Loading...
HomeMy WebLinkAbout04-1013bcrridt rrIIY,wA bT-'')i5 .5C - Grztnc 175 P7)6r45,s Dr,1rL WkYhu ?Irb P4 153go 31U THE 6vaT or CvrnMA) PLEAS 6F (UMAeRLA b a a)V PEAMAYLVRndW i DEMI IC rn4lLtnan?E`r, Yltam?,'fF ' I V. ' I I ffogazT C,Zml3iC-, ctaL, nEFENDAMS 1 I APP( U TG OQcEEb .Ltvr(,ft f PAUP&W CNi ) Aaftin No, ') y- /u /3 P)atk+!'IT Pz,*rrts 'fks Caw4 Pmq an# 4o &, 17. C,V. P 32YU) aml ask for I cavz fo PtozcrcP in ;n Forma &Jzris Sfafr.S and avem 4.s Po&ds i L Plrur fiFF i3 G sktit, A-kbnrr GI,{?cr? t 4. L/O?, Srzwr`Fics Sirr.ICS , Sc ?s ar anY ;mm?z 2. I?tt tfv?ncr G?uc +o ? (s jMi6zneY is wWwt.4f Az ma*z to PrwcrdG lh AjIg LiL4ton GSCCcQt y r77 Porrwj,?. IJUArrr 3. P)4;ft (F h4s PL1fuovi {lc SCS-Grunc &usr:,as oJtzc Foerclasc & Co?Y of k7 3nml k 4a-4 tAt Fclr verl"Ay.fiDo of Plarntr' s lbld?li{Y in (,Y 1-? Gis t 0? ,4 s &"dih6 bJRE12t1W-, fICUnH P"As -{{7404 443 CL',rV LX0 61LNf P14vlfi% Aftl4flw7 -fa t?(Daed ;k Ais mD.tfrr unAL- 47" ?uaII is 4? Notarial Seal Sharon A. Sebek, Notary Public Franklin Twp. Greene Ccunty My Commission expires May 1, 2007 1?P?i?ullY .?railttcQ, ?crrlLlC M `lGnnaY !'? hJ C«7 ?7 ,r n - _I_ T „ :j ? "?? ' l^ ? 4 L ? ?..) -f? ?_, `J Il ?_ W De,(N4K Mckinl)d, Di- 7715 S.L..Z.- t!arunc- 175 Pra6rw br1VG WaYnesAt*6 FA 155,370 3?v ` fE CaW OF CWtMn) PLEAS OF 6UmAc'21-)VM CjWUTY- FrJAbYLVAXU4 I bERRILk mlkSruNtY, 1 Pluin+i?s vs . 1 I R08ERT6IMadc, SLA21ue S7EZGH2WNLl, t CORAECrWWRL 06F 40 kCLWE, CLk TBtval oFFICER LEdrn>9fl I D?Fendunts i 6jVil A64-40r7 No. 0q - Id13 N0TI C6 You nuYL !6r Sued in 6"r1'. If V4u wish +o Gitand a6ath5k Az rskiY7 6 SLf r+ tuH4 h At f,Iloidob Pubes , rr You Musk dakl4diw u/tAn fwmkY Lea) do Ys &F4,7 -F17;j tnmPlum t and no&e arc Scrvur', V enterlnb a wri-Rm &PPz rarme Pusom//y or 4Y ANorneY and Fflmb ,n 1.drifrn6 LWA I-!u: Ca if YLw de&ases or o?17&-, ons lU f-h,, eta ms 6t4 For?A A&,-m4 You: Yo, arc uamed I kaf it Yu, kw) f& dg-,54, the er,sc muY Poc&-d ulif"t you and( ysled&meni may 5c enibd 4&wAsF Yau SY Az Carl- !?iAutt Claim ar fclief rt0utstrd AY 4he P14i7/iff. you muY lase rvrunGy elr Prdfl-ll or ok-krr riM& impor&n i Iv You. YOut SNx&b TAKE- Jnf PAPER 70 YIUR Lrt/dYEF7 ATOnXE .IF Yw Do Av-t flltuE A L AWYER 00 CAIU 6T AflORb ONE, GO To OR TaEFROW6 774E OFF146 SET Fumi Stiou To Fln/b OUT 4^4-2E YOU CNN 60- HELP 6Amberlurd &unkV Bar Ass6cfa&v7 Z L6Cr1Y Awouc CurliSlc PGnrryr IVanici (717) atM- 166 DLff7L k.Iq/lG 4? QT'R`7/.S S.L.I. ' Ci;unc 175 Pr';6rrs? 0nu. fa Ynn s,tt Rli IS.370 1N THE (f6Ukr OF (ZrrrwU hbi?S OF CUM496: A)n L"Ury- Ibut(latIAT04 1 1 D?Q2rcx mcKZnln)EY, 1 Civil 4&fia,,a Plair?fiPf 1 Va. I ? r I Rvticrf Giwrn°Ic) ?lu?nc .5fcibcrwKif, C'vrr tfi?nc ! o4ic£r Anc, (Urra Fionk l i i G??[<r5 L,:bm,?n, 1 LkeZnis I i N o L'c???P???nJl o rim -o ? rn ? ;rn a ,]ll1215DIGZTrZnJ `- r' - i 1. li'Ii5 IS Gf Liv;i Aek)'I GIU.?'?,ili7,/„?';? /.(?$!I (! 'f?l' PJ;i?me,l Si.L?C?II)LS/a/1 Acf Liz P<.L,S .? SSHZ ft) rZ)./?) c4m) `IZP<(?S? for Ibz iw;l!><t( anal >?rLaGiir l o%54.,ucfian, f?cFr: Ontr Gti?? rCnF/ <liG?uGhbr, G P/G[inf,`, s P?J?' fY. f?Lei»ti ;cF stai<s crltclc?'rt for4 frli<:r Pli.?sua<,,+- fo y2 Pa. 1.-S '?'`?' C?) C<i LG? :U YLALN-IaFF ?1Giir?i;t u? .lrra{?: Ctc ca-HY n fhc CLG5F31?y (i h< IUYtS`/(/anio be P;,ir7:-,: r OT rrftij;gns, icAc js <_'cdcri,Ii e6/7,-w)C4 >`<. <1ufC Cr?ffdGFrd/k',,l .?}a<-Fi/(?'iGn raf C-!.<n[. `,.S.c r (:ixn[) unr./i..r,.K: ccf ?.cO' hi7?? Y+??<r!icnJ/ l+?trrn, ?t Fn-.?,n,cs W:aYi?:i? ? f ?:n.; ?`I?%[% '`./jfr<1 f%(Va.'tl ?<,+''IfL,/i?> .?ti ?1.M (" 1?1?'+???./.. L. ?/. rr `?)?+ _?. ?CGL ir!l11'f ?LGS I-AaU Cell f:i I rr l ? ? i i I? I'ae, h<Ifii I f fznL<!'G<:.?: F.rc? a n , 7 ,-n a b `? i In APL DE?FOUDAN 75 dIp'lgz, wuL at a/l /ll'r?C'> n?j-9G9 t/l"!,i ?pp LUIfU utcS fCS IJ.'151?Ve for "leA.'./J.°,? esieGUGfl rli1 <`2?'ILt uUdl/7(J tueld6 to Cv l litr e-5 cizziutii asd For !r'_nN vnICS, - ?[.ial !yC,;?n`tif CG.LIs, c.}L., $, ?•. Jl)u?'r Glalnc 5%Glt'iCr'??`, t?u, „c'' u!1 #?N??s 7HC?tr;,i??rl /+Y1rjn, . ?? n:f r""Ael 2, ii, d; L'A' J -'or ur;( PL), A, '?'Ft l[?? 11 ?,n? , f Q'?? ?G nM:ln, , [ ? ?fJou/ cir lC:G Lf ll3 r?<Zh /? TYl r16V [d l 5. ?..1? lLa'Y1'(lli l? u 1;. 1. b i ltrth ly Z(vz Lind beecY-7-fir 1 •? YJ' 1 befely L-mt 6,1t,7ML, wi fk,"F Poor j_ippovkl fr-or Pl?intrFF, r?4ductcc? 7t)o dol/ur CjziU; c.i vrc?ss ua Ff, ?lfill ft rf Ihr1„ Fc aiZ&I,j, Pr A "I GF FVj,ic?illtrs (I YA6 ) P?Ill".t;CF, ,;lcdlAY'bll A.. lo(4Lr< f_ s ra.-i ,;? tl < r:< r, ?< > rsw P)Ool, lr-? r0 t<U.l' VrlLnr, t??}?p (tppb??l ti/{ 1?7/dP flv, uto'YY+1(.?111J.9?'!? t./IL?ICii/U'S, 1,1/? Cx": H^1V(:+??(?.G f'>pp. i7? GdlSfla (7G',a "? 18 ?fl"?. i 4? ?i.r?l ??,. !`: i, ?/ C.1r71?':1??A? !!'i. ?ie'ti !? Fs-?°_. ?'i<(? ., .i (LM, /'ill'Pri? +ri /'/a } ,.%.??r ?,- .r:lt ?,r.ln?itrr>./G!n, :anal !?- G': ? ? `-li't' J}}iLlGrl r_snnL?•l',? , LeJIl?? L.:detia, lt/Cr L/J:1L 01=41101/ kG5/? mod L?l L/?11F4? Wii3(.G??d(?f 1L1. ?//-'.?i.,(.(:}t ?hU'1.l)/L1 'flnr?G°MO n-'L J1f-L?tI j9C?f'l ?T i?/l-/?' LJ,I??a?hL?/.Ll»G?l.[/.f: ld; )1_ Plug hFs l_+ (.F,G7N•I ?L1n1.195i7?: h i/la6G[5 il..Sb?.(PtL? H^ ?V?'IntiY,!5 Iht,Si//lY lc, ;:,/;iL?, Ulful,- t++nLl', hlii'n h„ tay,'? tx<LL ?.v, t; ??i.al tX. -h. Il-?;rt<?i:?+t ('Iir-ii>InS dUrlitf!/•'1 etn„f L?1'7/??/ Mi3f?r.?itGl? ?? C'rlM,ni; lyti?hll? 1E' P4.C'S. g 3_?i?J C?5 flJ Z "? l? ?i:?1ar_ mLU`C {x GU i !l:>i..?. I P.r?,'r-i`1/.(.?t•'. ? ,r ? 1 ?'!ri4ll!IC2CS rA"?U L?RPv17;1?' ??Le???G?9 {,N S'q °'f:,Yd `_ ?l_<e ?i???? ? ?"+. 4n• I g r.??CUi?LnfS r?F fr?nwr?4fs. Frl,i4r'7S uail frtti?? /Jf? : ti?H .4ri/+ Flain?rfps L'rrrsn?, l 41ni? C1Vil !?[:?r?ns IZ _i',.i/1 I?LtIG.?? ?Y I}C .-/(./i??f5 Ih r77/l c.?l?', t.?G: &rrrudou.t th U,iilGfiCn ?,? I Y.34z1 " ? d ?Y U44"&'Ll lukcn'i 15 EC.5 `s,iglt TkM?:.hG r?,'t? fliShz r?cor?ls ur Tnr?ry4F/gin; l? ?< CAS _Si0 ?}"drib lh {,r Crhiiu?ltlYm vFGr.rwt eud X ?c " U?Fzrli! O;?P?cs;? Ci / ?? fc?ult cif c?+/!snFs 1CI/nt; Gctim.r ani/yStti6wci?lfS iS uNC"sPc 1v up0-mar/ {lux Srt7lcr, rXltiJ4"!s Gin" y?tt'id.:v/fs i? ?dr?nfi?r ?,U;Y still .h I ul Cv3bu C>n,i? Pu arx?tJ. /}5.;d rJ pu,?r?: n??/,?6?tiY Gw// GoiHh ?v"l?{?r' /n-`s(rrGlucf w>la Gana;»,/ rull?i- c?cSvYtcP ?tx cauna,!5. V "I Clolrni i"1, Jci ntll;?{ G'"nS? ?1r6tG'!' I, .r : ,:rn•l t?l` ?ii pt cN ^>?%l 171, ((,i,1? pu:1/a,&?d uc[s /?n P?wn,??? ' 4«??rvl rub G,r?•?rf1F 71<<'4r1 (6) is ?.rU L. ;?!'??i?.2 /. '?:: rri ?i ? 1. n.• i,?A l ?.f ;-0n l^/? Ii1 ?A l?!""/.( i,L': '..?!''7 '2f ?I I M iYi A/A.":?x .:?!`?•!?ly??'?? ?:?/i /iiv? Y'?ItJ/-? p•.?.v -. ?'i ?fJP'f'?.'( i!? /; !l!.L F%.'J/7 .?? 3 ll?r- .. ', .vim T .f 1'•P,,`//1[ !;f'? aU?'!a/ ?'? _ ??.?. (y..ffir?i. '?? .,ri ?,1?G:._ a`xtlrhia CrtM,hul M?IVUyd'a {!?'trl?s tti4f GJ (L CL?/rrG?GYcf cE?inft IP/441ifiA .SY f?iL l "Tcre ;I;IG.,^c ;rA; l ? r='? ,',,?•? (? .{ ? `'':- i ?rr t+, p?:t !u ?i,?, ?n't:=i? , ? .'y?rn%?,M c Ft?src.? LL5 doNr L9lscrj, lzr lhr liGCrlific?t? cdi!l?Grl sflucfiu7 J kinEiCfs kr,K e.t?r P>) r- ?rtrr?curt 6^r tl for hi3 ?. T" huidred as doter-s (1zto.w) of F ? fu_ Nm a? k'oay, 45 ta&P„rtA in l7 "7-lo c4Ak. ?. ll+rcc {,tndnd Gf C'?r?irl ?? CorrpinEYr.(ics ?/nro D-?r_ndtcnfs. 5ici6e-(,J,J f , AIM, cod taAn ,:/") ?rs txar t,I;"II Fi./ IlC6?ic?.'nf C??ih?ntil MabZi?r? rde,4WIItln, up Gnt handIl! (f-V, FAI)'fy Scum t&lf C3^.') ?uzir?L Nwt?tnVC%l?=s; clever, CC!) la'xl; enu?/a ??; Fie CS) pd!fabus SjA5; )'wor'ry Lz&? F. Sdi7L.l Pzho?s, ta?A fm {?(atntil?Fs Tmni;l riots, L-rh,S,Ps curd iF 'uid&v -f For7 4i, f?wnfi &,-7411 Cind CIWI Cc,,VS f11 1-7 1/-/Z r lta li -d u-. doifcrs C-$ 3x w.) ih PUMAhc AtlnEns : _SC'fClL frl'r / , ?d An,, (.!nd `rAmwl, far iil r rn Drill{r,l fJh?;r?r,;! i tt<.li/.' ?Yl`S!'LA1, Itll (! dLaf?Ty,i 6 Plal"A'Pt fr?m,i (WGIfC r'ci. r ` { i-i .rkrr,rk t',17`lfthn;4?, I??n.S?? 'VE r:1:F..V4iIO/)J va rY t17uF? ij1? ? vc?,??i, is rr?rL cvr( GUTrIf fo 'd I?c ?LSi O? hnY ?Chac/?r?/h. ?_ ;h ,rni?#lo:? et??? 101,1 iii/ ?h% r f x= ??/Gff!?Cie ??1/1 ; "i /?:V./J(/ i'!.J,'-,r,ll:n 1 it 17r ?-t. ?, <? ??`fj1G/. ??lirly/r;, 1G CC/+:::,1??7 'T(a?!??'lA.r?lG» Fr` C4it,fl?Y/'1'r/': p??.i?c oZ ?fy L,F tz? Notarial Seal Sharon A. Sebek, Notary Public Franklin Twp., Greene County My Commission Expires May 8, 2007 S derric k Mr 16fre ti . ?) i- 7'715 641 drre.,G 1?5 PIULvr?s bfk t?aYne? ?,(I, , A /5-370 31) TNC- CriutT or CGmm w PLEAS Or CUM96QLANA eWitr7- tVAISYLIONJ a DERtt1Ck mi J<111JNEy, PLinf i rf I YS. ? I I 8086177 C]n'Ia[E, cfa L, I ?.lcrcnc%nt5 I I Civil AemW7 IV, Oy -1013 APP( zAT-zo w TGp APt1m #r-a of C[aL6,6L c In NODU dill 1Va. A-22 , 34U k-"? Or ZLrd C[C/,ried c, t LIZ. P4.6-544 1 g4411- i11(t)IT, Tlu 6eneriAI AssemS held fk4. '14 is Pare,mmij imAtfecnte to the Ci IZCns Or this (I)MMLYIG/CedA -f,64 O)i ;xOir;Amh wAo stet( 14wful redress of +Leir i5tie"ccs h,4ye e6w4l -oiaesy -Its,,., Lr;& uve,i"Jifl of Civil k6ii ScrviccS ... [(all PIMIJIM me,Cnr)761,,i au,,s ZoO Ju34iec Do indi6t4f PersU,s L/l,o CGtM61 Gf6d lehal fePltscnt14 fiGn. " ? 41W M-0) Z. 4*& tai cf -r,.,d Cty-Pkr. Stales, if is tie Purlseo-I this Cludtrr, to Pruv,d? Livil h6,41 es-Sill/ mre t, Paw- and dis4dw., ti+Ge Pe,WoS r'),i fl is .3, ruAr PI Mh rr, AWrS L, is Pa,( Ise.-,, k1dia4 b /¢YrG A2 OrMC. {L,u. M417d PlWdi rr5 ,nnbk 6mvu,7f 54c,44m i4 I lied, disGdw itis e. yiur Pla,n4i rr has YW KnGUled6t Or under5land,n(7 Of trot 14,u and lna'3 4d fU 41AW l.nrrft,k CraiG ftz6 b64ttr9 di(Ji 4-lv,e leGal ProCf,YI,MGes Wl4ERErO12E, Plu,niir>r PruYs 11„5 hurt 4nll ?ranl A,s l?fifirn Notarial Seal bar ItY MC kol Ly? Sharon A. Sebek, Notary Public Franklin Twp, Greene County My Commission i:`xpires May 8, 2007 co e C C? Q? ' i- --? Ll? V N DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, ET AL, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this 17`" day of March, 2004, the petition of plaintiff to proceed in forma pauperis, IS GRANTED. The Prothonotary shall docket the claim without cost and the Sheriff shall serve the complaint. Plaintiffs petition for the appointment of counsel, IS DENIED. the C Y ?"at Edgar B. Bayley, J. Derrick McKinney, DT 7715, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15,370 ?? :sal n , S 9 03-18-0`{ ri 'f t4 i;F" lIDn SHERIFF'S RETURN - REGULAR CASE NO: 2004-01013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKINNEY DERRICK VS GIMBLE ROBERT ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIMBLE ROBERT the DEFENDANT , at 1036:00 HOURS, on the 22nd day of March 2004 at SCI CAMP HILL 2500 LISBURN ROAD CAMP HILL, PA 17011 by handing to IAN TAGGART, SUPERINTENDENT ASST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this dyl day of -hL&,.c.G " A.D. l rothonotary So Answers: R. Thomas Kline 00/00/0000 _ l By: V Deputy- herif SHERIFF'S RETURN - REGULAR CASE NO: 2004-01013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKINNEY DERRICK VS GIMBLE ROBERT ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STEIGERWALT BLAINE DEFENDANT , at at SCI CAMP HILL CAMP HILL, PA 17011 IAN TAGGART, SUPERB a true and attested the 1036:00 HOURS, on the 22nd day of March 2004 2500 LISBURN ROAD by handing to ,TTENDENT ASST, ADULT IN CHARGE copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this .2Y'- day of oLUU? A.D. Prothonotary ' So Answers: R. Thomas Kline 00/00/0000 J By: Depu Sheri f SHERIFF'S RETURN - REGULAR CASE NO: 2004-01013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKINNEY DERRICK VS GIMBLE ROBERT ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLINE CORRECTIONAL OFFICER the DEFENDANT , at 1036:00 HOURS, on the 22nd day of March 2004 at SCI CAMP HILL 2500 LISBURN ROAD CAMP HILL, PA 17011 by handing to IAN TAGGART, SUPERINTENDENT ASST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this aye day of ?o260?f A.D. ' cQ Prothonotary ry So Answers: Tj?yy + J PT ?: R. Thomas Kline 00/00/0000 i7 By: 4j Deputy, exr SHERIFF'S RETURN - REGULAR CASE NO: 2004-01013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKINNEY DERRICK VS GIMBLE ROBERT ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEHMAN CORRECTIONAL OFFICER the DEFENDANT , at 1036:00 HOURS, on the 22nd day of March 2004 at SCI CAMP HILL 2500 LISBURN ROAD CAMP HILL, PA 17011 by handing to IAN TAGGART, SUPERINTENDENT ASST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscribed to before me this d Y 7`` day of •2/r0 / A.D. rothonotary --, - - ,-,7?? ?? By: J Deputy Sheriff PIA, Zt4r - FF 16 AFX 71, (Ir C? ?fil????f?`S t`i'c ? d.?95'?.LT? L?l ?tE "f 'J??rf 2 FrE .- ` r .1sT_ i SiCS?SfS wu l J.ccC•? (?®,, // _ -tea . T? Zcc`S _ fuu (--s dF t / / -T •? vecs?.lc-FS 6F v1?s??c17 A.SIG C6 L4, 6tnuL c-F / / /^I GEC ?? -. ?!l?' ?ES€ _ (EAR l ?OG?s?lf,?1?s. 1-eo 3L 6F S-C:r? Z??+S_----- ?` 6F `fps _ C,Zs Ntn?-Z. - Se.tWeEt?[.SO ??t .ci.L.S.. Tssa. Tom- / ? ?? V CIA, rm_ C/ cz C1(- v-2??r8 s 06-ZCW r-max?,:a.t ? Tae2? + o; l?Z s er e F y Cam AA, o7 Oti1 [cT%r? T r?c??a1 -.4LL.LSe 1 _ V. L?; ?(l ? acs -5/T ix;z -r3xs A. (556 0 l?c3X ?? l?t/4e2}Lce?l?/.L?j? _.S/JcSYI? •??($ ?. s - ti? l- ? CI ct//'-lae-ZF.r? J- 1 -_ - ?l rcA- , __T -__2e`- 25?? • 2il3 CS =r7F ?5 9ece srf o -- -pl -F--_-11C #7 7=7 'j(S _ Prt?;? <?dn? ??? - ;Z 1.5 0 16 ?f?TEX. / 1` // c'D ti r rim ? 1l? rrr /N ----[-(L OT- ? ?s-??o, ?a [[-J?J!!JJ,?e,/ t?- / c®?c?e??ic??.cs? ?f?c?sreE c-.?te ?•s l?? --- 176,17-3 _l.<r i?? le / lotiC? csa,? ?s l $737(0- gogz co A) T H& ClUP7 OF (IMMW Pelts of T/*. 4 r 7GtDROL UMD--7 GF Cur??ERL A MmAY - '?E1z sS LVXxZ4 bt?U1 k mit(ovi 1 Atf4i Ff ' `I 1 IjF?b14U1-7 OF C49AT6 Mbar -L 0a & Pass, 6&z Y dzck z Ab, G4- lbt3 (Civil b!vision) e> ? e, c_ o -n l l -(i i r`-r. °Iffl ? ? D? r ) `? J l r > CSI 1, I1?k# Z ofru??rd fl,? LU?r?lcunt ?? issue, d, tl, s mc-, r for -TAPVk beroeLl "t/w9her, Z f -Tnpc..k ?c/rr?zl? Y, M +e. triFrv7 llwwl?dGe, fil&-+?t/fiph ctnd Sc?k , LSS CsnY 1?aw/edG? Gtie7 /??. 17141 T am 17G 107,6U. PCS;IjVI7 JO ?C? 47? SZfVILCS `10 T'7^;aC. &rii`dl I /;s OAAeU -l a P-7wk ?f ?CGk? ih -f6 ?z1,41m7j 6- /? fG,GSf/ 4466 relalth& .*? i)e IMSe41-k? 415AA'47v i, 44.f4,,I-A r5- 1, !: Mac4 219(1 28pnf aw-USISIM S2191S Pallufl -io- a8pnf locgs?(1 sol91S palcufl 2Ia o uosud;o iaouj0 splooaa;o optl pug 2=2112!s ;o .Sep suadned euuo; uc paaooid 01 anew io; uouop,( scgl pouSFS •3a g3 Siu(Iad;o Cil9uad iapun 219[30P I oZ ` of 'I'32-U03 pue Ong sI Suio8aio3 2ql 1e gaq pus uoUgutio;ul `a8pajmouK fTu ;o lsaq ag1 •acul lou oxg s!ia n¢ euuo3 uc pooooid of uoilou13o uoddns ul uotlvxa'32P put uououi Slit uI paugluoo slua[u21e1S s33uu19Id iggl uou9uno;ui 30 sn414s Mougug Mpluj¢Id o1 lueealai u0119uuo3u! 1290 •(avlooui;o saomos Suc `slunoooe opcslno Sulp19Sai angq not uon9IU1O3u? Cue apnlonl) 3129913 12glo Pug s2pgw2s ,?nollo3 OT s9q 33Ru?eld agy IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04-101.3 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendants Gimble, Steigerwalt, Kline and Lehman in the above captioned case. Respectfilly submitted, GERALD J.PAPPERT Attorney General By: 0J DEVON M. JACOB Deputy Attorney General ID #89182 SUSAN J. FORNEY Chief Deputy Attorney General Chief, Civil Litigation Section Office of Attorney General Civil Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Counsel for Defendants (717) 787-7369 Date: April 9, 2004 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK MCKINNEY, Plaintiff No. 04-1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants CERTIFICATE OF SERVICE I, Devon M. Jacob, Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on April 9, 2004, I caused to be served a true and correct copy of the foregoing document titled Entry of Appearance, by depositing same in the United States Mail, first-class postage prepaid to the following: Derrick McKinney, DT-7715 SCI Greene 175 Progress Drive Waynesburg, PA 15370 DEVON M. JACOB Deputy Attorney General ? ? CY C ? ? t ,+ T ^? ?J (il f' „? . ", r 7 N 3., r `'.l i :Y ,'? -? 4-? -_ 7=, O -? C? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff, No. 04-1013 V. ROBERT GIMBLE, et al., Defendants. NOTICE TO PLEAD TO: Derrick McKinney, DT-7715 SCI-Greene 175 Progress Drive Waynesburg, PA 15370 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. q D- - / DEVON M. A COB Deputy Attorney General IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff, No. 04-1013 V. ROBERT GIMBLE, et al., Defendants. ANSWER Defendants Gimble, Blaine, Steigerwalt, Kline, and Lehman hereby respond to the factual allegations contained in the complaint, in accordance with the numbering thereof, as follows: 1. JURISDICTION 1. This paragraph contains a statement describing the nature of this lawsuit and the Court's jurisdiction. Pursuant to Rule 1029 of the Pennsylvania Rules of Civil Procedure, no response is required. To the extent that this paragraph is deemed to contain factual statements, those statements are DENIED. II. PLAINTIFF 2. ADMITTED. 3. DENIED. By way of further answer, plaintiff failed to comply with DC-ADM 804. 2 III. DEFENDANTS 4. ADMITTED. 5. ADMITTED. 6. ADMITTED. IV. FACTS 7. DENIED as stated. By way of further answer, on March 30, 2002, a $2.00 credit was issued to plaintiff's account. In addition, on March 19, 2002, a $2.00 credit was issued to plaintiff's account. 8. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that on December 6, 2002, plaintiff's account was charged $4.00. It is DENIED that the plaintiff did not authorize this charge. 9. This paragraph attempts to state a legal conclusion. Pursuant to Rule 1029 of the Pennsylvania Rules of Civil Procedure, no response is required. To the extent that this paragraph is deemed to contain factual statements, those statements are DENIED. 10. DENIED. By way of further answer, plaintiff's bank book was forwarded to the Beneficial Savings Bank for a withdrawal in August of 2001. The bank never returned the book to the institution. 11. DENIED. By way of further answer, property forms signed by the plaintiff do not support his claim that he owned the specified items. 3 12. This paragraph attempts to state a legal conclusion. Pursuant to Rule 1029 of the Pennsylvania Rules of Civil Procedure, no response is required. To the extent that this paragraph is deemed to contain factual statements, those statements are DENIED. 13. DENIED that the defendants acted in an illegal/improper manner. The defendants are without knowledge or information as to the truth of the remaining matters asserted in this paragraph; therefore, they are DENIED. V. LEGAL CLAIMS 14. This paragraph attempts to state a legal conclusion. Pursuant to Rule 1029 of the Pennsylvania Rules of Civil Procedure, no response is required. To the extent that this paragraph is deemed to contain factual statements, those statements are DENIED. 15. This paragraph attempts to state a legal conclusion. Pursuant to Rule 1029 of the Pennsylvania Rules of Civil Procedure, no response is required. To the extent that this paragraph is deemed to contain factual statements, those statements are DENIED. VI. RELIEF 1. DENIED that the plaintiff is entitled to the requested relief. 2. DENIED that the plaintiff is entitled to the requested relief. 3. DENIED that the plaintiff is entitled to the requested relief. 4 4. DENIED that the plaintiff is entitled to the requested relief. 5. DENIED that the plaintiff is entitled to the requested relief. 6. DENIED that the plaintiff is entitled to the requested relief 7. This paragraph states a demand for a jury trial. Pursuant to Rule 1029 of the Pennsylvania Rules of Civil Procedure, no response is required. NEW MATTER 16. The preceding paragraphs of this answer are incorporated herein by reference. 17. The complaint may be barred in part by the applicable statute of limitations. 18. The complaint fails to state a claim upon which relief may be granted. 19. The defendants did not act intentionally or negligently to wrongfully deprive the plaintiff of his personal property. 20. The defendants are entitled to qualified immunity. 21. The defendants' actions or inactions complied with all applicable laws. 22. The complaint is barred by principles of Sovereign Immunity. See Section 2310 of Act 152, 1 Pa. C.S. § 2310; see also 42 Pa. C.S. § 8522(b). 23. The complaint is frivolous, unreasonable and groundless, warranting an award of attorney's fees and costs in favor of the answering defendants. 5 WHEREFORE, judgment should be entered in favor of the defendants together with costs and reasonable attorney's fees. By: Office of Attorney General Civil Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (717) 787-7369 Date: April 12, 2004 Respectfully submitted, GERALD J. PAPPERT At- ney General o DEVON M. JA OB Deputy Attorney General ID #89182 SUSAN J. FORNEY Chief Deputy Attorney General Chief, Civil Litigation Section Counsel for Defendants 6 8T:8I M ZT/VO 3WIi X6 98TL88ZZTZ:N0IiU3M a IN THE COURT OF COMMONPLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK MCKINNEY, Plaintiff, No. 04-101.3 V. ROBERT GIlY1BLE, et al., Defendants. VERIFICATION 1, Ian W. Taggart, Assistant to the Superintendent at SCI-Camp Hill, on behalf of the individual defendants who lack sufficient knowledge or information, declare under penalty of perjury that the facts contained in this Answer are true and correct and based upon my personal knowledge and my review of the applicable DOC records. 'Z'V IAN W. TAGGART Assistant to the Superintendent 7 ZO'd 9Z:iT b00Z ZT idy %T2i82ZTL:XF'3 iN39N3iNI?11in8 JIJS IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff, : No. 04-1013 V. ROBERT GIMBLE, et al., Defendants. CERTIFICATE OF SERVICE I, Devon M. Jacob, Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on April 12, 20049 I caused to be served a true and correct copy of the foregoing document entitled Answer, by depositing same in the United States Mail, first-class postage prepaid to the following: Derrick McKinney, DT-7715 SCI Greene 175 Progress Drive Waynesburg, PA 15370 ?P' 4_?_ DEVON M. J OB Deputy Attorney General 8 ?? ?- ?_ ? r -„ ]'. -i lli?Tl f -f^ ?-!l .J w _ i =? RJ .. i'r `" ' ? v -, L,C,ic.<lo ate lit.?X Cd t?(? ? ?a?N ? ? jv .L ?1 r,ti I V, r?o•) O-F `?u?e sc 4/7 --C7; ? N ^ 4 rn ?=- -- -nrT; A W - ! Ail- 4r, - ? 4r. FF ?S ?F6 (vLC l',?11e ? T-?.J ?S ? o rJ S E r? (F S aF A,A? Ta /0 0TrlcF LZ 0 1/ -FF (a C i .J SEQ ,? Q A-4i o A? ve: n / :I F.c•J 3 F/E'4js? Lo.?1?tic? 0n161 2-fo to S`ti VLM-R Y. Aso 'i au,e V&(',?4(-FIF M,kS /4?6 /C /Ooc,5<c c ote WUJCsyy??.J// 6F T?F T??1' C l i? r:•-c S ,??? Ctvi p ?7e,? ,tiC6 s s -dE = gyly sue IqA- l 7'eoL'? ??`?}? s . A-le ?ti..3n7b? Leo all, FF- e1 FF - E U\ ?? `?.J ? V l C 1'. OF Scesoze,? ? ? cco ??,?D {?C 7rte / 0 ?' G.tuS 7-6 ?? G'LOGLS ? S tc?tec G?tC !? S l?- ,J `tE s,? Q s , ?eai ?J g???(cG y Public / Comm* .cy ?mirt 10 Et xpires C May OUR 2007 S Tom. ??FF?? MY n !` S, 2 DOt 17 S ?d? mss ?e ??? A'rViG 01fl- M 3N1 jo l.V /UPS v?GCj`°?? Jo l't-MIH y ?.? l s 3 7 6 2 liv 1NE 6W2T of CLmmbvv PLO%. LUr?11?Ef?tA )D CouruTV btanrL?c 1?'1L1(In?ruEY, i Iu,n 1i ff vs. ?o¢et2l 61.MBLE, c141., i ?cfCnt?Gn1S ' fll T PLADVUFFS Awsucrz 'iD VE bEFEA)hAWTS AVSL1 &I? LdLEM MIEN MATTE17 1 3 uRls Lire rll?n/ I Pluirr}iffs CornPluiM sPcuks for iFsclf and M turthc! ,ewSwct- lS n4tdid 1L PLAlnITLFF 1- ADmffTEb 3_ l is Pwa&u& c4+tcr7Pl6 to siak ct !coal Conclusion. fuwantfo Rult 1029 of +lu &,15(fluahio Rulcs of CiVil F?M&durr, W &SPonSe.. is rz (auircd. To ft7c cytcnf fi61 A1,5 Palaku& iS dict-led to [tintaoied &chal -510ferncnts, Aov SiANents air b6,VjZD. hi bcFHyb q ty7s y. AD?rIrTTE? s Abrv1lTTen 6. AbmlvED IV Fnc TS Dl;IVIOb, jLhfiff 0 l.. 4ktAl Suffinrr7l MI&I'raa1 -7 fw /!„oc? J? Ihls Sk4jemfnl is true or Mi Cfn,) i1 is 4-Ae>i'Fe(! I olc-1) ADmvret) 11v AAm r1m) 66NIeO 1n, Piq(g 1f is AAm7.nco thus On he(Z Ael t: 71a , PIIWi7111! S W11Wn l "3 C1704,Wd -A 'I.UU. 1l Is mtvki) ILW,/ Plalnfi r GUl?vrltfa? fh, 5 6 1.17C 1, AENIED. A1,al fiis #41'46reA "&. IerllPi5 laSluk U lcGc.l CC.-,f/us,i ?. Dtlvir' n. f hG 1 f 1Clln ll l l f .J?In I( GNAS C/iblr YLICJU%!l!U ii{%i of fivi l UMed 0 &nAMI ?rulnGs Bunk fu 3H! irst(lu 46r, It bEnd&D. 7k brfei&A7lS do .lol Su;4 1 4k,, CIb4l dedafalr0,', L?ii4s flcw-ne Is of ex,17is,IS. and it i5 ftilrtfurc be'vieb. 11. WhimU flwl this Pall- 01- " Glier71fl5 lG S/Gic G IrGui C4rxluS,4-, 13. IY,-ujeb Zlc l?ti(fnelGnlS did &i 1 -4eAl ern illf(i41 4nd i»"Ptbp- Inum?? K L66A CL AZ 7.5 11-1. wire-D 71o Ais Paru17(tA G11rrnP5 fa S,vulc a h6,a/ CG?Clu3,?, 16. DE)u1ED. Aeo this R re,6a,07 "' Glkr7/15' f(. . f4k 4 i(Cwl ?fi 9(IuSIGrI la Paw r I AbMUtb. 71,a4 P1GInt,i+ iS u-rlillcd Io fire ?cl,+, rr51?eP (el ier z OftUTIet) 7P,G9 &a1ilr f5 rnl,lied k, A. (evur);rfd felid 3 Abm1r1-6b n4i PlwWiff is colillyd' to fhe 0&ueS1,d feltef 4, l M177ch Thal P1&,r?iJr is Cnlillrcl to At ?felu[Srd fll,rr S ADMIn'ti) Thtii Ai i'/N?ri<iFr is entitled fa Me reOde5k d rel%F 6. Abmzrrco. 7h! Az Plluiwrr;s eAlylltd i? Ae rtaankd I-e4W /?Drt1TIEn ski t'l?,htdfr i r.,t,f/ea t re6>ucsf,,d rr;kl l3ESP6/yst 1-0 ME DC-F&IMift s M5w 1 ItfI e12 ct-Ati?s iG. "Ais Yerru61aPh a&P705 k:, _ r,. rz/clsal malwleo. Punuanl to 241.e loL4 a Az Pcn45 yl?inrcr rules c, r l_°; vi I fmceC[.[1.lsz , m rc's Po4j': 13 rcautred. "To, tlu exknt tfut tl,rs IgerCiFi,7?//h ; rt'ttmed' !er tOrAf[.d. Fackw l s fa.lrs-u :. t :, rhose skf ki-w4 is eve MvrE6 i7. lhis Parct6mPh crttc„?r'•' tee St4tG li lc6w1 Conelusir;-,. {°;.nURhi K '?2,cle /De'4 ,cP t-hc Ieh, -'th4rnrt4 1Zulrs of civil Praaluz, ru raAonsc i5 reautred. 1-0, #le exirnf Flud toil IIJU 04 cs r!. eel fo &.jk4in ruelaru.l Ski fix., A N y.: s-fu-k.yicnk arc DENIED 1n the zwnf the uPPlieMle s te,hdk of IfMJkko.,s Uffli& A4 --o4&Ic Is gcofihuu6 under fhe dismtcrY rUIe. scG facrOru? Intl k?uccux?Y. In[ ?. PaLwno P: duet a74., r-tL6 A.zd IY` 9, r171 0q83) l8 DEN.[Eb. Mul the eA-nP&ikI fi,,,A to s 1t.tr c. 614ov, a4z", a ?4je. , rsliz'f? mu Y 6t GZ,fat Ais Pwa,-t. Pb a w PK IV S futr a ldw a,,ZIusea_ $ufxttun i t? if u/c tole' OF Ae &nsly/ocrnii, i4 ,(cs -,f civil ArweAdt, nu !'ts'4or6e is retluirrel. 10 tfrc eX few F f6f f4is" Pe 4 eb r&A rs deemed Ac, COAAf n P&Lfu4l .tFatemCtits: those 51u1tm-,43 aIr bCA1!C-& 3 1f? i '1S ?atG?t? Pti u Fk++?PfS .? Sffik a lc.Ci?/ Conclusia-,. i?.?rsulin! Ire R?I? tuzy 6F +lc ?Crins7'Ive+n;a Quks aF e+Y,Y Pr6?dcc>r, vlv tGS?insc s3 rCQuitccl_ TU fit ex-k+1 At4t A6 PulataruPh is dvo- d fa eankwn Lucfc,al Skik-JIMtS, f-Aosc_ Sie4k7-76715 t<./c 66WIrb, ZI. Ai s Pur,:(-,r4Ph 6 ia"P?s .10 S* & G IeGG I CIAZIUS lan Pucs +u+,j Rult iozq o t +i1e PcA-AY I Lnnia Qulrs of G+Y+`l ?mcez&re, fit) rn laeue is ttaui rub. %o 4-he Gx6nf Oxf Ats 1'ii a6ru P6 13 deemed ly) L'[Jnltei?d Fe,e f6eG.l S'('Lt fL/ti'!l5 , f-lvse sf?/r?furfs Cttc AcR/1ED. 1z '7 a lr46ruPh t44ttr"Pk *?' -5-t&k 4 lcuti/ COnL/u5io?. Pursuant fci Atlc lo24 a? -At PansYldlinl4 RuL-s of C+Y;"f PW-"rc, fV /r5 SS rcau+Y?d. la flc extc4 Oval M' Pc?tuGtaPh rs alee,174! .N? Gi/tfGin PC,(/j Ccl SfftkMGafSj ?Yl,SG Slcc?C'r?Cnls celc IIEA/U L3- INIS ?LarLi?lfLl?N CL?ICNTl75 fG .S-ILi'?' 4 Ic?7Ge1 CGyIGI[[sIG'I. 7f?ic/SZ/4n/ /G Kul' ILO of -Ae PcnasYl?&oPr Rulc aF C;'ril Plz lurc /!6 I SP6?5e +s rtouitul To Ae eAfcnl hlr4t t- is PwY.f!mlh is ela?ed to Conki+h fueluk l Sfa.fervlen ts. those .s+akrvre rfs ?sL 1l ?ulr ?. LoAeIZEFOOE, Il,;.s C"AH 5(., Id d&m cs Oc dc"nfs ticu r 4*f 6nrnf &4i4s fo6eAtr- LjilA a.6H E2nd raew4aiL? a4-krt?-'V Wey-fFmIlY .9.45,,,Mcd Ub md.. Muy r3 zoll Ocrrizk rtl' KinntY , Irv SG 14 VEPUF (Ari:av .I, 66rrizlc rlI K ihneY, dulcarc mdcr Pmu4Y ar Pcl urY At t lac P4cts Ctx 6iicd in --tips 4nsuzr tirc &ut ui d cirrtcl , uldn rrY fncsemt ?CNl?w?cdGc, Ih fir. -facer unr/ .lx,lrc..F. Z.r a4nr la ib Pa.Cs.il, s?YyaN l')crrr'c /[ r'Vt c /Crhnc Y, ro ,? CeR7IF£G4TE 6F 5E2ur,G -I, bcrricl( M?I[inn?y, hei"s Ccr1-rFY fA4f Z c6fuscd /O Ac scuvcd d frUe and &rPCGf COPY vP Ae toicGoinb un Ae Pcrson lind ?n fl t jn,nncr MAc& ltd rvclcra : Ftrs+ Clcss V??4PI b-vo'l m, 2a4a , Ems. 6fftee of A+kmcY 6elw,,41 all WiLx 1017 Sa.fi&l 151"' Floor. Sfrc?u6 -r Y ,Sbuwc- NGrnsSlirb, Pc.. 171ZO Au lrral ; m? 4 3 Z&jq Ac.rric% Mc /<,nnt ?l T -771 S Notarial Seal S(Y " 6 room Sharon A. Sebek, Notary Public /7.5 /?rr,6re.tis tbrlVc Franklin Up. Greene County M Commission Up, Greene free Ma 8, 2007 Wl? Vln6SSL-r6 114 /S370 5 VS I //f Ali („ 6 "t V L a fr ? !1 ?i J- C T / "lG?,- JN r Notarial Seal .? Sharon A. Sebek, Notary Public Franklin Twp., Greene Coun My Commission Expires May 8007 ?) J ?? DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, ET AL, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of May, 2004, on the motion of plaintiff for an enlargement of time, IT IS ORDERED that plaintiff is given a total of sixty (60) days from the date of service of defendants' pleadings to file any By the Cou Edgar ?Derrick McKinney, DT 7715, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370 ,,devon M. Jacob, Esquire Department of Corrections 55 Utley Drive Camp Hill, PA 17011 For Defendants 1 05-19 -0 :sal iN THE COURT OF COMMON PLEAS FOP. CUMBERLAND COUNTY, PE KNSYLVANIA DERRICK KKINNEY, CIVIL TER(vv Plaintiff vs` NO. 04-1013 ROSF-RT GIMbLE; et. al, be-- cnJant-. MOTION FOR RECONSIDERATION OF PLAINTIFFS PETITION F'OR THE APPOINT MI_N7 OF GOUNSE L Der, 'sck Mc-Kinney, by ctnd -U-icou5k ?-k hp-rein pro se-: n^oticn, aver -Lo -6kc -+oliowin'3 cnd any -Palse 5?atennent ke.rein ark subs c-cf. to tl?e, penalty (3- Perjury e That", T- arr 4,zhe; Plain--*lff in 6-de. 0-Love cckptiored mccftcr cL- box. That as tG,e Plairti?f anJ bein5 orofkble to cxfford tk'c' costs of f i I inj fees cj-n8 lc3o.l repo esPJr a ior; by can cLfto- rne-V,'-ElnrLt t1ge ow,?Z rec{5ons are, why t6,i5 Honor- able Lourt ;Gould ??Recons'tdpr `? ?lo? Pla`in6iffs rnotion -For appoin-6im,en-L o-CCounsel and are as buck I. The i55uc-5 involved in this ma? cr are, of 5rea- cornpiexi ies and the, labyrin-b,, of tVie icm Concernir6 t?,.e1ss?;esllCzt bar 're, -Pa.r too gr< n'd {'or this Pro Se, pe-C- fione- -Po -6r-:xver5c vAkout bein(j (.-? borden upon tb1i5 Court, or w M l l the. ?e of <<?re,r abzn Aely be, able,, to put -Cor :h his plcadi`n55 expcd?t(-oos/Y in order -ta comply wit( it Court procedure. a.j Tke Plctintl?f does not dec5ire-, or wa.Ht to Place, such unl a.turcd and uncof-nmcm burdens upon "ZLko Court. 3. Tln? R int l ? , has been be-, M? kCU--, %d i4 l many aa, 11 va, and now is/ Urtt5 S(nCe. February 1,-?a5 be-el (?reSently Co4ined on -(h 5pee(CJ l'?aga3rnent Ur i lnd rein?;???r S.M.U.), since, Apr i l ot?tl?? l`i9?? aAd (fS s6ll kou)3Scd ?, nde r Said 5arn,-.(5,M.U,)?on itions. A; sa pointedly 5.6cLied by the, Honor-rxble J-083C--? 3c ley on January af?aoc}a, in lieu o? Opinion to L-Gaj appella6e tour-, a. Cou-nnoormeckk v. M Kinney; C r r `? ., t?rtit Z n? zed ir^,irkcc.l TErv>^ 0?- i`dt`I , , -6hc t k 4 e, e< in the C S>M, C?,) 15 no Cup c# tea. -Por avi inmca,&e 6L_ viol l as Corr6ctioos o4icer 5." ?fnesc <?Or rditioo?s cA _ knovin -Eo be, of an utf,crly strenuous deyce,. 1. -C-Ie, Pfainti kas very limilzed knovgled5e.• in tkee laws Xk t govern C'ivii ac?ons an d tors Claial lc.we- 41 5, PetitiGhers `?(?u(??a`in?''1?'laii; bot4i, Le jal and PrivaL has/ice being 'tntercepte,3 by Prt5cn s-6,aff' Pe-6i6iont'v- Oil Mad k a5th, aooq, served Mr. Curf,i?-, R. Lorjq; wi6z 0r, t6wep-(? 'true Coj'oie,s of a, Moticn -F'Dr Reconstdtrat1' Mr. i"onk PrAkonAary for -Che, above. CaPtioncd Court. The Petitiorcr neve-r re.ceive,d acknvv??led?men-t of rice f,ior, av-,d ?rorn Mr. L.or,,3. Tvmusl f ct i t of er` Can Orel de'duc.e foul pia/ upon ei-t'-ku- tke, bepartvv?ellt ?f Cor ,,?e .tior„ and its Staff trtembers at bo-,-k SC-L- Camp bill and j5CI-Gre-tn6; or l?eJ Cou ?Ls. (Sr To rWav- number O? beP6 pc,(Pe,r;, O ftc.p,r Taylor; `i Wtl(ir? ? V1'ici,i l inc ( rctr ?L 7. Sinn' in a r1l cats This peti?;ican is bei??tJ -???sl?ic?ne,c?? Coded Ce?nc? Gtt -6-Le expen3e,3 and ald, o? Mr. L.TakylorSr. 3X 55 1. because of Pe.t 6('ontrs' Contit?luec??ears tme.ntC.l will-?u`l s50,bota3e, .0f VkS -Piltn of leja.l :o tke, Cour65) by ?G1e hands of Correct(On and Coru'ec.6(cm adrntniS--v,a,tive, ?3f,,fjt, F. Mr. vtot, an (a c)rney, ParaleSc.1, or le?c, l ccid6, but is Ctic?e ?ei?f?odz??r r(l L?te -Pa;skionin?) copy Inj Ou'A of h'e tt???u?Ers (ejal work. ?laa? is nco ,- 9 Petitioher? Ina bran ?d Kr.7Lylor pe-rWt?issiorn-ta ke., f'ov e5o`iv5 rnotcovl in Stead of Pet it,(Oner le.r -to ex pedi-66 Said mo-t?oii, Any retcdli Ory rt,5 -&a,ken CcCJGi4`?5 1v.Tc,.yIOJ i??. (/1(5 b ii1? ISSi?ed a. i''?1lSCUr?duct I"e?Or'??{;r?xnsiei??-c;d? P?,ystC41?Y CibU??? and , Psycho lo?icaNy he ra5scJ) zkoA be decme-J by ?lnis Honorable- Court as a direct tkreo±, on t(rte Pet ttoc,er's legal and Consfr6utc`okial rij(,6s -6o access f.U?. Courfs for re () and al l such persons :shou Id be ma& accG- untabiq -Por tkeir actions fo (?? Fvll?st ext?v??s of ?. j?AEtacked is a, copy of tke. "Or'iSin(-J"nno6on -Forwardr d (3V) MCLrC-k as!6hl ac)c>4/ by pe-6i6:oneir- as evidence, ?o -Ekc ? e'Je,d -&amper`in- of t, is ,?OvtSoia, r fega.l un?t l and f©v- ?es???ony fo -??? I??.ir?:ir? ire-?o-??©h as Pettt'io??rs need -Fov as?isf.av?ce, of courtse?lg WHEREFORE,, Petitioner reepelc-6fully t-ercuests that this HopnC)rab[P? COOr-6 -Pind for f,ke-. Petitioner and GRANT h'ts mo-? 6-n and appoint Counse(. K'esPec fully 3obvyiitted. Jo- lin L.-Tay?or Sr, in TV)z Stead o bev-rick MC kwioe,y #bT=7Zis Pro se Llfi jan& MEMRANbUM OFLAW n ?Su?Port of 6ic Piain64f ' ioi -For ?he Recon- siduo? ion of Plai?ntif unof,icn for appoin'-rre.nt of ccuns? ? Raini iff avers ct? much n HouSc', a.II No aaa, sessmmcf ac?a, aka Pc?,C.S. A. ?t - 03; the Ge- l?r? I AJs rpLbIy d?eid I^a? `' ?t l of parow/l unt iimpc/'rtarrc6 to tlr[e Cif [Lens of -6his Common- wealf;? al( individuals iw(-,o sce k (awfu/ redress of fhCir ? [-'tevoriceS hav6 e-,( ual ckccE2sS o e Cv?ci?rab ir?? 0- c'ivr"l? lE jal sp rvicEs -For provid in trinu),n'inSCol` access of justI c ?e. to i??dt5 f pcr-50;r.C5) w?c cav no-?- a-Pfnrd I?c?al it ' ?rE sr c? ??tttorr;? `f i0a (1)(a?) , Acccrd ? ?(-) 'r,010 Moss E ``aq l4 aid dill eC, i'c° ai?c?? uy - 7 ylc; ? ?? I ?? t? i 01? iJ rio' C r tal' /avv ?-O ?UPP(O `t Weld 66Q?Oz?o y (caw cis' ? ?l^ov?d ?(so f ye-6, Zn lr?hf off' suclr"l ?Gcour, de-'`'rY}i' nr/ w4n&-i t' ???r? ?^Ct?