing the books and magazines was immediately taken from me.
14) The con ents were unknown at the time.
15) These p blications were not sent in but brought with me.
16) The Pub ications are:
1) In S arch of Druuna by Scerpiari, 2) Forgotten Planet by Scerpiari
3) Heav Metal Magazines May, Sept, 2004 March, May, July,_Nov 2005, March
May, No ember 2006, January, March 2007. 4) Bud Plant Catalog Summer 2001
S) Bud lant Catalog Fall 2003. 6) Mirage by Boris Vallejo 7) Maxim Jan 2007
8) 8x 1 har,lbound sketchbook 9) 11x14 hard bound sketch book
17) The fol
1) Tasc
The Art
/~'1?~ Policy
!~) We were
~l~@r) The pur
oZ~2Cf) The pub
ob2 ~) These a
0?3 2~') I offer
d1~a~ I was r
ng were taken July 3, 2007:
Art Publication Catalog Spring Summer 2007 2) Hard Curves,
Julie Be11
803-2 was added to policy number 803.
old to keep a copy posted with our publications to avoid confiscation.
se of these materials is not sexual arousal or gratification.
cations contain collections of drawings and comics.
not pornographic in nature.
to remove the offensive materials from the sketchbooks.
used.
t
~j~None of
through
096 ~} The li
a7 ~ The
materials would be in my possession if they had not first gone
mail and IPC review.
has a copy of the VALLEJO BOOK "Dreams"
is similar to "Mirage".
p?$'~ DC 815 totes when a~~ inmate tranfers to a facility that does not permit a
particu ar item previously approved at another facility the inmate will be
permitt d to keep the item,
o~~) If the ublications were no longer permitted , the institution (Greene) would
have ma a me send them home instead of to this facility.
c?d~,1 DC 803- states a denied publication listing would be posted at each institution
library
3!'i~~ This ha not happened.
,-~2~) Policy umber $03-2 states if the publication or material has significant literary
or educ tional value it ma~- be approved on a case by case basis taking into
conside ation educational programs the inmate is involved in and the. type of
his/her offense.
~,~~) This is ludes art books that may feature nude pictures.
~ The bas c purpose of these is NOT sexual arousal or gratification.
The pol cy and the clarifications also apply to publications, books, magazines,
and pho ographs sent by families friends and others.
~6 ~S,) Policy 03-2 Does not state that upon transfer the publications approved at
another institution shall necessarily uet:,be permitted in another facility.
The poli y states that all previously approved items WILL BE PBI~fIT.rED.
3~~) The IPRC reviews new, incoming magazines.
$~~) The IPRC does not review publications previously reviewed.
~{OJ4) None of he magazines were on a disapproved list.
~~~) Sgt Horn ng sent the entirelcontents of the box to be reviewed by security due
to the f ct that he felt I lead too much property and that he thought I was from.
the SMU.
~i2~) I have n ver been to the SMt~.
t~34~) March 30 2007 I was calledlto property to sign off or notify that I would be
appealin the decision rega~4ding my property.
yY~) Sgt Hor ing was informed that I would be filing an appeal.
~~) A griev nce was filed.
A magaz ne was thrown at me by Sgt Horning after he became upset about the
grievan e I filed.
~~ I immed ately wrote the Superintendant's office concerning the incident on
March 3 2007.
YB'Q~) Superin endant Kelchner responded April 13m, 2007 after various relatives had
contact d him regarding the incident.
j No acti n was taken.
~~ Appeals were subsequently filed on the following dates:
S/3~ April 1~, 2007 Appealing to the Superintendant.
Sot.) May 17, 2007 Appealing to the Chief Secretary's Office.
53~j The las response denying mly appeal was recieved July 13, 2007.
Sf'51~") None of ~ny issues were addressed at any point .
~,S3~i) This petition follows.
-f~.`~) I feel t at I have no other recourse but to file this petition due to the
blatant isregard of policy and lack of response in this matter,
Respectf ubmitted,
ar es Sm
EL4513
P.O. Box 200
Camp Hill, PA 17001-200
s
Charles Sm~
EL4513 @
P.O. Box 2C
Camp Hi11,
Cumberland ounty Courthouse
One Courtho se Square
Carlisle, P 17013-3387
Curtis R. L ng
Civil Divis on
17001-200
Prothonotar of Cumberland County
t~iSiliOBl~i D~CI.ARATIOb
Y, Charles
are true and
any false st
4909, relati
Date: July
ith, do hereby verify that the facts set forth within this petition
correct to the best of my knowledge, information or belief and that
tements herein are made subject to the penalties of 18 Pa. C.S.A. §
g to unsworn falsification to authorities.
2007 -
ro se, oner
• ~ r
PROOF OF SERVICE
I, Charles 5 ith, herby verify that I am this day serving the foregoing document
in the manne listed. below which service satisfies the requirements of Pa R.A.P.
121, This se vice also satisfies the requirements of the Prisoner's Mailbox Act;
Commonwealth v. Jones 700 A.2d 423; Houston v. Lack 108 S. Ct. 2379:
Service by f~.rst class mail:
Prothonotary of Cumberland County
Gurus R, Lo g
Civil Divisi n
Cumberland C unty Courthouse
One Courthou a Square
Carlisle, Pa 17013-3387
Jeffrey Bear , Secretary of
the Departure t of Corrections
2500 Lisburn Road
Camp Hill, P 17001
Kristen P.