(JS ?. (?T ??e ?l?I?Ci?IUG^ lrv Such - . .af the Pi?i,? tl?? ?s ivr?11 c?? fU?? cojr will a l-s-s) V?(.?Ec? (Jl L4JVY (+,???/?' ?Yr ! r ha; 3 t 01 1?nc?wiedj? r>r ur,, r?of Tore (aw and (??xs -&a have- ' inmate, ? sisfav????? -Prot; ?rn-i? M©3?1),'D--<Jg1y ai<cl i ilinj,dub-6aR(airafi?fs ''Out c?inWO-i'( bsin i i?ero {?t? d;?r?rn? wed wi ?h; or desk ?, oye d. C re?ic? M?ss,?E- ?'I ?`i, w I be transfe rrec? out of not weeks. Ancl Pain ifs wall i??c ?Un???r (jQVe, Mr. MCss`s (3L'??sistariCe, aVaila le to t, i*1m. C ? V. Kaut??k* 3C,;? F3d WQ(C,A. b ?lnwci) Ocia), WA-ion ?!? of Pennsylvania's Co?iscl ? dr,-bed 3tc? ' u-6r-.5 A notated, eta-&e3 in part, `it i?S 6-t6 pi)rpose o-F tlz`?s C apte-r to provldn., Civi 1 1???.?1 C155istcxncr- -?-o heV'e? are. also CL, nuTrker of l?Jc? i v,?pl?xi ?, es in tie a ve Said miclter due-Ln -Eke, numLex of be"fer.cL- ann s ?d because, of inccrJe?uacy of-6he Mini l_aw LiLrai, here, cz-i wia InckrAt ips to cor,(?e. in his fo -'ccskion c rtJ puf -rau-tll l is ple,CA.din3s. jrg? Eqedov1 \/, c re 33q F5dqjz3 i h , CuL)rt skou id apP?i 16 ccurla'd -F©?? t??e ?lc?in ,if s CCcl 5c, ue, -?O -blc re&fdic? 1C?1?1 -llcti 366W5 o"l! pr(Iov- asts -6o wli cG Plaitrt?if-r Ivaco r Party here 6, MIC&kirlillLy v CAv,d -CO o??wealE?: ??MS C'C inr,e,V; Nc, 00- i Fol C? il4;i-,Cl l divr - 13 iQn?f (a -)<3 Ctin , (nis of dPpec?(, G;lbert a Fe ( ?, +?? a53 F.?upp.3a?(li9`t) F?v p,25`{CE,D,Pa,I -a); Hf C!5 '?, L (19 -1 Tkc destruction of Na'tn6ffs ptrWriOd arwd le56-1 prop- erty 48 the, - act,ua.l Cotirnpfex i t i is Cf tlII 15 Clnia-ttty-; ere-atc an kn( 'tlity of tl c 'Wiso'Ntrn Plai if"k4-Lo inve-2t Pl6,cL, Ck d a c?UW6-, -te'5611"IMy in hits be,ho lf, Lavista. V. 13?? r! 95 F',3d c9,3q (C. A,?(Ky? Ille-0;.0ol-inson, V, WilUarr^s? -7g3 ore,cvij.,r, Plaineif s sk`d (s, lnii3 ?-Iced -Pir a Certa`iq disC_,CVera 1. i?rrater'?als, CLOIJInc, rrai l b' in3 Cc n4 iSCaf,?,d; ?a?r??ered i??it??? G?n?cl?stroyec??c?l care re, sons this court should 9iV? (save (Ind cgral-Iz` flap. . ?lcur?ti ? (aaS°lSt??lc? of Cour(5 1, T.bron V. GraCj.-r6F3d ?r v, KE N (e.cr --- t ad C,v, i' ?a); Ab ui laf? C? (9-IL 1 ?,Otcl IOJa,lU3? Cc,A.?C?v??> 111)/' (n6530? V. Coll F5ulop. q&7 F:arJ Co4hLr 70o; to ` Will a- nCan'i V Yya n; 73 i F ad lloU; !!?3 (19d4?a ?1H?2?FoRE, Plai???if?s pe6Eicn -'cr Cconst, shcuicl bt, Rec nsid????d av??l t?? aP?oir?t???ent©f?Coui?so( ?r??Ult??l. ??5 P.CtfUlly SU??^,?Itt?d? i C .Ja .??? LTG y(o? Derrick M?Ki«i??Y Fro ?? ? ????t VERIFIED STATEMENT T-, !`1oticn i unde,r?s? m ache, Torn L,Tuylor,Sr,? coo hereLy 'verify r1c?t ti?efoo-ec?oin ,rue. ar rd ccrrect to -&hc best of my knoWle,6& and %ndt _3,arc? t41c?t any -?alse --staterren6 keirejr) (lr? Eject tQ tb e penC l)EieS of ?)erjUr,,/, T`ckn L.Taylor,5r; in. Tke, ?3'-eC.d of, be,rrick. M"Kinnty 'bT 715 Pro 5n L165an& ?c N?1 S? /V o(, pil/ V. l_- - -Fee OCOAJ co6 AA 6/; AIQ ?J / ILI' 5- 1. l?u? Cn1 5 ``(Y(? cs?T c3? [Z /tom OF lti?C(?? FCCS.JS/?€Lf->.trd.? l` liTrdnt 4,--C??'l C? CQGItiS?( (-?d LA. S IF 0 ?( it7a. z?zz. t SESSa J aF Z-? i S ?.r, /??,tica?s?:T r ;•?? c RT.?..1 c E - f a 7?c€ ?'r -f ,`z ?.?7s Z3 C= `?t?`S -7-e •• •.r /`?C?rnl?Q F(.L?6lCCrSS G?? -?-+lc,?.S?C?cE Td ?.?tC7Etif o ??rrcSG.? ?'„J<-.??'LO .L lJ J (? G•/l.?t.Ce l J?/(l???c?-max IEL.t. l ?`?k?ESc..!?C'.?Tia: ? ? Y`?GZ ?? ?c? An??? ? /LlCS LoISE - Ci'i.cc3(J 5c.(?U?SF''e2E`?C.cNI l S G+'C? /[/ /? ?ar..l,E?E- /.'?Ut9cLloK ?C/sJo/J l? />.aF Cev[2c?EK ??. /tTilTr?i?E ClF To t? ` /itc?1 GL.cs?C 4'c 5 Gi -Ca 62/c us 7 c.c ? r1? /?oss q?? E%gwY fa I . L?C_A; P /65.S L??YGy &3,7(( 0 CC4 ?,,,(S Ct C-/ice U.i:,F/ / tsod /j /-S /i/is A,4 LJ?( CK ?'C-/?? c?NCJ WiLI 4 Q 3. ?9oSCA.) /of SAi.Q C! F -6c ?eG+trc <<.?? Z_r7?f?V(6'\? C??'f l /E?{/Ll ?`l e S ?/V?v CI ( COA-k 4 SG _4 `face oF /??,?e r C- ef= cE: ?a/,t / :7LL_S4c_ (5O-F ?.JJ:uX??u..?`c) O J l.?cJ f J /"lc?iw??E' ?? rcl!(I?CQN ?`? ?(?.rN lC???S GASES ?'??f?lkR1 V(Kr`E /lam, ?2-l?2Cl 3tchC v, Q?-LV-20$ 9ed T. C?? ? 121<?2D A-A.1a c3E3 V G3,wFZ SS S?g? .3a9 ??. e,?j /99? ?K `tiv; s / V ire r/ f ??/L asp( C? G ?f Ivq ct,,-s oT' OF C.tUUse 3A, (t ?/ U - c 1// ?Or (E x: ?/ ?O VFS`?`i/C.rE f O /J ??i ? T r .?? Tc s° Ti .NCO ?/ ?CS /?W SQL (.?'/'mil .• ° (/ < ?.•-C S ?,e` z7, «Za '? •?yQcsc?.1? C'?iC,`.c,cS `{?E / ?'o/.•?C-?( ??`sc."-L?/(/ e/? CJ IJ (c .L ( r SSrLc?! Pyre yZ (?K/ / ? U <>J/j 4et - 1e, 4/? AL O' (-4 9?2 T- V"4JRF^ ?S' elks -4 tuv?7 ??(/S? ?/??/ ?©J lC('°? /?M1L? 7?E'2eS C:.?/?, ? (?ECd? .. jj?!?` e! ??cLSa?c1 v Cd c?fl K h1 ?a t? ?? Z 7 3 / ?? CT / k Sal Fzl;j!? 76!tF' ?c'cet? XctiF< cF- 1Ac.J c?'{CEcX ?16;e3 T S/J o Ilu -C1 410 V lyk/ 6 T:7 I;COOF OF SEtevrcE ? tee ?" ??lCr ?,,us/ ?'?`'z =7ryls l?l.?,J°f: ?-) !'mac lve?s / (?e {= (aAgl ?'a,JSr 1??,-/{?aaaT?? `>?f= ?/you/??'CdccsE/• ?,2??/? ??rs ?` ?i/?? (`/161 l.?eietxl r ? r,a3 .L. (?.L 1 E?1VE la?v? .el..f`}? n: Ul;i.•„I? `CGC.LT )7r??,? l F,?u6 l ?? ? ? U lic. r r`.5 ?.t: f?alc (ZE"k-- Gteiz- ?a? IEEE 8?? W,-(e-_ ?E x4 ) 6C.L.F-- ?,? (f E s yLSa+vEiv l E.? cF Ltd??K /0 cee V Ece -S r, ?.l . A-S -? ? /occ T? ? ) autz Ve- IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04-1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of defendants Gimble, Steigerwalt, Kline and Lehman in the above captioned case. DEVON M. JA OB Deputy Attorney General ENTRY OF APPEARANCE Please enter my appearance on behalf of defendants Gimble, Steigerwalt, Kline and Lehman in the above captioned case. AMANDA L. SMITH Deputy Attorney General Respectfully submitted, GERALD J.PAPPERT Attorney General By: AMANDA L. SMITH Deputy Attorney General ID #86316 SUSAN J. FORNEY Chief Deputy Attorney General Chief, Civil Litigation Section Office of Attorney General Civil Litigation Section 15'' Floor, Strawberry Square Harrisburg, PA 17120 (717) 787-1194 Counsel for Commonwealth Defendants Date: June 23, 2004 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04-1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants CERTIFICATE OF SERVICE I, Amanda L. Smith, Deputy Attorney General fbr the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on June 23, 2004, I caused to be served a true and correct copy of the foregoing document titled Withdrawal/Entry of Appearance by depositing same in the United States Mail, first-class postage prepaid to the following: Derrick McKinney, DT-7715 SCI Greene 175 Progress Drive Waynesburg, PA 15370 MANL?A L. SMITH Deputy Attorney General r -n v; N j \ CJ'7 -V I' S Q ? ? ,bite, Alt fl- s& 0 ?ou??? A3 c x c -r, o S vs. /064/ i ^)A)c I/n/S'?// f /il nl ( ?1? !/? f'JeF r J . FF / S /J 0 - ?G,Jd7 V ?tO?,cS t ? ?"'? AAJlt F Sf? ?` fry F c-F, cJ/J ,? S c 'til M?J .j.< p c c E ,.J ??1 T ?? ?c_?sQx?PE Ss` Q u b W•t//,?? , /, = > c. z -6,t-(F-s 1S3 70 d 7{?r O-t ?T-77/S S.c cti?l( Lox :zQr) WX iTa?/- v?.vo r, ? - ? ? ? ? -„ r.. ? ,.?. -- .. ?? _ ?? -__ S__` --;i > _ 'r C? r _ ?_.. _ a _?rn __? -- }7 -, ?? .ti _W 78E CWfil bF CLYnrrvb ?LF&•- [rt/{7'&-Pei9/vb fC+uvT Y ?cantete meKzrvn,?'Y, 1 ?lu?htt?'F t 1 1 VS. 1 1 7LYSERI r7SrvR1E , ctuG ? I 1 De?cr.(kn is i pit VRFF5 12,couEST FG+2 ILBW1el2Y dla by- /Q 1 3 L "t'he. 5a- C4-17P gill 5 M. U. Hanel vvle r1om lvkw - &03 Z. 17iL ?.U.C. 17& 4djl ? fG4 IR&hc S and f7tinuul 17. Cui>cs eif unY e4f7d 4It -LnMf4k 6rieva'iel5 esrnd I(CQUZ,5#'SI1As tr ed 3Y ?ttsGt?crS (lc.ii+iinb At 4W4 or GLS%fb4Geyo?7 41' iAOnZ?f Pe!s,-)nli/ Roplri•b .S Y P-Ls n oFF'u"i Ls. `A t_.UGs o all rievunees. w9*46 6 eu d C[et ?'SiOnS lam! a/I S,-1evu?'7ee3 AYad by Pkin- T ? 1fvr,7 JronuurYaF 1444 µIxte,L, IYFwrch vP?3 lk<l; '? ' ZIoV N to dal 5 a1 Sharon A. Sebek, Notary Mae FranMin Twp. Greene Cou My Coinn ission ?`xpires may 8, 007 %?errlcle r?a?lel/7ne Y, RV ? (e) On appeal: (f) In any post-conviction proceeding: (g) On appeal from any adverse ruling in a post-conviction proceeding: 17. Were you sentenced on more than one count of any indictment, or more than one indictment, in the same court and at the same time: Yes ( ) No ( ) 18. Do yoi: have any future sentence to serve after you complete the sentence imposed by the judgment under attack? Yes ( ) No ( ) (a) If so, give name and location of court which imposed sentence to be served in the future: (b) And give date and length of sentence to be served in the future: (c) Have you filed, or do you contemplate filing, any petition attacking the judgment which imposed the sentence to be served in the future? Yes { ) No ( ) i: Wherefore, petition prays .':.at the court grant petit relief to which he may be entitle; in this proceeding. Executed at: (City, County, State) declare under penalty of perjury that the foregoing is true and correct. Executed on: (Date) (S.i.gnat,"e of Petitioner), (NOTE: No Notary Certification Reret'" j;" Gi \? lc 6F- ??Ur GAS Giv,`( ?c?l ion /fj d# ©c(- 6/0 r3 ?.? Wit., eoc «e?f' OF co.-C.e o.J daze { c--.?.JS/ (v.?.?1 <ti WocA-l? t: ?? ?? / wow ?c?o? l ?"LO?r anD '? : l ?a T 40 NWP6U .p s ???'-? his' ?sS• LT6K ?3e«? ? ? e. tJ c::? CJ a+t f i ,k i c}k f.i 4 .IrU THE CLUIZT OF ai"Mtw RDIS -I CUmr&kLAVI) cabvTY i DCRIIILK m?KtNrur:Y. , f fun r; fF r 1 VS. { { ?od?nr 61*7C& . cfLi! ' ?ctLrKlfln?S ? 1 /W, nG( - i0 r z FiADUTIFF5 IrvrE12,6a70,ZLEs Foli l]CF5&f)Pnto Bi, Zcic SiirmchwALr I. Aho, Gn rhmak Ls Sccn Pl&d r Az, Skci,<l Mun&o&r "l U11-1 1 LSAlc/'} G,ut m?mforia! k6 Pewmf Qru?Lriy, t5 4d44 I)lmAr Am 41ki-eLl to rG 1k7WAkfY krs ?rO fY SGVLrGf PP'VfAs luftf 7 Hof i oFbro &rL S. frLi. &rrn,f[s 4/lGi?LLEt .k,? GXLfrunoc flztl ?u5GrruI ProPLrf V in -clr Ccl/ tvifl, ALl,, /?irsnra/ Q2QcrfY in Sior46,, ? Ldhl f iicm5 a« olm&ks, W,iyj a.rc aj,747Ld in Ac AMU, cJlarr?cl iu c,>< a,76e Tom =Gcir fcfsonG,l A-oferO wlfti 444 rn ccl/ G,oY?rtY y y whrrc is o 5. M. a Inrnt,, ks ?Mkr f y s krcd ac ? 5 S A8 5br46G r.?iA ih a S./xu .Irn %,kS r- e,- S,Gtit ? G 4.461 /cLSUnu / 9424-1 Y r,?zs Qz a.71stk /rcl ri?G Li bell anal Fllirrcl rn u 5 /s/Ll rYtrot {cs l u/rte/ tr , is tlr S.MW -Z.71x /r &Ae? ? IL 4iS 17r(i/Lr/Y G.iith f?c C,U ?o tdrtn?ss t1w?c itlris P16cece in h,s Pro PLrtY? ;? 0 ?y (1 4 J -Tt d, :'?= ....: '.. .. ? ? t_- .1.( ' ?' ' ?+ ... -fi l'.'. • ' )4. ? 'S C .h ?[ . f? l:" l ?. e'l'l ._ -'j r`. lam ' IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04- 1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS Defendants, through their counsel and pursuant to Pennsylvania Rule of Civil Procedure 1034 and Cumberland County Rule of Procedure 1034(a), hereby move the Court for judgment in their favor based upon the pleadings. In support of their motion, defendants state as follows: Pro se plaintiff Derrick McKinney is an inmate currently incarcerated at the State Correctional Institution at Camp Hill (SCI Camp Hill). The defendants are Commonwealth employees at SCI Camp Hill: Business Manager Robert Gimble, Unit Manager Blaine Steigerwalt, Correctional Officer Eric Kline, and Correctional Officer Daniel Lehman. Plaintiff filed this civil action on April 6, 2004. 4. In the complaint, plaintiff alleges that defendants willfully and negligently destroyed, stole, and confiscated his property while plaintiff was housed at SCI Camp Hill and defendants violated his rights pursuant to Article I, Section 261 of the Pennsylvania Constitution. (Compl. at ¶¶ 14-15.) 5. Specifically, plaintiff claims that defendant Gimble deducted $2.00 from plaintiff's inmate account on March 14, 2002, deducted $2.00 from plaintiff's inmate account on December 2, 2002, and deducted $4.00 from plaintiff's inmate account on December 6, 2002. (Id. at ¶¶ 7-8.) 6. Plaintiff alleges that defendant Gimble deducted these amounts without plaintiffs approval (Id. at ¶¶ 7-9.) In addition, plaintiff alleges that defendant Gimble intentionally lost plaintiff s bank book to Beneficial Savings Bank. (Id. at ¶ 10.) 8. Finally, plaintiff claims that defendants Kline and Leman, while under the supervision of defendant Steigerwalt, intentionally stole or destroyed one-hundred postage-paid envelopes, eleven additional envelopes, five religious books, twenty personal pictures, and legal documents owned by plaintiff. (Id. at 1111 - 12.) 9. Defendants filed their answer on April 12, 2004. 10. Defendants respectfully move for judgment in their favor because plaintiff fails to state claims upon which relief may be granted against defendants because (1) defendants are entitled to sovereign immunity against plaintiffs claims and (2) relief pursuant to 42 U.S.C. § 1983 is not available for alleged violations of the Pennsylvania Constitution. 'Article I, Section 26 of the Pennsylvania Constitution provides: Neither the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right. 2 11. When considering a motion for judgment on the pleadings, a Court must consider only the pleadings themselves and any documents property attached. Parrish v. Horn, 768 A.2d 1214, 1215 n.I (Pa.Cmwlth. 2001), affd, 569 Pa. 45, 800 A.2d 294 (2002); Casner v. American Federation of State Count and Municipal Employees, 658 A.2d 865, 869 (Pa.Cmwlth. 1995). 12. The Court should view all of the opposing party's allegations as true and only those facts that have been specifically admitted may be considered. Parrish, 768 A.2d at 1215 n.1; Casner, 658 A.2d at 869. 13. Judgment on the pleadings should be granted when there exists no genuine issue of fact and the moving party in entitled to judgment as a matter of law. Parrish, 768 A.2d at 1215 n.1; Casner, 658 A.2d at 869. I. JUDGMENT SHOULD BE ENTERED IN FAVOR OF DEFENDANTS BECAUSE THEY ARE ENTITLED TO SOVEREIGN IMMUNITY AGAINST PLAINTIFF'S TORT CLAIMS. 14. Plaintiff alleges that defendants willfully and negligently destroyed, stole, and confiscated his property while plaintiff was housed at SCI Camp Hill. (Compl. at 1114-15.) 15. Commonwealth officials and employees acting within the scope of their employment are entitled to sovereign immunity from suit, except in the circumstances where immunity has been waived by the legislature. I Pa.C.S. § 2310; 42 Pa.C.S. § 8521; Robles v. Pennsylvania Den't of Corrections, 718 A.2d 882, 884 (Pa.Cmwlth. 1998). 16. Immunity for intentional torts has not been. waived under any circumstances. Yakowicz v. McDermott, 120 Pa.Cmwlth. 479, 548 A.2d 1330 (1988), allocatur denied, 523 Pa. 644,565 A.2d 1168 (1989). 17. The General Assembly has waived sovereign immunity in only nine narrow categories of negligence actions. 42 Pa.C.S. § 8522; Sugalski V. Commonwealth, 131 Pa.Cmwlth. 173, 176, 569 A.2d 1017, 1018 (1990). 18. One of the exceptions to sovereign immunity applies to claims for damages caused by "[t]he care, custody, or control of personal property in the possession or control of the Commonwealth parties, including Commonwealth-owned personal property and property of persons held by a Commonwealth agency[.]" 42 Pa. C.S. § 8522(b)(3). 19. Pennsylvania courts have held that the personal property waiver set forth in 42 Pa. C.S. § 8522(b)(3) applies in cases where the personal property itself causes the plaintiff's injury. Pennsylvania State Police v Klimek, 839 A.2d 1173, 1175 (Pa.Cmwlth. 2004); Serrano v Pennsylvania State Police, 1:30 Pa.Cmwlth. 531, 535, 568 A.2d 1006, 1008 (1990); Nicholson v. M & S Detective A enc Inc., 94 Pa.Cmwlth. 521, 526, 503 A.2d 1106, 1108 (1986). 20. Defendants, as Commonwealth employees, are entitled to sovereign immunity against all of plaintiff s claims for intentional destruction and confiscation of his personal property while incarcerated at SCI Camp Hill. 21. In addition, the personal property waiver does not apply in this case because plaintiff does not alleged that personal property, i.e., the funds in plaintiff's 4 inmate account, his bankbook, envelopes, religious books, pictures, and legal documents, caused his injury. 22. Therefore, defendants are entitled to sovereign immunity against all of plaintiff's claims for the negligent destruction and confiscation of his personal property while incarcerated at SCI Camp Hill. 23. Judgment should be entered in favor of defendants for plaintiff's negligent and intentional tort claims because they are immune from suit therefore. II. JUDGMENT SHOULD BE ENTERED IN FAVOR OF THE DEFENDANTS BECAUSE RELIEF PURSUANT TO 42 U.S.C. § 1983 IS NOT AVAILABLE FOR ALLEGED VIOLATIONS OF THE PENNSYLVANIA CONSTITUION. 24. Plaintiff asserts claims against defendants for violations of his rights pursuant to Article I, Section 26 of the Pennsylvania Constitution. (Compl. at ¶¶ 14-15.) 25. Section 1983 provides, in pertinent part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, or any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and Laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress[.] 26. Section 1983 does not create substantive rights, but it provides a remedy for the violation of rights created under the federal constitution or under federal law. Graham v. Connor, 490 U.S. 386, 393-94 (1989); Oklahoma City v. Tuttle, 471 U.S. 808 (1985); Brown v. Blaine, 833 A.2d 1166, 1168 n.6 (Pa.Cmwlth. 2003). 27. While section 1983 provides for relief for violations of the federal constitution and federal law committed by state actors, it does not provide relief for violations of the Pennsylvania Constitution. Brown, 833 A.2d at 1170 n. 10. 28. Because defendants may not be held liable pursuant to 42 U.S.C. § 1983 for the alleged violations of plaintiff's rights pursuant to the Pennsylvania Constitution, judgment should be entered in favor of defendants for these claims. Wherefore, for the foregoing reasons, the Court should enter judgment in favor of defendants Gimble, Steigerwalt, Kline, and Lehman. Respectfully submitted, GERALD J. PAPPERT Attorney General By: Y1 GLQ c ?j?t/ x h AMANDA L. SMITH Deputy Attorney General PA Bar: 86316 SUSAN J. FORNEY Chief Deputy Attorney General Chief, Litigation Section 15`n Floor, Strawberry Square Harrisburg, PA 17120 PHONE: (717) 787-4526 FAX: (717) 7724526 asmithka,attorneveeneral eov DATE: September 13, 2004 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04- 1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants CERTIFICATION OF SERVICE I, Amanda L. Smith, Deputy Attorney General, hereby certify that on this date I caused to be served the foregoing by depositing a copy of the same in the United States mail, postage prepaid, in Harrisburg, PA, addressed to the following: Derrick McKinney, DT-7715 SCI Camp Hill 2500 Lisburn Road P.O. Box 8837 Camp Hill, PA 17001-8837 Q rY?C?n'd-0-d AMANDA L. SMITH DEPUTY ATTORNEY GENERAL DATE: September 13, 2004 C? n C_> 1? 1" I , T ` I '`1 ?3 'll ? i - i (. ) 'r, ?,.- n? Ca rn :: -- - - w PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within natter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Derrick McKinney (Plaintiff) VS. Robert Gimble, et al. (Defendant) No. 04-1013 Civil 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: Derrick McKinney, DT-7715 Address: SCI-Camp Hill 2500 Lisburn Road (b) for defendant: Camp Hill PA 17001-8837 Address: Amanda L. Smith, DAG Office of Attorney General 15th F1., Strawberry Square Harrisburg PA 17120 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 10, 2004 Dated: September 13, 2004 Attorney for Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04- 1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants CERTIFICATION OF SERVICE I, Amanda L. Smith, Deputy Attorney General, hereby certify that on this date I caused to be served the foregoing by depositing a copy of the same in the United States mail, postage prepaid, in Harrisburg, PA, addressed to the following: Derrick McKinney, DT-7715 SCI Camp Hill 2500 Lisburn Road P.O. Box 8837 Camp Hill, PA 17001-8837 AMANDA L. SMITH DEPUTY ATTORNEY GENERAL DATE: September 13, 2004 L T1 Z ?? 71?E ?ocrref e! ? ?cl A-(, co /0 X16,2 4 ?V &A ?(L'r l J?c \ r C?.LI i-L r?.riS \r` ?l?e v fj S /?(? Sy?(J et?C Y?CEZEF n-F wC?2. nP? SO lA (?11C d `Ta6F0Ajnb? fT r -,?--k- ?E?rt?5 /l??C? C'o??ortilr?.?1 n t Ir.GCS tti 62%3 ?r?s-eae.Fr2/"?lu?s? ? !- zttic s ? - c,?r•-?? E{r'?? S' R-C.?C . ??c,?sJL?nao?` c l9S'9 - ?.CO.? . 3.z 74 C7oc Tic-iE.?{ ??? I?c/ Q _Co re 5 d_ tia f?+, ??`? / .1?GiTES rcv,ti Bert SCE t ?c Sl: s f? i sa Jctcs GIIA, ?.; d c?cTi c c1 _ el ?QKc s o ro ' s 7Q c f?? 6,J c.l >P e lP r?TL ErZirl OF A« -e?F OC'y i 2. 1 6A) g-/%-OY V iF a. .?J s Gd?S?( 2?FS?oaJ?F?j c6VEze/ X06,# 3'` F kESf urns I O ?Fa F, E.? ?o?F E, r s i7F two C??tuf;<<r U ' U ?s a?3SS OCR ?'l?clnl?,'? C?E'Zfir??. /F r<F -C76 Fs ?l c-<c (mac (?c Ck s / 73 /tou) S 42oc? 77?tE , c ?? /?ciC: ? ?(tirn??r ,?eDLuLc?`f?E? ?;Scov?2 !l)o. €? -3 n y /? Y/z°t?cF Sf?? ?C s"?r/Cl/?cLSEQ ??av,%?? Suc? Se-y_- <- e 'v fef7E- % l S tid? U?SE'G?-?'S.Ct?' -l2f /J O _ V ?C JC S T S iZ5 /L tA-C a? ?d?$,,??idx? n ??'?? .C s s ?-? .? i O 72 ®? ?? ? rte 1P7? F n J? cQ. roc.. t7q i?> -?3?cc? Cti( rp9i? (22 /u8) Truc? n / ;`Z`?ce M-CS.J oLCE- ?r'Sc-ev?C? f , / ?J r '?c?clt -t4.cc ,?'?v.FCJ eta (Qao? 'f'i?E'6 ?x inS d? l1/JiE J ?J ?-- (? 6F1E.?1 -y/?cvEn?7/JSC.<,?. ??J CI.r,TCr' i?) r:?! 1 r C.?SSFI rLc?.?la?cil<e-?e-S Jtc'?{ZV? ?r'lFs ?`S n1d7' <<?? I'oD1?CcErF ?FCS-sS.c.R TCcF 1 rT.S C?i c.^r?-JcF 7e?are?Cs o?D ? ?SE ?? ?n µ? ? ? \ ?(] /L rlE' r'S /lS .Ergs/ /C,,S/n? ?p?trJC???'lJ?.?1? J:J Tcte <'rJf-C?Tcs /? ,1??(J Jt ?rdL ruC.41IF L Tr-F ? ?? ?) --(?tc'C '? r ,'? `{fie' QA (' SC-? -?+ ?tSLeec^d?C? C? e l t t. t ?i? C /3j; (J-?J. 2f c. 11991- ZJ T !ti a'? ?,t (F S f?T? ua1fTJ ??? ?(n1Q its (.lG`t r (F r n! n1?i nr (] /`i S cO"/ ( VF ?r .?) Ck?LtJ c"Ie?liCA f / / ?-Cry-C S S/C7 1/ ll? ,,fit I.LS,C Td_s ? ??-i? (C' `TZCE TfE?E?.! JC.t.J Ls Gt)i (I ? iCFi l I'd /?.?E i iC?.Ken1S-f'7et-C'? QrJj tiff CE ScT 2386 ?9/? /1?//«99 cc ???,KF coif x;? a JF? c Ir ,e A-V f?c uF .cns en5? e? ?ticF t???so c?lj x^a?/X lc?.sC z1-o f ?"4? G61ff-CiSE dSf F ?! !"cl liJ?A?C'O'? C(D. ?n4c. ?? Taut' S ca vim/ /to,( ? • ES/S t'? c S cCc TLVLI TLCE /rJL'o?.*-(?LiB? ,S'C[-?pKT 'A ('Llvf' CYVAI 01 5 _r CC_ SEC C?5 AA.S? V [t4s?l rya ??Y (30 F?Zf G?.S ?pn ??i c-'ie (?Y2 i:cf Zr ?Sl ??$ l l S t?E7E'IJrtr?]? SraJCF' `Jc?la7fr ?'-(-/ r['? e /L .SCE dF /.cc(eCE'a + L, ,¢ iE :,.) S-(,lrJ? ,?-c,C-?TE,e t?lsL,;s Tr F 1? S KE? S? ? t cc.? Q7@a vAril c ?.S ?.v? ?E?Ar-le s? rJ lies ?.t (,C, CJ d f / v?f te?z -S V : rJ ? ? i:dsTn_ArES fCit"i? >.J v a ?- ? O %s s,%F,-<e ( ?e; s liLn? ? /? l-tVE dl? `_? OC e sed v?'7p/ ? c?.d krr°ot /? coi c,cTvrJ U /17 OdG c5-it,I ?, i F y ?(F coc W" a nF3T ,-CCd-td,5-? f, lC s<W uC.? ?/t.iC1./Gr _? OCEJ?7<L C_. ?IpS? _.1?d 4X ,cgs ?s S eJv?c tQ 0?2 Ore --(a so ce a-F Yz°tF crECE'r Vim- 5"-c G, A-((CCJ lCi/CJ?Ti ? o? NaT' SicCt -CScavim) !S r SG?C ? ?<-c?vc t? ?`S (???cc/1C"I c /L h7' ? C l ti Jf ?t (7E itJ?,G(t/? is Jc So ?- . Fc 4 ,tk 7,?T=77?? ?n a6 0 d N r 1 ? co V7 C ? 'a,-J, 67 ,F^a?.z?sE ?O-S1t??dS °?° ?1`rr??? _1?7{ ? f-CQ Cr dcl L? ?`Q6 U / --- -- _ ? ? C t ltir .J'?'r ?? _ ?E2e7CF cL? C" ? L ?- / V cL- 5 -Al- -- ?P 4Ar t? f-I -A uez. Notary Public Manuel VelaC berland Cowuy7 - - am@}_CW1L- {ill Apnl Commission Ex ices -_ My i d 7-0 - S I 4A p,CJ? GQ --- -FrOTARIALSEAL - - C Manuel Velazquez. Notary_pub? -- s - --?'- / d camp-",Cumtserrnd Coumy t`'(/r - - MY Cnmmission Expires April 18,200 5 ?F? 2 -?? ?? q?' -- yip Sworn Verification COMMONWEALTH OF PENNSYLVANIA) Sr. 6y- (d l 3 COLWFY OF CUMBERLAND I, K)«z2ic ??G fT rluf , Inmate DOC# ?T > 7/ -swear or affirm and verify that the tatements made in the foregoing Complaint are true and accurate to the best of my knowledge, information and belief. DATE _ AlIC Swom and subscribed to before Me this of &,72004 Notary Public NOTARIAL SEAL Manuel Velazquez, Notary Public Camp Hill. Cumberland County My Commissi ion Expires April 18, 2005 ?? ?? ?:> `-?. .-, x- ,? o ' -?- ., ? . ; ;. , -? ,.,, _-, - __,t? ,.,?, - ???? r? ,? ?'?t;.:. 1 ..:, y r-, ?,. ,-? ' C!. rn,? `16 DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, ET AL, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2004, the motion of plaintiff to compel discovery is stayed pending a resolution of defendant's motion for judgment on the pleadings. Edgar B. Bayley, vderrick McKinney, DT 7715, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370 1> tXrevon M. Jacob, Esquire Department of Corrections 55 Utley Drive Camp Hill, PA 17011 For Defendants sal ?I 1 ?r: r'3 i I .t:.0 hG7l u???d ? ?? ?? ? r r'I'..l? CN THE. COURT OF COMMON PLEAS FOR CUMBE RL. \Nb COUNTY PENNSYLVANIA DERRICK Mc..KINNEY, F lain 6'4 V5+ CIVIL TERM NO, 34-IO(Z) 20BERT ( :3rINIBLf-/et aI , l?efer?d c,n?s E)E,CLARATION IN SUPPORT OF PLkINTUTt MOTION FOR ',') PECIHL -1 NJUNCTIVE RELI.E.F 1, iberrick M-Kinw,-yr de,c(are-s Under +-nc, penai Y o`F Po ?1ury l o Z c?un tl?? plcrinttif in tlr,'s Case o Z rnc,,ke? this de6Qra-61,01 in Support of my motion -For a -6ernporary restrcx'riirq Orcer/sp?cia( 'tnjunc-?iv? r'?,lie,f -?o ensure, t<<at ? receive.-; (?) An immediafo transfer out of the Sbctte, Correc6onck( ?rzs itutiorl at Camp (SClLd'to Qno-?iou- St?t? -??..cr(ity ?o ?;nsur?, p(air?tiffs COr1?ir}Ue?? 5cAtyr' Cb) One ` F-xtra'/ box OY legal work uN'?i (f such ti p said ?ans?er is lnstif.,Ae.d Or?? Put info ?ffoct; (C) No furtkpr pkyskal h1a'l?rrl, hi f?ra`SSV??erl?5 ?r pun j rncr,t w?riiclj cav-, a,nd will b? conS?Co cua h?sf?il?.?wil(fuf, rriali`cious,G(od ???G(ia.tor f ?kcAli Come, upon pka v-jtif? at - kc hands o? dpl?sn&r)f6Sj ?-1 (d) The- defendants restore to plaints' F ?(n? -Pot ION in, (1) His privile8p's to purckQ e itcm?s -F'rorn the- Pr' ;son comm'Issary -For the° scgke- o+ tk'tS action or any action plain-E,iFf l?o:s a? far. C'aJ The, legal docurner,ts des- roye(J by tic dckndmts Which can be, ob+,ain - rorn tb,e, Clarks of each separate county (3) Nis Bonk Book Whirl,, ce-fendants lost or-destroyed. (4) Nis sta6us as ct pdjase, 3 Candidate,du6 to -6kc latest alle,5eA Misconduc.`t Report, was retaliation -Car the plaAntif?? -Cikn3 previous ?ri?vanc-es otnd corn Plaints asains tie defier dams. Moreovpr for plalriti s??k`;n? redress M-6lhe lower and k'l5ker Courts `Lo wlln'ic6-i earl; action is FOW pe--ndi 3 (5) }li?rls4 e?y ??GnotherT:ulstitAionr PIciin-6-P4- was -Prey of all hc+rm orld viola-,ions ccns'ti E.utiona l r'i3t'j_ s to be ¢ree G? harvn Uohh to (nis person and his propewt y, C ) As s? c?r??h ire ` kn?' 3r?3'ina( ComplaiPt in Uke case z was asscAj(c?d ?y prison S Aff after T- raisseve,iral inter office, Complain65 dLOA `thy to ??rtlnef't of my dank book and Several legal documen63 ?l?af were, also 3-6colerel. (-F') Not lon3 a-Ctcr my Complanln6 was -PMP-d arch - hc, assault occurred Z souSkt) ro-lie in ?(ne, Onited S-tcA6es Dis?v icy Cour-t, I upon exhn -?us6on of my rcmcdies, 8--? (g) ?)efendant5 were, M-H away 0? Isi?;nti?f sp?(?i?, rclif,f in the h'i5lner Courts. (h) t'laintif? was evcntuoH( "emer?er,cy''trUnsferredto tln? 5tat? (Orrec?ionu( ins i?uz io0 at 6 r c c h for Saf??y and secure-6y sake?o PlcIr,?iff he,r? leorne.d ale, wouldEp(aecd back in (5C-LC,), some, qto 10 mon6i5 /ater pla'M6 ra'(se,d hi-3 ConC?xm for his SCA-Pe,-,y Ond 61E)) poss'iblej tb?reat, Of Contirwed har0,5-5M r 51 b630s m?s-- 60ndUC-6 re"Por63, liKelihood or 4tar'rrm Cnd ot.? er cony-ern5 n his monthly Pro'?rarrz evr?w Cornrr, t ee !/oc?ri`n?c, Gis re?v- ests to s-bay at (5CIG) were denlc, ahd plain?j4 waS Summckr'i (y -Lmn2- erred back tc" (5CIc)' (i) Wlni(? a-, (5c=G), plaln6ff acyuire,d OL ne-w Sank book, Upon (arriviv)3 beck Cc. CSCZGJ pl??intiff found out ?lncc Gt jCain hei was m'ts-2M5 his Bank book as we-l l as (?,5at papers avid personal i?Lems. Plaintiff irvlwe.dia at 6y Contact)c A (S C.l Gs), Business Manay r and z r,njab?- accounts, W4t6 ln- or-me,3 me, t?icat ry-) ? Lank book was to- deed?'orv?c?rde? to (5clc) and -6hat z. 5kou(d Check Vwit' the 3?siness Manaeer,(WkO '?s onE) 3? above, rwzic(i c ?Fepdc?n?sJ? it Mr, (Zob?r Gir Ibl?p,; Who in -tvrn Gras Cons'is?an-by CdUSC8 respond -bo pla'Ui6ffs 1-6?u- cs-Ls. Pla'in`tiff has na ovai labl?, rempdk 5, Since, he has ?50()Skt r->°Wicdy viCc _LnrrmA6 S-baf'f 0A -6he, ConSOlida-Ec,d Inma-66 Gr'ievance' SystEvri end was t5noreJ anal de.nie-d r-cspeu-'veJ1 D-3 (j) There, Ne-H O NW-lf of the de, endornfs" Pre viou s in-6rusions upon tke, plct`(nti?f arld vl'tS prope-rtY and h;5 mrkny CornPl -Ant) s , (k) E'lasntiF? has suCrter?d is exa.? ? same, Pate.) S/ ne-) prior -Lo h,is ir5? etrnrr ??rc? tr??nst?r; tho Lei ieVe,s -Fearo- PA Ure, and greater irre arol(ej harm, FOR the -?ocf50in3 rc(a ons/ ? Honorably Court Sl)oulcl GRANT t1nN, Pitainti? s motion Pursuant a Rules 1531cco and I53D,(c6 of bosh Pa• R.Civ.F and Po,, I',,A,P rlf5p c-6vedy, in all respe.C?;s PURSU?\NTto 18 Pca<C.S. ? 496tl. declare uccer pencaltby of PI?r3ury thu.-6 the, ?or65oir, is Uruej and Correct Dp clarar NOTARIAL SEAL Manuel Velazquez. Notary Public Camp Hill. Cumberland County My Commission Expires April K. 2005 l Q' q- I 48 jo Z- Form DC- 335A INMATE'S REQUEST TO STAFF MEMBER SIqC,t. h- rte>? 1. To: Name and Title of Officer) . 3. By: (Print Inmate N me and Number) 6. Work Assignment /l5d nj ? ,6„ I ` / fir ll /x 1-15- Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS Complete items number 1-8. If you follow instru^v,ns in preparing your request, it can be responded to promptly and intelligently 2. Date: 4. Counselor's Name ?7e. 15 A- n) c 5 5. Unit Manager's Name 7. Housing Assignment edetails. u d,4 u'_ n? ¢ ,.I S . a ?,Q Y J _1. _ To DC-14 CAR only 0 I To DC 14 CAR and DC-15 IRS ? Staff Member Name L Z ?A / t, ? Date Print Sign Revised July 2000 I 1 if orm -135A - C--- Commonwealth of Pennsylvania INMATE'S REQUEST TO STAFF MEMBER Department of Corrections Ai S- ?x INSTRUCTIONS Complete items number 1-8. If you follow instructions in C4 preparing your request, it can be responded to more Xl k.- promptly and intelligently. 1. To: (Name an itle of O Ic ) ffk? 2. Date: A 3. By. tint Inmate Name and Number 4. Counselor's iName A? ' ?i 157 sFC-'?4?s 5. Unit Manager's Name Inmate Signature .moo /;,t ?% d z 6. Work Assignment .7. Housing Assignment ?? 9 u' C(?2i 1?a?3 8S?bie?: State your request completely but briefly. Give details. ,4 ?rP 'ate , _ p lam! l ?- .r..t r5 t ?7 s -.ter I To DC-14 CAR only ? / joJ? cY- - To DC-14 CAR and DC-15 IRS ? Staff Member Name Pri Date nt Sign Revised July 2000 Form DC-135A Commonwealth of Pennsylvania INMATE'S REQUES=MEMBER Department of Corrections INSTRUCTIONS lete items number 1-8. If you follow instructions in ring your request, it can be responded to more tf and intelli gently. . 1. To: (Name and Title of Officer 2. Date: 3. By: (Print Inmate lame and Numbe 4. Counselor's Name '7?- 15. Unit Manager's Name Inmate Si nature 6. Work Assignment 7. Housing Assignment :t: State your request completely but briefly. Give do - c _z 2 -E-6 tO K LTE?° c e -_ s 3 To DC-14 CAR only ? I To DC-1 4 CAR and DC-15 IRS ? Staff Member Name IV ? Z / Print Date Sign Revised July 2000 I INMATE'S REQUEST TO STAFF MEMBER 1. To: (Name and Title of Officer) Z ? r Z/ 1 F-E /?( Jed y3. By: (Print Inm tte Ne and Number) -//- 6. Work Assignment ,AJD/9E- 8. Subiect Rtatu v v i..e . c:.?s,- .w-ia - CV- C> To DC-14 CAR Staff Member Name Revised July 2000 -(K- 26 commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more promptly and intelligently. 2. Date: 4. Counselor's Name ?1? i>Oc-C lKr?t?'S 5. Unit Manager's Name 7. Housing Assignment // SAl? GC .-C Po /? - 2 C31 a - r-d'vk- -T.,f L- 'e-1 *rc-tp i M D° C-V-el- K k A,t r3e?l eT'C-. ?47C;U t>"T' To DC-14 CAR and DC-15 IRS ? Sign Form DC-135A INMATE'S REQUEST TO STAFF 1. To: (Name d Titl f Offic 3. By: (Print Inmate Name and 8. Work Assignment 8. Subject: State Vol 1 ?r- f 1? epartment of corrections tUnit r monwealth of Pennsylvania INSTRUCTIONS e s number 1-8. If you follow instructions in r reque st, it can be responded to more intelligently. 7- C- r's Name o,ger's Name 7. Housing Assignment S cc_ ce. XeC?2.-C-_ Pd /E -z - G h_ `u -i09 >A, To DC-14 CAR Staff Member Name Revised July 2000 T' o DC 14 CAR and DC-15 IRS E?., i Print / 9rgr? Date 7 i3 d f/ I Form DC-135A INMATE'S REQUEST TO STAFF N 1. To: (Name and Title of Officer) 42 3. By: (Prin Inmate a e and Nu r) - "-4 Inmate Signature 6. Work Assignment R /?V4. - To DC-14 CAR only ? , Staff Member Name Revised July 2000 RE"EPV E e m .) Dartment of Corrections T INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more promptly and intelligently. 2. Date: 7- /9- aY 4. Counselor's Name fie. Sou z e° e 5. Unit Manager's Name 7. Housing Assign nt 2 -zl To DC-14 CAR and DC-15 IRS 9? G Date Pdnt ignt7 Form DC-135A JD,,artment onwealth of Pennsylvania INMATE'S REQUEST O STAFF 4 of Corrections A; A INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more promptly and intelligently. 1. To: (Name and Title of Officer) 2. Date: 3. Ely: (Print inmate Name and Num er 4. Counselor's Name 5. Unit Manager's Name 6. Work Assignment 7. Housing Assignment L ?O J? s C ?CoQ? nek /? ;z ' 2 / 8. Subject: State yoV request completely but Briefly. Give details. To DC-14 CAR only ? To DC-14 CAR and DC-15 IRS X O Staff Member Name 2 a r,/ GC Y Date ?Z p't P Sgi Revised July 2000 ? ? RJ ?J_.. ? r_.? .-+ _: _ ' h - .i ., __ era ., } ?f J `J 71Y A b:olt- ©q - ,/6 ; S 1E_'l s L/'t , -r??tt` .°'?L''• s.?./C:. '.'?"?.':'r? ?'"? ,,? t??n„? ?' ?JG7?.?!{a ? r ?? ???._';? / ?J ?f0 ?/? -?? C1? f??' dll i L? jf" ??''(? ! a? C-,JA)S A) r \ ??'+J ?J?.7 ` !?r ?J r U It _ ?...5 'trV l_c j off f?? t ;S !G ?!? o (/67 Ro? `?? ?" ?' (` c.._ L .- .rr?'?_?/-? , ?v.>c.?c--' t i !J?(. ? ,LE' ? L?.C,???'?'" ?? ?(? /`r,?C +?"'"/?•. c_._ S . `•]`?„'?. ?' !?'?1 /l, r ..,J? t? tJ?E" '?'?'!?C iC. /'"L?/'?.'r'.?c?-t.7 ? ?"' ?: /' ? ?,, ??'r? >a ti ?' ?C' pl f ? yf ` T Vic. rv/l,? + ICA ; A4 "77-- v tl-C-C/"? ?) A) Q, f J L f}" ?.)? ?'~f= 1..4 ;?A • ti ? ??? rl . s?? ? :=i ? '_' (l (t ?.' ? it- ??? ?..f.?il. S d?."C'. ?, ?'? c: i..3?`,i ») ,+.? c /?) f .J. ???_i?`Eit.;,,•?, s?r~,?'(':i ?. C37E'?";C ?. ` / s???? t L-?? ?( e:'<??'',? ? ?,?c•.1c? .i,,?t;?.,;,c;. 1,?- 1"tlKttN C.c.s % 'Ja--4 tp7e/ J 7q A k'vV/C .j J zx- rJ/067 1 Ali 4? /16- 6 t,, ? ? f r tti Q T6 A) A/ 041(14- A rC£?. ?-." .?, ? ? ?"?r?-. ?-C. ? ?'?_ ; ?c-" ?'e"' S !Lt C c.c.1 'S' < =_ 1r?' ?' ? .; !'?- c '?C,,?r?"E' S C"`? ? l C) PA, .lid. A ; / It C&AJ ter' S C 4-t-/ O ^J v, V v '7' ? 1? M ? f-l ? 1 ,l ?C1 ? Jam' . ?. ? , ? 7Cc ?nJ?' ? f? ?i? ?Y'?'t)? 1e•t .?C V 6-A3 AS, " - -s 3 -11F--07S T?A c X 0 ICJ t '4, s o c t` ?<.•'l?„/`°.. '- /(.,? ? ??..- ? ? ?k 1? ? ?'?CaC?,? "TG=I ?` /`?? ' S ? ! Ali Ale, t ` w ?s ?• f 1 i ? ? 1 ? t4?1? 6.!°?'.? / ? r?7?'slar± '?; ???? ??Tc. ? . ?, ? .:J % ?? ?i ? , ?! f.J_ j) f Ili F.` C? ?.J 1 r.'?f' '?,,i h. ? ? <, .•,1 --f fj L/ V ".r f w f c AC co,.A^J- rM 1 ' `A F S-A 77 L "" 1. .. I w iJ A? u , t ! s - f 'Q f / • I ?'.rti. M AJ? . NOTARIAL Manuel V SEAL ('? elazqueL NMar p Camp Hill , Cumherland Cy uhlic MY Commission Expire,, County ? r April 18. 2( 5 -- ?? Z'A ??? .w+Y'° )) yy. l+? y ?' ???'P ? ? ?n?t •y??„?. :per M1f ..J f r , }-fit t ?? ;? '.,?!_) ` . ?-`' , w ? r •-< `:;,,; fi .3 .. .3 1) NOTARIAL SEAL j Manuel Velazquez, Notary Public Camp Hill, Cumberland County My Commission Expires April 18, 2005 ?? rv w Co 1 i L QO `iJ Oct o r6 t ,o6 ? ( ') (f- /0/3 -T 6. lZ ,c ilk ` jr C /'JVIO" 4/ r? •?1 i 7-7i ! iit lei / c`. C` . \ l./ O/'a ~?? ? C ??? / :? N /t ? i jY It_; 'f t??r.:. ^?' ? ? ? t`?? I? ??'.: /ti-? ?` C ? t' r i t? -715 \ e i ell 7-1 s It d J { w 1 V ?t t t ? 1{ ... ,r 1 d f A wo A, r' a?rl t a a r i, S i t.?f.st f+ ?? / w A. A1 r • ,' ?` ?????? Chi ?t i .?^. t y,.? r At Q A 0 C 77, ry e !tr t/ V ?. t~(- off- '??,c7P? 7E' i.t A) 6. S /? { v/ t ??? GL f 5 ?( C, d i('Fjf (4+?? / 7 /,I V, d (IA- J j C •l'-r' l C r? C C i Cl ?1 (? -,L i , J i c < a n1 1'il ?''t i E S TUR 7"5 <- )C- /, ?-JA??F /- PCF A^?y/4//_,0 I-A- 7.??r A-4 6 -S [?O IJI .$ «s ! !V ?-L? •?. F G- ! ??' c'_^ T i C: r J t n? ' r C -T / c •? ?. P trC? !? JtJ? (0 ?t?_ ?/ /?'? ZJ l C'/t S S Iw f JQ 1 / R( .tea ?J4-u .tit E' tt 7CF , nS, S r L?. S S$ l ''?it.rc S( c="1? ?Q ?• r'?.! ?,?-,?j ,?,(./(„T?- L i'?. `. ?: U t..t r.?' , ./L. nJ ?,_ ?` t17?' ? ?J.c-(fe'? C?el. rJ L.l ? 1?'?„` ,.(,?+?-?..rv? ?ji? /1t.? ?:, y??..-`M. / ? i? 7F' C./?r'?. (f +?, ? ? ?.?- ?+ ?' =• ? / `"'tom' .^??`! ? , r 1 ?'?.}'. ' ?_ j?'? t tt f JC_ vE (-? .• ? .:'?"`rt n ?J .?-- () ? ?'? Cr \? V7/??.I?3? ???7Fr?'-' !?T ?i.c--:.C .•.`°CF_'.??iC?.L!c? <':???'l?'"inJr 79 t'-7- A6*4 Ai ?- ?" -13 c' 3` 'Fr C:' i A • ? G. C) 'e?_."•3 `..?.`' ?,?. Nh- ?.? Cll+° ,1"?. { 'a Il (.:t-. ;.• ?UC..!L? 1''7? r C3 !? ' /''?? ? ;?? t.-ri't.. / ,?-e??t?/--? }! ?rl. / :..? ? "r ?? /'S'ir .G.: O ?' ,r n??? ?a ? ' i +? 0/3 a-e A3 .r-;,; r mfr •? All. 3 JA?ik :r 4 A? i7 tlzol { -( r q 1 -4 43 IF 5" s ,? Y , .. ? ?,?,.. ;%`- 4:.= ? st?C ? G.C ?."' `.:? L.' C'F.' J<v .'?_ `•?C'••',t'-1'? :a' C3..`}lJf,. 1 f F ? ?, .. C `a IAA (5', LA, 7) 'PA -A 1) AJ v ? 73 S4Ae (A c C ? v ? ? n9? ?i <4 J C.C <?" /l- n 24f . • 1. l ?t r i ' U 0,3 sC. L? /) C rz f? -? jf v 7-7 A _ ! ( -'o , r / 0 s, C 0,, -;,t-eA- 'Ll,tii A?- '? (.U C. ' f• /li<?. "? U ?NOTARIAL SEAL' Manuel Velazquez. Notary Public Camp Hill, Cumberland County My Commission Expixpirc res April April 18, , 2005 ci, f PXF 4k, * 6(( /o, s 677 7-0 Z`' ?- 6k, s ?7??C?"f'.t+'?,?n?Q?c}?c'.'. ?i - fc.:?rc-c'c?c ?=^/`?C.J?. '',:.?l.X.r?--'• ` ?..??.}? ?.'..C.?L4"'?"'??? /J ? ?? l ? l " .E_-_,,J V ? ?U ' ? C" /i,1 i?) ?,f ? . ? ' ?-?-L/ 1' ? •'t?- y `? _? ,",, 'j -.^.. sIq NOTA I ?," Manuel Velazq b • t 4 , X, I'X4 (l l J Camp Hill, Cumberland Count My Commission Expires April I8, ` h7 c•c..? -r7 CC) CJ C? :.. J 1 71 co DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM IN RE: MOTION OF DEFENDANTS FOR JUDGMgNT ON THE PLEADINGS ORDER OF COURT AND NOW, this ldr---day of December, 2004, the motion of defendants for judgment on the pleadings, IS DENIED.' By, the Court, ley, J: / errick McKinney, DT 7715, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370 txmanda L. Smith, Esquire Department of Corrections 55 Utley Drive Camp Hill, PA 17011 For Defendants :sal 0-of f This court has held that when the Commonwealth loses an inmate's property that was in its care, custody and control, the claim is not barred by sovereign immunity. Wheeler v. Pennsylvania Department of Corrections, (00-6115 Civil, August 2, 2001) (attached). L` - G? C ? CV . IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff : V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants : No. 04-1013 ENTRY OF APPEARANCE Please enter my appearance on behalf of defendants Gimble, Steigerwalt, Kline and Lehman in the above captioned case. Respectfully submitted, GERALD J. PAPPERT Attorney General By: Olyy4'n4? CG AMANDA L. SMITH Deputy Attorney General ID #86316 Office of Attorney General Civil Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (717) 787-1194 Date: December 8, 2004 SUSAN.I.FORNEY Chief Deputy Attorney General Chief, Civil Litigation Section Counsel for Commonwealth Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff : : No. 04-1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants CERTIFICATE OF SERVICE I, Amanda L. Smith, Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on December 8, 20045 I caused to be served a true and correct copy of the foregoing document titled Entry of Appearance by depositing same in the United States Mail, first-class postage prepaid to the following: Derrick McKinney, DT-7715 SCI Greene 175 Progress Drive Waynesburg, PA 15370 AMANDA L. SMITH Deputy Attorney General r'1 ;`_? ? ? C 7 ..? _ „ _T?? .. i J .-?(Ti ?r. ` ........ .i + `.k ? 1 ??? - .. 7Z7o v S, A-?+A): AT K 'S h A? 64 VL-l e V??40 A)6-(,? ? ? C4 e?<-S Z,6 0 W OLA tdC._ 1,k, 6C,4, -FG ?- /? e -A E=' ti? G? C ` ft SC sEE /Cl l A A? \/V /X, • r 0 G ? ? ? .2CSU ^4 CD ,3? -t?iE Co?re? aF OF GG ? e l/C?1d? G6a,43 ( vs` ?Atia A ?o loo' ,! vjf X4 > C 44 vc-- Irv ?;N ?Ioc- sg L 47? s cc 2es ss i-SL ns D cEr uzjK '.?-?re t r P4, /9 y ?? 0 2YY - f Aff ?1 ? l <<? ?s ?2yc/ F/st.Sc' ??' ?-tPCT?` cZ? fz 77 _ f r ,x o f..} ti C. Cll ! J.. P'f!'e el. • 4A vo f, n? i^? r__? xco Gi -I'S u? ?i 1- T i?lJ.? y, -' is ? C:J ?_ `-?fCi 1..: .. _ .} L.J -,. Ili THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY Plaintiff CIVIL ACTION VS. ROBERT GIMBLE, Et,al. #N0. 04-1013 Defendants Motion To Withdrawal Amended Complaint I Derrick McKinney #DT-7715 Plaintiff file MOTION TO AMEND COMPLAINT And a MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT ON 10-28-04. For said case McKinney V. GIMBLE Et,al. #04-1013 The Court's received said MOTION on 11-8-04, according to "DOCKET"..... No - Action was taken by the Court's nor the Defendants. Plaintiff Derrick McKinney #DT-7715 did not receive a response. I Derrick McKinney #DT-7715 PLAINTIFF did not leave S.C.I. CampHill 's S.M.U. Program until 7-20-05. This is when I Plaintiff Derrick McKinney #DT-7715, Notice Defects and Deficiencies for said MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT File on 10-28-04. And so in the best interest of Judicial Economy it will be best serve for all parties to WITHDRAW the MOTION TO AMEND, And the MOTION FOR LEAVE TO FILE AN AMENDED. I Plaintiff Derrick McKinney #DT-7715 would like to "WITHDRAW" said MOTIONS, TO SUBSTITUTE With ENCLOSED. The information contained herein is true and correct based upon the Plaintiff Derrick McKinney #DT-7715 knowledge and understanding. #DT-7715 NOT IAIS DERRICK McKINNEY EN JIFERDA KER, Notary Public Plaintiff pack Twp., Montgomery County my commission Expires NOV. 29, 2008 S.C.I.Graterford P.O.BOY, 244 Graterford, PA. 19426-0244 Executed on L1aN.13 26ffb Respec full Su mitted (Date) 7 SIGNATU.E OF P TIFF) i , IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK MCKINNEY Plaintiff v. No. 04-1013 ROBERT GIMBLE, Business Manager, BLAINE STEIGERWALT, Unit Manager, ERIC KLINE, Corrections Officer, DANIEL LEHMAN, Corrections, Officer, Department of Corrections Employees: State Correctional Institution at Camp Hill, P.O. Box 598 Camp Hill, PA 17001 Defendants MOTION FOR LEAVE TO AMEND COMPLAINT TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF THE ABOVE COURT: DERRICK McKINNERY, plaintiff pro se, hereby moves the court for leave to amend his complaint, and support therefor states the following: 1. Plaintiff cominenced this action against above named defendants March 1.7, 2004, with service of process effected March 23, 2004. On Anril 13,. 200)4; 9gfpn6ant.s filed their Answer. 3. Per the court's May 19, 2004 order, plaintiff was granted 60 dais in which to file his response to defendant's answer with new matter. 4. Plaintiff filed ;Notion for leave to amend and his amended complaint, chic. are still pending. 5. In the interim, defendants filed a notion for judgment on the pleadings Septef.?ber 14, 20u4, and this court denied defendants' m;;tioc Decelaber i, 2604. 6. Plaintiff has dis-covered several defects which can be cured by amendment, and requests this court leave to amend. . 7. Mule 1033, P.R.Civ. P., 42 Pa.C.S. states the following in pertinent part. A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. WHEREFORE, for foregoing reason, plaintiff this court grant him leave to amend his complaint. Plaintiff further suygests tnat this action will not prejudice defendants. Respectfully submitted, ? c Derrick McKinney DT-7715 Plaintiff AFFIDAVIT Plaintiff Derrick McKinney, hereby deposes and say under penalty of law, pursuant to 18 Pa.C.S. § 4904, that all the statements and facts are true and correct to the best of his knowledge, information and oelief. He further states that his action is deleterious and that he believes he is, according to law, entitled to the relief sought. Respectfully submitted, Derrick McKinney DP- ? P.O. Box 244 Graterford, PA !9426 Dated: - / - O? N RIAL SEAL /- /3' (o tJNNIFER NEKER, Notary Public k Twp., Montgomery County my commission Expires Nov. 29, 2008 ;, - .? - _. - ._ ,.: DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2006, a Rule is entered against defendants to show cause why the relief requested should not be granted. Rule returnable forty-five (45) days after service. v/ Derrick McKinney, DT 7715, Pro se P.O. Box 244 Graterford, PA 19426-0244 manda L. Smith, Esquire Litigation Section 15? Floor, Strawberry Square Harrisburg, PA 17120 For Defendants :sal By the Court, Edgar B. Bayley, J. C'. ! F r ?Y r IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff Civil Term No. 04- 1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants DEFENDANTS' RESPONSE TO "PLAINTIFF'S REQUEST FOR RELIEF DUE TO DEFENDANTS FAILURE TO SHOW CAUSE" Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: AMANDA L. SMITH Deputy Attorney General PA BAR# 86316 SUSAN J. FORNEY Chief Deputy Attorney General Chief, Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 PHONE: (717) 787-1194 FAX: (717) 772-4526 DATE: April 19, 2006 On or about January 23, 2006, plaintiff filed a motion to file an amended complaint. By Order dated February 2, 2006, the Court ordered the Commonwealth defendants to show cause why plaintiffs request to file an amended complaint should not be granted, Because the Commonwealth defendants did not oppose the plaintiff's request to file an amended complaint, the Commonwealth defendants did not file a response. On or about April 17, 2006, plaintiff filed "Plaintiffs Request for Relief Due to Defendants [sic] Failure to Show Cause." In this request, plaintiff appears to request relief on his amended complaint and not the motion to file an amended complaint. Out of an abundance of caution. Commonwealth defendants file this response to oppose any granting of relief to plaintiff on his amended complaint. STATEMENT OF QUESTIONS PRESENTED WHETHER PLAINTIFF'S MOTION TO AMEND THE COMPLAINT SHOULD BE GRANTED? ARGUMENT Plaintiff moved to for leave to file an amended complaint, The Court entered a Rule against the Commonwealth defendants to show cause why plaintiff should not be permitted to amend the complaint. Defendants do not oppose plaintiff s request to amend the complaint and did not show cause opposing plaintiff's motion to amend. Therefore, the Court should enter an order permitting plaintiff to amend the complaint.2 2 The Commonwealth defendants oppose the granting of any relief based upon the allegations in the original or amended complaint. We have vigorously defended against plaintiffs claims for relief contained in the complaint and will file an answer to the amended complaint contesting those allegations as well. 3 CONCLUSION For the foregoing reasons, the Court should permit plaintiff to amend the complaint; however, the Court should not grant plaintiff any relief based upon the allegations of the complaint or amended complaint Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: 0/) <, y? 1 AMANDA L. SMITH Deputy Attorney General PA BAR #86316 SUSAN J. FORNEY Chief Deputy Attorney General Chief, Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 PHONE: (717) 787-1194 FAX: (717) 772-4526 DATE: April 19, 2006 4 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK MCKINNEY, Plaintiff Civil Term No. 04-1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL : OFFICER LEHMAN, Defendants CERTIFICATION OF SERVICE I, Amanda L. Smith, Deputy Attorney General, hereby certify that on this date I caused to be served the foregoing by depositing a copy of the same in the United States mail, postage prepaid, in Harrisburg, PA, addressed to the following: Derrick McKinney, DT-7715 The Honorable Edgar B. Bayley SCI Graterford Cumberland County Court of Common Box 244 Pleas Graterford, PA 19426 One Courthouse Square Carlisle, PA 17013-3387 J AMANDA L. SMITH DEPUTY ATTORNEY GENERAL DATE: April 19, 2006 DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE : STEIGERWALT, CORRECTIONAL : OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this Lt day of May, 2006, the motion of plaintiff to file an amended complaint, IS GRANTED. Plaintiff shall file an amended complaint within forty-five (45) days of this date. By thetourt, Edgar B. Bayley, J. ve(errick McKinney, DT 7715, Pro se P.O. Box 244 Graterford, PA 19426-0244 manda L. Smith, Esquire Litigation Section 15t Floor, Strawberry Square Harrisburg, PA 17120 For Defendants :sal V"j 05,1.x ?. CY) W cb U `? U IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY Plaintiff vs. NO. ##04-1013 ROBERT GIMBLE Et,al. Civil Action Defendants AMENDED COMPLAINT This is an action-law complaint alleging negligence on the parts of the above named commonwealth employees for the loss of Plaintiff's Derrick McKinney personal property under their care, custody and control. Plaintiff seeks monetary,punitive, and compensatory awards for damages. 1. JURISDICTION The court's jurisdiction is invoked pursuant to 42 Pa. C.S.A. § 931 and authorized under 42 Pa. C.S.A. § 8522. Requests for damages are in excess of the court's jurisdictional amount permitted by statute. II. PARTIES IN ACTION A. Plaintiff is Derrick McKinney, an adult male and citizen of the commonwealth and currently housed at State Corrections Institution at Graterford, located at P.O. Box 244 Graterford, PA. 19426-0244 under court imposed sentence. B. Defendant Robert Gimble, is a commonwealth employee and Business Manager at S.C.I.CampHill.... C. Defendant Blaine Steigerwalt is a commonwealth employee and housing block Unit Manager at S.C.I.CampHill..... D. Defendants Daniel Lehman and Eric Kline is commonwealth employees and Corrections Officers at S.C.I.CampHill... Defendants are being sued in their official and individual capacities...... 1 This action began at State Corrections Institution at CampHill. Plaintiff was to transferred to S.C.I. Graterford. III. STATEMENT OF CASE 1. I Derrick McKinney #DT-7715,Plaintiff complaint alleges that while incarcerated at the S.C.I.CampHill's S.M.U. Program prison officials misappropriated funds from the Plaintiff's prison account. 2. Plaintiff was deprived of his personal belongings legitimately in his possesion, and the personal property that was being held in S.C.I.CampHill's S.M.U. property room. 3. On or about 3-17-03, I Plaintiff Derrick McKinney was notify by defendants C/O Lehman and C/O Kline who was the property room officers at said time, that I Plaintiff Derrick McKinney was being transfered out of S.C I. CampHill's S.M.U. program, and I Plaintiff was informed that he will be transfered to the Special Management Unit at: S.C.I.Greene. Plaintiff had the opportunity on or about 3-18-03 and 3-19- 03, to inventory his personal property for the first time since on or about 6-16-97, when Plaintiff sen't all of the personal property he had at said time home. 4. Over the years while being housed at: S.C.I.CampHill Plaintiff Derrick McKinney #DT-7715, had accumlated more personal property, some was in Plaintiff cell and most was being stored in storage in S.C.I.CampHill's S.M.U. "PROPERTY ROOM".... 5. On or about 3-18-03 and 3-19-03 I Derrick McKinney Plaintiff was inventorying my personal property that was being stored in the property room at: S.C.I. CampHill's S.M.U. and I Plaintiff had notice upon observation that all my property was not there. Some of the things that I notice at said time that was missing was; Legal Pamphlets and Legal Books, Newspapers, Personal Pictures, Postage Paid Envelopes, Exhibits and Affidavits for case: McKinney VS. Guthrie Et,al. 1:01-CV- 2088 (#02-1620 3rd cir. 2001). 6. At S.C.I.Greene S.M.U. Program Plaintiff Property was re-inventoried by officers C/O Hays and C/O McQuid on 3-23-03: The property was packed so-badly that a pair of Plaintiff eyeglasses was broken, this was done intetionally and so I Derrick McKinney #DT-7715 had voiced my concerns to C/O Hays and C/O McQuid about my eyeglasses and my missing property, both Officer's informed me to file an DC-ADM 804 Official Inmate Grievance, which I did on that day 3-23-03 NO. 47898 that became official on 4-1-03 for number #48367. i VI. LEGAL CLAIMS (a) Defendant Robert Gimble either missplaced or ne- gligently lost, and with willful misconduct destroyed Plain- tiff's bank book, in violation of Plaintiff's Art. I 26 Pa. Constitutional Rights, as well had funds being deducted off of Plaintiff's account without plaintiff, Derrick McKinney #DT-7715 approval, and is liable as a result therfore, under 42 Pa. C.S.A. 8542 (a)(2)(3), 8543 (b)(c)(6), and 8550. (b) Defendants blaine steigerwalt, Unit Manager, and officers Daniel Lehman, and Eric Kline either missplace, or with malicious criminal willful misconduct destroyed, stole and pilfered plaintiff's property in violation of plaintiff's property in violation of plaintiff's Art. 1, 26 Pa. Const. Right without due processand is liable as result therefore, under 42 Pa. C.S.A. 8542 (a) (2)(3), 8553 (b)(c) (6), 8550,.and 8522. V. RELIEF Plaintiff seeks the following relief; (a) Compensatory, monatary, and punative damages in the amout of $50.000, from Defendant Robert Gimble, business Manager for S.C.I. Camp hill at said time. This, is for the loss of plaintiff's bank book, and deducting monies from plain- tiff Derrick McKinney #DT-7715 account without authorization or legal authority. (b) Punitive, and monatary compensatory awards for damages in the amount of #50,000 each from Defendants S.M.U. program at said time officer's Eric Kline, and Daniel Lehman for misplacing Derrick McKinney #DT-7715. Plaintiff personal property under heir care, custody, and control JEFFREEYBAK Nota` Respectfully submitted Y BAKER, Notary Public Skippack Twp., Montgomery County - My Commission Expires Nov 19, 2008 I Derrick McKinney #DT-7715 certify under penalty of perjury that the foregoing is true and correct. 7 `/' e5 . Executed on ?-/9 6G (Signature of Plai f) 1 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK MCKINNEY Plaintiff NO. #04-1013 VS. ROBERT GIMBLE Et,al. Defendants Civil Action PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 5-19-06 and manner indicated above, served a copy of this motion and letter on the following person(s) PROTHONOTARY Curtis R. Long Cumberland County Courthouse ONE COURTHOUSE SQUARE Carlisle, PA. 17013-3387 AND Office Of Attorney General Litigation section Amanda L. Smith, Esquire 15th F1oor,STRAWBERRY SQUARE Harrisburg, Pa. 17120 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 5-19-06 ?J (Date) (Plaintiff) ' This certification is executed pursuant to title 28, United States code, section 1746. #DT-7715 Derrick McKinney S.C.I. Graterford P.O.BOX 244 Graterford, PA. 19426-0244 %Z- JEFFREY BAKER, Notary Public Skippack Tmp., Montgomery County My Commission Expires Nov. 19, 2008 c>_ ? a c t - ? ring ? Ily t:_ , ..G .7 r? ? ?1 :? i?? ? : =a?,{, 1 ? - T? ''. 1. e''S { 1. ) N _` N ..c „? C? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY Plaintiff VS. ROBERT GIMBLE Et,al. Defendants NO. # 04-1 01 3 PLAINTIFF'S REQUEST FOR RELIEF DUE TO DEFENDANTS FAILURE TO SHOW CAUSE I Derrick McKinney #DT-7715, Pro se Plaintiff, hereby request relief in the about said matter pursuant 42 Pa.C.S. And set forth the foregoing statement under oath which any fales statement herein are made subject to the penalty of perjury and averring to such states the following: This is an action that was borne out by the complaint alleging negligence on the part of the above named defendants. McKinney V. Gimble Et,al. N0.#04-1013(2004). That the defendants were ordered by this Honorable Court on February 2, 2006, to show cause,Rule returnable within Forty-Five (45) days. The defendants have failed to timely respond within a sixty-Five day period nor during such e:>piration of time have defendants explained such default,request for an extension of time, this failure is prejudicial to, Plaintiff Derrick McKinney #DT-7715. Petitioner believes he is entitled to relief pursuant to Pa.R.Civ P. Rule 206.7(a), which states "If an answer is not filed all averments of fact in the petition may be deemed admitted for the purposes of this subdivison and the court shall enter an appropriate order. Wherefore, Plaintiff Derrick McKinney, respectfully requests that this Honorable Court rule in his favor and against defendants and GRANT RELIEF. LY SUBt1ITTED Dated: ?-/(?2006 RESPECTFUL (Derrick McKinney#DT-7 ) Pro se Plaintiff NOTARIAL SEAL LAWRENCE). LUDWIG, Notary public ublIC Skippack Township, Mont90r my Commission Expires Dec- 7, 2009 in TKE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYVANIA DERRICK McKINNEY Plaintiff Vs. No. # 04-1 01 3 ROBERT GIMBLE Et,al. Defendants PROOF OF SERVICE I Derrick Mckinney #DT-7715, hereby certifies and says that he has on this day 4-11-06 and manner indicated above served a copy of this Plaintilff's Request For Relief on the following person(s): PROTHONOTARY Curtis R. Long CUMBERLAND COUNTY COURTHOUSE Carlisle, Pa. 17013 AND Office Of Attorney General Civil Litigation Section Amanda L. Smith ID#86316 15th Floor,Strawberry Square Harrisburg, Pa. 17120 I Derrick McKinney #DT-7715, certify under perjury that the foregoing is ture and Executed on -0C (Date) the penalty of coqprect. (Pa ntiff f ) NOTARIAL SEAL ESkippack NCE J. hUDWIG,t county Towns P, res Dec T? 2008 mission ExPi cry cV ?- .. ?__ 65 ., LIJ f..L ' f_t Cl 'A LL 0 .-m G:a C= ?"' r , IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04-1013 V. Civil Action ROBERT GIMBLE, et al., Defendants MOTION FOR EXENTION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S AMENDED COMPLAINT AND NOW COMES counsel on behalf of the defendants and submit the following in support of the hearing requesting relief. 1. Plaintiff is a pro se inmate who filed a complaint against the defendants on April 6, 2004, alleging that they violated the Political Subdivision Torts Claim Act, Commonwealth 42 Pa.C.S. §8542, for alleged destruction, theft and confiscation of his personal property. 2. For the past two years action in this matter has been ongoing relative to completing the discovery process. 3. On May 11, 2006, this Court granted a motion by the plaintiff to amend his complaint. r ? e J ? 4. The amended complaint was received by defendants counsel on June 7, 2006. 5. Counsel from the Office of Attorney General, whose appearance has been entered on the defendants' behalf (Deputy Attorney Amanda Smith), recently notified the office that she would be leaving and accepting a position with Weidner University. 6. On June 199 2006, current counsel was assigned the case to handle and received the case. 7. Under the applicable rules a response to the amended complaint is due to be filed on or before June 27, 2006. 8. Current counsel will need additional time to properly familiarize himself with the case, review the amended complaint, and research the applicable law to determine to what extent, if any, it is appropriate to file preliminary objections. 9. Current counsel believes that if a twenty-day extension from June 27, 2006, is granted by this Court, that he will have sufficient time to review and prepare a proper response to the amended complaint. 10. If the Court were to grant such an extension plaintiff would not suffer any prejudice. r WHEREFORE, defendants respectfully request this honorable Court to enter an order granting a twenty-day extension from June 27, 2006 to July 17, 2006, to prepare and file a response to the amended complaint. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General Office of Attorney General 15'h Floor, Strawberry Square Harrisburg, PA 17120 Phone: (717) 705-8580 Fax: (717) 772-4526 Date: June 22, 2006 By: 7??7 V???7 - TIMO . KEATIN Deputy Attorney Genera SUSAN J. FORNEY Chief Deputy Attorney General Chief, Civil Litigation Section Counsel for Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff No. 04-1013 V. Civil Action ROBERT GIMBLE, et al., Defendants CERTIFICATE OF SERVICE I, Timothy P. Keating, Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on June 22, 2006, I caused to be served a true and correct copy of the foregoing document titled Motion for Extension of Time to File a Response to Plaintiffs Amended Complaint by depositing same in the United States Mail, first-class postage prepaid to the following: Derrick McKinney, DT-7715 P.O. Box 244 Graterford, PA 19426-0244 7? ptp? TIMO . KEA Deputy Attorney General C7? RECEIVED JUN 27 8? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, V. Plaintiff ROBERT GIMBLE, et al., Defendants ORDER No. 04-1013 Civil Action AND NOW, this -:Ao_ day of June, 2006, upon consideration of Defendants' Motion for Extension of Time, it is hereby GRANTED. As such, defendants are given leave to file a response to plaintiff's amended complaint on or before July 17, 2006. C?? b ov :r. Q l) NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or ajudgment may be entered against you. Tim P. Keatit Deputy Attorney General DERRICK McKINNEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this 30`h day of June, 2006, come the Defendants by and through their attorney or record, Deputy Attorney General Timothy P. Keating and files the following preliminary objections to Plaintiff s complaint pursuant to Pa.R.C.Pro. 1028 and Cumb. Cry. L.R. 1028(c). BACKGROUND Plaintiff, Derrick McKinney, is an innate currently incarcerated at SCI- Graterford, who is acting pro se in the current matter. 2. Pursuant to a Court Order of this Court dated May 11, 2006, by the Honorable Edgar B. Bayler, Plaintiff was granted leave to file an amended complaint. 3. Plaintiff s Amended Complaint alleges that the Defendants are Commonwealth employees who, at all times relevant to this action, were correction officers at SCI-Camp Hill acting in their official and individual capacities. 4. The Amended Complaint alleges that the Defendants either misplaced or negligently lost with willful misconduct destroyed certain items of Plaintiff's property. Amended Cmplnt. pg. 2. 5. The Amended Complaint alleges that on or about March 18, 2003, and March 19, 2003, when Plaintiff went to inventory his belongings held in storage that property in the nature of legal pamphlets, legal books, newspapers, personal pictures, postage paid envelopes, exhibits and affidavits for the case of McKinney v. Guthrie et at. (Fed. Dckt. 4 1:01-cv-2008) were missing. Amended Cmplnt. pg. 2, para 5. FIRST PRELIMINARY OBJECTION Failure to Exhaust a Full, Complete and Adequate Non-Statutory Remedy at Law 6. Pursuant to Rule of Civil Procedure 1028(a)(8), a party may file a preliminary objection on the ground that the Plaintiff has a full, complete, non-statutory remedy at law. If an inmate has a grievance relevant to the manner in which their property is being handled or any other grievance concerning anything relative to their incarceration, they are initially required to address such a grievance and seek redress through the inmate grievance appeal system under DC-ADM 804. 8. Plaintiff has a full, complete and adequate non-statutory administrative remedy at law through the Department of Corrections grievance appeal system. 9. Plaintiff's Amended Complaint admits that Plaintiff is aware of such administrative remedy and that he filed a grievance about the correctional officers mishandling his property (number 47898 filed 03-23-03 that became official on 04-01-03 for number 48367). Amended Cmplnt. pg. 2, para. 6. 10. The Amended Complaint does not allege that Plaintiff exhausted his administrative remedy relative to the grievance process prior to filing the current suit. 11. Plaintiff has a full and complete non-statutory remedy at law which he must exhaust prior to asking the Court for the relief requested. 12. The Amended Complaint does not demonstrate on its face that Plaintiff is entitled to relief by this Court because it fails to allege that he exhausted his non-st4tory administrative remedy through the Department of Corrections grievance appeal system. WHEREFORE, Defendants respectfully ask this Honorable Court Preliminary objections and dismiss Plaintiff s Amended Complaint. Respectfully grant Defendants' THOMAS W. CORBETT, JR. Attorney General Date: 3d b? Office of Attorney General 15th Fl., Strawberry Square Harrisburg, PA 17120 Direct: (717) 783-1471 Fax: (717) 772-4526 BY: R TIMO KEA IN Deputy Attorney eneral Attorney ID#44874 SUSAN FORNEY Chief Deputy Attorney General Litigation Section DERRICK McKINNEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM CERTIFICATE OF SERVICE I, Timothy Keating, Deputy Attorney General, hereby certify that on this date I caused to be served a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Amended Complaint by placing it in the United States Mail, postage prepaid, first class, in Harrisburg, PA, addressed to the following: Derrick McKinney, DT 7715, Pro Se SCI Greene 175 Progress Drive Waynesburg, PA 15370 Date: 9 3CDI C(v P TIM P. KE G Deputy Attorney General Attorney I.D. No. 44874 4 ? ? ?.? -- < -? ? c ; : ?r , , T. _rt F, L? ?a ?._ `? _ ?' „_ ,? . 4 IN THE COUNTY OF MONTGOMERY,STATE OF PENNSYLVANIA DERRICK McKINNEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT GIMBLE Et,al. Defendants #04-1013 CIVIL TERM AFFIDAVIT OF TROTH I, Derrick McKinney #DT-7715, Affiant/Plaintiff a living breathing man being duly sworn, deposes, and declares and say (s) by my signature that the following FACTS are true, correct and complete to the best of my knowledge and belief and that any false statement made herein are subject to the penalty of perjury. On may 11, 2006 the Honorable Edgar B. Bayley, granted Affiant/ Plaintiff leave to file an amended complaint. In said Amended Complaint, I submitted to this court said Amended Complaint and as objection to the defendants' Motion To Dismiss. FACTS 1. I Derrick McKinney, Affiant/Plaintiff did Exhaust his Administrative Remedies Via the Inmate Grievance DC-ADM 804, policy completely through all appeal stages. 2. Defendants by and through their several attorneys all was Deputy Attorney General(s) Devon M. Jacob, Amanda L. Smith, and now Timothy Keating seek to defraud this Honorable Court by misrepresentation of the facts. 3. I Plaintiff Derrick Mckinney #DT-7715, filed the following grievance; (CAM) Grievance No.#48367 and No.#40441. Grievance No.#48367 was filed in regards.to my Personal Property, to which I was given several DC-154A Confiscated Items Reciepts and Personal Property Inventory Forms and for Grievance No.#40441 was filed in regards to my missing Bankbook that was in the possession of the S.C.I.CampHill Business Office. both these Grievances were appealed to the "Final Review" stages by me after receiving unfavorable responses pursuant to DC-ADM 804 f I. A IN THE COUNTY OF MONTGOMERY, STATE OF PENNSYLVANIA 4. I Derrick McKinney #DT-7715, humbly submit the following documents as affirmation of Exhaustion, as Evidence and confirmation of the defendants' attempts of fraud and as objection to the defendants' Preliminary Objections and Motion To Dismiss. (a)(1) Final Review to Grievance No.#40441 dated February 24, 2003 signed by Thomas L. James Chief Grievance Coordinator; and (2) Final Review to Grievance No.#48367 dated July 30, 2003, signed by at that said time Sharon M. Burks, Acting Chief Grievance Coordinator; and (b) Xeroxed copies of six(6) DC-154A Confiscated Item Receipts (Inmate); and (c) One (1) copy of letter from 'Beneficial Savings Bank in regards to my Bankbook. 5. The defendants Via their counsel of record seek to obstruct Plaintiff pleadings and hinder my efforts to pursue the obove-captioned action by willfully and purposely forwarding their correspondences to me to the wrong address i,e. defendants counsel D.A.G. Timothy P. Keating in his objection acknowledges Plaintiff Derrick McKinney #DT-7715 is currently being housed at S.C.I.Graterford, see; BackGround(1) but he purposely posted his Preliminary Objections Motion via first class mail to Plaintiff Derrick McKinney at: S.C.I.Greene in Waynesburg PA. (attached photocopy of envelope from Timothy P. Keating D.A.G.). Plaintiff, hereby requests a Restraing order, ordering Counsel for the defendants to reframe from such practices of deceit. Executed and signed by me on in Montgomery County, State Notary: Subscribed me this 1Wp.1 this day of aU I` 2006 C.E. Of Pennsylvania #DT-7715 Derrick McKinney P.O.BOX 244 Sworn T B fore Graterford, PA. 19426-0244 day of J ? 