Chief Grieve
2500 Lisbur:
Camp Hill,
Donal Kelch:
Superintend,
P,O, Box 20i
Camp Hill,
Dated: July
ce Officer
Road
17001
t of SCI Camp Hill
17001
~ 30 , 2007
EL4513 @
P.O, Box Z00
Camp Hill, Pa 17001-200
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IN T}~ OOU[tT 0~ CQ~l~ON PLEAS OF
--~ COMMONWEALTH OF
~S.
SYLVANIA,
s
C4yl~~~ OOtMfY. PENNSYLVANIA
N0. ~~ ;,5 yl/fi
c;~;~ T~~
IN FORMA PAUPE1tIS VERIFIED STATFJ~ffJ~f
-~ states under the penalties provided by 18
Pa.C.S. § 4904 ( nsworn falsification to authorities) that:
1. I am the defendant in the above action and because of my financial
condition am una le to pay the fees and costs relative to the filing of a notice
of appeal to the Pennsylvania Superior Court.
2. My respo ses to the questions below relating to my ability to pay the
fees and costs o prosecuting an appeal are true and co ect.
(a) Are you presently employed? Yes ( ) No (y/f~
(1) If t e answer is yes, state the amount of your salary or wages per
month and give the name and address of your employer.
(2) If t e answer is no, state the date of your last employment and the
salary and wages per month which you received. /~~,~ _ST~,~I,,~i,
(b) Have you received within the past twelve months any income from a business,
profession or o her. form of self-employment, or in the form of rent payments,
interests, divi ends, pensions, annuities, social security benefits, support
payments or othe source? Yes ( ) No (
If the ans er is yes, describe each source of income, and state the amount
received from ea h during the past twelve months.
(c) Do you own any cash or checking or savings account? Yes ( ) No
~~,~ ' ,,.
r
If the an wer is yes, state the total amount of the items owned.
- (d) Do y u own any real estate, stocks, bonds, notes, automobiles, or other
valuable prope ty (excluding ordinary household furnishings and clothing)? -,~~
If the a saver is yes, describe the property and state its approximate value
and the amount of any encumbrances.
(e) Listthe persons, if any, who are dependent upon you for support and
state your relationship to those persons.
(f ) List ~11 your debts and .obligations . `~~5~ ~~ ~ ,~~LlL ~ /_/l/u/~ P
(3 ) I uni
verified state
of the second
Institution Ni:
SCI-Camp Hill
P.O. Box 200
Camp Hill, PA
erstand that a false statement or answer to any question in this
gent will subject me to the penalties provided by law (misdemeanor
.egree).
Defendant, Pro Se
er E,GS/cS/.~
17001-0200
5
r .1~
a , ~
PAGE 1 ~ INMAT$ ACCOUNTS SYST81~ 07-18-2007
N-B1-1016 MONTRLY ACCODNT 3TATEM$N'P 2759 CAM
INMAT$ NAME
NUMBER LAST FIRST MI OLD BALANC$
$L4513 SMITE CHARL$S 44.51
BATCH DATE
# MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANC$ AFTER
AMOUNT TRANSACTION
8177 06-26-2007 32 CAId COMMISSARY
FOR 6/26/2007 -27.12 17.39
8179 06-28-2007 34 CA1t CABL$ TV
FOR 6/28/2007 -15.75 1.64
9191 07-10-2007 10 INDfATE BMPLOYMSNT
CA1[ PAYROLL 2007. - 06 C3RP 2 14.70 16.34
9191 07-10-2007 50 ACT 84 TRANSACTION
'~ 1041/9706 07/10/07 -2.94. 13.40
9191 .0T-10-2007 10' INMAT$ ~LOYM$NT
CATS PAYROLL 2007 - 06 (3RP 2 67.62 81.02
9191 07-10-2007 50 ACT 84 TRANSACTION
1041/9706 07/10/07 -13.52 67.50
8.198 07-17-2007 32 CAM CO~ISSARY
FOR 7/17/2007 -33.44 34.06
NS~P
I C$ AS OF THIS 3TAT$M$NT ------------------->
y 34.06
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CHARLES SMITH,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
JEFFREY BEARD, Secretary
Of the Department of
Corrections, KRISTEN P.
REISINGER, Chief
Grievance Officer, DONALD
KELCHNER, Superintendent
at Camp Hill,
Respondents
No. 07-5406 CIVIL TERM
IN RE: PETITIONER'S PETITION FOR WRIT OF MANDAMUS
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 24a' day of September, 2007, upon consideration of Petitioner's
Petition for Writ of Mandamus, and it appearing that jurisdiction does not reside in a
court of common pleas with respect to this litigation, the petition is dismissed, without
prejudice to Petitioner's right to file the action in a court of proper jurisdiction. ~
BY THE COURT,
Wesley OI~r, Jr., J:
~ See
Pa. C.S. § 761; Jamal v. Com., Dept. of Corrections, 121 Pa. Commw. 42, 549 A.2d 1369 (1988).
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Charles Smith, EL-4513
PO. Box 200
Camp Hill, PA 17001
Petitioner, Pro Se
Jeffrey Beard, Secretary of the Department of Corrections
2500 Lisburn Road
Camp Hill, PA 17001
Respondent
Kristen P. Reisinger, Chief Grievance Officer
2500 Lisburn Road
Camp Hill, PA 17001
Respondent
Donald Kelchner, Superintendent
SCI Camp Hill
PO. Box 200
Camp Hill, PA 17001
Respondent