2006 f`J -i C7 C. } VD DERRICK McKINNEY, Plaintiff/Respondent V. ROBERT GIMBLE, et al., Defendants/Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. (Judge Edgar B. Bailey) NO. 04-1013 CIVIL TERM PETITIONERS'/DEFENDANTS' PETITION FOR A RULE TO SHOW CAUSE ORDER AND NOW, this 21 st day of September, 2006, come the defendants/petitioners by and through their attorney of record, Deputy Attorney General Timothy P. Keating, and request that this Honorable Court issue a rule upon plaintiff/respondent to show cause pursuant to Cumberland County L.R. 206.4(c), Pa. R.Civ.P. 208.3(a) and submits the following in support hereof: 1. Plaintiff/Respondent is an inmate currently incarcerated at SCI-Graterford who is acting pro se in this matter. 2. The basis for the current suit is a claim that defendants improperly took funds from plaintiff s prison account and that defendants either misplaced or lost items of his property. See plaintiffs Amended Complaint, ¶¶ 1, 2. 3. Defendants filed preliminary objections to plaintiffs Amended Complaint on July 5, 2006. 4. The preliminary objections contained a Notice to Plead requiring that the plaintiff file a response within twenty (20) days from the date of service. See Exhibit A attached hereto. 5. More than twenty days has passed since service has been made and defendants have not received a response to the Preliminary Objections. 6. Plaintiff should be required to Show Cause why the preliminary objections should not be granted and judgment entered in defendants favor. 7. Pursuant to Pennsylvania Rule of Court 206.5(b), a proposed order in the form prescribed by subparagraph (d) of the Rule is attached hereto. WHEREFORE, petitioners/defendants respectfully request this Honorable Court to issue a Rule to Show Cause upon respondent/plaintiff to show cause why the Preliminary Objections to the Amended Complaint should not be granted and judgment be entered in favor of Defendants. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General BY: P(Q TIMOT . KEA N Deputy Attorney General Attorney ID#44874 OFFICE OF ATTORNEY GENERAL Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 Phone: (717) 783-1471 Fax: (717) 772-4526 SUSAN J. FORNEY Chief Deputy Attorney General Chief, Litigation Section Date: September 21, 2006 2 lx/? NOTICE TO PLEAD DERRICK McKINNEY, PLAINTIFF V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Tim h P. KeatiA Deputy Attorney General : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA r. 04-1013 CIVIL TERM DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this 30th day of June, 2006, come the Defendants by and through their attorney or record, Deputy Attorney General Timothy P. Keating and files the following preliminary objections to Plaintiff's complaint pursuant to Pa.R.C.Pro. 1028 and Cumb. Cty. L.R. 1028(c). BACKGROUND 1. Plaintiff, Derrick McKinney, is an inmate currently incarcerated at SCI- Graterford, who is acting pro se in the current matter: 2. Pursuant to a Court Order of this Court dated May 11, 2006, by the Honorable Edgar B. Bayler, Plaintiff was granted leave to file an amended complaint. DEFENDANT'S EXHIBIT i?r 3. Plaintiffs Amended Complaint alleges that the Defendants are Commonwealth employees who, at all times relevant to this action, were correction officers at SCI-Camp Hill acting in their official and individual capacities. 4. The Amended Complaint alleges that the Defendants either misplaced or negligently lost with willful misconduct destroyed certain items of Plaintiff's property. Amended Cmplnt. pg. 2. 5. The Amended Complaint alleges that on or about March 18, 2003, and March 19, 2003, when Plaintiff went to inventory his belongings held in storage that property in the nature of legal pamphlets, legal books, newspapers, personal pictures, postage paid envelopes, exhibits and affidavits for the case of McKinney v. Guthrie et al. (Fed. Dckt. # 1:01-cv-2008) were missing. Amended Cmplnt. pg. 2, para 5. FIRST PRELIMINARY OBJECTION Failure to Exhaust a Full, Complete and Adequate Non-Statutory Remedy at Law 6. Pursuant to Rule of Civil Procedure 1028(a)(8), a party may file a preliminary objection on the ground that the Plaintiff has a full, complete, non-statutory remedy at law. 7. If an inmate has a grievance relevant to the manner in which their property is being handled or any other grievance concerning anything relative to their incarceration, they are initially required to address such a grievance and seek redress through the inmate grievance appeal system under DC-ADM 804. 8. Plaintiff has a full, complete and adequate non-statutory administrative remedy at law through the Department of Corrections grievance appeal system. 2 9. Plaintiff's Amended Complaint admits that Plaintiff is aware of such administrative remedy and that he filed a grievance about the correctional officers mishandling his property (number 47898 filed 03-23-03 that became official on 04-01-03 for number 48367). Amended Cmplnt. pg. 2, para. 6. 10. The Amended Complaint does not allege that Plaintiff exhausted his administrative remedy relative to the grievance process prior to filing the current suit. 11. Plaintiff has a full and complete non-statutory remedy at law which he must exhaust prior to asking the Court for the relief requested. 12. The Amended Complaint does not demonstrate on its face that Plaintiff is entitled to relief by this Court because it fails to allege that he exhausted his non-statutory administrative remedy through the Department of Corrections grievance appeal system. WHEREFORE, Defendants respectfully ask this Honorable Court to grant Defendants' Preliminary Objections and dismiss Plaintiff's Amended Complaint. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General Date: .- b(? Office of Attorney General 15th Fl., Strawberry Square Harrisburg, PA 17120 Direct: (717) 783-1471 Fax: (717) 772-4526 BY: R TIMO KEA IN Deputy Attorney eneral Attorney ID#44874 SUSAN FORNEY Chief Deputy Attorney General Litigation Section 3 DERRICK McKINNEY, PLAINTIFF V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 04-1013 CIVIL TERM CERTIFICATE OF SERVICE I, Timothy Keating, Deputy Attorney General, hereby certify that on this date I caused to be served a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Amended Complaint by placing it in the United States Mail, postage prepaid, first class, in Harrisburg, PA, addressed to the following: Derrick McKinney, DT 7715, Pro Se SCI Greene 175 Progress Drive Waynesburg, PA 15370 Date: 9 301 0( TIM P.I G Deputy Attorney General Attorney I.D. No. 44874 4 DERRICK McKINNEY, Plaintiff/Respondent V. ROBERT GIMBLE, et al., Defendants/Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. (Judge Edgar B. Bailey) NO. 04-1013 CIVIL TERM CERTIFICATE OF SERVICE I, TIMOTHY P. KEATING, Deputy Attorney General for the Commonwealth of Pennsylvania, hereby certify that on September 21, 2006, I caused to be served a true and correct copy of the foregoing Petitioners'/Defendants' Petition for a Rule to Show Cause by depositing same in the United States Mail, first class, postage prepaid, upon the following: Derrick McKinney, DT-7715 SCI-GREENE 175 Progress Drive Waynesburg, Pa. 15370 TIMOTH Deputy A kNU1lerai C? ° -rt _ ?_ ro r' rst I DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this <3, k-6- day of October, 2006, the petition of defendants for the issuance of a Rule to show cause, IS DENIED.' By ,ge'rrick McKinney, DT 7715, Pro se SCI Greene 175 Progress Drive Waynesburg, PA 15370 ?/imothy P. Keating, Esquire Litigation Section 15t Floor, Strawberry Square Harrisburg, PA 17120 J For Defendants sal Edgar B. ' If the preliminary objections are ready for disposition they should be listed for argument and briefed. If that is done we will grant a motion to resolve the objections on the briefs without oral argument. a Cl) u 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pennsylvania DERRICK MCKINNEY Plaintiff VS. ROBERT GIMBLE Et,al. Defendants CIVIL TERM No. #04-1013 PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 10-31-06 and manner indicated above, served a copy of this motion and letter on the following person(s): Curt Long, Prothonotary Cumberland County Court Of Common Pleas One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 10-3-06 ?- (Date) (Plaintiff This certification is executed pursuant to title 28, United States code, section 1746. #DT-771 5 Derrick McKinney S.C.I. Graterford P.O.BOX 244 ?KAF Graterford, PA. 19426-0244 f7 ,J1? 3?? ??? EAL , Notary Public Dim omery County March 16, 2010 C?l 'III'-' :r IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (Judge Rambo) AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mckinney VS. Kelchner Et,al. 1:05-CV-0205 AND Mckinney V. Guthrie Et,al. 1:01-CV-2088 (3rd cir.#02-1620) AND Mckinney VS. Gimble Et,al.#04-1013 NOTICE OF ADDRESS CHANGE I Derrick McKinney #DT-7715, comes before this court with a Notice Of my Address Change I'am now at: S.C.I.Graterford I was being housed at: S.C.I.CampHill. So please see that all my mail be sen't to S.C.I.Graterford I Derrick Mckinney #DT-7715 Plaintiff hereby certify under penalty of perjury that the foregoing is true and correct. Executed on 10-16-06 (Date) r Signature Of Plaintiff NEW ADDRESS: Derrick McKinney #DT-7715 S.C.I.Graterford P-0-BOX 244 Graterford., PA. 19426-0244 Swom to and Sufis f abed NOTARIAL SEAL b6?019 7!day sidLAWRENCE J. LUDWIG, Notary Pu?'?c p?/ 20 Z? .D. Skippack Township, Montgomery County My Commission Expires Dec. 7, 2009 ..?. ?, ryu I /• q?% IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA (Judge Rambo) AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mckinney V_ kelchner Et,al. 1:05-CV-0205 AND Mckinney VS. Guthrie Et,al. 1:01-CV-2088 (3rd cir. 102-1620) AND Mckinney V. Gimble Et,al. #04-1013 PROOF OF SERVICE I Derrick McKinney #DT-7715,hereby certifies and say that he has on this day 10-16-06 and manner indicated above served a copy of my Address Change and Proof of Service on the following person(s): CUMBERLAND COUNTY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE Carlisle, PA. 17013-3387 and Timothy Keating A.D.A.G. 15th Floor Strawberry Square Harrisburg, PA. 17120 This certification is executed pursuant to title 28, united states code,section 1746. Derrick Mckinney #DT-7715 P-0-BOX 244 Graterford,PA.19426-0244 Executed on 10-16-06 (Date) ( ignature of Plaintiff VNOTARIAL SEAL Sworn gry subs Pl' LAWRENCE J. LUDWIG Notary Public 20 before Skippack Township, Montgomery County of ?.fLMy Commission Expires Dec. 7, 2009 Publi IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY Plaintiff VS. ROBERT GIMBLE Et,al. Defendants Mr.Curtis R. Long, Prothonotary No. #04-1013 Civil Action My address is S.C.I.Graterford P.O.BOX 244 Graterford PA. 19426-0244 Please see that all mail come to: S.C.I.Graterford P.O.BOX 244 Graterford,PA.19426-0244 Executed on 11-22-06 ate (Plaintiff) CA 04 t- o .? O Yr}y. i ? r McKINNEY VS. KELCHNER Et.al, 1:05-CV-0205 AND MCKINNEY V. GUTHRIE Et.al, AND 1:01-CV-2088 (#02-1620 3rd) McKINNEY VS. GIMBLE Et.al, # 04-1013 PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 11-22-06 and manner indicated above, served a copy of this motion and letter on the following person(s) Curtis R. Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle,. PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on It (Date) This certification is executed pursuant States code, section 1746. #DT-771 5 Derrick McKinney S.C.I. Graterford P.O.BOX 244 (Plaintiff ) to title 28, United Graterford, PA. 19426-0244 Cj na rTl t z, fix- CO ..: w tV .?7?i 9 rwuv; . ? 4? ?;?% ?!. ]?" ,y' by ? ••T "` WSJ ?. f ,aMI??Y 'vIWMY' i? "F^ q f (0 Yy? ' Or ..?.? ` F a ?a .??'}{, { N4F ' Inl"n1?C 4? • „? ?..'Yki I4??.-. ? ?y ..rr? .?'n09?- ? ?1. ;0 ?Y'? .'? ?7/' ?.;,r?' x WRU` . `?K,... , Ayr ov V, re .d" S' P AOO-Oe? F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DERRICK McKINNEY Plaintiff CIVIL TERM VS. ROBERT GIMBLE Et,al. Defendants No. 04-1013 MOTION FOR A CIVIL DOCKET FOR CASE McKINNEY V. GIMBLE: #04-1013 I Derrick McKinney #DT-7715, comes before the Prothonotary Curtis R. Long for a DOCKET REPORT I Plainitff is enclosing $1.50 for said Docket Report for: Mckinney VS. Gimble Et,al. No.04-1013 I Plaintiff Derrick McKinney #DT-7715 is being house at: S.C.I.Graterford, PA. 19426-0244 P.O. BOX 244. Must use inmate number for all mailing #DT-7715. I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 2 -a. 3 - 0,0' (Date) C ?- (Plaintiff) #DT-7715 Derrick McKinney #DT-7715 S.C.I.Graterford P.O. BOX 244 Graterford, PA. 19426-0244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Derrick McKinney Plaintiff VS. Robert Gimble Et,al. Civil Term No. 04-1013 PROOF OF SERVICE I Derrick Mckinney #DT-7715, Plaintiff hereby certify that I'am on this day 2-23-07 serving a letter to: CURTIS R. LONG, PROTHONOTARY Cumberland County Courthouse One courthouse Square Carlisle, PA. 17013-3387 This certification of Proof Of Service is executed pursuant to title 28 United States code section 1746. Exected on 2 _z3 -0 (Date) Signature Of Plaintif #DT-7715 Derrick McKinney S.C.I.Graterford P.O. BOX 244 Graterford, PA. 19426-0244 C`? ?' ?i c? alt`. . ? ??? ??? ., .` f?? .-, 4 t? _ t . ; ? _`,_ S` 4..,? Mu+?? ?-v ?? T ?? ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYYANIA DERRICK McKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O KLINE AND C/O LEHMAN MOTION OF ADDRESS CHANGE Plaintiff Derrick McKinney #DT-7715 is being housed at: S.C.I. Graterford P.0-BOX 244 Graterford, PA. 19426-0244. Please see that all mail gotoo S.C.I.Graterford, and all correspondence must have inmate number. Date: 3-5-07 (Signature Of Plaintiff #DT-7715 Derrick McKinney P.O.BOX 244 Graterford, PA. 19426-0244 AINAVTaUKSq.YTMUO3 UMAJSZSNUa 30 "14q ROMM07 qO TXUW SUT Ul MAST ,IXYID YRNMIXOM ADIAASU 33kjnistq .'all ELOL-AO# ?T3AWUOIM SHIA18 SJSMID T93809 HAMHSJ O\3 UNA Mix 0\0 ? rtA1 ism 10 NOXVoM .I.00B :Is beau©d pnxsd At &ITT-TQ# ysnail*M AnLxxsa 3313nLsLq 06410--8SAQL A4 ,6la3393620 b4& XOB.Q.q b%03193610 LL6 bas .bYa3zsfsYa.I.7 «8 0010P Item ILA 3sd3 ssa see soiq .jsdmun sjsmni avsd 3aum s3nsbnoga',3,xcO sb- 4-9 $ *sea k Saa-Olq to •Yw3"Qaa) ZLVT-TQf Ysaallun tolziea "C XOS.O.q "90-09"L AS ?b3037[s36'sa IN THE COURT OF.COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DERRICK MCKINNEY. CIVIL TERM VS. RVx GIMBU9_1:-A3LAINE STEIGERWALT, ` #04?-1013 C/O LEHMAN, - AND 4.E/O `KLINE PROOF. OF. SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 3-5-07 and manner indicated above, served a copy of this motion and letter on the following person(s) Timothy P. Keating#'-_.__ Esquire Civil Litigation: Section:. 15th Floor, Strawberry:Square . Harrisburg. PA., 17120 t AND. Curtis R. Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 3-5-07 R G (Date) (Plaintif ) This certification is executed pursuant to title 28, United .States-code, section 1746. #DT-7715 Sworn and subscribed Derrick McKinney before me this ?Omterf ord _ ?c K ay of kNA Q 1t 2007 -b `-- . •CT:`BOX 244 r°a`tiezford, ,•> -14'426-0244 NOTARIAL SEAL ? PATRICK J. LAVIN, SR., Notary Public NOTA P L C Skippack Up., Montgomery County My Commission Expires March 16, 2010 ° n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DERRICK MCKINNEY Plaintiff VS. CIVIL TERM ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O LEHMAN, AND C/O KLINE PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day and manner indicated above, served a copy of this ng9ti9q and letter on the following person(s) Curtis R. Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on (Date) (Plaintiff) This certification is executed pursuant to title 28, United States code, section 1746. #DT-7715 Derrick McKinney S.C.I. Graterford P.O.BOX 244, Graterford, PA. 19426-0244 °C1 Ck ' ? • co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DERRICK MCKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O LEHMEN, AND C/O KLINE Defendants MOTION TO CORRECT ERROR I Derrick Mckinney #DT-7715 Plaintiff, comes before this Court Of Common Pleas Of Cumberland County,Pennsylvania with this Motion because of the error that D.A.G. Timothy P. Keating had made in light of Plaintiff's Bank Book. Plaintiff Derrick McKinney obtain a new Bank Book from Beneficial Savings Bank in "2003" when Plaintiff was no-longer at S.C.I.CampHill, I Plaintiff Derrick McKinney was being housed at: S.C.I.Greene on June 91 2003 said bank had gave Plaintiff a new Bank Book. See exhibit A_ The Bank Book in question would have been the (2on) second Bank Book that would have been lost by said defendants. The Bank Book that was so-called found was new account number # 2101013777. Derrick McKinney #DT-7715 Plaintiff, old Bank Book account number #0101318013 was never found and Plaintiff had to get a new one. Plaintiff will make a suggestion for S.C.I.CampHill Business Office, to do as S.C.I.Greene will do every time Plaintiff would use his Bank Book when bankbook would come back along with Plaintiff Check they will give Plaintiff Derrick Mckinney #DT-7715, a DC-154A Confiscated Items Receipt(Inmate) please see exhibit B. No.A 535143. Date: 4-19-07 (Plaintiff ?/ Beneficial SAVINGS BANK 530 WALNUT STREET PHILADELPHIA, PA 19106-3696 215-864-6000 June 9, 2003 Mr. Derrick McKinney DT-7715 175 Progress Dr Waynesburg PA 15370 Dear Mr. McKinney: -00?r 4 '-1 - ? I iz- A ? As requested, we have today transferred the $123.99 balance in your savings account 0101318013 to new account 2101013777. Your new bankbook is enclosed with information pertaining to your new account. Sincerely, Special Service Dept Enclosures 2003 • Menu ber Federal Deposit lnsura nce Corpora t i o n 3 Beneficial SAVINGS BANK 530 WALNUT STREET PHILADELPHIA, PA 19106-3696 215-864-6000 June 9, 2003 Mr. Derrick McKinney DT-7715 175 Progress Dr Waynesburg PA 15370 Dear Mr. McKinney: ?r?,-6,f A. As requested, we have today transferred the $123.99 balance in your savings account 0101318013 to new account 2101013777. Your new bankbook is enclosed with information pertaining to your new account. Sincerely, Special Service Dept Enclosures 2003 YEARS 1? All, 15, Member Federal Deposit I n s u r an c e C or p or at i on Beneficial SAVINGS BANK 530 WALNUT STREET PHILADELPHIA, PA 19106-3696 215-864-6000 June 9, 2003 Mr. Derrick McKinney DT-7715 175 Progress Dr Waynesburg PA 15370 Dear Mr. McKinney: -Oe? ? I - ? I i/- '4' As requested, we have today transferred the $123.99 balance in your savings account 0101318013 to new account 2101013777. Your new bankbook is enclosed with information pertaining to your new account. Sincerely, Special Service Dept Enclosures ,; too3 15A M e m b e r F e d e r a l D e p o s i t I n s u r a n c e C o r p o r a t i o n Beneficial. SAVINGS BANK 530 WALNUT STREET PHILADELPHIA, PA 19106-3696 215-864-6000 June 9, 2003 Mr. Derrick McKinney DT-7715 175 Progress Dr Waynesburg PA 15370 Dear Mr. McKinney: ? 1.? li4 A , As requested, we have today transferred the $123.99 balance in your savings account 0101318013 to new account 2101013777. Your new bankbook is enclosed with information pertaining to your new account. Sincerely, Special Service Dept Enclosures 2003 15' M e m b e r F e d e r a l D e p o s i t I n s u r a n c e C o r p o r a t i o n i . ? o Z Z. ? o Q h'7 .y W• a 0 .0 O LL =O JZ d W >W Z? _ ,t U ? O r< L W ? cn t? ? LL O U v ? E co ? f/1 V CV d' c0 co T N oa Z o 1.0 o a) o m V? U o C oMU) U M s ? 6 4? '? O O N r-) Lf? v ? O -- M z a?iy> U (B 1-1 cu Q E cu v°O acv ? v ? ? ¦ U © Z em.. A`` W Q U C co [ ? ( cc ? ?? ?i ? ? ? T M ?•C) I` O? ?J ?J a) E C M r.,??1Yr3,?,f?!.f.:R 1:•?y:'•?S?l.,i:a I`?f ?` ?.?' •.I ?.\' .,,.r N ' o f ??.,\ fJ ? ? , O ? w Z Z ' Q (.? O J a z Ep off. 10 L 1 O ? .D J Z d c? W L, (v Z? = t U O a w O ? ' U- c ? y G? E o U N ^ `' E N ?t (O co O ? ? O o z y ? ? O -+ + V C O H '+r U m •cn U) t U - - O ? C O ? Rc , U 0 N C L ? ?1 U L L U ca U t? w O O v a) = N LO 2 ` 05 o U i F- (Y) z (1) > `- `-' ? cu c co _ D E ' E cu a (D co E - a) a) • 1 p Z Z ?-- a C O ca 4) > U 0) /? ? ? r M L n 1 ` U) 'l t C , , '?b } 1 . r ,. C . a r , C N N ca , c ca L r r r' 1' ?k.? ' 1 , • < rl: ! ? t f" . • SIT ? , W C co - Q O N '. j < f y1 41 r { 4j 0.r - .L 1 ? r , r ? F l ? `/?c.T'.a ?'7; ?1'tic.St• 'fir ?: • 1 . , 1 1 Y L t v ?. r ti ' r r i i I ?• ?1c r t . •/ icy'. ••r r?4^iJf?Y? 'ran .??? r` ,,yak •??.??. . C O a U) ? w H Z Z O • 5 Q H \ '? ? LL) J W. 0 10 N - LL l O LL O Q W; w c ~? Z ? U C<L O ._ W a ii y? E O CD \J N ?? U cNi ? t co ao O Z C, 4- ?J L ?k W O .4) c () `V S .Cl) N { :3 D - $ (n O CL O 2 M Cl) v U O d U A U U ? v \? -? O. (Y) L- U) O O ` N U % j O v O f- N F- L O M CC z ( r LO U) Cl) +_• ?.. cu m Q 0 0) L U p Z z r- c ? a? > of C m C 0) cu c 0) Q 0 r `M '+ Uj 1?' VJ v1 ? t C ? I t F t. \ C'7 I. c a? N c I Q N T U .? i- fi - i ' ? w :'Ir ? t ce s? Y a 4 r v ??x r T' x- • f t• i f ? r C O O Z Z, ? O '' J ? \ ? U h7 Q a` U) W. Z a O 1. o . LL ? 00 Q W ? W Rf O -? Z? O Q w i? LL ID V ? E O N U N 4 CO o6 +I O }, U _ OQ O Z O co O V h ccnn cn N t 0 r a O ? cu cu U) c j U ? CL • L L fA 6 v I,? J O O O N co t ` CO C o 0-L I- F- M z (1) C/) ca LO cu Q E V Z 6 C C O W ' m m ca ? p ? ? T M L6 ti Cn 4 r ,+ e• C ?? , ? M r c N c? cu a a , d N N ri •' U ?'rry4 ,.C..-. _ ,_ . Vii' '''.;. ,•G.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DERRICK MCKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/0 LEHMAN, AND C/O KLINE PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 4-19-07 and manner indicated above, served a copy of this motion and letter on the following person(s) Timothy P. Keating, Esquire Civil Litigation Section 15th Floor, Strawberry Square Harrisburg, PA. 17120 AND Curtis R. Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 4-19-07 (Date) (Plaintiff) This certification is executed pursuant to title 28, United States code, section 1746. #DT-7715 Sworn and subscribed Derrick McKinney befgre me this S.C.I. Graterford P O B OX 2 44 G?"? day ofd 2007 =PPATRRICK 19426- 244 , SR., Notary Publ ic ontgomery County pires March 16, 2ot0 NOT RY P 7 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff Civil Term No. 04- 1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR SPECIAL INJUNCTIVE RELIEF BACKGROUND In January 2005 plaintiff filed a federal action alleging, inter alia, that SCI-Camp Hill guards beat him in February 2003, while being escorted back to the Special Management Unit. See Exhibit "A". The matter went to trial, at which time plaintiff was represented by counsel. See Exhibit "B". During that trial plaintiff was housed as SCI- Camp Hill.' The trial resulted in a judgment being entered against him on April 3, 2007. See Exhibit "B", entries #150, 151. Plaintiff filed this action alleging that corrections staff confiscated and/or stole his property. Preliminary objections to the complaint are outstanding. Currently before the Court is plaintiff's request for a special injunction asking the Court to enjoin the Department of Corrections ("D.O.C.") from ever housing him at SCI- Camp Hill. The basis for the request is that he allegedly has been, and will be, mistreated if placed in that institution. Plaintiff claims that he has approximately 30 witnesses lined 'Plaintiff is currently incarcerated at SCI-Graterford serving 6.5 to 13.25 years for aggravated assault. up to testify in this case and wants to be housed in either the Cumberland County Prison during the trial, or the Dauphin County Prison. Without going into plaintiff's claims of alleged mistreatment at SCI-Camp Hill (which defendants vehemently deny) defendants maintain that plaintiff is not entitled to injunctive relief. LEGAL DISCUSSION An injunction is an extraordinary remedy, which should be granted with great caution. See Schaeffer v. Frey, 403 Pa. Super. 560, 589, A.2d 752 (1991). Moreover, the issuance of a preliminary injunction will be denied where it appears that the right to relief is not clear. Anglo-American Insurance Co. v. Molin, 547 Pa. 504, 691 A. 2d 929 (1997). A court of equity will grant an injunction only where the rights of plaintiff are clear and free from doubt and the harm sought to be remedied is great and irreparable. Harsco Corp. v. Klein, 395 Pa. Super. 212, 576 A.2d 1118 (1990). In the case at bar plaintiff is asking for a permanent injunction, not just a preliminary injunction. In order to establish a claim for a permanent injunction, the party must establish his or her clear right to relief. However, unlike a claim for a preliminary injunction, the party need not establish either irreparable harm or immediate relief and a court may issue a final injunction if such relief is necessary to prevent a legal wrong for which there is no adequate redress at law. See Mitchell's Bar & Restaurant, Inc. V. Allegheny County, A.2d _, 2007 WL 1468714, citing Buffalo Township v. Jones, 571 Pa. 637, 813 A.2d 659, 663-64 (2002). In the case at bar plaintiff certainly does not have any legal right to the requested relief (he does not have a legal right not be imprisoned at SCI-Camp Hill), nor is 2 requesting this Court for such relief appropriate. If plaintiff has valid reasons for not being sent to SCI-Camp Hill then he should petition the D.O.C. addressing his concerns. The Department of Corrections has in place very specific mechanisms to address these types of situations (i.e. situations where inmates request not to be housed in certain state prisons because of fear of staff at the particular institution and/or fear of other inmates housed at the institution). In the event that that the D.O.C. would deny plaintiffs request not to be sent to SCI-Camp Hill at any time for any purpose, plaintiffs proper appellate judicial. review of such decision would be with the Commonwealth Court of Pennsylvania because it directly concerns a decision by an administrative agency. To hold otherwise would invite inmates to circumvent the policies and procedures of the D.O.C., as well as the judicial system, by petitioning county courts for injunctive relief concerning where they should serve their state sentences. CONCLUSION For the reasons stated above, plaintiffs motion for injunctive relief should be denied. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General BY: P (?? Office of Attorney General TIMOtIOV KEATI G 15th Fl., Strawberry Square Deputy Attorney General Harrisburg, PA 17120 Attorney ID # 44874 Direct: (717) 783-1471 Fax: (717) 772-4526 SUSAN FORNEY Email: tkeating(a?attorneygeneral.gov Chief Deputy Attorney General Date: July 9, 2007 Litigation Section 3 FORM TO BE USED BY A PRISONER IN FILING A CIVIL RIGHTS COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 77 /S (Inwate Number) (Name of PbindM S. OX. CA I-% 1CPL'l Q. Uo)C DO . (Address of Plain vs. . /?itnLlDEA-- n r.1 ?T _ _A L'Z, ,eF : o S cd.WA-C4 ames of Defendants) +r?, UkA Q444.0 (Case Number) COBIPLAINT TO BE YMM UNDER 42 US.- 119,3 . STATE OMMIS 2= US.C 11331 . FEDERAL OFFICIAIS L Previous Lawsuits FILED SCRANTOnj JAN 3 7 2005 PER EFU?yCL.??{ A. If you have filed any other lawsuits in federal court whilc. a prisoner please list the caption and case number including year, as well as the name of the judicial officer to whom tt was assigned: .UC b ` . _.r- 1K ?G li . •nAh- G?_ H?YOn ?ieer+\ ...r/._ C4' & ? No.'s /: C y - 0 (- 2 o se A ? (42--/(.20 34 :R 4 H. II. Exhaustion of Administrative Remedies A. Is there a grievance procedure available at your institution? Yes No - B. Have you filed a grievance concerning the facts relating to this complaint? Yes No If your answer is no, explain why not DEFENDANT'S C. Is the grievance process completed? Yes No iBIT Defendants (In Item-A below, place the full name of the defendant in the first blank, his/her official positlon in the second blank, and his/her place of employment in the third blank. Use Item B for the names, positions and places of employment of any additional defendants.) A. Defendant do Al d- L --,C E I G LAi E'(E' is employed as St.?i0Ei2inl Ex3dCE.J`T' at Sc= CA4W4( (_(P4. Zak 2oa B. Additional .- 9'/ 1?(( Ca?e'?c?'?o.t}.c.( d??'c Fres a?clE`c? C?6 ? ? r,+? ?e2e?' IV. Statement of Calm (State here as briefly as possible the facts of your case. Describe how each defendant is invohv4 including dates and places. Do not give any legal arguments or cite any cases or statutes. Attach AlF.- sheets if necessary.) 1• rl?,•s _? o•J a {'; ra 'P,,?,cr u,.N'?' '{ts ?l2 (,?sc ? r?83 ?; /c- !? ti s'E?? l?rtea?R -? 26 ?? 4 l3?? ,?•.iQ I3Y3 ,Es r.?'((,?r "?r.?2r`NQ''F.c.? lf..?oe ?(P i.cc d z?or .cam 2sa7. Al 0 .4t;?30 A'r, 2003 1t(6 ^&h 2-0-07.??3d o2-<G 20 3 ciR crS ?E`c rt'i vF-(/ 3. -7,;r?-04/{ FS C O RCE-V_ jroK rA t?o%C ?? (1l• .ur:v r / I W L-. ?rC ! . (J r- r1'p 'O L`/Q A3 t A LIC f- ., gl. Sabo k- ,&Qk Cl0 [.tyl7?CN?? C %A _ c (,l Ee k, 4s p ?A, 2-,J l,L- OA 2 5-?ti-f r,?cF,?? 6F ?. ? IJL le (?J `, (r` S Wks s ^iOL /p? C l6 N f k Aw , ( ?A Ir j Oa+ 7°E`B T46- Q ?'F,`cE Q s. OA t0 S 11 i T?T /,L<tikF CL b CV?lfE?1 ?E i.Jn n !Fa 1 /' a 6 ?Cct?'?iC loAc/' Ilti1 leLLK +0 CA K Q qr, l s 5.,--t-U ,.<i,-I; ca ,o%x,ole w,cs O ? s`t5??f W kE-z 4e- C,tiKC' Gl1 r 7K G,/O S,a 00 k /l,5k . C (/d G C7eNE]e E C,kLA- ? c?o tx OFF w?• w&s ?E1Eie:ck" / ll.:?,??F c ed? onl -(?cF- ?6AS k- RtC' i ? 0? / ?OOT A-J- ,,a ti S r %?t c l ('?ic.J E 0 c? 5 ( ?O u E ? ?v.S 4j, ? 08 k S;;e ??"Fl?r tt !C ?''CE ;AN t F (OA-CA OF /4) A(0A>S Gt}i?c ? /c}(A?,kole:F- ?-?OFit~?L?1??1 ?OE:a? f'tiT Gt??TIiC ?0 SEdL ?FTS-fS Cl k CU S 5'tLiLl'L?i-U (( T fdu ? R Shay lac&R CASE OZ oz (6?0 3' c?R). G . "t /15 5 r n1 i'l0 ?12.?c ?.t ,t C - O I it S ??c?E' 1?? - iA S ?oti2 4OF (?i E QFFr'cepq- S -fo (?E O l ` (A1'4'1 r to VFletePCe ??a,?rE1 1,?,,,-?;?? c??s g?e???F? ?/ ?c(? s.?• dFficm 7. C (I<I n1 T l ?? ?E1?`?Ci C /???? i.1 n1 E / -e. rxF4 S rOd ULr AalQ, C,v ,?-t-c F C ?o S X100 g e +040 /6<o 4A.K^l4,? # C f.4, - 0 f Y 3 CF(( Z}2?6 S??ra? ?oce?e NFfC1 co?ea ?of? po -? 4em- /A a e5 ? ? FFqAk S S i ? /61?0 k CCC O?f.cER SNoak 0ti1 -{?4.-v $A.-4F ??c1 2-Z/-o's• .p L f ! K i S W?? ?tOG? ,oL IAi.J,( i (r-F ee?ei c,?' ??i? /%?n??? Uj & S Al /E' '-o r IE- 9lei F vNlcE' Wir f%l dA-C S- ,k,FM/EdQ 7?'C.IES' - '? SEA A- !.L (ate Si ?K G ( • COtJI'°? Na+ Sic c&(( S(% T?QD•,c xfa 10A, s F-6 I,Kt /tt E7e Out ti1 ]ecl!?(? iC CS o . nr`FX.. "{a "{?([?r 'jai • ?? /l) ute S E' ??? t?aE' ?o u-C .< 5 6iF' s.,; rw?S S??r t.j?)o ?M. S;c 9 t-,34 f A-AlAQ ?C. 4 A) Fe i?ocp WerJl ?j C67eC??X? ?FC (r%,G ?7e ??'?t??E`X? ?R Ell??C ? t O FR W a f4z k? 13ic l&^ co-k % S s4kc S o A f a o4ek S(l?C S /l /L(A,J !?? /?? /l ?? ? /? r` { Gc1.?S !o E• :? D '?i?.?-c ?o Ec2 t.?f r'?t a -- J QLA ?t.(,'SCO.c?cTS S,?• Q d r'? Erb s c(b ic3 n ?a ie iwQ Cofoo?' r C / ??r.?]??E AA-,Q t-? i-c'-SC aA-N-QUc-f-,s " C /?N? SGI Elm l E.J??.J? /LL17 iC ?C. A, r )?'-a Aok u c-t c Fees 12.VkiA+if-'F UO ?? & (so vb i ceQ ? (`s A4, (Al I,3 ?s ?T ?F (Cl? /?'<</"C'a??E ??i?r?l"Cif iiS CaiclS???W TI 4-o 11 nn g d??rc?? low ?a?F `?cE- ;ucT p c Cu,? - 0 A- fC,? fl:Kitl?llL?? GZS?C?GL?7-lam /??a? /??pyt??,S 7a: E'd? O ?p?.l?COaS ??E,i S O CG /.W? CO (J.i (E r V+W r? AAJQ CAN[ f t S-6?s cow A?ryc(s tie -74F- c-; yeca-*/ 7-('A? Sure, row-6- a ;z J V. Relief (State briefly exactly what you want the court to do for you. Make no legal arguments. Gate no cases or atatateL) 7C;4w-c?- A 4&4- -OVea- ?c ' LIO 2. . ,F. 1 , , • / , r- % J 3. Signed this ! day of 6 V (Signature of Plaintiff) - I declare under penalty of perjury that the foregoing is true and correct. (Date) (Signature of Plaintiff) 3 PoeO-,Orle. AA3V 11 4A 4'. ACKNOWLEDGMENTS COUNTY OF CUMBERLAND ) SS: COMMONWEALTH OF PENNSYLVANIA) On this, thcaO-?- day of 14'-/ 2004, before me a notary Public, the undersigned officer, personally appeared +J &x,-,ek, - Z77, known to me ( or satisfactorily proven ) to be the person whose name is subkribed to within instrurnent, and acknowledged that he executed the same for the purpose therein contained. In witness whereof, I hereunto.set my hand and official seal. Notary public NOTARIAL SEAL Manuel Velazquez Notary Puhlic Camp Hill, Cumberland County . . My Commission Expina April 18. 2001 eA3 -E? c ? lam/ s AA, s o?- Cp f ? ,U UE o ,? r ? , N d ? ? ? ? Q d U tinent d Justice - Llf. ,4A4 trice' A VI -y ?`AESM ON, tw IPA. .• ' ' ',fit <<r: tom:. r7. - _ ... .. ?,. n''t?.?. _, . .ln. ?.Xt?k ? ??'!L? , . .. ,.' .at"`: - ..... ;I , ?aepvtx ? a SPEEFAtr i9dl1tftnDwi?'& OTH(W IIQFORti/'ArON44iAT WILL ASSW tN'&PIR'l17114(3 5 ITde ' Addrasaa, A!t Sln aa; -' Illaakld rimes-.Avg r 9errice):, ?x r *? AOW. SSdO AALL' COCo?1WIE OCwR SW' WJM A* Os in mr ?1 txsvici e on bettatf of: FI.AlPTl1FE min 1 6" ? err 'BA:.'E ?. t'1aV11fr1 TC - y _ _ taglGl 4 L/l¢[R'a x ]IIR*C or *k IPM, Dime ..:.i.?+ X ' naasber bf fhigirc. to Seryt3` oEttrvi =qx t ltat?e .erved. vt<le' rd* antpe ^J, oorpnratta4: alttit ttddross-shown above or on the mdtviduai, companp:-corg, b?ebw , -. i?l(i..rr.?r . ?? i ?, : i ,?aw^,wwiYt.?? ri. 'I M - 1 -+ll ? i -•--+,:.. I Awe6)r rani;r and rstttrn that 1 am umbie to locate the individual, con aqy corporation; tic: nam.f&tve (See tt ; below) Name. mid utte_o-_igdividual wyed {if as sbown above) A ptat t of Wipbk age and 46- in the defendant's - - - ? crenon.tka tet441. usual vim of A?*w (-U pft efil '. iraffatnt#m A thawA ,above) --- Doe or se &r,.** lime am - • _ _. - .. - -- - SigaKm bf.t1.S. "hWiW ar Dwv;y dRdiard ... --. -? ?_ pow uat ,; 7- ?7 Yy^ punent of Justice fil"T t.3: I `' _ ? , _? gr.. mice _ - ::..?°rsir'faw?„?• ?_ ?A . ?llstid r ` 7 .CASE •NUIttMR "- 7 _ TRW ?CQ-a - . ` .5&;ADESCR OR COFAD$MN Cim Z71• " ' •"•` ." ?. ;"' ?r? .. ..?? w!a?:?!? ? ,.,,,? 3i-_? "fi of ? - .mot s r A1ttmQdttnf pa a . L C-A ????1 .r ???-?I?!'r??arZ N,i...,y? w?? ???? ??,.d Yw i.fi?i?" IR• ,.'A ' .. - 1" t libN`" OT11`t ATIR I THAT WB_I IrSSIST'•l f' ChLDFk O ASE kpipns A IMa?' •tl?lf w 7iioty AtA 1611E " +f ar' i vials _ ?r, . ?•QO ?• J?dAvtM'Oatfk'?lc OF "1w, FqId y ;. U [/ 3r '/ ' SijaalMx:4[ Ieb of 0ftelf of: e , t k •'? MNT? p t: JAI- ?. _ : Date' "An"fi ANNMN ttltaa• ?ri?al}?#1 - -? No. _.z . Fe q I aetvect - Ve d C1H ACtVICti oM1dtr,i d?vit?ttal, t?atpuey, corportt#W=...arthe address shown above or on the individual, company'" _ eto+? ©[ hetebY caeti y ttnd taaten that 1 am amble to locate the individwl, cnrnpanY, corporation, etc.. named 1_,cve (See n;marks below) Name and tide of individual urve0 (ff am shown above) A perms of meltable age and dis- 0 ctetion.dmn tealAMj in the dahnd"s usiW Place of dtDde. i?dtlnt?a (s+at tleEe atNy. ilQll9arant%rltr+ aitntio• brave) Date of Service iYTme am Pm" . acmcs roe Atttat agttwhe KII :111 wanent of Justice qk- NK .. ?'- ESC "'- I I GK) ' ? . ? o? ca ©ee?rf Y_ !P F...r , f s2. ., r7vp 9 -77 ? L l ;,d ? rlvf P?F 4ff- e . '1S'Wt 07MWt INMWIMQNlMAT WILL ASSIST I ,ti t'f md" S r rY s !1kOl 7iti?es ,ittlN?bl{e Fel~ 3leiviee): l3R? - •.S? 1 F AD ' n 9 l?' .- -lh - , J i h'...r s • ri f r: fit-- 4, ?.•? '?' s:`?f. ' .'?• ?sd'LS41'r ,-: ?.... >'.p. !,..:'?? ?3.r.::... w ::.? ? ?v4". w;1-. y?.o.. ,. 34E? . '` 6?ee`oni6ttle?if of: ? •" ''" aa. u " ?'' ?? •s. 4??p?'•?^?I' OE' ,rcu _ I - '?F,Oligtn.'_,,., !Q - $RYY :. ' P •{'. ; a . t j • T r .. ........? M. ni I _ 3 av Fsw. of'serir. on tbgll idyl ae t , eoepoe pN ??e p4d?yss.s3+nan above or on the individual, c°mpa^Y ' 0 - a IG! Itll1 ?I i?? ??rr•WI%Ilil?ilJ:u 1111 •Y•? • Q ( hetsby, rectify and mmm Hat I am unable to loelte the individual, company, -TOMtion, etc.. named d ove f$ee remauks below) Name and*k of ittrivldual served fif M shown above) A pa.5gn of suitable age and die Q oQtion then - the defendattth5 o f ' - uwrRl Place Addieu (oontplble: oily if ailfEnnec llarn alawip ativ+r) Nit of ScrNiee ' . Yl9pa ant PM Signature of U.S. IrO1! W (j Deptty .^ • r? . Seirloo Fble "Aand MHeap CIatret foYiwnding Fee 'Total G"Furgts XBviitioe Qeposits Ktnount or dlieAnnd OmOudlrtd em*xvmrs) srr - r: , i 1 SE f 8 , - --o- - -- -- APPEAL, CLOSED, DEFJGM, PROSE, REOPEN U.S. District Court United States District Court for the Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE 1:01-cv-0208&SHR McKinney V. Guthrie, et al Date Filed: 11/02/2001 Assigned-to: Honorable Sylvia H. Rambo Date Terminated: 04/03/2007 Demand: $0 Jury Demand: Plaintiff Case in other court: US Court of Appeals for the 3rd Nature of Suit: 550 Prisoner: Civil Circuit, 07-02348 Rights Cause: 42:1983 Prisoner Civil Rights Jurisdiction: Federal Question ]Plaintiff Derrick McKinney represented by Derrick McKinney DT-7715 SCI - Graterford PO Box 244 Graterford, PA 19426-0244 PRO SE Brian Zeiger 1315 Walnut Street, Suite 716 Philadelphia, PA 19107 215-825-5183 TERMINATED: 0510212007 ' LEAD ATTORNEY ATTORNEY TO BE NOTICED Jay A. Hochberg Hochberg, Levin & Zeiger, LLP 1315 Walnut Street Suite 716 Philadelphia, PA 19107 215-825-5183 Fax: 215-279-8702 Email: jay@hlzlaw.com TERMINATED: 0510212007 ATTORNEY TO BE NOTICED V. De_fendaut - C.O. Guthrie represented by Devon M. Jacob Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 DEFE NND'A?NT'S https://ecfpamd.uscourts.gov/cgi-bin/DktRpt.pl?897005241771521-L_353 0-1 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 2 of 15 Harrisburg, PA 17108-1245 (717) 233-6633, Ext. 32 Fax: (717) 233-7003 Email: djacob@laverylaw.com TERMINATED: 0612212004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant C.O. Zihmer TERMINATED: 0312012007 Francis R. Filipi Office of Attorney General 15th Floor Strawberry Square Harrisburg, PA 17120 717-787-3874 Fax:17177724526 Email: ffilipi@attomeygeneral.gov ATTORNEY TO BE NOTICED represented by Devon M. Jacob (See above for address) TERMINATED: 0612212004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis R. Filipi (See above for address) ATTORNEY TO BE NOTICED Ugkudant C.O. Bloor TERMINATED: 0312012007 represented by Devon M. Jacob (See above for address) TERMINATED: 0612212004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis R. Filipi .(See above for address) ATTORNEY TO BE NOTICED >den -ant C.O. Stender TERMINATED: 0312012007 represented by Devon M. Jacob (See above for address). TERMINATED: 0612212004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis R. Filipi (See above for address) ATTORNEY TO BE NOTICED httnc•//arf..amd ncrnrnrtc anv/rroi-hin/T)ktRnt n199970(152?1771 521-1. 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Defendant C.O. Wise TERMINATED: 0312012007 Page 3 of 15 represented by Devon M. Jacob (See above for address) TERMINATED: 0612212004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis R. Filipi (See above for address) ATTORNEY TO BE NOTICED D?endant Unit Manager William Ward represented by Devon M. Jacob (See above for address) TERtMI1NA TED: 0612212004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis R. Filipi (See above for address) ATTORNEY TO BE NOTICED Date Filed 06/27/2007 06/21/2007 05/25/2007 ? _ r %, to rove a amts VV na ranscnpt and Cher Records/Documents by Derrick McKinney.(dfm ) (Entered: 06/21/2007) 156 ORDER of USCA granting Appellant's motion to proceed in forma pauperis as to 154 Notice of Appeal, filed by Derrick McKinney (Hernandez, Carmen) (Entered: 05/25/2007) 1.55 USCA Case Number 07-2348 for 154 Notice of Appeal, filed by Derrick McKinney. USCA Case Manager Carmen M. Hernandez (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Hernandez, Carmen) (Entered: 05/03/2007) 05/02/2007 154 ' NOTICE OF APPEAL in Prisoner Case as to Judgments 150 and -151 by Derrick McKinney. Filing Fee and Docket Fee Not Paid. Filing fee $ 455.00. Motion for IFP Granted. Court Reporter Wendy Yinger. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (ma, ) (Entered: 05/02/2007) 04/11/2007 153 'ACKNOWLEDGEMENT of acceptance of original trial exhibits RECEIVED from Francis Filipi. (ma,) (Entered: 04/11/2007) # Docket Text 158 ORDER denying pltfs Motion for a transcript ofthe trial 1.57. A copy of document #62 shall be mailed to Pltf along with acopy of this order. Signed by Judge Sylvia H. Rambo on"06/27/07 (ma,) (Entered: 06/27/2007) 1-7 MOTION C- Cl k P 'd Pl ' ff th T' 1 T O l,ttnc•//Prfnamrl rncnrntrtc onv/roi-hin/T)ktRnt nl?R97(1(152.4__1. 77,1521-T, 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 4 of 15 04/09/2007 152 ACKNOWLEDGEMENT of receipt of plaintiffs original trial exhibits. RECEIVED from Jay Hochberg, Esq.. (ma, ) (Entered: 04/09/2007) 04/03/2007 151 JUDGMENT (previously deferred until end of case) in favor of Defendant William Ward against Plaintiff Derrick McKinneySigned by Judge Sylvia H. Rambo on 04/03/07. (ma,) (Entered: 04/03/2007) 04/03/2007 150 JUDGMENT in favor of Defendant C.O. Guthrie against the Plaintiff Derrick McKinneySigned by Judge Sylvia H. Rambo on 04/03/07. (ma, ) (Entered: 04/03/2007) 04/03/2007 149 '. JURY VERDICT signed by Jury foreman. (ma,) (Entered: 04/03/2007) 04/03/2007 148 i Exhibit List by Guthrie.. (ma,) (Entered: 04/03/2007) 04/03/2007 1 47 Exhibit List by Derrick McKinney.(ma,) (Entered: 04/03/2007) 04/02/2007 144 Jury List. (ma, ) (Entered: 04/03/2007) 03/27/2007 142 Praecipe To Withdraw Petition For Writ, filed by Derrick McKinney. (Hochberg, Jay) (Entered: 03/27/2007) 03/26/2007 1,41 MOTION for Writ of Habeas Corpus ad testificandum by Derrick McKinney. (Attachments: # 1 Writ)(Hochberg, Jay) (Entered: 03/26/2007) 03/21/2007 140 POINTS FOR CHARGE Supplemental Filing by Derrick McKinney.. (Hochberg, Jay) (Entered: 03/21/2007) 03/20/2007 139 ORDER: 1) Pltf may testify as to the psychological trauma that he hasexperienced but may not testify as to the alleged permanence of suchtrauma.2) The trial will commence immediately following the completion ofall j/s's on 4/2/07.3) Dfts shall provide Pltf w/any manual, directive,etc., which sets forth procedure to be used by guards when transportinginmates from their cells to the special housing unit (provided such exists).4) Previous trial testimony and discovery is only to be used forimpeachment purposes.5) Pltfs voir dire gstns 2 and 3 are to be reworded asfollows: If you find that Plaintiff is entitled to recovery of damages, is thereanyone who would not award damages because Plaintiff is an inmate? 6) Pltf is to submit jury instructions regarding compensatorydamages.7) Dfts shall not introduce testimony or evidence on items6 and 7 of subsection C of their pretrial memorandum except references tothe harassment charge.8) After further review of the record and the past briefs, it is thiscourts ruling that administrative remedies have not been exhausted as toDfts Zihmer, Wise, Stender, and Bloor. Therefore, they are dismissed.9) Qualified immunity is no longer an issue in this case. 10) Accordingly, the only issue left for trial is Dft Guthriesliability under the Eighth Amendment. Signed by Judge Sylvia H. Rambo on 03/20/07. (ma,) (Entered: 03/20/2007) 03/20/2007 1.38 ^ Writ of Habeas Corpus ad Testificandum Issued commanding the PA AG to produce Thomas Woods, DE-4522 on 4/2/07 @ 9:30 a.m. in Fed. Crt. Hbg, crtrm 43. (2cc to SCI Graterford, Ice to Francis Filipi, Copy to USM) (ma, ) (Entered: 03/20/2007) httnc•/lPrf namd nccrnirtc_gcv/cQi-bin/DktRot.nl?89700.5241771521-L 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report 03/20/2007 03/20/2007 03/20/2007 03/15/2007 Page 5 of 15 1.37 Writ of Habeas Corpus ad Testificandum Issued commanding the PA AG to produce Gary Banks, CT-8731 on 4/2/07 @ 9:30 a.m. in Fed Crt. Hbg, crtrm #3. (2cc to SCI Forest, 1 cc to Francis Filipi, Copy to USM) (ma, } (Entered: 03/20/2007) 136 Writ of Habeas Corpus ad Testificandum Issued commanding the PA AG to produce Bruce Ferrell, EC-7373 for 4/2/07 @ 9:30 a.m. in Fed Crt. Hbg, crtrm #3. (2cc to SCI Mahanoy, lcc to Francis Filipi and copy to USM (ma,) (Entered: 03/20/2007) 135 ORDER: This court has signed writs of h/c ad testificandum for prisoner witnesses Banks, Woods and Ferrell. Thes witnesses are precluded at trail from offering conclusions and incidents concerning their own treatment at their institutions. Signed by Judge Sylvia H. Rambo on 03/20/07. (ma,) (Entered: 03/20/2007) 132 PRETRIAL MEMORANDUM by Derrick McKinney. (Hochberg, Jay) (Entered: 03/15/2007) 03/15/2007 131 POINTS FOR CHARGE (corrected) by Guthrie, Zihmer, Bloor, Stender, Wise, William Ward.. (Filipi, Francis) (Entered: 03/15/2007) 03/15/2007 130 SPECIAL INTERROGATORIES. (Filipi,. Francis) (Entered: 03/15/2007) '. 03/15/2007 129 'Proposed Voir Dire by Guthrie, Zihmer, Bloor, Stender, Wise, William Ward. (Filipi, Francis) (Entered: 03/15/2007) '03/15/2007 128: POINTS FOR CHARGE by Guthrie, Zihmer, Bloor, Stender, Wise, William Ward.. (Filipi, Francis) (Entered: 03/15/2007) '03/15/2007 127 PRETRIAL MEMORANDUM by Guthrie, Zihmer, Bloor, Stender, Wise, William Ward. (Attachments: # 1 Exhibit(s))(Filipi, Francis) (Entered: 03/15/2007) 03/12/2007 126, NOTICE of Change of Address by Plaintiff, Derrick McKinney (Inmate i No. DT-7715) to SCI-Graterford, PO Box 244, Graterford, PA 19426- `s 0244. (dfm ) (Entered: 03/12/2007) 03/07/2007 125 ACKNOWLEDGEMENT of Writ to Produce RECEIVED from Superintendent, David DiGuglielmo. (dfm) (Entered: 03/07/2007) 03/06/2007 123 NOTICE of Hearing:A Pretrial Conference has been set for 3/20/2007 @ 10:00 AM before Honorable Sylvia H. Rambo in the judicial conference room, 8th floor, Hbg Fed. B1dg.Signed by Judge Sylvia H. Rambo on 03/06/07. (ma,) (Entered: 03/06/2007) 03/05/2007 124 NOTICE of Change of Address by Plaintiff, Derrick McKinney (Inmate No. DT-7715) to SCI-Camp Hill, PO Box 200, Camp Hill, PA 17001- 0200. (dfm) (Entered: 03/06/2007) 03/02/2007 122 ' SPECIAL ADMISSIONS FORM APPROVED as to Brian Zeiger on behalf of Derrick McKinneySigned by Judge Sylvia H. Rambo on 03/02/07. (ma, ) (Entered: 03/02/2007) 03/02/2007 1211 SPECIAL ADMISSIONS FORM APPROVED as to Jay Hochberg on bane-M-of namd ncrnnrtc onv/rvi-bin /T)ktRnt n1'?R97005741 771 571 -T, 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 6 of 15 behalf of Derrick McKinneySigned by Judge Sylvia H. Rambo on j 03/02/07. (ma, ) (Entered: 03/02/2007) 03/02/2007 120 Writ of Habeas Corpus ad Testificandum Issued commanding the Superintendent of SCI Graterford to produce Derrick McKinney on 04/02/07 at 9:30 a.m. in Fed Crt Hbg., crtnu #3. (2 cert copies to SCI Graterford, FYI copy to USM) (ma, ) Additional attachment(s) added on 3/2/2007 (ma, ). (Entered: 03/02/2007) 03/01/2007 119 ` ORDER granting Motion for Extension of Time 114 to File PTMs. Ddl ext'd to 3/15/07.Signed by Judge Sylvia H. Rambo on 03/01/07 (ma, ) (Entered: 03/01/2007) 03/01/2007 Set/Reset Hearings: J/S and Trial set for 4/2/2007 @ 9:30 AM before Honorable Sylvia H. Rambo. (ma,) (Entered: 03/01/2007) 03/01/2007 1,18 ORDER granting pltfs Motion to Continue 115. J/S and trial continued to 4/2/07 beginning at 9:30 a.m. Signed by Judge Sylvia H. Rambo on 03/01/07 (ma, ) (Entered: 03/01/2007) 02/28/2007 1.17 ': PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jay A. Hochberg, Esquire on behalf of Plaintiff, Derrick McKinney. Attorney Jay Hochberg is seeking special admission. Filing Fee: 25.00 Receipt Number: 111000778 (dfin ) (Entered: 02/28/2007) 02/28/2007 1..1 ti ! PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Brian Zeiger, Esquire on behalf of Plaintiff, Derrick McKinney. Attorney Brian Zeiger is seeking special admission. Filing Fee: 25.00 Receipt Number: 111000777 (dfm ) (Entered: 02/28/2007) 02/21/2007 Counsel is advised, for future reference, that Proposed Orders should be included as attachments to the Main Document. (dfin) (Entered: 02/21/2007) 02/21/2007 SPECIAL ADMISSION FORM SENT to Jay A. Hochberg, Esquire. Oc) (Entered: 02/21 /2007 ) 02/20/2007 115 MOTION to Reset Trial Date by Derrick McKinney.(Hochberg, Jay) (Entered: 02/20/2007) 02/20/2007 114 MOTION for Extension of Time to File PreTrial Memorandum by Derrick McKinney. (Hochberg, Jay) (Entered: 02/20/2007) 02/09/2007 113 PRETRIAL MEMORANDUM by Guthrie, Zihmer, Bloor, Stender, Wise. (Attachments: # 1 Exhibit(s) list# 2 Supplement Special Verdict Questions)(Filipi, Francis) (Entered: 02/09/2007) i 01/29/2007 11? j Writ of Habeas Corpus ad Testificandum Issued as to Derrick McKinney for March 5, 2007 @ 9:30 AM. Fed Crt Harrisburg, courtroom 0. Signed by Judge Sylvia H. Rambo. (2cc-Supr SCI Graterford, fyi copy to USM) (ma,) (Entered: 01/29/2007) 01/29/2007 Case file forwarded to Judge Rambo. (prose,) (Entered: 01/29/2007) _ - 12/08/2006 T 111 ; MEMORANDUM AND ORDER: 1) Dfts' mtn for sum jgm 97 is bttnc-//ecf.namd.uscourts.eov/ctti-bin/DktRot.nl?897005241771521-L 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 7 of 15 GRANTED inpart and DENIED in part as follows:a) GRANTED on the claims against WilliamWard; andb) DENIED on the claims against all otherDfts.2) The Clrk shall defer the entry of the grant of sum jgmin favor of William Ward until the conclusion of thecase.3) The Clrk is directed to send a copy of this crt's"Pretrial Memorandum" form.4) This case is tentatively placed on the 03/05/07 trial list. 5) PTM is due n/1/t 02/9/07.See order for specifics. Signed by Judge Sylvia H. Rambo on 12/08/06 (Attachments: # l PTM Format) (ma, ) (Entered: 12/08/2006) 10/23/2006 110: AMENDED DOCUMENT (includes signature of pltf) by Derrick McKinney. Amendment to 107 Statement of Facts. (crh,) (Entered: 10/23/2006) 10/23/2006 109 AMENDED DOCUMENT (includes signature of pltf) by Derrick McKinney. Amendment to 106 Declaration. (crh, ) (Entered: I0/23/2006) 10/23/2006 10/12/2006 E 10/12/2006 1110/12/2006 09/25/2006 09/22/2006 108 ` AMENDED DOCUMENT (signed by pltf) by Derrick McKinney. Amendment to 105 Brief in Opposition. (Attachments: # l Affidavit) (crh, ) (Entered: 10/23/2006) 107 STATEMENT OF UNDISPUTED FACTS filed by Derrick McKinney. (Attachments: # 1 Exhibit(s))(crh, ) (Entered: 10/12/2006) ----- ----- ------ 106 DECLARATION in Opp. to Dft's Motion for Summary Judgment by Derrick McKinney re 97 MOTION for Summary Judgment. (crh, ) (Entered: 10/ 12/2006) 105 - PLAINTIFFS BRIEF IN OPPOSITION re 9.7 MOTION for Summary Judgment filed by Derrick McKinney.(crh, ) (Entered: 10/12/2006) 104 Document filed by Plaintiff RE: Case'(crh, ) (Entered: 09/25/2006) 103 Letter from Pro Se Writ Clerk to Plaintiff Derrick McKinney, enclosing a docket sheet. (prose,) (Entered: 09/22/2006) 09/20/2006 102 AFFIDAVIT-" Plaintiff Opposition to Summary Judgment" re 97 MOTION for Summary Judgment filed by Derrick McKinney. C/S i (Attachments: # 1 Exhibit(s))(crh,-) (Entered: 09/20/2006) '09/14/2006 101 , Letter from Derrick McKinney requesting docket sheet (crh,) (Entered: 1 09/14/2006) 09/07/2006 100 ' ORDER: Pltfs BrOpp to dfts' MOTION for S/J 97 due by 9/22/2006. Failure to comply will result in dismissal. Signed by Judge Sylvia H. Rambo on 09/07/06. (ma, ) (Entered: 09/07/2006) 04/20/2006 99 ' BRIEF IN SUPPORT re 97 MOTION for Summary Judgment filed by Guthrie, Zihmer, Bloor, Stender; Wise, William Ward. (Attachments: # 1- Exhibit(s))(Filipi, Francis) (Entered: 04/20/2006) 04/19/2006 98 ' AFFIDAVIT in Opposition to Summary Judgment re 97 MOTION for Summary Judgment filed by Derrick McKinney. C/S (Attachments: # 1 Exhibit(s))(crh,) (Entered: 04/19/2006) t 03/23/2006 97 : MOTION for Summary Judgment by Guthrie, Zihmer, Bloor, Stender, ht+ro• lanP"cbmrl nc nnnrrc rtncr/rrri_hin/T11rtRntn19RQ7(),(157Aj1 7J.571_T. I5, 0-1 7/Sh.nn7.. Pennsylvania Middle District Version 3.0.5 - Docket Report Page 8 of 15 Wise, William Ward. (Attachments: # 1 Proposed Order # 2 Supplement) (Filipi, Francis) (Entered: 03/23/2006) 03/13/2006 96 REQUEST for Production of Documents by Derrick McKinney. (Attachments: # I Proposed Order)(crh, ) (Entered: 03/13/2006) 0221/2006 95 ORDER: dispositive mtns, if any, shall befiled w/i (30) days of the date of this order. Signed by Judge Sylvia H. Rambo on 02/21/06. (ma, ) (Entered: 02/21/2006) 09/26/2005 94 Letter from Derrick McKinney requesting status of case. (crh,) (Entered. 09/27/2005) 09/26/2005 93 'REQUEST for Docket Report and Status of Case by Derrick McKinney. (crh,) (Entered: 09/27/2005) 09/21/2005 92 ORDER denying Motion for Preliminary Injunction/TRO 82. Signed by Judge Sylvia H. Rambo on 09/21/05 (ma;) (Entered: 09/21/2005) 108/04/2005 91 NOTICE of Change of Address by Derrick McKinney (ga,) (Entered: 08/04/2005) 02/04/2005 90 Letter from Pro Se Writ Clerk dtd 2/4/05 to pltf McKinney with copy of Doc #68. (ao,) (Entered: 02/04/2005) 01/10/2005 89 ORDER finding as moot 72 Motion for Protective Order, granting 75 Motion to Produce. The Clerk is directed to forward copies of plaintiffs original photographs, 62 as well as photocopies of Documents 355, and 61 to plaintiff. Denying 78 Motion for Discovery Signed by Judge Sylvia H. Rambo on 1110105 (pw, ) (Entered: 01/10/2005) 12/27/2004 88 Letter from Derrick McKinney requesting copy of Memorandum and Order dated 1/28/04. (crh,) (Entered: 1227/2004) 12/16/2004 87 NOTICE of Change of Address by Derrick McKinney (ga,) (Entered: 12/16/2004) 11/12/2004 86 DECLARATION of Plaintiff Derrick McKinney in Support of Motion for Preliminary Injunction by Derrick McKinney re 82 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit(s))(crh, ) (Entered: 11/12/2004) 11/01/2004 85 BRIEF IN OPPOSITION re 82 MOTION for Preliminary Injunction filed by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer. Reply Brief due by 11/16/2004. (Attachments: # l Affidavit of Richard L. Southers)(Filipi, Francis) (Entered: 11/01/2004) 10/12/2004 84 ' BRIEF IN SUPPORT to Motion for Preliminary Injunction/Temp. Restraining Order re 82 MOTION for Preliminary Injunction filed by Derrick McKinney. Brief in Opposition due by 11 / 1 /2004 (Attachments: # 1 Declaration)(crh,) (Entered: 10/12/2004) 10/12/2004 83 PROPOSED DOCUMENT re: Order to Show Cause and Temporary Restraining Order. filed by plaintiff Derrick McKinney (crh,) (Entered: 10/12/2004) httns://ecf.namd.uscourts.gov/cgi-bin/DktRpt.pl?897005241771521-L 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 9 of 15 10/12/2004 82 MOTION for Preliminary Injunction/Temporary Restraining Order by ~ plaintiff Derrick McKinney.(crh, ) (Entered: 10/12/2004) 07/12/2004 81 Letter from Derrick McKinney regarding change of address. Includes Proof of Service. (crh,) (Entered: 07/12/2004) 06/22/2004 80 ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Devon Myles Jacob terminated. Attorney Francis R. Filipi and Francis R. Filipi for Stender; William Ward; Wise; Zihmer; Bloor and Guthrie added. (Filipi, Francis) (Entered: 06/22/2004) 06/22/2004 Docket Annotation - Document 480 deleted and will be refiled correctly today. (kc,) (Entered: 06/22/2004) ' 05/06/2004 79 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR PRODUCTION OF DOCUMENTS re 75 MOTION to Produce filed by plaintiff Derrick McKinney. Brief in Opposition due by 5/24/2004 (crh, ) (Entered: 05/06/2004) 05/0612004 78 REQUEST FOR DISCOVERY by plaintiff Derrick McKinney. Includes Proof of Serivice (Attachments: # 1 AFFIDAVIT OF SERVICE) Includes Proof of Service(crh,) (Entered: 05/06/2004) 04/28/2004 77 RECEIPT LETTER $ 11.80, receipt number 33396511 Derrick McKinney Partial Filing Fee 4/28/04 (gn, ) (Entered: 04/28/2004) 04/27/2004 76 ANSWER to Complaint by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer.(Jacob, Devon) (Entered: 04/27/2004) 04/26/2004 75 MOTION for the production of documents and Cover Letter by plaintiff Derrick McKinney.(crh) (Entered: 04/26/2004) 04/08/2004 7.4_ MEMORANDUM AND ORDER: Dfts' mtn to dismiss 52 has been treated by thecrt as a mtn for s/j and is DENIED. W/i (20) daysfrom the date of this order, Dfts shall file an ansr to Pltf s cmplnt. Signed by Judge Sylvia H. Rambo on 04/08/04 (ma,) (Entered: 04/08/2004) 03/10/2004 73 BRIEF IN SUPPORT re 72 MOTION for Protective Order filed by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer. Brief in Opposition due by 3/29/2004 (Jacob, Devon) (Entered: 03/10/2004) 03/10/2004 72 MOTION for Protective Order by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer. (Attachments: # 1. Proposed Order Granting Motion)(Jacob, Devon) (Entered: 03/10/2004) 02/27/2004 71 RECEIPT LETTER $ 2.88, receipt number 333 95687 Plantiff/Derrick McKinney Partial Filing Fee 2/27/04 (bd,) (Entered: 02/27/2004) F 02/20/2004 70 EXHIBITS by Derrick McKinney RE: Reconsideration of Plaintiff's motion to supplement Complaint. (pw, ) (Entered: 02/23/2004) 02/05/2004 69, RECEIPT LETTER $ 3.02, receipt number 333 95364 Plaintiff/McKinney Partial Filing Fee 2/5/2004 (mo,) (Entered: 02/05/2004) b.ttr,o-M-of "Qr" rncrmirtc nnv/rrri-hinfnVtRnt n19R4700r%1-4,L77,1 (1-1 _-7/50007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 10 of 15 101/29/2004 68 MEMORANDUM AND ORDER: 1. Pltfs mtn to consider and adopt the mail box rule 46is DENIED as moot.2. Pltf s mtn to file spin nd cmplnt 49 isDENIED.3. Pltf s mtn to add exhibit 65 is DENIED as moot. Signed by Judge Sylvia H. Rambo on 01 /29/04 (ma,) (Entered: 01 /29/2004) 12/02/2003 67 ORDER dismissing pltf s Mtn to ExtTm 56Signed by Judge Sylvia H. I Rambo on 12/02/03 (ma, ) (Entered: 12/02/2003) ... 11/25/2003 66: MEMORANDUM AND ORDER: 1) Pltfs mtns for reconsideration 59 and 60 are DENIED.2) In the event that future proceedings demonstrate the need for counsel, thematter may be reconsidered either sua sponte or upon a motion properly filed by thePltf. Signed by Judge Sylvia H. Rambo on 11/25/03 (ma, ) (Entered: 11/25/2003) 11/24/2003 ......... ._. 65 ' MOTION to add exhibit to last ltr that was submitted 4/25/02: by pltf 'Derrick McKinney.(pm,) (Entered.- 11/24/2003) 11/10/2003 64 . REPLY BRIEF re 52 First MOTION to Dismiss filed by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer. (Jacob, Devon) (Entered: 11/10/2003) ..... ......... ___. 10/30/2003 63: BRIEF IN OPPOSITION filed by pltf Derrick McKinney and in support of sworn affidavit with exhibits re above matter. (pm,) (Entered: :10/31/2003) 10/20/2003 62 PHOTOGRAPHS of plaintiff Derrick McKinney. Original document sent to PRSLC. Oc) (Entered: 10/21/2003) 10/20/2003 61 AFFIDAVIT of plaintiff Derrick McKinney. Oc) (Entered: 10/21/2003) 10/20/2003 60 , RECONSIDERTATION MOTION to Appoint Counsel by plaintiff Derrick McKinney with attachments. 0 c) (Entered: 10/21/2003) 110/20/2003 59 MOTION for Reconsideration re 40 Order on Motion to Appoint Counsel j by plaintiff Derrick McKinney.0c) (Entered: 10/21/2003) 110/20/2003 58 NOTICE of Change of Address by plaintiff Derrick McKinney to SCI Greene, 175 Progress Dr., Waynesburg, PA 15370.Oc) (Entered: t 10/21/2003) '10/14/2003 5.7 NOTICE/MOTION - of temporary Change of Address From SCI Greene TO SCI Pittsburgh, P.O. Box 99901, Pittsburgh, PA 15233 filed by Derrick McKinney. (am) (Entered: 10/16/2003) f 10/14/2003 56 MOTION - for Extension of Time filed by plf. Derrick McKinney in which to file an answer to all and any motions filed by defts. as he was transferred from SCI Greene to SCI Pittsburgh temporarily. (c/s) (am) (Entered: 10/16/2003) 10/14/2003 55 EXHIBIT in Support of Motion to Dismiss or in the Alternative for Summary Judgment by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer.. (Attachments: # 1 Exhibit(s) Exhibit 1# 2 Exhibit(s) Exhibit 2) (Jacob, Devon) (Entered: 10/14/2003) 10/14/2003 54 ! BRIEF IN SUPPORT re 52 First MOTION to Dismiss filed by Bloor, htfnc-//Prrf nnmA vicrnvirtc anv/rvi-hin/MtRnt n19R970a5 1771571-1, '15'1 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 11 of 15 Guthrie, Stender, William Ward, Wise,.Zihmer. Brief in Opposition due by 11/3/2003 (Jacob, Devon) (Entered: 10/14/2003) 09/29/2003 53 RECEIPT LETTER $ 14.00, receipt number 333 93627 Plaintiff/McKinney Partial Filing Fee 9/29/03 (mo,) (Entered: 09/30/2003) 09/29/2003 52 First MOTION to Dismiss by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss)(Jacob, Devon) (Entered: 09/29/2003) -... _ . _._._. _ _.... _. _, ... _.. ._ _.... ._ ..... 09/29/2003 51 BRIEF IN OPPOSITION re 49 MOTION for Leave to File filed by Bloor, Guthrie, Stender, William Ward, Wise, Zihmer. Reply Brief due by 10/16/2003. (Jacob, Devon) (Entered: 09/29/2003) 09/11/2003 50: BRIEF IN SUPPORT of his mtn for Leave to File an amd'd cmp 49 filed by Derrick McKinney. Brief in Opposition due by 9/29/2003 (ma, ) (Entered : 09/12/2003) 09/11/2003 49 ! MOTION for Leave to File a Supplemental Complaint filed by Derrick McKinney. C/S. (Attachments: # 1 Supplemental Complaint# 2 Coverletter)(ct) (Entered: 09/12/2003) 08/29/2003 48: RECEIPT LETTER $ 8.00, receipt number 333 93260 Plaintiff/McKinney Partial Filing Fee 8/29/03 (mo, ) (Entered: 08/29/2003) 08/18/2003 47 ; NOTICE of Change of Address by Derrick McKinney to SCI Greene. Oc) (Entered: 08/19/2003) 08/18/2003 46, MOTION to consider and adopt "Mail Box Rule." by plaintiff Derrick . f McKinney and c of s.0c) (Entered: 08/19/2003) 08/13/2003 4.5 WAIVER OF SERVICE Returned Executed by Derrick McKinney. Bloor waiver sent on 7/31/2003, answer due 9/29/2003; Guthrie waiver sent on 7/31/2003, answer due 9/29/2003; Stender waiver sent on 7/31/2003, answer due 9/29/2003; William Ward waiver sent on 7/31/2003, answer due 9/29/2003; Wise waiver sent on 7/31/2003, answer due 9/29/2003; Zihmer waiver sent on 7/31/2003, answer due 9/29/2003. (ts,) (Entered: 08/13/2003) 08/13/2003 44 ORDER granting Motion for Extension of Time to Answer 43 until 9/29/03 Signed by Judge Sylvia H. Rambo on 08/13/03 (ma,) (Entered: 08/13/2003) 08/11/2003 43 ! MOTION for Extension of Time until 9/29/03 in which to file answer to 1 Complaint filed by all dfts. (Attachments: # 1 Proposed Order)(rb) (Entered: 08/12/2003) 08/11/2003 42 ENTRY OF APPEARANCE by Attorney Devon Myles Jacob for dits Stender, Ward, Wise, Zihmer, Bloor and Guthrie; with C/S. (rb) (Entered: 08/12/2003) 07/28/2003 Summons Issued w/ntc of assignment as to dits Bloor, Guthrie, Stender, httns-//ecf.nam,d.:uscourts.eov/cQi-bin/DktRnt.vl?897005241771521. L 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 12 of 15 } William Ward, Wise, Zihmer and provided to USM for service. (ma, ) (Entered: 07/2 8/2003 ) 07/28/2003 41 ORDER: 1) The USM shall serve the pltf s cmp 1 on the dfts w/a copy of this order and the attached correspondence. 2) Dfts shall respond w/i 20 days after service. Signed by Judge Sylvia H. Rambo on 07/28/03. (Attachments: # 1. Attachment)(ma, ) (Entered: 07/28/2003) 07/28/2003 40 MEMORANDUM AND ORDER denying pltf s Mtn to Appoint Cnsl f 36Signed by Judge Sylvia H. Rambo on 07/28/03 (ma;) (Entered: 07/28/2003) 06/26/2003 39 JUDGMENT of USCA (certified copy) as to 19 Notice of Appeal filed by pltf. IT IS ORDERED by this court that the jgmt of the Disrtict Court entered on 1/15/02 be, and the same is, hereby VACATED and the matter is REMANDED for further proceedings. A True Cert Copy. (rb) (Entered: 07/01 /2003 ) 06/26/2003 38 RECEIPT LETTER $ 15.00, receipt number 333 92504 Plaintiff/McKinney Partial Filiing Fee 06/26/03 (mo,) (Entered: I : 06/27/2003) 06/23/2003 37 BRIEF IN SUPPORT of 36 MOTION for Appointment of Counsel filed by pltf Derrick McKinney. Brief in Opposition due by 7/11/2003. (rb) (Entered: 06/24/2003) 06/23/2003 36 MOTION for Appointment of Counsel filed by pltf Derrick McKinney. (Attachments: # 1 Exhibit(s))(rb) (Entered: 06/24/2003) 06/23/2003 35 LETTER to Court from pltf, Derrick McKinney re documents being filed as of 6/23/03. (rb) (Entered: 06/24/2003) 02/07/2003 . _ ...... _ 34 ' RECEIPT Receipt #: T-91054 Amount: 4.00 From: Plaintiff/McKinney Purpose: Partial Filing Fee Receipt Date: 02/07/03 (mo) (Entered: 02/11/2003) 12/12/2002 33 RECEIPT Receipt #: T-90474 Amount: 2.02 From: Plaintiff/McKinney Purpose: Partial Filing Fee Receipt Date: 12/12/02 (mo) (Entered: 12/13!2002) ....___--___.__- . _ 11/01/2002 .___ .__...._. i2.' RECEIPT Receipt #: 89988 Amount: $2.59 From: plaintiff McKinney Purpose: partial filing fee Receipt Date: 10/30/02 (mg) (Entered: 1 -l 1 /01 /2002) 08/14/2002 31 RECEIPT Receipt #: 89029 Amount: $5.00 From: plaintiff McKinney Purpose: partial filing fee Receipt Date: 08/05/02 (mg) (Entered: 08/14/2002) 05/01/2002 30 RECEIPT.Receipt #: T-87862 Amount: 4.00 From. Plaintiff/McKinney Purpose: Partial Filing Fee Receipt Date: 05/01/02 (mo) (Entered: 05/06/2002) 04/26/2002 29 CERTIFIED COPY of Appellate Court Order: The Mtn to proceed IFP is GRANTED. Appellant is' required to pay the full $105 fee in htt"v4/Pnf namA ncrnnrtc cTmr/rni_hinfnVtRnt nl`?R9700IS?41 771 571 -1. 151 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 13 of 15 installments. See order. (sc) (Entered: 04/29/2002) 04/23/2002 28 RECEIPT Receipt #: 87504 Amount: 50.00 From: plaintiff Purpose: partial filing fee Receipt Date: 4/3/02 (bg) (Entered: 04/23/2002) 04/12/2002 217 ORDER by Judge Sylvia H. Rambo, upon consideration of pltfs motion for Original Documents [26-1 ], IT IS HEREBY ORDERED THAT mtn is DISMISSED as moot. (cc: all counsel court) (vg) (Entered: 04/15/2002) 04/10/2002 26: MOTION by pltf Derrick McKinney for Original Documents ; with c/s. (sc) (Entered: 04/11/2002) 04/04/2002 25 ORDER by Judge Sylvia H. Rambo DISMISSING the ptfs mtn for all docs (copies) [24-1 ] as duplicitous. (cc: all counsel, court, PRSLC) (ma) (Entered: 04/04/2002) 03/26/2002 24, MOTION by plaintiff Derrick McKinney for all document (copies) ; With proof of service. (ma) (Entered: 03/27/2002) 03/19/2002 23 ` ORDER by Judge Sylvia H. Rambo GRANTING mtn for copies of docs pertaining to above matter. [22-1 ] (cc: all counsel court, PRSLC) (ma) (Entered: 03/19/2002) ' 03/14/2002 22 MOTION by plaintiff for copies of documents pertaining to above matter. ; C/S (pm) (Entered: 03/15/2002) 03/04/2002 21 ACKNOWLEDGEMENT RECEIVED that the NOA was rec'd by USCA on 3/4/02 by 4:36pm. (sc) (Entered: 03/06/2002) 02/27/2002 29 RECEIPT Receipt #: T2806-3 Amount: $4.00 From: plaintiff McKinney Purpose: partial filing fee (mg) (Entered: 02/28/2002) 02/27/2002 19 NOTICE OF APPEAL by pltf Derrick McKinney from District Court order filed 1/18/02 [17-1] (No filing fee pd, no TPO) Email with attachments to USCA (cc: Not/app w/ info/ack ltr to cnsl, Ct., petitioner) Receipt No. & Amt: due (sc) (Entered: 02/28/2002) 01/29/2002 18 RECEIPT Receipt #: T2768-5 Amount: 20.00 From: Plaintiff Purpose: Partial Filing Fee (mo) (Entered: 01/31/2002) 01/18/2002 17 ORDER by Judge Sylvia H. Rambo DISMISSING as premature pltfs mtn for an ext of time of 30 days to file notice of appeal. [16-1] (cc: all counsel, court) (ma) (Entered: 01/18/2002) 01/15/2002 16 MOTION by plaintiff Derrick McKinney for an extension of time of 30 days to file notice of appeal. ;C/S (pm) (Entered: 01/16/2002) 01/14/2002 15 ORDER by Judge Sylvia H. Rambo DENYING pltfs mtn for recon [11- 1 ] of order dtd 11/29/01 [9-2] (cc: all counsel, court, PRSLC) (ma) (Entered: 01 / 15/2002) 01/11/2002 14 " Acknowledgement Received of show cause order dt. 11/28/01 addressed to M. Fisher, Dragovich, F. Filipi. (pm) (Entered: 01/14/2002) httns://ecf.namd.uscourts.eov/cei-bin/DktRot.nl?897005241771521-L 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 15 of 15 httDs://ecEDamd.uscourts.gov/cgi-bin/DktRpt.pl?897005241771521-L 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 1 of 5 ADMINO, PROSE, PRSLC U.S. District Court United States District Court for the Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:05-cv-00205-SHR-KH McKinney v. Kelchner et al Assigned to: Honorable Sylvia H. Rambo Referred to: Pro Se Law Clerk KH Cause: 42:1983 Prisoner Civil Rights Date Filed: 01/31/2005 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question Plaintiff Derrick McKinney represented by Derrick McKinney DT-7715 SCI Graterford P.O. Box 244 Graterford, PA 19426-0244 PRO SE V. Defendant Superintendent Kelchner represented by Vincent R. Mazeski PA Dept. of Corrections/Office of Chief Counsel , 55 Utley Drive Camp Hill, PA 17011 717-731-0444 Fax: 717-975-2217 Email: vmazeski@state.pa.us ATTORNEY TO BE NOTICED Defendant Unit Manager Steigerwalt Defendant C/O Nixdorf Defendant C/O Snook represented by Vincent R. Mazeski (See above for address). ATTORNEY TO BE NOTICED represented by Vincent R. Mazeski (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Vincent R. Mazeski (See above for address) ATTORNEY TO BE NOTICED httnc-/h-rf nnmd ncrnnrtc onv/rai-bin/T)ktRnt.ni?74152f355849317-L 353 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 2 of 5 Defeadant C/O Warner represented by Vincent R. Mazeski (See above for address) ATTORNEY TO BE NOTICED Date Filed # Docket Text `03/12/2007 38 : NOTICE of Change of Address by Derrick McKinney to SCI Graterford. Oc) (Entered: 03/12/2007) 02/28/2007 37 Document filed entitled, "Motion for an Civil Docket for Case" by Derrick McKinney. Docket sheet sent. (aaa) (Entered: 02/28/2007) 05/11/2006 36 ! RESPONSE (Entitled Plaintiffs Reply Brief in Response to Defendants' Reply Brief in Support of Motion for S/J) by plaintiff Derrick McKinney and c of s. 33 Oc) (Entered: 05/11/2006) 04/21/2006 35 ; REPLY BRIEF re 16 MOTION to Dismiss Plaintiffs Complaint filed by Superintendent Kelchner, Unit Manager Steigerwalt, C/O Nixdorf, C/O Snook, C/O Warner.(Mazeski, Vincent) (Entered: 04/21/2006) 04/17/2006 34: COUNTER STATEMENT OF FACTS by plaintiff in opp. to the defts' mtn to dismiss. (Attachments: # 1 Exhibit(s))Oc) (Entered: 04/17/2006) 03/27/2006 3.3 " MEMORANDUM AND ORDER: 1) Dfts' mtn to dismiss Pltf s cmplnt 16 is deniedin part and is construed as a mtn for sumjgm in part.2) The portion of Dfts' mtn to dismiss alleging a lack ofinvolvement by Supervisory Dfts Kelchner and Steigerwalt is DENIED. The remainder of Dfts' mtn is converted to a mtn forsumjgm. W/i (15) days of the date of this order, Pltf shallfile a bropp to Dfts' mtn together w/a counter- statement offacts related to the issue of exhaustion of administrative remedies. Dfts shall have (10) days from the filing of Pltfsresponsive brief to file a reply brie£Signed by Judge Sylvia H. Rambo on 03/27/06 (ma,) (Entered: 03/27/2006) 02/13/2006 32 ; ORDER granting dft' Mtn to Stay discovery l.8 until disposition of Dfts' mtn to dismissPltfs cmplnt.Signed by Judge Sylvia H. Rambo on 02/13/06 (ma,) (Entered: 02/13/2006) 10/18/2005 31 ORDER denying pltfs Motion to Appoint Counsel 12 Signed by Judge Sylvia H. Rambo on 10/18/05 (ma,) (Entered: 10/18/2005) 09/26/2005 30 Letter from Derrick McKinney requesting status of case. (crh,) (Entered: 09/27/2005) 09/07/2005 29 Letter dated 9/01/05 from Derrick McKinney requesting copy of docket (ep,) (Entered: 09/07/2005) 08/09/2005 28 ` RECEIPT LETTER $ 2.74, receipt number Rec. 10265 McKinney Partial Filing Fee 8/05/05 (ep,) (Entered: 08/09/2005) 08/04/2005 27 NOTICE of Change of Address by Derrick McKinney (bg, ) (Entered: ht+nc•//rrf namd ncrnnrtc anv/r.ai-bin /T)ktRnt n1 ?75203559491174, 353 0-1 ?_ . _ 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 3 of 5 08/04/2005) 07/07/2005 26 RECEIPT LETTER $ 4.79, receipt number T-102254 Plaintiff Partial Filing Fee 7/7/05 (bd, ) (Entered: 07/08/2005) 06/03/2005 25 RECEIPT LETTER $ 3.70, receipt number T-101857 Plaintiff Partial . Filing Fee 6/3/05 (bd,) (Entered: 06/07/2005) 05/09/2005 24 RECEIPT LETTER $ 3.3 1, receipt number T-101545 Plaintiff Partial Filing Fee 5/9/05 (bd,) (Entered: 05/11/2005) 05/09/2005 23 EXHIBITS/APPENDIX by defendants to their mtn to dismiss pltf s complaint and c of s. 16 (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) Q0c) (Entered: 05/10/2005) 05/09/2005 22 BRIEF IN SUPPORT re 16. MOTION to Dismiss Plaintiff's Complaint filed by Superintendent Kelchner, Unit Manager Steigerwalt, C/O Snook, C/O Warner. Brief in Opposition due by 5/27/2005 (Mazeski, Vincent) (Entered: 0 5 /09/2005 ) 05/09/2005 21 BRIEF IN OPPOSITION to mtn to Stay Discover 18 filed by Derrick McKinney. Reply Brief due by 5/23/2005. (ma,) (Entered: 05/09/2005) 05/09/2005 20 BRIEF IN OPPOSITION to dfts' mtn to Dismiss 16 filed by Derrick McKinney. Reply Brief due by 5/23/2005. With c of s.(ma, ) Additional attachment(s) added on 5/9/2005 (ma, ). (Entered: 05/09/2005) 04/25/2005 Doc. 17 "Motion to Stay Discovery..." filed 4/25/05 deleted due to filing error, refiled as doc. 18. (crh,) (Entered: 04/25/2005) 04/25/2005 19 BRIEF IN SUPPORT re 18 MOTION to Stay Discovery filed by Superintendent Kelchner, Unit Manager Steigerwalt, C/O Snook, C/O Warner. Brief in Opposition due by 5/13/2005 (Mazeski, Vincent) (Entered: 04/25/2005) 04/25/2005 18 MOTION to Stay Discovery by Superintendent Kelchner, Unit Manager Steigerwalt, C/O Snook, C/O Warner. (Attachments: # 1 Proposed Order) (Mazeski, Vincent) (Entered: 04/25/2005) 04/25/2005 16 MOTION to Dismiss Plaintiff's Complaint by Superintendent Kelchner, Unit Manager Steigerwalt, C/O Snook, C/O Warner. (Attachments: # 1 Proposed Order)(Mazeski, Vincent) (Entered: 04/25/2005) 04/25/2005 15 NOTICE of Appearance by Vincent R. Mazeski on behalf of Superintendent Kelchner, Unit Manager Steigerwalt, C/O Snook, C/O Warner. (Mazeski, Vincent) (Entered: 04/25/2005) 04/04/2005 1-3 AFFIDAVIT of Walter May II. Oc) (Entered: 04/04/2005) 04/04/2005 12 MOTION for Appointment of Counsel filed by Ronald Fleming o/b/o plaintiff McKinney and c of s.0c) (Entered: 04/04/2005) 03/31/2005 14 RECEIPT LETTER $ 10.11, receipt number 101024 from plaintiff McKinney for partial filing fee, received 3/31/05 (mg,) (Entered: 04/05/2005) )Nttnc-//d(,,f namd rnccnnrtc anv/evi -bin /T)ktR nt n1?741526155R49317-I. 153 0-1 7/5/2007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 4 of 5 -; 03/28/2005 11 WAIVER OF SERVICE Returned by Derrick McKinney. Superintendent ':, Kelchner waiver sent on 2/23/2005, answer due 4/25/2005; Unit Manager Steigerwalt waiver sent on 2/23/2005, answer due 4/25/2005; C/O Snook waiver sent on 2/23/2005, answer due 4/25/2005; C/O Warner waiver sent on 2/23/2005, answer due 4/25/2005. (ep, ) (Entered: 03/28/2005) 02/28/2005 10 FINANCIAL AFFIDAVIT by Derrick McKinney. (ep,) (Entered: 02/28/2005) 02/18/2005 Summons Issued as to Superintendent Kelchner, Unit Manager Steigerwalt, C/O Nixdorf, C/O Snook, C/O Warner and provided to USM for service with complaint and standing practice order on Defendant(s). (ma, ) (Entered: 02/18/2005) ..... 02/18/2005 9 ORDER: 1) Pltf s app to proceed ifp (Doss. 2 and 7)are construed as mtns j to proceed w/o full prepayment of fees and costs, andthe mtns are j GRANTED.2) The USM is directed to serve Pltfs cmplnt onthe Dfts named therein.Signed by Judge Sylvia H. Rambo on 02/18/05. (ma, ) (Entered: 02/18/2005) 02/17/2005 8 ADMINISTRATIVE ORDER sent to Prison Superintendent/WardenSigned by Deputy Clerk on 2/17/2005. (bg, ) (Entered: 02/17/2005) 02/14/2005 7 Application to proceed IFP. (bg,) (Entered: 02/14/2005) 02/01/2005 6 ' ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file Application to Proceed IFP within 30 days or case will be dismissed. Signed by Lois A. Fuller on 2/1/05. (prose,) (Entered: 02/01 /2005 ) 01/31/2005 Case file sent to Pro Se Writ Clerk for issuance of proper IFP form via Scranton scanning clerk. Oc) (Entered: 01/31/2005) 01/31/2005 5 PRISONER LETTER ISSUED w/ Notice & Consent Form.0c) (Entered: 01 /31 /2005) 01/31/2005 4 STANDING PRACTICE ORDER by all Judges informing the parties to this action of their briefing and other responsibilities.0c) (Entered: 01 /31 /2005) 01/31/2005 3 'PRISONER AUTHORIZATION by Derrick McKinney allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account. Oc) (Entered: 01/31/2005) 01/31/2005 2 ' APPLICATION by plaintiff to proceed IFP. Oc) (Entered: 01/31/2005) f 01/31/2005 1 ! COMPLAINT - N/C to pltf.; no jury trial demanded.0c) (Entered: 01/31/2005) L,rr?. •//onf??mr1.,Fnn»rtcrrw/nni-hin/TIIrtRntr%197d2G7F2S5944'217-1 1-5l 0-1 7/5/7007 Pennsylvania Middle District Version 3.0.5 - Docket Report Page 5 of 5 PACER Service Center Transaction Receipt 07./05:12007 11:00:39 !PACER ag0105 Client Code: Login: Description: Docket Search 1:05-cv-00205-SHR- Report Criteria: KH Billable Pages: 3 Cost: 0.24 httnc•//PCfnnmrli ncconrtq Prov/cai-bin/l7ktRnt.nl?7435263$5,$49317-L 353 0-1 7/5/2007 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff Civil Term No. 04- 1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants CERTIFICATION OF SERVICE I, Timothy P. Keating, Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on July 9, 2007, I caused to be served a true and correct copy of the foregoing document titled Defendants' Response to Plaintiff s Motion for Special Injunctive Relief by first class mail to the following: Derrick McKinney Inmate #DT-7715 S.C.I. Graterford P.O. Box 244 Graterford, PA 19426-0244 Timothy eating DEPUTY ATTORNEY GENERAL 4 ., r w _.?- ... c :? _ r ° ?-_ ? , z=?; ?: c --rya -?- "?;? 1 r• s 0 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY Plaintiff VS. ROBERT GIMBLE Et,al. Defendants PLAINTIFF'S MOTION FOR SPECIAL CIVIL TERM' No.#04-1013 INJUNCTION /TEMPORARY RESTRAINING ORDER And Now,comes the Plaintiff Derrick McKinney #DT-7715, by and though this Pro se Motion and files the following request pursuant to Rules 1531(a) of the Pa. R. Civ. P. and 1532(a) Pa. R.A.P. and in support thereof,states the following: Plaint'iff' Derrick McKinney #DT-7715, is bringing forth this action pursuant to the Pennsylvania Constitution Article 1 Sections 1, 7, and 20. The United States Constitution Amendments I and 14, in regards to the Pa. Torts Claim Acts, after the exhaustion of his administrative remedies pursuant to the 1996 Prison Litigation Reform Act, that were available to Plaintiff Wherein Plaintiff alleged a theft occurred the defendants falured to follow. mandated' procedure created' willful malicious tortfeasor abriding Plaintiff rights of free communication of thoughts and opinions, freedom of speech, the right to petition, address or remonstrance and defense of life liberty, possessing and protecting property. Pursuant to the Pennsylvania Rules Of Court this Honorable court has Jurisdiction for this action is pending before this above captioned court. Wherefore no other court may rule on the merits of this Motion For Special Injunctive-Relief. The last thing Plaintiff Derrick McKinney #DT-7715, filed with this Honorable court was: Affidavit Of Truth on: July 12, 2006 it was received by said court on: July 21, 2006. And a Motion To -Correct Error on: 4-19-07. I Derrick McKinney #DT-7715 Plaintiff, did Exhaust his Administrative Remedies, Via The Inmate Grievance DC-ADM 804 Policy, and completely through all appeal stages. (0) AA I Plaintiff Derrick McKinney #DT-7715, filed the following *804* Grievance DC-4DM No.#40441 and Grievance (Cam) No.#48367. The Grievance for (Cam) No.#48367 was filed in regards to Plaintiff Personal Property, to which I was given several DC-154A Confiscated Items Reciepts and Inventory Forms. For Grievance No.#40441 it was filed in regards to Plaintiff missing Bank Book Account No.#011318013 that was in the possession of the S.C.I. CampHill Business Office. Both of these Grievances were appealed to the "Final Review" stages by me after receiving unfavorable responses pursuant to DC-ADM 804 Grievance Policy governing appeals of Inmate's Grievance. Thus, Plaintiff clearly "Exhausted all Remedies" that were available to me. Also there is an MOTION TO CORRECT ERROR and PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS PLAINTIFF'S AMENDED COMPLAINT-These are before the Court Nov. On: 2-26-07 I Plaintiff Derrick McKinney #DT-7715, was A.T.A. Temporary Transferred to S_C.I.CampHill for court on said case: McKinney VS. Guthrie Et,al. 1:01-CV-2088, I was placed on F-Block Control Group I came with nothing but my Legal Work and Temporary Transfers can not have nothing while they are housed on F-Block please see; F-Block Control Group Rules Exhibit (A). On: 2-28-07 Plaintiff filed an DC-ADM *804* Grievance No. #180225 please see; Exhibit (B) On: 3-2-07 I Derrick McKinney #DT-7715 Plaintiff, was sen't back to my home institution S.C.I.Graterford. Please see Exhibit (0- On: 3-26-07 Plaintiff was sen't back to S.C.I.CampHill for A.T.A. Temporary Transferred again for court on said case: McKinney V. Guthrie Et,al. 1:01-CV-2088, I was once again placed on F-Block Control Group, this time Plaintiff Derrick McKinney #DT-7715 came prepare. Not only did I bring with me my Two (2) Boxes and Footlocker of Legal Work I also brung Cup, Washcloth, and other Items, so I cannot have the problems I had the first time, please see; Exhibit (D). On the next day: 3-27-07 Plaintiff was place in the R.H.U. L-5 at 8:15 P.M. see; Exhibit (E).... Plaintiff do not want to make this along act in explanation about whathappened while Plaintiff Derrick McKinney #DT-7715, was there for court what I would do for the courts is send all the necessary paper work that was put in to S.C.I.CampHill Administration and everything will be self-explanatory. Occasionally Plaintiff will be making certain notification, to point out certain things the courts needs to seel or know. (1)A Exhibit (A)-1 is Plaintiff contacting Business Manager Gimble, Exhibit (A)-2 is Plaintiff DC-ADM *804* Grievance No.#180757 on officer when leaving, S.C.I.CampHill. Exhibit (B)-1 and (B)-2 is Plaintiff Appeal of Grievance No. #180225 Exhibit (E)-1 is Plaintiff giving notice that I was being housed in S.C.I.CampHill again. On: 4-1-07 Plaintiff Derrick McKinney #DT-7715, put in a DC-ADM *804* Grievance No.#183764 see Exhibit (F) and also see Exhibit (F)-1 and Exhibit (F)-2 for P.R.C. Program Review Committee's appeal. Exhibit (G) and (G)-1 and (G)-2 and (G)-3 and (G)-4 will show this court that Plaintiff Derrick McKinney #DT-7715, was having problems with C/O Kline, and because he is one of the defendant's in said case: McKinney VS. Gimble Et,al. #04-1013, thats dealing with Plaintiff Property, should not have been no-where near Derrick McKinney Plaintiff Property. Exhibit (H) Plaintiff Derrick McKinney #DT-7715, was returned back to home institution S.C.I.Graterford on: 4-4-07, Plaintiff would like to note that Plaintiff property was not Inventory and Plaintiff Medical Chart was not shipp on the same day. According to Policy DC-ADM 815 I. Handling of Property For Transfers 2. A.T.A. Authorized Temporary Absence a,b,c,d,e,f, S.C.I.Campeill did not go by Policy also DC-ADM 815-01 1V.J. f, will show Plaintiff is not lying. See Exhibit (H)-1 Exhibit (I) and (I)-1 and (I)-2 shows that when Plaintiff Derrick Mckinney #DT-7715, found out about his property he wrote Superintendent Kelchner. Couple of things the Plaintiff will like for the court to know Plaintiff is a Custody Level (2) two and Plaintiff is being housed on the Honor-Block which is A- Block. And if Plaintiff behavior was negative as Superintendent Kelchner states I know for a fact that there would have been no-problem for Plaintiff to receive an DC-141 Misconduct all Plaintiff did was complain about what was going on to his person with DC-135A,Inmate request To Staff and DC-ADM *804* with my concerns Verbal and Written Communication in order to have my problems resolved- Again as Superintendent Kelchner said,,I took the Chain Of Command.... Exhibit (J) Plaintiff can keep this simple Plaintiff Derrick Mckinney #DT-7715, did not leave S.C.I.Graterford with a Broken Footlocker and Plaintiff did have two(2)boxes full of Legal Work for cases: McKinney V. Gimble Et,al. #04-1013, McKinney VS. Guthrie Et,al. 1:01-CV-2088 (3rd Cir. #02-1620 and #07-2348), and McKinney VS. Kelchner Et,al. 1:05-CV-00205. See also Exhibit (D). (2) B MEMORANDUM OF LAW MEMORANDUM OF LAW A Preliminary injunction is Granted to prevant a party from suffering irreparable Harm while awaiting the "Final Disposition" of the case, Plaintiff will and have already shown that it is an actual danger of future violation of his rights been violated, also the risk of future harm has already affect me personally, Derrick Mckinney #DT-7715 Plaintiff, will suffer "Irreparable Injury" without an "Injunction! I'm also showing that my Constitution Rights are likely to be "violated" again if I was ever to be housed at:S.C.I.CampHill while going to court. I Plaintiff will suffer without an "Injunction" more the prison officials at:S.C.I.CampHill if the "Injunction is GRANTED. Even though it would not be best for either parties for Plaintiff to be housed at:S.C.I.CampHill this is abalance of hardship. The balance of hardships will favor both parties. Plaintiff has over 30 witnesses and/or defendants. Every time I go too: S.C.I.CampHill 'am in immediate threat of life, health, and Plaintiff property. Monmouth County Correctional Institution VS. Lanzaro 834 F.2d 326 (3rd Cir. 1987). Young V. Lane 922 F.2d 370-374 7th Cir. 1999 Past misconducts may be evidence that future misconducts DC-141 is very likely to happen again. Orantes-Hernandez VS. Thornburg, 919 F.2d 549-564 (9th Cir. 1990) And,Kershner V. Mazurkiewicz 670 F.2d 440-443 (3rd Cir. 1982) With Simons VS. S.C.I.CampHill, 615 A.2d 924, 150 Pa.Cmwlth 295 (1992). Venue was proper only in Cumberland County. Except when the Commonwealth is the Plaintiff or when otherwise provided by an Act Of Assembly, an action against a political subdivision may brought only in the county in which the political subdivision is located. Pa. C.S.A_ § 931 8523(a). S.C.I.CampHill is a part of the D.O.C. and under 37 Pa. code §§ 111.1(b) and 111.4(b). The principal office of the Department Of Corrections is located in CampHill, Cumberland County. A local office of Commonwealth party is defined in 37 Pa. code § 111.4(c). Local agency employees lose their immunity defense if their actions constitute crime, actual fraud, actual malice, or willful misconduct. La Frankie V. Miklich 618 A2d 1145, 152 Pa.Cmwlth. 163 Cmwlth. 1992. And this court of common pleas for Cumberland County has held that when the Commonwealth loses an Inmate's property that was in its care, custody and control, the claim is not barred by Sovereign Immunity. Wheeler VS. Pennsylvania Department Of Corrections, (00-6115 Civil Term August 2, 2001). Prisoners have been GRANTED preliminary,special injunctive relief in a variety of cases- Zilich VS. Lucht 981 F.2d 694 (3rd Cir. 1992); Parratt V. Taylor 451 U.S. 527, 101 S.Ct 1908, 68 L.Ed.2d 420 (1981). The Plaintiff who was a inmate sued a Warden for unconstitutionally depriving him of Legal Materials (3) C necessary for pending cases. Plaintiff Derrick McKinney #DT-7715, states that he has pending cases and that Irreparable Harm will come upon him if he is unable to properly plead his cases: Ibid. Parratt 451 U.S. 527. Rule No. #1531(a) of the Pennsylvania Rules of Civil Procedure states in part, A court shall issue a Preliminary or Special Injunction only after written notice and hearing unless it appear (s) to the satisfation of the court that immediate and Irreparable Injury will be sustained before notice can be given** Plaintiff has already suffered Irreparable Injury in that hehas suffered loss of his personal property without due process along with loss of his Legal Property he has not only suffered. the loss of his property but also he was "Assaulted" by S.C.I.CampHill's Officers and he is still being continues to be Harassed by the Defendants. Plaintiff has been deprived of the use of his own money, and his liberty interest in his rights to speak freely, and have been abridged by defendants willful and wanton denial of access to a workable Grievance system defined by law, which is a blatant Tort Feasor. 37 Pa.code§93.9; U.S.C.A. Amends 1; Pa.Const.Art.l§§1,7,and 20; Payne VS. Commonwealth Department Of Corrections, 813 A2d 918 (Cmwlth.2002). Plaintiff Derrick McKinney #DT-7715, asks also that the court consider that this Irreparable Injury is likely to keep occurring without an Special injunction, moreover how does the court expect to repair and recover Plaintiff Personal Property and destroyed Legal Papers and stop the Harassment. And there is an actual danger of this happening again. Misconducts is and was retaliatory for my action pending against CampHill Officers and Staff Members, and will suffer more harm again and again "IF THE COURT OF COMMON PLEAS DOES NOT INTERVENE. This course of misconducts violates my rights and will continue to do so now and in the future. Prisoners have been Granted Preliminary/Special Inunctions. Singleton VS. Lavan, 834 A2d 672 (Pa.Cmwlth.2003); Johnston V. Lehman,,649 A2d 730, 168 Pa.Cmwlth.245 (1994); Monmouth County Corr. Inst. Inmates VS. Lanzaro, 834 F.2d 326 (3rd Cir. 1987); Valentine V. Beyer, 850 F.2d 951 (3rd Cir. 1988). Farmer VS.Brennan, 511 U.S. 825, 114 S.Ct. 1970(1994). (4) D Johnson VS. Boreani,946 F.2d 67-72 (8th Cir. 1991); Young V. Lane 922 F.2d 370-374 (7th Cir. 1991); Orantes-Hernandez VS. Thornburgh 919 F.2d 549-564;(9th Cir. 1990; Kershner V. Mazurkiewicz, 670 F.2d 440-443 (3rd Cir. 1982); Elrod VS. Burns 427 U.S. 347-373 96 S.Ct. 2673 (1976). If 1-;.D6rrick McKinney #DT-7715 Plaintiff, was to go too court for said cases and I was to be housed at: S.C.I.CampHill I will be suffering undue hardships by having to continually face the defendants harassments the need for his safety outweighs the Prison officials in that if Plaintiff isandwas transferred back intoo the danger he left, the officials are obligated to his safety. Ibid. Earmer 511 U.S. 852; Mitchell V. Cuomo 748 F.2d 804 806 (2on Cir. 1984). CONCLUSION FOR THE FOREGOING REASONS THE COURT SHOULD GRANT THE PLAINTIFF'S MOTION IN IT'S ENTIRETY. #DT-7715 Derrick McKinney S.C.I. Graterford P.O. BOX 244 Graterford, PA. 19426-0244 5-29-07 Date: - errick McKinney #D 715, Prose 5(E) VERIFIED STATEMENT I Derrick McKinney #DT-7715 Plaintiff, do hereby verify that the foregoing Motion For Special Injuntive Relief is true and correct to the best of my knowledge, belief and understanding that any false statement herein are made subject to the penalties of perjurer= Date: 5-29-07 Derrick McKinney Pla' iff Sworn and subscribed before me ay of?2007 NOTA PU this NOTARIAL SEAL PATRICK J. LAVIN, SR., Notary Public Skippack Up., Montgomery County My Commission Expires March 16, 2010 (6) F t? J EXHIBIT (A) /wit, 07 F-BLOCK CONTROL GROUP RULES Unit Manager: Mr. Notarfrancesco Counselor: Mr. Haddock YOU HAVE BEEN PLACED IN THIS HOUSING UNIT FOR THE PURPOSE OF SEPERATING YOU FROM THE GENERAL POPULATION OF THE PA DOC. THIS IS A SPECIAL HOUSING UNIT AND IS NOT OPERATED IN THE SAME MANNER, AS A GENERAL POPULATION UNIT. YOUR BEHAVIOR AND ADJUSTMENT WHILE IN THIS HOUSING UNIT WILL BE DETERMINING FACTORS IN YOUR TRANSFER TO ANOTHER BLOCK, OR ANOTHER PRISON. DUE TO THE NATURE OF THIS CELL BLOCK, ANYTIME THAT YOU ARE OUTSIDE OF F-BLOCK YOU WILL BE UNDER DIRECT ESCORT BY STAFF. COUNT: WHEN COUNT IS ANNOUNCED YOU WILL BE STANDING AT YOUR CELL DOOR QUIETLY, WITH YOUR LIGHT ON AND T.V. AND RADIO TURNED OFF. ALL STANDING COUNTS ARE SILENT AND NO TALKING WILL BE TOLERATED. YOU AND YOUR CELL MATE WILL REMAIN STANDING AT YOUR GATE UNTIL TOLD THAT COUNT IS CLEAR BY THE OFFICER. STANDING COUNT IS CONDUCTED AT APPROXIMATELY 0500, 1230, 1730, AND 2100 HOURS. ENTERING AND EXITING YOUR CELL: WHEN YOU ARE CALLED FROM YOUR CELL YOU WILL REPORT OUT IN A TIMELY MANNER AND REPORT TO THE PROPER LOCATION. IT IS YOUR RESPONSIBILITY TO HEAR THE ANNOUNCEMENTS FROM THE BUBBLE OR FLOOR OFFICERS, AND TO FOLLOW THEIR ORDERS. MANY OF THE CELL DOORS ON F- BLOCK WILL NOT OPEN ON THEIR OWN; IT IS YOUR RESPONSIBILITY TO PULL IT OPEN WHEN YOU HEAR THE DOOR RUNNING. WHEN CALLED OUT OF YOUR CELL YOU WILL TRAVEL DIRECTLY TO YOUR DESTINATION, YOU WILL NOT STOP ON THE TIER FOR ANY REASON. ANY TIME THAT YOU LEAVE YOUR CELL YOUR BED WILL BE PROPERLY MADE AND THE CELL WILL BE ORDERLY. ALWAYS CLOSE THE CELL DOOR BEHIND YOU WHEN YOU LEAVE. UPON RETURNING TO YOUR CELL YOU WILL STAND AT YOUR DOOR WITH YOUR HAND ON THE DOOR HANDLE. STAND THERE AND WAIT. DO NOT WAVE YOUR HANDS OR SHOUT TO THE BUBBLE TO GET THE DOOR OPENED. WHEN THE OFFICERS. ARE READY TO OPEN THE DOOR THEY WILL OPEN IT. (NOTE: YOU MUST HAVE YOUR ID CARD WITH YOU AT ALL TIMES EXCEPT FOR SHOWERS!!!) PROPER DRESS: ANY TIME THAT YOU ARE OUT OF YOUR CELL YOU WILL BE PROPERLY DRESSED. THIS MEANS THAT YOU WILL WEAR A STATE SHIRT, WITH THE FRONT PROPERLY BUTTONED TO THE SECOND BUTTON FROM THE TOP. STATE ISSUED PANTS THAT ARE PULLED UP OVER YOUR HIPS, WITH THE SHIRT TUCKED INTO THE PANTS. YOU WILL WEAR STATE ISSUED BOOTS AND THEY WILL BE TIED (NO SNEAKERS OR SHOWER SHOES). YOU WILL HAVE YOUR ID CARD ON YOU AT ALL TIMES. THE ONLY EXCEPTION WILL BE FOR SHOWERS. IF YOU FOR SOME REASON CHOOSE TO EXIT YOUR CELL WITHOUT BEING PROPERLY DRESSED, YOU WILL AUTOMATICALLY FORFIT THE RIGHT TO PARTICIPATE IN THE ACTIVITY THAT YOU CAME OUT FOR. SHOWERS: SHOWERS ARE RAN IN THE MORNING. AFTER THE WARNING ANNOUNCEMENT, YOU WILL BE TOLD "SHOWERS COMING OUT". IN ORDER TO RECEIVE A SHOWER YOU MUST BE STANDING AT YOUR DOOR WITH THE LIGHT ON, YOUR TOWEL WRAPPED AROUND YOUR WAIST, AND SHOES ON YOUR FEET. MAKE SURE THAT YOU HAVE YOUR SOAP AND OTHER MATERIALS READY. IF YOU ARE NOT READY WHEN THE OFFICER COMES TO YOUR DOOR, YOU WILL NOT SHOWER. SHOWERS WILL LAST 5 MINUTES, AND YOU WILL EXIT THE SHOWER UPON THE ORDER FROM THE OFFICER. WHILE WAITING FOR THE SHOWER THERE WILL BE NO TALKING ON THE TIER. MAIL: IT IS YOUR RESPONSIBILITY TO TAKE YOUR MAIL TO THE MAILBOX. DO NOT ASK THE TIER RUNNERS OR STAFF TO CARRY YOUR MAIL. TIER WORKERS: DO NOT BOTHER THE TIER RUNNERS; THEY DO NOT WORK FOR YOU. THEY ARE USED BY THE OFFICERS TO MAINTAIN DAILY/WEEKLY CLEANING AND EXCHANGES. BASIC ISSUE: YOU WILL RECEIVE CLOTHING AND LINEN EXCHANGE ONLY ON THE SPECIFIED DAY ON F-BLOCK. AT THIS TIME YOU WILL ALSO RECEIVE SOAP AND TOILET PAPER. THIS IS THE ONLY TIME THAT THESE ITEMS WILL BE AVAILABLE TO YOU. THE EXCHANGE DAYS ARE; SATURDAY AND WEDNESDAY FOR TOWELS, AND SATURDAY FOR CLOTHING, LINENS AND TOILETRIES. THESE DAYS MAY CHANGE DUE TO HOLIDAYS. BASIC ISSUE WILL CONSIST OF: A. PILLOW CASE-I B. SHEETS-2 C. BLANKET-1 D. SOAP-2 1 GREEN, I WHITE E. TOWEL-1 F. TOILET PAPER-I Note: If you have money on the books, you are expected to purchase your own toiletries (le. soap, toothpaste, shaving cream and razor). Only indigent inmates and those not able to go to commissary will receive these items on a weekly basis. Send a request slip to the block sergeant for these items. COMMISSARY: COMMISSARY SLIPS WILL BE PASSED OUT AND COLLECTED ON FRIDAY EVENINGS. ON THRUSDAY EVENING THEY WILL BE DELIVERED TO THE HOUSING UNIT. ACTIVITIES: ALL ACTIVITIES INCLUDING CHAPEL SERVICES ARE SIGNED UP FOR ON A LIST THAT COMES AROUND IN THE MORNING. AFTER AN ANNOUNCEMENT IS MADE AND YOU WANT TO SIGN UP, YOU MUST BE STANDING AT YOUR GATE WITH THE LIGHT ON, AND STOP THE OFFICER. IF YOU FAIL TO SIGN UP AT THE DESIGNATED TIME, YOU WILL NOT BE PERMITTED TO PARTICIPATE IN THE ACTIVITY. ALL ACTIVITIES REQUIRE THAT YOU HAVE AN I.D. CARD IN ORDER TO GO. CELL CLEANING: EVERY SATURDAY MORNING CELL CLEANING WILL BE CONDUCTED AT THE CONCLUSION OF MAINLINE. ALL INMATES WILL BE RESPONSIBLE FOR CLEANING THEIR LIVING AREA, NO EXCUSES! CELLS WILL BE INSPECTED BY STAFF WEEKLY, AND ANY DEFICIENCIES WILL BE CORRECTED BEFORE ANY OTHER DAILY ACTIVITIES WILL BEGIN. YARD AND PHONES: WHEN YARD IS CALLED YOU MUST EXIT YOUR CELL IMMEDIATELY IF ATTENDING. IF YOU WANT TO MAKE A PHONE CALL, IT WILL BE DURING YARD/DAYROOM TIME, AND YOU MUST CHOOSE ONE OR THE OTHER. EACH TIER WILL HAVE AN OPPORTUNINTY, AT LEAST, EVERY FOUR DAYS BUBBLE: THE BUBBLE STEPS ARE OFF LIMITS AT ALL TIMES!!!! DO NOT APPROACH THE BUBBLE FOR ANY REASON, OR STAND BELOW THE STEPS AND WAVE AT THE OFFICER. IF YOU HAVE A QUESTION ASK YOUR FLOOR OFFICER. GENERAL: THERE IS ABSOLUTELY NO TALKING ACROSS THE TIER. PASSING OF ITEMS IS NOT PERMITTED EITHER. TOBACCO: F-BLOCK IS A TOBACCO FREE HOUSING UNIT. NO TOBACCO USE WILL BE PERMITTED, WHETHER YOU ARE IN BLUES OR BROWNS. IF YOU BLOW OUT AN ELECTRICAL OUTLET, YOU WILL HAVE TO PAY FOR REPAIR, AND RECEIVE A D.C. 141 OUT OF STATE PAROLE VIOLATORS: AS A PAROLE VIOLATOR YOU ARE BEING HOUSED ON F-BLOCK ON A TEMPORARY BASIS UNTIL YOU ARE TRANSPORTED BACK TO YOUR HOME STATE. WHILE ON THIS BLOCK YOU ARE EXPECTED TO FOLLOW ALL REGULATIONS AS OUTLINED IN D.O.C. POLICY, AND THE F-BLOCK RULES. UPON RECEPTION, YOU WILL RECEIVE A BASIC ISSUE, AS OUTLINED ABOVE. YOU DO NOT HAVE COMMISSARY PRIVILEGES WHILE HOUSED HERE. TEI1r AAURX TRANS • TEMPORARY TRANSFERS ARE HOUSED ON F- BLOCK AND OUT OF THE GENERAL POPULATION BECAUSE S.C.I. CAMP HILL IS NOT THEIR HOME INSTITUTION. BECAUSE THIS IS A TEMPORARY HOUSING ARRANGMENT, YOU ARE NOT PERMITTED TO PURCHASE COMMISSARY, OR PARTICIPATE IN OTHER ACTIVITIES THAT YOU HAD AVAILABLE AT YOUR HOME INSTITUTION. UPON ARRIVAL AT S.C.I.C. YOU WILL RECEIVE A BASIC ISSUE, AND EACH WEEK THE OFFICERS WILL ATTEMPT TO PROVIDE YOU WITH BASIC NECESSITIES. THESE ARE RULES SPECIFIC TO CONTROL GROUP, AND FALL UNDER D.O.C. GUIDELINES. IN ADDITION, IT IS YOUR RESPONSIBILITY TO FOLLOW THE DIRECTIONS OF THE BLOCK STAFF. CELL CONTENTS: DO NOT HAVE ANYTHING EXTRA IN YOUR CELL. YOU SHOULD HAVE TWO PAIRS OF CLOTHING, TWO SHEETS, ONE PILLOW CASE, ONE PILLOW, ONE BLANKET, AND ONE TOWEL. WHILE YOU ARE HOUSED HERE AND SHOULD HAVE ANY CONCERNS REGARDING YOUR STATUS, DIRECT THEM TO THE UNIT MANAGER AND/OR COUNSELOR. YOU MUST PUT A REQUEST SLIP IN TO THEM IN ORDER TO HAVE YOUR CONCERNS ADDRESSED. THE REQUEST BOXES ARE LOCATED ON THE PODS. 0 EXHIBIT (A)-1 Form DC-135A INMATE'S REQUEST TO STAFF MEMBER S. C. I.CampHill Business Manager Mr. Robert Gimble - Commonwealth of Pennsylvania Department of Corrections ._-INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more _promptly and intelligently. 1. To: (Name and Title of Officer) Business Manager Robert Gimble 2. Date: 2-26-07 3. By: (Print Inmate Name and Number) Derrick McKinney #DT-7715 4. Counselor's Name __N/A Inmate Si nature 5. Unit Manager's Name S. C. I.CampHi11 F-Block Unit Manager 6. Work Assignment None 7. Housing Assignment S. C. I . CampHill F-Block B-32 8. Subject: State our request completely but briefly. Give details. Mr.Gimble Please conatct Superintendent Kelchner about this request to you. Mr. Gimble ou must also contact your attorney of record Deputy Attorney General Timothy P. Keating for said case: McKinney VS. Gimble Et,al. #04-1013; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA. As I Derrick McKinney Plaintiff have already explained to: Superintendent Kelchner Via DC-135A Request To Staff Member, I Plaintiff Derrick McKinney should not be housed at: S.C.I.Cam Hill for no-reason-whats-soever. This would be retaliation - if anything should happen to,me while ' here. I will not o intoo to man details, lease contact our attorney and he will beable to tell you that this is not good for either parties in this case of McKinney V. Gimble Et,al. #04-1013 Civil Term. Thank you for your preciuos time an your patience with me! . ,? '? R>f ns dnl t -' ,fi To DC-14 CAR only ? To DC-14 CAR and DC-15 IRS ? Staff Member Name Print Date Sign Revised July 2000 ti EXHIBIT (A)-2 UU-804 COMMONWEALTH OF PENNSYLVANIA Part 1 FOR OFFICIAL USE ONLY DEPARTMENT OF CORRECTIONS #180757 P. O. BOX 598 CAMP HILL, PA 17001-0598 GRIEVANCE NUMBER OFFICIAL INMATE GRIEVANCE TO: FACILITY GRIEVANCE COORDINATOR FACILITY: DAT3F_2 07 Ian W. Taggart SCI Camphill - FROM: (INMATE NAME & NUMBER) SIGNATURE of INMAT Derrick McKinney #DT-7715 WORK ASSIGNMENT: HOUSING ASSIGNMENT: Block Janitor S.C.I. Graterford A-Block A-143 INSTRUCTIONS: 1. Refer to the DC-ADM 804 for procedures on the inmate grievance system. 2. State your grievance in Block A in a brief and understandable manner 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have contacted. A. Provide a brief, clear statement of your grievance. State all relief that you are seeking. Additional paper may be used, maximum two pages. (One DC-804 Part 1 form and one, one-sided 81/2' x 11" page). On the above date and the time was about 9:15 A.M. I Plaintiff Derrick McKinney came intoo the receiving room to be transferred out of S.C-.I.CampHill I had inquired about my white Black Ball Point Pen and my Yellow Hi-Liter. Officer John Doe stated verbatim "quote foe quote" (You are the type of nigger that needs to be taken out back and shot) I then said in the Afrikanns Language "some things stay the same" so then the same Officer stated "Yeah and your Mother too" I sen't an DC-135A.request to staff member to Lt.Hepner on 2-26-07 to let him know that after going through my property I did not have my Pen and Hi-Liter when I talked to him he told me he got my request. I would like this Officer which is the tallish Officer that was working on 3-2-07 6 A.M. to 2 P.M. shift to be identify. And he is being sued in his individual copacity for$50,000.00. B. List actions taken and staff you have contacted, before submitting this grievance. I told Lt.Hepner what this Officer said to me he did not have time to rectify the situation because I Plaintiff Derrick McKinney #DT-7715 was placed on the bus to be transferred back to S.C.I.Graterford. Your grievance has been received and will be processed in accordance with DC-ADM 804. Signature of Facility Grievance Coordinator Date WHITE - Facility Grievance Coordinator Copy CANARY - File Copy PINK - Action Return Copy GOLDENROD - Inmate Copy Revised August 2004 • EXHIBIT (B) • DC-804 FOR OFFICIAL USE ONLY Part 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS #180225 P.O. BOX 598 GRIEVANCE NUMBER CAMP HILL, PA 17001-0598 OFFICIAL INMATE GRIEVANCE TO: FACILITY GRIEVANCE COORDINATOR FACILITY: DATE: Ian W. Taggart S.C.I.CampHill 2-28-07 FROM: (INMATE NAME & NUMBER) SIGNATURE of INMATE: Derrick McKinney #DT-7715 WORK ASSIGNMENT: H USING ASSIGNMENT: None F-Block B2-32 INSTRUCTIONS: 1 Refer to the DC-ADM 804 for procedures on the inmate grievance system. 2. State your grievance in Block A in a brief and understandable manner. 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have contacted. A. Provide a brief, clear statement of your grievance. Additional paper may be used, maximum two pages. I'am submitting this "Grievance" before the bogus DC-141 Misconduct start. I came from S.C.I.Graterford on: 2-26-07 for an temporary transfer, and I'm being retaliated on for said cases: McKinney VS. Gimble Et,al. #04-1013 Civil Term, McKinney V. Guthrie Et,al #1:01-CV-2088, and McKinney VS. Keicr_n r Et,aJ_. *1:05-CV-00205. I have to put in a Notice Of Adc.;.e5s Change for each said case, I did not receive anything but my Legal Work. I do not have envelopes I did not have a cup to drink out of, I did not have a washcloth to clean myself with. I have not eaten anything to this date 2-28-07 nor have I taken any medication, these people here at: S. C.I.CarapHill tried to Kill me (4) four times already in the past and one (1) time was to poison my food I did not eat it at said time, The other (3) three times was from vicious assaults!! I should not be housed here for no-reason-what-soever, before submitting this DC-ADM 804 Grievance I filed a DC-135A Request To Staff Member to: Business Manager Robert Gimble and Superintendent Donald L. Kelchner.My first night here "2-26-07" One of the defendant's C/O Bloor was working F-block on 10 P.M. to 6 A.M. Shift, this is a conflict of interest in said case: McKinney VS. Guthrie Et,al.1:01-CV-2088. I should be transferred, B. List actions taken and staff you have contacted, before submitting this grievance. Before more ret accrue. I contacted each Sergeant on 6 A.M. to 2 P.M. and the 2 P.M. to 10 P.M. Shifts. Only Sergeant I did not contact was the Sergeant for 6 A.M. to 2 P.M. Shift for the date of: 2-26-07. When I first came on F-block from R-block I told each Sergeant to this day of: 2-28-07, about my situation and none of them did anything to help. Your grievance has been received and will be processed in accordance with DC-ADM 804. Signature of Facility Grievance Coordinator Date liatior WHITE -Facility Grievance Coordinator Copy CANARY - File Copy PINK -Action Return Copy GOLDENROD - Inmate Copy Revised December 2000 Form DC-135A Commonwealth of Pennsylvania Department of Corrections EXHIBIT (B)-1 INMATE'S REQUEST TO STAFF MEMBER t Complete items number 1-8. If you follow instructions in THIS IS APPEAL OF GRIEVANCE #180225 preparing your request, it can be responded to more ____....-Promptly and Intelli entlY,__.____- --- 1. To: (Name and Title of Officer) 2. Date: 3-18-07 erintendent Kelchner _ - --_ - i 3. By: (Print Inmate Name and Number) j 4. Counselor's Name S.C. I .Graterord Derrick McKinney #DT-7715 I Mr Harlan ?-_._-----_---- -- __._.y _.--- i 5. Unit Manager's Name S-C. I . Graterford _ j Mr.Pasquale Inmate Signature ?6. Work Assignment j 7. Housing Assignment S.C.I.Graterford Block Janitor at:Graterford ` Block 8. Subject: State your request completely but briefly. Give details. _ -' Mr.Kelchner First and foremost I wrote to:Lt.Hepner about not having a -set-up on 2-26-07, and when I was leaving S.C.I_CampHill he stated that he did received it. When Unit Manager Notarfrancesso came to m cell on the 28th all he was concerned about was me not eating. I had asked him can I lease go too commissary because I did not have nothing. He said I'm not letting you go to commissary, I then said thank you for your precious time and your patience with me he? stated I don't have no-patience. Mr. Kelchner - ---- Please contact Lt.Hepner and he will inform you that I did writeto him an DC-135A Request To Staff Member cell but my legal work. I was at:S.C.I.CampHill for court for said case McKinney VS. Guthrie Et,al. #1:01-CV-2088,and this is nothing but retaliation for cases:McKinney V. Gimble Et,al.#04-1013, 9. Response: (This Section for Staff Response Only) CONTINUE To DC-14 CAR only 0 To DC-14 CAR and DC-15 IRS 0_ Staff Member Name / Date Print Sign Revised July 2000 i f EXHIBIT (B)-2 4160225,GRIEVANCE APPEAL TO: SUPERINTENDENT KELCHNER and McKinney VS. Kelchner Et,al. #1:05-CV-00205. I should have never been housed ;at:S.C.I CampHill in the first place, and Lo give ate nothing to wash with, nothing to cat with, nothing to brush my teeth with, was sad, but not out of place as far as S.C.I.CampHill is. This so-called control unit should not have housed no-inmate's until it got everything togather first. While Mr.Notarfrancesso was at my cell I also told him that it was no-razor set-up. I did not have any with me my Inventoi_.," •heet # 7 812101 will confirm this and me having a~ Pt::n and -1 iter. All I had was my legal work, shower shoes,one (1) undershort and one (1) underwear top. This grievance is filed in a timely manner because I'm housed at: S.C.I.Graterford. Thank you! D.M. EXHIBIT (C) PROGRAM REVIEW COMMITTEE COMMONWEALTH OF PENNSYLVANIA ACTION ATTACHMENT ?MisconductAppeal ?PeriodicReview ?Other DEPARTMENT OF CORRECTIONS DC Number Name Institution Date of Review No. from Part 1 PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE ' Age: Date of Birth: From: -7 Custody Level: Program Codes: .,•y' Reason for Transfer: { L f ' ' Separations:.. , Mental Health History: ` Medical Concerns: Placement Block: Cell: 1 Bed: f J +F J, ?! Smoking: Yes No Counselor: Additional Comments: DECISION RELATIVE TO THE HEARING COMMITTEE'S VERDICT ? Not Applicable ? Sustain ? Sustain-Amend ? Refer Back for Further Study ? Exonerate Inmate Names of Program Review Committee Members Signatures Date DC-153 (Rev :8/ 6) INMATE ERSONAL;PROPERTY INVENTORY Transfer ? Hold O Initial Disposition' ?-Other --' ' COMMONIALIH OF REWNSY(t?/AN1ie(-` DEPARTIVIENT'0 ' CORFIECTIONS DC Number` Name ' ? ) t n + Method cif Disposition S- Ship R -.,Return W Inmate D =-Destroy' H - Hold for Inmate A 83,19-73 CLOTHING &" ACCESSORIES GROOMING ITEMS MISCELLANEOUS ITEMS ITEM: NO. M ETH. ITEM. NO. M ETH. , ITEM NO.. M ETH. ITEM NO. M ETH. Ath. Shorts Brush Lighters Air Freshener Ath. Support Comb: -Matches . Allergy Tablets Belt - - :-Dental Floss Pie Ba -Laund ry Cap Denture Cu - ` Pipe Cleaners Basin Coat , I Dentures Pipe Filters-- Batteries Coat=Rain Deodorant ' Tob.-Chew. Books Coat-To Hair Dressin g lob. Ci . Bowl w/ Lid Gloves Hair Pick Tob: Pie Carbon Paper Handkerchief Lotion-Shave Tob.-Pouch Checkers Hat Lotion-Body Tob.-Snuff Chess Jacket=? = Lotion-Hand . FOOD Cu Pajamas- Mirror :.., ITEMS Dictionary, . Robe ., Nail,Cli . ` .-. ,,i EM.:.. NO. M ETH. Earphones Shirt" . - - PetroTeum Jell - Bagels' Einveto -e Shoe Brush Razor ;i` Candy-Bag Erasers Shoe Polish RazorBlades Candy=Bar Extension Cord Shoes=Boots Sham oo Cereal Eyeglass Case Shoes-%e_ss Shaving Cream Cheese Eyeglasses Shoes-SW6w9r Soa Chips Eyeglasses-Sun Shoes-Sandal Soa .Dish Coffee Games Shoes-Sneakers Talcum Powder Cookies Glass Shoes-Work Toothbrush ` Crackers Headset Slippers Toothbrush/Pwd. / Creamers Lam Socks 1 Towel Donuts Le gal Books Sweat Belt Tweezers Drink Mix Legal Material Sweat Pants ! Washcloth' Hone Buns Lock Sweat Shirt „ . TOBACCO, Hot Chocolate Loose-Leaf Sweat Suit ?;.;: ..., , ?. • ; ITEMS Jell _ . ,- . -Binder Sweaters ITEMS _..- •. -• - -°NO: -METH. ; Meat Stick Magazines Trousers Ash ra ! ± Noodles & _ Neck Chain T-Shirt Ci . Papers Cheese Needles Undershirt CI . Roller!, Peanut Butter Notebook U der•shorts ; Ci . Cartoon Peanuts Pencils Underwear Bot. i . Pack Pretzels Pencil Sh . Underwear To ^ i ars Rice Pens "Lighters Sous Photo Album t Su ar Photographs, = = Tea Pla In Cards r? ,,.. 4 4 y -TunaT - Posters . ?a: _ : Be6fi+Stew (Ch[Iia+aX6eans Books Mackerel R'el[ loos Mat. i I Salmon Religious Sardin9s Metal. Rug Ruler Spoon Tablet Paper Tab Typing Paper Writing Paper Personal Mail ITEM DES CRIPT ION OR SERIAL NO. NO. M ET H. ITEM DESCRIP TION O R SERIAL NO. NO. M ETH. Calculator Footlocker Guitar Guitar Case ' Guitar Strin s ,Ke board .. . ;MedicahBracelet:'. ; ;, "Radio T.V',•Arjtenna' T ew,', ter ,Jyp#WHf6r Caere Watch, MAIL TO Articles marked "S" mailed (signature and title) Date Mailed The propertydescribed-above was invento 'ed and processed as indicated Signature of Property Officer Signature of In ate' .3-2 -107 Facility Date The-property above was received and processed -Signature of Property Officer Signature of Inmate Facility Date CANARY - INMATE COPY AFTEH ALL PROGE551NU COMPLETED GOLDENROD- INMATE COPY WHEN ITEMS ARE INVENTORIED EXHIBIT (D) ??. CAS . ,. EXHIBIT (E) , FORM DC-141 PART I COMMONWEALTH OF PENNSYLVANIA Rev sioo DEPARTMENT OF CORRECTIONS A 675138 ? MISCONDUCT REPORT OTHER ? DC-ADM 801 INFORMAL RESOLUTION DC Number Name Institution Inci e tTiime 24 Hr. Base Incident Date Date of Report uarters Place of Incident OTHER INMATES OR STA FF INVOLVED OR WITNESSES (CHECK I OR W) DC Number Name I W DC Number Name I W T MISCONDUCT CHARGE OR OTHER ACTION + STAFF MEMBER'S VERSION ? C r B:f_Y'af ?G 4 I J IMMEDIATE ACTION TAKEN AND REASON / r?ii ?:. ?"rJ ?. i4 ' ? -N/J !1I `?u .?u.+1 .+=?,/? ?-" ?_ .;4 -" ?' ar .?.?'?ST` G? i M PRE-HEARING CONFINEMENT IF YES CL S TIME DATE 5J *? FORMS GIVEN TO INMATE ? REQUEST FOR WITNESSE S AND REPRESENTATION ? INMATE'S VERSION ° REPORTING STAFF MEMBER ACTION REVIEWED AND APPROVED BY DATE AND TIME INMATE GIVEN COPY GNATURE AND TITLE RANKING C.O. O DUTY SIGNATURE AND TITLE p TIME 24 HOUR BASE i YOU HEARING M BE SCHEDULED ANY TIME AFTE DA E TIM MISCONDUCT CATEGORY ? C r, LII C S 2 Sign Serving Notice u NOTICE TO INMATE You are scheduled for a hearing on the allegation on the date and time indicated or as soon thereafter as possible; rYou may remain silent if you wish. Anything you say will be used against you loth at the misconduct hearing and In a court of law, If this matter is referred for criminal prosecution. If you choose to remain silent, the hearing committeelexaminer may use your silence as evidence against you. If you indicate that you wish to remain silent, you will be asked no further questions. If you are found guilty of a Class 1 misconduct, any pre-release status you have will be removed. wrn i t - UG-15 YELLOW - Inmate PINK - Reporting Staff Member GOLDENROD - Deputy Superintendent Facility Management I DC ADM 801 Inmate Discipline Policy, Attachment B Form DC-135A EXHIBIT (E)-1 INMATE'S REQUEST TO STAFF MEMBER S.C.I.CampHdll Business Manager Mr.Robert Gimble 1. To: (Name and Title of Officer) Business Manager Robert Gimble 3. By: (Print Inmate Name and Number Derrick McKinney #DT-77 5 Inmate Sinnatnm Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more DromDtIv and intelligentiv. 2. Date: 3-26-06 4. Counselor's Name S. C. I. CampH i l l N/A 5. Unit Manager's Name S. C.I .CampHill F-Block Unit Manager 6. Work Assignment 7. Housing Assignment S . C. I . CampHill None F-Block B-32 8. Subject: State our request completely but briefly. Give details. Mr.Gimble Pleasecontact Superintendent Kelchner about this request to you. Mr.Gimble you must also contact your attorney of record Deputy Attorney General; Timothy P. Keating for said case: McKinney VS. Gimble Et,ai. #04-1013, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. As I Plaintiff Derrick McKinney have already explained to: Superintendent Kelchner Via DC-135A Request To Sta f Member, I Derrick McKinney Plaintiff should not be housed at: S.C.I.CampBill for no-reason-whats-soever. This would be retaliation if anything should happen to me while I'm here. I will not go intoo to many details. Please contact your attorney and he will beable to tell you this is not good for either parties in this case of McKinney V. Gimble Et,a 04--1013 Civil Term. Thank you for your preicous time an your patience vtth e. To DC-14 CAR only ? Staff Member Name / Print Revised July 2000 To DC-14 CAR and DC-15 IRS ? Sign Date DC-804 Part 1 OFFICIAL INMATE GRIEVANCE • EXHIBIT (F) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS P.O. BOX 598 CAMP HILL, PA 17001-0598 FOR OFFICIAL USE ONLY # 183764 GRIEVANCE NUMBER TO: FACILITY GRIEVANCE COORDINATOR FACILITY: E: DAT Ian W. Taggart .C.I.CampHill 4-1-07 FROM: (INMATE NAME & NUMBER) SIGNATURE of INMATE: S . C . I . Graterford Derrick Mckinney #DT-7715 WORK ASSIGNMENT. S.C.I.Graterford HOUSING ASSIGNMENT: S.C.I.Graterford A-Block Janitor A-Block B-143 INSTRUCTIONS: 1 Refer to the DC-ADM 804 for procedures on the inmate grievance system. 2. State your grievance in Block A in a brief and understandable manner. 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have contacted. A. Provide a brief, clear statement of your grievance. Additional paper may be used maximum two pages. On:3-27-07 I was placed in the R.H.U. see DC-141 #A6'5138 I showed Sgt.Powei 2 P.M. to 10 P.M. R.H.U. Sergeant that the cell that he moved me in R.H.U. B-48 cell toilet was.broke and the contents would not go, down and it would leak-on the sides, he said "Okay" The next day-3-28-07 I showed Sgt.McUeing on 6 A.M. to 2 P.M. he stated: Welcome To The R.H.U.! On that same day 3-28-07 P.R.C. came to my cell door, Deputy Superintendent Patton, Major Cole Program Manager Marsh, R.H.U./S.M.U. Unit Manager Southers, and a Lieutenant I did not get the correct spelling of his name. I told them tlpatI was miserable and I was in a broke cell and I did not have nothing. Like a wash cloth to wash up with, and my Legal Work on 3-29-07 and 3-30-07 I got with the Sergeants on 6 A.M. to 2 P.M. Shifts and 2 P.M. to 10 P.M. shifts about not still having ao-?, no-was cloth nor my legal work and I did nothing to warrant this. I also talked to the Lieutenant on 3-29-07. On 3-30-07 I tried to talk to Lt.Flowers but she would not talk to me, she told me to talk too the officers, ,I spoke with some of the officers but did not know theirs names, but one; that was c/o Snider I also told him I needed a DC-135A request for my appeal to: Superintendent Kelchner for Grievance Cam No.#180757 which he B. List actions taken and staff you have contacted, before submitting this grievance. I'am down for court on: Mckinney VS. Guthrie Et,al. 1:01-CV- 2088. So I wrote DC-135A Requests To: Superintendent Kelchner for said case: McKinney V. Kelchner Et,al.#1:05-CV-00205, and to Business Manager Robert Gimble for said case: McKinney V. Gimble Et,al. #04-1013. Again after getting with all these people you would think something should be done. Nothing was done to even help my sitaution! Your grievance has been received and will be processed in accordance with DC-ADM 804. Signature of Facility Grievance Coordinator Date WHITE - Facility Grievance Coordinator Copy CANARY - File Copy PINK - Action Return Copy GOLDENROD - Inmate Copy Revised nor_Pmh,Pr 9nnn EXHIBIT (F) did give. to me. I then spoke to the Sergeant that was working that day on 3-30-07 for 6 A.M. to 2 P.M. Shift] after takening the staps of command Lt-Flowers would have been next. She was giving the trays out down on the bottem tier, and I ask to speak to her again, and I told her what I did and who I talked too. A C/O John Doe at 12:00 P.M. while he was doing his rounds because he kept on calling me Stevie Wonder because of my `TintedEyeglasses" he told me that I would have to get with the R.H.U. Property Officer Kline. I did not see Property Officer Kline until 4-1-07 at which time it was 3:51 P.M. and he gave me a wash cloth (1) one underware and (1) one undershirt and a DC-153 Inventory Sheet A781945 for Legal Work I told him I had just came off a visit with my Attorney Jay A. Hochburg, I needed some of my legal work for me to go through for court the next day, he said I was not getting any in my cell. C/O Kline is a defendant for said case: McKinney VS. Gimble Et,al No. #04-1013, this case is dealing with my property. This is why I think I was placed in the R.H.U. to be retaliated on. After geting with all these people you would think some thing should be done. Nothing was done to even help my situation. This was not a mistake S.C.I.CampHill did this so I can not win said case: Mckinney VS. Guthrie Et,al. #1:01-CV-2088 (3rd Cir #02-1620) which I was going to court for. Bounds V. Smith 430 U.S. 817 (1977) Significantly expanded the right of access to the courts. See John L. VS. Adams 969 f.2d 228,236 6th Cir.(1992) Bounds applies only to Civil Action related to incarceration. EXHIBIT (F)-l'- DC-141 PART III COMMONWEALTH OF PENNSYLVANIA PROGRAM REVIEW COMMITTEE ACTION DEPARTMENT OF CORRECTIONS 0 Misconduct Appeal ? Periodic Review 0 Other DC Number Namgg?? P (IV ell Institution Date of RevieF -2 , '-G No. from Part I T PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE INITIAL REASON FOR CONFINEMENT: NATURE OF MISCONDUCT: ENTRY DATE t ? Cr ?DC MAX DATE DC STATUS AC STATUS #OF INITIAL J 75 f ? Y DC-141 / tl ' PROGRAM REVIEW COMMITTEE S DECISION AND RATIONALE: BEHAVIOR:> REQUESTS/CONCERNS: INTERACTION WITH COMMITTZE PRC ACTION: SUPERINTENDENT'S REVIEW/APPROVAL: ?" f r DECISION RELATIVE TO HEARING COMMITTEE'S VERDICT 0 Not Applicable 0 Sustain 0 Sustain-Amend 0 Refer Back for Further Study 0 Exonerate Inmate Names of Program Review Committee Members Signature Date David E. Patton, DSCS Eugene J. Brannigan, DSFM U^ ? f ? -? CCPM h ?} J WHITE-DC-15 YELLOW-Inmate Cited PINK-Staff Member Re ing Misconduct OL ENROD-Deputy Superintendent EXHIBIT (F)-2 Form DC-135A INMATE'S REQUEST TO STAFF MEMBER APPEAL TO:SUPERINTENDENT Mr.Kelchner Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS Complete items number-l-=8. If you follow instructions in preparing your request, it can be responded to more promptly and intelligently. 1. To: (Name and Title of Officer) Superientendent Mr.Kelchner 2. Date: 4-2-07 3. By: (Print Inmate Name and Number) Derrick McKinney #DT-7715 4. Counselor's Name S . C. I .Graterford Mr.Harlan. G ?-- Inmate Sign 5. Unit Manager's Name S. C. I . Graterford Mr.Pasquale 6. Work Assignment S.C.I.Graterford A-Block Janitor 7. Housing Assignment S.C.I.Graterford A-Block B-BSM 143 8. Subject: State your re uest com letel but briefly. Give details. Superintendent Kelchner This is my appeal of P.R.C. DC-141."Other" #A675138 with respects to DC-141 Partlll.(3). The Program Review Committee's Decision Rationale: I Derrick Mckinne will o with Requests/Concerns where it stated "None" one of m main concerns was m (Legal Work because I was being housed at:S.C.I.Cam Hill for court for said case McKinney VS. uthrie Et,al. 1:01-CV-2088 :#02-1620 3rd. Cir 2002 I had asked D.S.C.S. David E. Patton for my Legal Work. Prisoner "Mr.Ilbreheim Allen #G%-7874" who is housed in the R.H.U. D-Block Bt49 celli,which is right neat door to my cell at that time D-Block R.H. U. B-48 cell. He will be my witness in court that he had heard me ask about having my legal work in my cell because I had No-Legal works in my cell at that time. I did not see the R.H.U./S.M.U. Property Offic Kline until yesterday 4-1-07, which is a defendant for said case: McKinney V. Gimble Et,al. #04-1013, and this legal case 1s dealing v:Lr-n To DC-14 CAR only ? To DC-14 CAR and DC-15 IRS ? Staff Member Name / Date Print Sign ar Revised July 2000 • EXHIBIT (F)-2 Plaintiff Derrick McKinney #DT-7715, Personal Property. I asked Property Officer Kline for my legal work also so I can have it in my cell B-48 R.H.U. he said I will not be having any legal work in my cell at this time; which was 3:51 P.M. I had asked C/O,Kline for the time. Plaintiff believe's this was done because C/O Kline was going home at 4:00 P.M. Mr. Ibreheim Allen #GX-7874 will be a vitness to this also. Again because he is right next door B-49 cell in the R.H.U. and he heard me ask C/O Kline for my legal work. I should have been allowed to have my legal work for said case: Mckinney VS. Guthrie Et,al. 1:01-CV-2088 (3rd Cir. #02-1620). Because S.C.I.CampHi'll Staff Members knew I was down here for court including you Superintendent Kelchner!! See Request DC-135A Dated: 3-26-07 and 2-26-07. Under Bounds VS. Smith 430 U.S. 817 (1997); Significantly Expanded The right Of Access To the Courts And Bounds: Applies to Civil Action related to incarceration. D.M. _ FKHIBIT DL'804ti FOR OFFICIAL ISE ONLY paitla 7± i ,,. HCOMMONWEALTH.OF PENNSYLVANIA t DEPARTMENT; OF CORRECTIONS?? a, `4 d P.O. BOX 598 GRIEVANCE tMBER? CAMP HILL, PA 17001-0598 OFF CIAL I MATE GRIEVANCE; E ! ' DATE. s. TO"? C IT, GRIEVANCE cOORDINATOR, FACILIT ?Y: (f/ F-RO?vI(INM'ATE'NAME & NU 'SIG NATUREof IN ATE: *'' ` rte' ..» r- WORK ASSIGNMENT: HOUSING ASSIGNMEN r F 1.., /k 4"or ` INSTRUCTIONS 1'- Refer to the°DC ADM 804 for procedures on, the inmate grievance system. •? 2?: State?yourt'gnevanee int Block Akin-'a brief and 11 ' derstaridab e manner. ' 3" List in Block B.any actions you- may hwe taken to resolve-this matter. Be sure to include the identity of staff rn tuber's-, 66 ave contacted. a - A Provide a b'nef,<clear sfetement_of_your, grievance. Additional paper may be used,. rnxlmum< wcipages ,. _tw. owrw ?? ew S { °k M? r a' fltwl 4 +0 'oo { OA) Xft 6AV r€ 3 s s; i A G ii?+ 6;k ? .dG r 1 /a'? / 1,3 1 Ile t B` List actions taken and staff you have contacted before submitting t is grievance 71- tie x;, Sew Your grievance hasbeen,received and will be processed in accordance with DG-ADM 804. Signature of Facility 'Grievance coordinator - Date WHITE -Facility Grievance Coordinator Copy 'CANARY-File Copy `PINK -'Action Return Copy GOLDENROD -Inmate Copy Revised EXHIBIT (G)-1 Form DC-135A ?- -- Commonwealth of Pennsylvania Department of Corrections INMATE'S REQUEST TO STAFF MEMBER INSTRUCTIONS S.M.U. Mod-E Pod-D Complete i ems number 11-8. If yuu toiiuw instructiafis iri PROPERTY ROOM OFFICERS preparing your request, it can be responded to more promptly and intelli entfi ___ - v To: (Name and Title of Officer) ---___--_.._ 2. Date: C/O Kline AND C/O Lehman 1-30-03 3. By: (Print Inmate Name and Number) 4. Counselor's Name Derrick McKinney #DT-7715 Mr.Southers 5. Unit Manager's Name . S t e i g e r w a 1 t Mr I Inmate Signature - 6. Work Assignment 7. Housing Assignment None S.M.U. Mod-E Pod-D D-216 8. Subject: State our request completely but briefly. Give details. ` - Property Room Officers Lehman/Kline would like m 30 da Legal Exchange for 1-30-03 Request on: 1-28-03 So the Property Officer's I put in a Inmate - can have m request slip for it's allotted time, the last 30 da Le al Exchange was on: 12-30-02 m request slip was in about 7 days before that I informed P.R.C. that I had Motions to answer for Criminal Term and Civil Cases. This is my final request for my Legal Exchange I would like my Legal Exchange for 30 days. __--, ------ D.M. 9. Response: This Section for Staff Response Only) IRS ? - To DC-14 CAR only ? To DC-14 CAR and DC-15 Staff Member Name Print Sign Date Revised July 2000 EXHIBIT (G)-2 Form DC-135A Commonwealtli o ennsy vanla Department of Corrections INMATE'S REQUEST TO STAFF MEMBER s . m . U . Mod-E Pod-D INSTRUCTIONS cr!=ERTY RCCM nc?t'TCERS t:? ? .. ti,.,.> _?s ? .?.,...,,., ? ate>•SiS E?Liiiuei" 1-8. If you iUiii7wttl5tft1Ct1t1tlsif7 n Complete ornpre?'" preparing your request, it can be responded to more -- - -- promptly and 1. To: Name and Title of OQfficer I1I n O Lehm I C i ( 2. Date: _7_03 2 a J ne AND Kl C/O 1 By: (Print Inmate Name and Number 4. Counselor's Name Derrick McKinney #DT-77 5 1 Mr_Southers 5. Unit Manager's Name j Mr.steigerwalt Inmate Sign _ ?6. Work Assignment 7. Ho sing %Aq? 1 nt OW mOd-D 216 S M % None . . 8. Subject: State our request completely but briefly. Give details. Property Room Officers Lehman or Kline I would like my 30 day Legal Enchance for 1-30-03 I put in 3 request slips this is my third Inmate's Request To Staff Member's C/O Kline and C/O Lehman Property Room Officers 1-28-03 an 1-:30-03 As to by C/O Leman an today 2-7-03 all I ask is to get too my Legal Property I was not allowed to answer my Motions I had to answer Criminal Term an Civil Cases this as been ongoing since 1-14-03 when I wen 't to P.R.C. Program Review Committee's I had asked unit manager Steigerwa t to get said Legal Work out of my Property. Because I Derrick McKinney McKinney had to ask too have Legal Work out of - my Personal Property because I Derrick McKinney Plaintiff dose not have my Legal work in my cell, that the court as asked-Tor ..... C/O Lehmanyou have scienter a I ever 9. Response: (This Section for Staff Response Only) continue 15 IRS ? CAR d DC an - 1 To DC-14 CAR only ? To DC-14 Staff Member Name Print Sign Date Revised July 2000 EXHIBIT (G)-2 did was request my Legal Work. You took all of my Legal Work out of my cell D-Pod D2-19 cell on:4-25-02. Again replevin CIO Lehman replevy what is mind, you had deliberately with held my Legal Work, you wen't as far as to give me a. bogus Misconduct. I have witnesses that overheard you and other officers state that other Officer, and you was going to keep me on Total Restriction so I will not go to the S.M.U. :Mini Law Library and you was not going to give me my Legal work NO-MATTER-WHAT anyone says to you. Well as you can see C/O Lehman I do have copies of this request, and so do the Courts!! C/Kline you have Scienter also. D.M. k EXHIBIT (G)-3 Form DC-135A -i- ----?--- ---- --- INMATE'S REQUEST TO STAFF MEMBER S . M . u . Mod--E Pod-D nr7%lDG'T?TV p(1f1M t1G'Tr'>w.R f 1. To: (Name and Title of Officer) I- '?------Cj0 Lehman AND C/Okline -----Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS } b ,c . o. c I . '? A ca?n?.lete 11K?.f l?u' lii.{?I ll?.l 1'V. 11 yVti 1?11o 1J'? InSiruCitl01-IJ iii preparing your request, it can be responded to more promptly and intelligently. _ r 2. Date: 1-14-03 -_------- --------- -' 3. By. (Print Inmate Name and Numb r j Derrick Mckinney #DT-?115 4. Counselor's Name i Mr.Southers " 5. Unit Manager's Name Mr.Steigerwalt Inmate 5 nature 6. Work Assignment v 1 None 7. Mousing Assignment S.M.U. Mod-E Pod-D 132-16 8. Subject: State our request completely but briefly. Give details. Property Room O icers Kline/Lehman First and foremost how are you doing? As for myself I V wen't to P.R.C. Program Review Committee's today 1-14-03. I talk with Unit Manager Steigerwalt about the Motions that I have to answer. He informed me to submit this request, I need out of my Legal Property docket Entry for Criminal Term and Civil Cases: Commonwealth..VS. Derrick McKinney #140MDA2002, 00-1899 Criminal Term OTN: E760483-3 and McKinney V. Guthrie Et,al. #1:01-CV-2088 (3rd Cir. #02-1620). I will _like to put all my Legal Work in order so yall want have no-problems. 9. Response: (This Section for Staff Response Only) y 1-To DC-14 CAR only ? To DC-14 CAR and DC-15 IRS ? Staff Member Name / Date Print Sign Revised July 2000 EXHIBIT (G)-4 DC-804 FOR OFFICIAL USE ONLY par{ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS 9 V (15- P.O. BOX 598 GRIEVANCE NUMBER CAMP HILL, PA 17001-0598 OFFICIAL INMATE GRIEVANCE T,rO aFACILITY GRIEVANC'C?OORDINATO R W FACILITY: DATE: j? FROM: (INMATE NAME & NUM SIGNATURE ofl MATE: Fes'%[` •? f'nl ?'?" - ?; f WORK ASSIGNMENT: HOUSING ASSIGNME(NIT: INSTRUCTIONS: 1 Refer to the DC-ADM 804 for procedures on the inmate grievance system. 2. State your grievance, in Block A in a brief and understandable manner. 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have contacted. A. Provide a- brief, clear statement of your grievance. Additional paper may be used; -maximum twpages ?_.?? ??,+J i 6 0? fir. r 9• d J 4 - CLC t?R, ' / 4*ipf " a i I V° r.3A- tt 4 d ? 1 f 40 rok. /? F- r r t Y ( t I c / y ' o ! '7r,16 4 oh_C- !`.H' Iii. ?•?7r - B. List actions taken and staff y; have co acted, before submitting this grievance. 47- A4 0 {? 40 1?4 A, Your grievance has been received and will be processed in accordance with DC-ADM 804. Signature of Facility Grievance Coordinator Date WHITE - Facility Grievance Coordinator Copy CANARY -File Copy PINK - Action Return Copy GOLDENROD -Inmate Copy Revised EXHIBIT (G)-4 DC-804 CALTH OF PENNSYLVANIA Part 2 SFp1 4 NT OF CORRECTIONS OX 598 PA. 17001 OFFICIAL INITIAL R GRIEVANCE NO. Revised December 2000 F-94965 To: (Inmate Name & DC No.) Facility Housing Location Grievance Date: McKINNEY, Derrick DT-7715 SCIC E BLOCK 09/03/2004 The following is a summary of my findings regarding your grievance: Officer Kline was not required to inventory your property in front of you nor do you have the right to demand this be done. He inventoried you property with Officer McCorkle and neither destroyed any of your paperwork. Officer Kline is more than capable of inventorying property, as he was once the Property Officer in the SMU. I find this grievance to be frivolous because the allegations lack any arguable basis in fact. r3 I? CT Print Name & Title of Grievance Signature Of Grievance Officer Date: 09/10/204 0 Robert J. Marsh, Jr. Unit Manager .- , EXHIBIT (H) 4 PROGRAM REVIEW COMMITTEE ACTION ATTACHMENT COMMONWEALTH OF PENNSYLVANIA ?MisconductAppeal ?PeriodicReview xother DEPARTMENT OF CORRECTIONS DC Number T D-17- x'} 3 5 Name VI ?,, t G a !? tt; c Institution C t" _(141L Date of Review F td q1 6 No. from Part 1 PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE Age: Date of Birth: t From: S . i :~1 1 Custody level: o S-n) Pro ram Codes: g Reason for Transfer: - ` ??? , }?' ? f Separations: N UO' Mental Health History: A".4; ve 1?1 r I M e Medical Concerns: f Pla t Bl k ((( cemen oc : Cell: -Bed: Smoking: Yes No Counselor: [ Additional Comments: DECISION RELATI?,E TO THE HEARING COMMITTEE'S VERDICT aw t Applicable ? Sustain P `.Sustain-Amend ? Refer Back for Further Study 0 Exonerate Inmate Names of Program Review Committ Members Signatures / fV Date /4111 e v`y r r . e TO: ?PRT M ?N\ Qf O?MMO FWpp(, ?? PMMYLVAMA C EXHIBIT (H)-1 BULLETIN commonwealth of Pennsylvania* Department of Correction: Policy Subject: Executive Staff Personal Properly, Basic/State issued hems and Facility Managers Commissary/Outside Purchases CCC Regional Directors Policy Number: DC-ADM 81"1 Policy Issue Date: The purpose of this bulletin is to modify the APPROVED MASTER COMMISSARY LIST, Attachment A: • matches - deleted • the approved quantity of soap is limited to total of four bars e Universal Adapter (limit 1) is being added Attachment A, Appendix B: a keyboard cover is being added. The language below is being added to Subsection IV.B., "Basic Issue:" All state issued inmate clothing will be marked with the letters "DOC" printed on the back in large block letters EXCEPT for clothing that is issued to an inmate upon release. Subsection N.J. "Handling of Property for Transfers," the following is being added: f. When property is broken or damaged in transit, and the item is no longer under warranty, the receiving facility shall pay reasonable repair costs, unless the repair cost is greater than the replacement cost of the item. if the item is to be replaced, the receiving facility shall pay the full replacement cost for the item. March 6, 2006 Data of Issue: Authority: Effective Date: June 26, 2006 July 26, 2006 Jeffrey A. Beard, Ph.D. C EXHIBIT (I) Form DC-135A INMATE'S REQUEST TO STAFF MEMBER SUPERINTENDENT KELCHNER Commonwealth of Pennsylvania Department of Corrections INSTRUCTIONS Complete items number 1-8. If you follow instructions in preparing your request, it can be responded to more rom tl and intelligently. 1. To: (Name and Title of Officer) Superintendent Kelchner 2. Date: 4-9-07 3. By: (Print Inmate Name and Number) Derrick McKinney #DT-7715 4. Counselor's Name S. C. I. Graterford Mr.Harlan , zl-_: Inmate Signature 5. Unit Manager's Name S. C. I . Graterford mr.Pasquale 6. Work Assignment S. C. I . Graterford A-Block Janitor 7. Housing Assignment S.C.I. Graterford A-Block B-143 8. Subject: State our request completely but briefly. Give details. Superintendent Kelchner I'm gonig to try not to take up alot of your precious time, my Legal Work has been taken away from me by C/O Kline he was the last -person with m property on: 4-1-07. The first thin that Istated to him was that you should not o no-where near m Legal Work because you are a defendant on said case: McKinney VS. Gimble Et,al.#04-1013. It's dealing with my Personal Property. Please see DC-135A IA781945 Superintendent Kelchner I came to S.C.I..CampHill with two(.2)boxes and a footlocker under 6.3.1 no-inventory my property when I got s ippout. When I got back to S.C.I.Graterford I only had one(1)box and my footlocker was "broken"... See DC-153 #A831729, also my Inmate Account nor my Medical Chart did not come down with me neither. Please see that my one(l)box of Legal Work be shipped ac to me imme la Thank you for your perci.ous time an your patience with me... D-M 9.' Res onset This Section for Staff Re onseOnl " To DC-14 CAR only ? To DC-14 CAR and DC-15 IRS ? Staff Member Name / Date . Print Sign ely Revised July 2000 F - IA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXHIBIT (I)-1 DERRICK McKINNEY Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, C/O LEHMEN, AND C/O KLINE Defendants PROOF OF SERVICE #04-1013 I Derrick McKinney #DT-7715, hereby certifies and says that he has on this day 4-9-07 and manner indicated above, served a DC-135A Inmate's Request To Staff Member and copies of DC-153 Inmate Personal Property Inventory sheets. This is going to: Superintendent Kelchner S.C.I.CampHill Cumberland County P.O.BOX 8837 CampHill, PA. 17001708837 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed or. 4-11-07 ; ?- (Date) ( Plaintiff ) Sworn and subscribed be ore me this y of 2007 #DT-7715 Derrick McKinney S.C.I.Graterford NO AR PU C P.O.BOX 244 Graterford, PA. 19426-0244 NOTARIAL SEAL PATRICK J. LAVIN, SR., Notary Public Skippack Up., Montgomery County My Commission Expires March 16, 2010 CIVIL TERM VA EXHIBIT (I)-2 COMMONWEALTH OF PENNSYLVANIA Department of Corrections State Correctional Institution at Camp Hill PA 17001-8837 May 4, 2007 SUBJECT: Request to Staff Dated April 9, 2007 TO: Derrick McKinney, DT-7715 SCI- Graterford A-Block, B-143 FROM: Donald L. Kelchner Superintendent Mr. McKinney, you arrived at SCI-Camp Hill on March 26, 2007, for your court hearing with a footlocker and two records center boxes of property. The officers searched your property for contraband and placed your written material for court in the footlocker, and the remaining personal items were returned to the records center boxes. Officers Kline and Huber state that none of your property was confiscated, and the footlocker showed normal wear and tear with no reportable damage. I was also informed that due to your negative behavior, during the nine days you were at Camp Hill, the staff felt it necessary to return you to your home institution the morning after your court hearing. Unfortunately one of your property boxes was inadvertently not placed on the bus with you. It was shipped the following day. Your Inmate Account was moved to SCI-Graterford and your medical files were shipped. In closing, you did not explain the alleged damage to your footlocker, and SCI-Camp Hill staff reported no damage beyond normal wear and tear. The only request listed on this DC-135A is that we shipped your box of property, and this was completed on April 5, 2007. cc: Mr. Southers File f R EXHIBIT (I)-2 COMMONWEALTH OF PENNSYLVANIA Department of Corrections State Correctional Institution at Camp Hill PA 17001-8837 May 4, 2007 SUBJECT: Request to Staff Dated April 9, 2007 TO: Derrick McKinney, DT-7715 SCI- Graterford A-Block, B-143 G. / FROM: Donald L. Kelchner Superintendent Mr. McKinney, you arrived at SCI-Camp Hill on March 26, 2007, for your court hearing with a footlocker and two records center boxes of property. The officers searched your property for contraband and placed your written material for court in the footlocker, and the remaining personal items were returned to the records center boxes. Officers Kline and Huber state that none of your property was confiscated, and the footlocker showed normal wear and tear with no reportable damage. I was also informed that due to your negative behavior, during the nine days you were at Camp Hill, the staff felt it necessary to return you to your home institution the morning after your court hearing. Unfortunately one of your property boxes was inadvertently not placed on the bus with you. It was shipped the following day. Your Inmate Account was moved to SCI-Graterford and your medical files were shipped. In closing, you did not explain the alleged damage to your footlocker, and SCI-Camp Hill staff reported no damage beyond normal wear and tear. The only request listed on this DC-135A is that we shipped your box of property, and this was completed on April 5, 2007. cc: Mr. Southers File EXHIBIT .(J) WHITE - DC-15 AFTER ALL PROCESSING COMPLETED PINK - SENDING FACILITY COPY OR MAIL ROOM IS APPLICABLE DC-153 (Rev. 8/06) EXH1131T (j) INMATE PERSONAL PROPERTY INVENTORY ? Transfer ? Hold ? Initial Disposition ? Other COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS DC Number Name Method of Disposition S - Ship R - Return to Inmate D - Destroy H - Hold for Inmate A 831729 CLOTHING & ACCESSORIES GROOMING ITEMS MISCELLANEOUS r ITEMS ITEM NO. M ETH. ITEM NO. M ETH. ITEM NO. M ETH. ITEM NO M ETH. Ath. Shorts Brush Li tars Air Freshener Ath. Support Comb ' Mat hes Allergy Tablets Belt Dental Floss Pi a Ba -Laund Ca Denture Cup I Pipe CI aners Basin Coat Dentures Pipe FiltaTs Batteries Coat= ain Deodorant Tob.-Che Books j Coat-Top Hair Dressing Tob. Dig, Bowl w/ Lid Gloves ` Hair Pick Tob.-Pie Carbon Paper Handkerchief Lotion-Shav Tob.-Pouch Checkers Hat Lotion-Bo Tob.-Snuff Chess Jacket Lotion- nd FOO Cu Pajamas Mirro ITEMS Dictionary/ Robe Na' Cli ers ITEM NO. METH. Ear hon Shirt troleum Jell Bagels Envelop.6s Shoe Brush azor Candy-Bag Eraserql Shoe Polish Razor Blades Candy-Bar Extension Cord Shoes-Boots Shampoo Cereal E e ss Case Shoes-Dress Shaving Cream Cheese E e lasses Shoes-Shower Soap Chips E lasses-Sun Shoes-Sandal Soap Dish Coffee G mes Shoes-Sneakers Talcum Powder Cookies Glass Shoes-Work \ Toothbrush Crackers eadset Slippers Toothbrush/Pwd. Creamers am Socks Towel Donuts L al Books Sweat Belt weezers Drink Mix Le al Material Sweat Pants shcloth Hone Buns Loc Sweat Shirt TOBACCO Hot Chocolate Loo -Leaf Sweat Suit ITEMS Jell Binde Sweaters I MS NO. METH. Meat Stick Ma azi es Trousers Ash Tray Noodles & Neck C in T-Shirt a Cheese Needles Undershirt C.Roller Peanut Butter Notebook UndershorLd oon Peanuts 1 Pencils Underwe Bot. C. . Pack Pretzels Pencil Shr , Underw r To Cigars Rice Pens Lighters Sous Photo Album Sugar Photographs Tea Playing Cards Tuna Posters Beef Stew Religious Chili w/Beans Books Mackerel Religious Mat. Salmon ` Religious Sardines Metal Rug / Ruler Soon Tablet Paper ' Tub T in Paper Writing Paper Personal Mail ITEM DESCRIPT ION OR SERIAL NO. NQ(. M ET H. ITEM DESCRIPTION O R SERIAL NO. NO. M ETH. Calculat r Footlock Guitar Guitar Case\ 42 4=1. Guitar Strin s Keyboard Medical Bracelet Radio Ring T.V. _ T.V. Antenna T ewriter T ewriter.Ease Watch MAIL TO Articles marked "S" mailed (signature and title) Date Mailed The property described above was inventoried and processed as indicated a roperty above was received and processed Signature of Property Officer Signature of Inmate Signat of Property Officer ture f Inm f C?J 07 Facility Date Facility Date GANAHY - iNMA It L;UF'Y Al- i tH ALL PROCESSING COMPLETED GOLDENROD - INMATE COPY WHEN ITEMS ARE INVENTORIED IN THE COURT•OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DERRICK McKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O LEHMAN, AND C/O KLINE PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 5-29-07 and manner indicated above, served a copy of this motion and letter on the following person(s) Timothy P. Keating, Esquire Civil Litigation Section 15th Floor, Strawberry Square Harrisburg, PA. 17120 AND Curtis R. Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 5-29-07 (Date) (Plaintiff) This certification is executed pursuant to title 28, United States code, section 1746. #DT-7715 Sworn and subscribed Derrick McKinney before me this S . C . I . Graterford Ada of , 2007 P.O.BOX 244 Graterford, PA. 19426-0244 EPATRICK OTARIAL SEAL NOTA Y PIIB IC LAVIN, SR., Notary Public Montgomery County on Expires March 16, 2010 ? ? ? -?, ?, '? f T 4f ?J k?v? s"q ?l - ?? ?:?? ? rr?r ?e tv ? ?=; ?.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK MdKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O LEHMEN, AND C/O KLINE DECLARATION IN SUPPORT OF FLAINTIFF'S VOTIOV FOR SPECIAL INJUNCTIVE RELIEF I Derrick McKinney #DT-7715, declares under the penalty of perjury: I'am the Plaintiff in this case. I make this declaration in support of my MOTION FOR A TEMPORARY RESTRAINING ORDER/SPECIAL INJUNCTIVE RELIEF to ensure that I receive; (a) For Plaintiff Derrick McKinney #DT-7715, to be Transferred to either: Cumberland County Jail 1101 Claremont Road Carlisle, PA. 17013 and/or Dauphin County Jail 501 Mall Road Harrisburg, PA. 17111, When Plaintiff Derrick Mckinney #DT-7715 is going to/forth or froth/back to court for said Case: Mckinney VS. Gimble Et,al. #04-1013. (b) No further Mental or Physical harm, harassment or punishment which can and will be construed as hostile, willful, malicious, and retaliatory shall come upon Plaintiff at the hands of the Defendants- (c) See that Plaintiff is place in another Institution while going to court so Plaintiff is free of harm and the violations of his constitutional rights to be free from harm, both to his person and his property. (d) As set forth in the original complaint in this case, Derrick McKinney #DT-7715 Plaintiff, raised several inter office complaints about the loss or theft of my Bank Book and other personal property, and Legal Documents that were also missing. (e) Defendants were and still are well aware of Plaintiff seeking relief in the higher courts. S.C.I.CampHill is well aware of the previous intrusions upon the Plaintiff and his personal property and his many compliants. FOR THE FOREGOING REASONS this Honorable Court should GRANT the Plaintiff MOTION pursuant to Rules 1531 (a) and 1532 (a) of both Pa.R.Civ.P. and Pa.R.A.P. respectively in all respects (2) PURSUANT TO 18 Pa. C.S.A. § 4904, I DERRICK McKINNEY #DT-7715, DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. (Derrick Mckinney # -7715 Plaintiff) Sworn and subscribed before we this daof^ 2007 NOTARIAL SEAL PATRICK J. LAVIN, SR., Notary Public Skippack Twp., Montgomery County My Commission Expires March 16, 2010 #DT-7715 DERRICK McKINNEY S.C.I. GRATERFORD P.O. BOX 244 Graterford, PA. 19426-0244 UJ cv - y -: - !a3 L co - _ LIJ I Li- c? EJ DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this ?i'0 day of July, 2007, IT IS ORDERED that the Commonwealth shall file a brief in chambers in support of its preliminary objections to plaintiffs amended complaint not later than Wednesday, August 15, 2007. Plaintiff shall file a response brief not later than Friday, September 14, 2007, by sending a copy to this judge at 1 Courthouse Square, Carlisle, PA 17013. The preliminary objections to plaintiff's amended complaint will be decided on the briefs. errick McKinney, DT 7715, Pro se SCI Graterford P. O. Box 244 Graterford, PA 19426-0244 imothy P. Keating, Esquire Litigation Section 15t Floor, Strawberry Square Harrisburg, PA 17120 For Defendants sal ell -?? f ?: _ _ • P . ..? w?, ti _ ?+ DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S AMENDED COMPLAINT ORDER OF COURT AND NOW, this VI day of September, 2007, defendants' preliminary objections to plaintiffs amended complaint, ARE DISMISSED" By t?Court /Derrick McKinney, DT 7715, Pro se SCI Graterford P. 0. Box 244 Graterford, PA 19426-0244 Timothy P. Keating, Esquire Litt ation Section 15 Floor, Strawberry Square Harrisburg, PA 17120 For Defendants Edgar B. eop?FSm?,l?L 4?i??o7 "J. sal Plaintiff has exhausted his administrative remedies. This court has jurisdiction for the claims set forth in plaintiff's amended complaint. See Betrand v. Kenneth Kyler, et al., 54 Cumberland L.J. 291 (2005). C C> a- CIN .q Q Z-j ? =` us Cr_ w xl c n L r' cr U NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Defendants' Answer to Plaintiff's Complaint within twenty (20) days from service hereof or a .judgment may be entered against you. - s Timothy P. K ati g Deputy Attorne General IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff Civil Term No. 04- 1013 V. ROBERT GIMBLE, BLAINE ; STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, ; Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW comes the defendants by and through their attorney of record, Timothy P. Keating, Esquire, and submits the following answers in response to plaintiff s amended complaint. 1. This allegation is a conclusion of law to which to response is required. II a. ADMITTED upon information and belief. II b-d. ADMITTED in part and DENIED in part. It is admitted that these individuals are Commonwealth employees who at all times relevant to this cause of action were working in SCI Camp Hill. The remainder of this paragraph is denied due to the fact that the paragraphs are incomplete. 1111. DENIED. It is denied that at any time that any of the defendants misappropriated any of the plaintiff's funds. 1112. DENIED. 1113. DENIED. After reasonable investigations, the allegations in this paragraph cannot be substantiated and therefore they are denied. Strict proof is required at trial. 1114. DENIED. After reasonable investigations, the allegations in this paragraph cannot be substantiated and therefore they are denied. Strict proof is required at trial. 111 5. DENIED. It is denied that any of plaintiff's property was missing when he went to inventory such property. 1116. DENIED. It is denied that plaintiff's eyeglasses were intentionally broken. It is further denied that there was any missing property. VI (a). DENIED. It is denied that defendant Gimble misplaced, lost, or destroyed plaintiff's bankbook. It is further denied that defendant Gimble deducted funds from plaintiff's account without his permission. The remainder of this paragraph is a conclusion of law to which no response is required. VI (b). DENIED. It is denied that any of the defendants misplaced, destroyed, stole, or pilfered any of plaintiff's personal property. The remainder of this paragraph is a conclusion of law to which to response is required. 2 V. (a), (b). These paragraphs are requests for relief and therefore no response is required. Defendants' New Matter 1. In the case of McKinney v. Guthrie et al. (1:01-CV-2088 - #02-1620 3`a Cir. 2001), made reference to in plaintiff's amended complaint, plaintiff was appointed legal counsel to represent him at trial. 2. At plaintiffs trial of McKinney v. Guthrie, plaintiffs counsel had the opportunity to rectify any difficulties plaintiff may have had because of alleged missing property concerning exhibits and affidavits made reference to in plaintiff s complaint. 3. Plaintiff cannot provide any evidence, other than his own unsupported beliefs, that any of the defendants improperly withheld, or destroyed any of his property. Defendants' First Affirmative Defense - Statute of Limitations 4. Any and all claims made by plaintiff in his complaints are barred by the Statute of Limitations. Defendants' Second Affirmative Defense - Failure to Exhaust Administrative Remedies 5. Prior to filing the current suit plaintiff was required to exhaust his administrative remedies for relief as provided by the Department of Corrections. 6. Plaintiff failed to exhaust his administrative remedies prior to the commencement of this action. 3 Defendant's Third Affirmative Defense - Sovereign Immunity 7. At all times relevant to the allegations in the complaint the defendants were state actors acting in furtherance of their job responsibilities. 8. None of the exceptions to sovereign immunity apply to this matter. 9. Defendants have absolute, qualified, official, governmental, state sovereign immunity. Defendants' Fourth Affirmative Defense - Demurrer 10. Assuming that all of the factual allegations in plaintiff's amended complaint are true, plaintiff fails to state a cause of action for which relief may be granted. Defendants' Fifth Affirmative Defense -11th Amendment 11. All claims against defendants in their official capacities for damages are barred by the Eleventh Amendment Defendants' Sixth Affirmative Defense - No Deprivation of Rights 12. At no time did defendants, or their agents or employees, deprive or seek to deprive the plaintiff of any rights, privileges or immunities secured to him by the state and/or the federal Constitution. 4 WHEREFORE, defendants respectfully request this Honorable Court to enter judgment in favor of defendants and against the plaintiff and dismiss the action with prejudice Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General BY: 1 ?- Office of Attorney General TIMO KEATI G 15th Fl., Strawberry Square Deputy Attorney General Harrisburg, PA 17120 Attorney ID # 44874 Direct: (717) 783-1471 Fax: (717) 772-4526 SUSAN FORNEY Email: tkeating(a';attorneyt;eneral.gov Chief Deputy Attorney General Date: October 1, 2007 Litigation Section 5 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff Civil Term No. 04- 1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, Defendants CERTIFICATION OF SERVICE I, Timothy P. Keating, Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on October 1, 2007, I caused to be served a true and correct copy of the foregoing document titled Defendants' Answer to Plaintiff's Amended Complaint by first class mail to the following: Derrick McKinney, DT-7715 SCI Camp Hill 2500 Lisburn Road P.O. Box 8837 Camp Hill, PA 17001-8837 Timoth P. eating DEPUTY ATTORNEY GENERAL 6 C r.._a J ?`i IN *THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA, DERRICK MCK[NNEY, Plaintiff V. ROBERT GIMBLE, et al., Defendants 1013 No. 04-191%r' PLAINTIFF ANSWER TO DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' FIRST SET OF INTERROGATORIES AND NOW comes Plaintiff Derrick McKinney #DT-7715, Pro se, to answer both First Set Of Interrogatories & Defendants' Answer To Plaintiff Amended Complaint. I Derrick McKinney #DT-7715 Plaintiff believes he can answer both and with enough adequate Evidence to support his CLAIMS. 1. In your letter dated: March 22, 2007 you acknowledged that one of Plaintiff Derrick McKinney #DT-7715 Bankbooks was discovered. Please see exhibit Al, Plaintiff would like for'fhe court to go too: Motion To Correct Error submitted by Plaintiff on: 4-19-07. And Plaintiff would like to also note that Bankbook #0101318013 was never found. 2. It was ordered by Judge Edgar B. Bayley that Plaintiff has Exhausted His Administrative Remedies. on: September 17, 2007, And also that the Defendants are barred by sovereign immunity. Again it was ordered by Judge Edgar B. Bayley that this court has held that when the Commonwealth loses an inmate's property that was in its care,custody and control, the claim is not barred by sovereign immunity. Wheeler V. Pennsylvania Department Of Corrections, (00-6115 Civil, August 21 2001) on: December 1, 2004. See Betrand V. Kenneth Kyler Et,al. (54 Cumberland L.J.291 2005). on Exhaustion. r h _. G t. fs If ! PLAINTIFF DERRICK McKINNEY ANSWER TO: INTERROGATORIES 1. State your current address, the criminal docket number for which you are currently incarcerated, the nature of the criminal offense for which you are serving time, and your current maximum incarceration date. Derrick McKinney #DT-7715 S.C.I.Graterford P.O. BOX 244 Graterford, PA. 19426-0244 January Term 1993 No. #1017-1020 Dated: September 12, 1994. Bills #1019-Aggravated Assault & 1020-Recklessly Endangering Another Person. The Department Of.Corrections:& The Pennsylvania Board Of Probation And Parole, has Plaintiff with a Max Date of 3-8- 2010, Plaintiff is now in the process of filing Petition For Writ Habeas Corpus. Plaintiff has now been incarcerated since 12-8-92 and I Derrick McKinney Plaintiff was Sentence to 6 1/2 Years nor more than 13 Years in State Correctional Facility. I'am a Convicted Parole Violator, and I Plaintiff was given a Hit of 40 Months Back Time. Plaintiff Derrick McKinney would like to state for the record that I'm being-held over my Max Date. I 2. The amended complaint states that while incarcerated at SCI Camp Hill's S.M.U. program, prison officials misappropriated your funds from your account. Provide: a. When and how you discovered that funds were misappropriated; b. Who you notified of the alleged misappropriation, when such notice was given, and the manner in which such notice was given; and c. The amount which was allegedly misappropriated. 4!S SSNEH a. Plaintiff turn from old number #BE-9804 to new number #DT-7715, I Derrick McKinney Plaintiff then asked for a computer printout of my account from the day that I came to the S.M.U. Program at S.C.I.CampHill until that present date, because I Plaintiff Derrick McKinney would, not always get my monthly statements. Plaintiff then discovered that funds were misappropriated See exhibits 2b, 2c, 2d, 2e, 2f, 2g. b. Plaintiff put in a Grieavnce DC-804 & DC-135A Request To Staff Member to: Business Office Manager Mr.Gimble requesting a Hollvay VS. Lehman, Commonwealth Court.(1995) notice was given on 10-12-99 & 12-19-99, Grievance DC-804 No, #CAM-518-99. Started requests on 2-2-99. Plaintiff notice in the years of; 2000, 2001, 2002, & 2003. that the same problems was occurring I Plaintiff Derrick McKinney #DT-7715 Old No. #BE-9804 was Shipped out off S.C.I.CampHill in "2003" arid, then came back in '2004 to S.C.I.CamHill S.M.U. Program, and noticed that the same thing was still occurring. Plaintiff would like to note: S.C.I.CampHill has a one for one exchange rule you can .only have one DC-138A Cash Slip. When I Derrick McKinney Plaintiff vent to S.C.I.Greene S.M.U. Program there vas no-,.. problems with my account, they gave you two (2) DC-138A Cash Slips so you will have a copy of your transactions. See 2A exhibit. c. Plaintiff believes that over $402.93 wagDeducted" of off of my account for various reason; Postage, ' Copies, and Commissary. Plaintiff will like to note that S.C.I.CampHill wen''t under investigation in the year of "2000" upon this investigation mail was given to Plaintiff that was suppose to have wen't out in "1997" I Plaintiff Derrick McKinney had to send this same underliverable mail back out on: 4-24-01 Also to note Plaintiff did not know that money was still being deducted off of my account until I filed suit. I 3. The amended complaint states that when plaintiff inventoried his personal property on March 18 and March 19, 2003 that legal pamphlets, legal books, newspapers, personal pictures, postage paid envelopes, exhibits and affidavits for the case of McKinney v. Guthrie (1:01-CV-2088) was missing. Provide: -a. The number of legal pamphlets, and newspapers you believe were missing, a description of what the pamphlets and newspapers were, and the monetary value of such pamphlets and newspapers; b. The number and nature of the legal books which were missing that their replacement values; C. The nature and number of the personal pictures which were missing; d. The number of postage paid envelopes and the replacement value of them; and e. Who was notified that these items were missing, when they were notified, and the manner in which they were notified. a. Legal Bulletins From: Lewisburg Prison Project & Pennsylvania Institutional Law Project; Some were free but others cost such as, Legal Research, Discovery, Assaults and Beatings Tort Claims, Access To Courts, Civil Actions. Those that was Free, Administrative Remedies, Prisoner's Rights Handbook, The Jailhouse Lawyer's Manual. Spent $22.00 for Legal Bulletins from: Lewisburg Prison Project. It was 8 USA Today Newspapers $2.25. b. It was 4 Legal Books: Prisoners Self-Help Litigation Manual $33.00, Black's Law Dictionary $66.00, The Georgetown Law Journal Volume 78 $10.00, Barron's Law Dictionary $9.00 c. All was personal pictures accept 2 was Legal Pictures for case: Commonwealth V. Derrick McKinney 2000-1899 also see exhibit 3. C (a). All 200 was personal pictures Plaintiff is sending two (2) Confiscated Items Receipt DC-154A. Plaintiff has all of my DC-154A Receipts for pictures. d. It was 159 x.33 Post4ge Paid Envelopes see exhibit 3.d (b) Plaintiff also has DC-154A No. A129941 & No. A328985. Value at $52.47 (/` 1 AJ f l Continue Continue From 3. I Plaintiff Derrick McKinney Dt-7715, notified the . Administration through DC-135A Request To Staff Member, and DC-804 Grievance and P.R.C. Hearings. Plaintiff Derrick McKinney #Dt-7715, would like to note that alot of Plaintiff's receipts and other evidences is missing out of Plaintiff's personal;property. Please see Plaintiff's Notice For Special Injunction and Plaintiff's Motion For Special Injunction Temporarv Restraini Order. Plaintiff Derrick McKinney Dt-7715, put in two (2) NOTICE SPECIAL INJUNCTION one (1) dated: 10-5-04, and 5-29-07, Derrick McKinney Plaintiff would like for you to go too: Plaintiff's Motion For Special Injunction/Temporary Restraining Order Page (2)B 5-29-07 It states as follows; On: 4-1-07 Plaintiff Derrick McKinney DT-7715, put in a DC-ADM *804* Grievance No.#183764 see Exhibit (F) and also see Exhibit (F)-1 and Exhibit (F)-2 for P.R.C. Program Review Committee's appeal. Exhibits and Affidavits were from other inmate's and outside organization dealing with this case McKinney VS. Gimble Et,al. #04-1013 In The Court Of Common Pleas For Cumberland County, Pennsylvania, & Commonwealth Of Pennsylvania V. Derrick McKinney 2000-1899 Appeal No. #832MAL2003, & McKinney VS. Guthrie Et,al. #1:01-CV-2088 (3rd Cir. #02-1620). Plaintiff Derrick McKinney #DT-7715 Old No. #BE-9804, Personal Pictures are irreplaceable and they are of sentimental value. FOR r 4. The amended complaint alleges at SCI Greene plaintiff s property was re- inventoried on March 23, 2003, that plaintiff s property was packed so badly that a pair of glasses of plaintiff s was broken, which was done intentionally, and that plaintiff s concerns over missing property were voiced to Corrections Officer Hays and Corrections Officer McQuaid. a. Identify the person or person responsible for packing your personal property; b. Provide the basis for the allegation that plaintiff's eyeglasses were intentionally broken; and c. Describe the type of eyeglasses which were broken and the replacement value. a. C/O Lehman and C/O Kline b_ Plaintiff Derrick McKinney #DT-7715, Eyeglasses were broken straight down the middle, I Derrick McKinney Still have the broken Eyeglasses in his property, to show that they was broken intentionally. c. The Eyeglasses was a Metal Frame and I was not allowed to have them in my cell in the S.M.U. Program Mod 5 I don't know there value because they were a Gift from my cousin Sheri Ford. The Eyeglasses came from the street with me to Holmesburg Prison and then back up state at: S.C.I.Graterford. 4z';? lel?e? V/ f.ir ( ? A, IAJ 4 ir 5. The amended complaint alleges that defendant Gimble misplaced, lost, or destroyed plaintiff's bankbook as well as had funds deducted from plaintiff's account without plaintiff's approval. Provide: a. When, where, and how plaintiff believes Gimble misplaced, lost, or stole plaintiff's bankbook; b. The bank and bank account number of the bankbook, the type of account it was (savings, checking, or other) and the amount of funds in the account at the time it was lost, misplaced, or destroyed. C. What efforts plaintiff made to have the book replaced, when such efforts were made, and who was notified about plaintiffs bankbook; and d. When such deductions were made from plaintiff's account, and the amount thereof. a. On 1-3-03 Plaintiff Derrick McKinney #DT-7715, filed DC-804 Grievance #40441 about the 1st first Bank Book #1-318013 that was lost at S.C.I.CampHill, When Plaintiff realized that my replaced Bank Book #2101013777 was misplaced or lost I Plaintiff mention it in Motion For Special Injunctive Relief on: 10-19-04 See Docket. Also see Motion To Correct Error, a copy was sen't to you on 4-19-07. b. The Bank is Beneficial Savings Bank it was an Savings Account, again see Motion To Correct Error also see Inmate HandBook 1. Account A. General 1. I did not know the amount at that time. c. Beneficial Savings Bank replaced Plaintiff's Bank Book for free on 7-9-03, Plaintiff will like to note; It was (2) Two Bankbooks lost only (1) One was found. See letters to show that Plaintiff. had new Bankbook. lA & 2B 3B Will show that Plaintiff was not allowed to have Bank Statements. d. There where no deductions from Plaintiff Bankbook the only problem that Plaintiff had since one(1) of his Bankbook was found, since Plaintiff was unable to paid monthly service fees, so Plaintiff's account was closed. The amount that was left was: $53.99. Plaintiff would like for the court to see Exhibits 4D & 5E &L 6F. r 6. Plaintiff's amended complaint alleges that Blain, Steyerwath, Lehan, and Kline either misplaced or stole plaintiff's property. Identify what specific property plaintiff believes each defendant misplaced or stole, when this took place, and plaintiff's basis for these allegations. Plaintiff Derrick McKinney #DT-7715 Old No.#BE-9804 has already addressed these issues. C/O Kline & C/O Lehman was the S.M.U. Mod-E Property Officers at said time of Derrick McKinney #DT-7715 Old No. #BE-9804, transfer out of the S.C.I.CampHill S.M.U. Program,the Special Management Unit do not allow an Inmate to inventory his property after an Inmate has been placed in.the S.M.D. Derrick McKinney #DT-7715 Old No. #BE-9804, was..placed in S.C.I.CampHill S.M.U. Mod-5 Program on: 4-29-96 I was not transferred out of the Special Management Unit at: S.C.I.CampHill until 3-20-03. Plaintiff Derrick McKinney #DT-7715 Old No. #BE-9804, was transferred to: S.C.I.Greene S.M.U. Program. While Blain Steigerwalt was S.C.I.CampHill S.M.U. Mod-E Unit Manager I Plaintiff Derrick McKinney #DT-7715 Old No. #BE-9804, Brought'it to his attention about the problems I was having with my personal property threw P.R.C. Hearings, DC-135A Request To Staff Member, DC-804 Grievance's. As Plaintiff states specific property is addressed on pages 3. & 4. ???? FF 7. Identify any witnesses plaintiff intends to call at trial and the nature of the testimony plaintiff believes they can provide concerning the allegations in plaintiffs amended complaint. TNMATRIS B.Ferrell #EC-7373, T.Woods #DE-4522 J.McGahee #EG-5513 M.Bundey #AF-5413 B.Howard #AS-1126 L.Harris #CF-1518 K.Fortune #AY-9297 Y.Muhammad #CU-0143 J.Taylor #BX-9577 J.Shields #CU-0013 T.Royster #EL-2245 L.Pugh #BG-9048 O.Brisco #CP-6784 J.Payne #AY-6847 G.Shelly #DF-9694 nd Betrand don't know his Inmate number go too: Betrand Y. Kyler Et,al. 54 Cumberland L.J.291 2005, All these Inmate's had problems with their property while being housed at: S.C.I.CampHill S.M.U. Program, and some was in a cell that could look intoo the property room on D-Block. Staff Superintendents; Mr.Kelchner & Mr.Dragovich & Mr.Kyler I Derrick McKinney #DT-7715 Plaintiff, Brought it to their attention. Unit Managers; Mr.Ward &,Mr.Steigervalt & Mr.Marsh Sen't them paper work: DC-135A Request's and DC-804 Grievance's Correctional Off icers;'Mr.Overdorf & Mr.Hays & McQuaid '& Mr.Free & Mr.Moore & Mr.Leggore & Mr.Reid & Mr.Carberry & Mr.Smith & Mr.Huber All them had something to do with Plaintiff's Personal Property at one time or another. Librarians; Lizhu Zhong & Carolyn King Both can help with . Plaintiff Derrick McKinney #DT-77.15 & Old No. #BE-9804 getting copies and Law caese from the Main Library. Grievance Coordinators; Mr.Livingood & Mr.Taggart Both was the . Grievance Coordinator at one time and I went to them about the problems I was having with my personal property. ATTORNEYS AT LAW Mr.Norman L. Sirak & Mr.Angus R. Love & Ms.Wendy Hess & Mr.Dale W. Miller 22Z Y I IN THE COURT OF'COMMON PLEAS OF CUMB?ARLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O LEHMAN, AND C/O KLINE PROOF OF SERVICE I •DERRICK •MCKINNEY #DT-7715, hereby certifies and says that he has on this'day 10=12=07 and manner indicated above, served a copy of this motion and letter on the following person(s) Timothy P. Keating, Esquire Civil Litigation Section 15th Floor, Strawberry Square Harrisburg, PA. 17120 AND Curtis* R. Long, Prothonotary .One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 10=12-07 L (Date) (Plainti ) . • This certification is executed pursuant to title 28, United States code, section 1746. #DT-7715 Sworn and subscribed . Derrick McKinney, before me this S.C.I. G"terfn d t da .. of NOTP.1 ABOX 2 4 4 y `• , 2007 ?pI t?ftjto 3ma c1 426-0244 Commission Expires March 16, 2010 N Y P IC k If r= COMMONWEALTH OF PENNSYLVANIA OFFICE O ghO VgogENERAL TOM COMM ATTORNEY GENERAL Superintendent David Diguglielmo SCI Graterford PO Box 246 Graterford, PA 19426 Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (717) 783-1794 Fax: (717).7724526 Re: Derrick McKinney v. Robert Gimble, et al. No. 04-1013 (Cumberland CCP) Dear Superintendent Diguglielmo: Please -find certain documents which were recently discovered in connection with an inmate at your institution. Derrick McKinney. relative to the above captioned matter. Mr. McKinney has instituted this action claiming that certain items of his were lost or misplace while he was at SCI Camp Hill. I recently received a call from Camp Hill stating that they found these documents when they moved to new offices. Indiscussions `with Wendy Moyer of your :office it was determined we would send thesd to your attention and then have them turned overto Ivlr: McKinney. Enclosed are the following: 14 Beneficial savings bank book in Mr. McKinney.s name: 2.) A receipt dated June 18, 2003; s 3..)13.;re,?e yu1} ] $;00, and ,4) An inmate s request form dated July 7.2003.: Thank for you for your consideration in this matter. If you have any questions or concerns. please do not hesitate to contact me. Sincerely. Timothy P. Keating Deputy Attomev General TPK1j ec CC: Derrick McKinney k"'` Beneficial Saving Bank Phone: 215-864-6000 530 Walnut St. Benefici al Phila., Pa. 19106 SAVINGS SANK March 7, 2003 Derrick McKinney DT7715 P O Box 200 Camp Hill, PA 17001 Dear Mr. McKinney: We received your letter concerning your bankbook for account #0101318013, Our records indicate you requested a withdrawal on March 7, 2002 and your bankbook was enclosed along with this request. Your receipt and bankbook were sent back to you along with a check on 3-7-2002, this check was cashed on 3-13-2002. We suggest you contact inmate accounting and the mailroom again to verify that the bankbook was received. If it cannot be located let us know and we will send.you the necessary forms to transfer the balance to a new account. There is no charge for this transfer. If you have any further questions, please contact us at the address listed above. Sincerely, Special Services Department ton ' ` D N D 7 P m a ? m n ? 44 m p W m ? C ? ??' ? 3 CO) Z C < Z y in n D Cl) "' ° N Cl) z w \ m Q m p r O > m z z ?/? CA x z ' z _ ° m n n. 0 m 0, 5 o o T + ? / W D n °o 0 TT. ~ C D O X Z m I v ? D r `. i -1 n ;o m 0 co v z i D -n N D i ` Z CO) "' R r cn ?tc m c 9 S CO) a ??AA CO) CA \ n o N m z ? M -4 V+ > z ;u 1 n m m ' ?? = D m z m v -' m +"o D o ` D D m m 3 z z 91 u ? IN, -t to A ° n ) , >1 ? - 6 D 0 ? 0 0 D 09 m r, Z -i m X O D ° ° C) O r V m 0 m T M m 4 mZ m z fi 0 U) 0 (iY C Z D U) z I • TOBACCO-TOPS MENTHOL 0.46 Tx ENVELOPE-GUMMED LEGAL 10 L 0.12 1.20 Tx ENVELOPE-POSTAGE PAID 10 @ 0.38 3.80 SUB TOTAL 5.46 TAXABLE 1.66 SALES TAX 0.10 I?- COARISOP Nftk T Inmate Number: OT7715 Inmate Name: MCKINNEY, DERRICK GRAND TOTAL 5.56 INMATE SIGNATURE #0000012 05/27/99 12:49P SCI -AMP HILL Date':.9/28/00 11:00:0 Name:MCKINNEY, DERRICK Booking #:DT7715 Beginning Balance:$68.91 Location: Section:B Block:E Cell:2023 Receipt #:272-U124213-201 PCP #:086788 Ending Balance $60.35 Bed: Inventory ID# Description Quantity Unit Taxed Total L ENVELOPE GUMMED LEGAL 10 $0.13 Y $1.30 PE ENVELOPE POSTAGE PAID 10 $0.38 N $3.80 YEL PAPER YELLOW TABLET 2 $0.81 Y $1.62 A043100391005 PAPER TYPING RHU 1 $1.57 Y $1.57 TAX THIS SALE TAX THIS SALE 1 $0.27 Y $0.27 Total Order:$8.56 Inmate Signature Line SCI CAMP HILL -tate72/27/02' 14:46:5 Naine:MCKINNEY, DERRICK Booking #:DT7715 Beginning Balance:$57.68 Location: Section:D Block:E Cell:2019 Receipt #:058-V124213-329 PCP #:086788 Ending Balance $55.73 Bed: r Inventory ID# Description Quantity Unit Taxed Total PE POSTAGE PAID ENVELOPE / L2 5 $0.39 N $1.95 TAX THIS SALE TAX THIS SALE 1 $0.00 Y $0.00 Total Order:$1.95 Inmate Signature Line- f Beneficial SAVINGS BANK 530 WALNUT STREET PHILADELPHIA, PA 19106-3696 215-864-6000 June 9, 2003 a Mr. Derrick McKinney DT-7715 175 Progress Dr Waynesburg PA 15370 Dear Mr. McKinney: As requested, we have today transferred the $123.99 balance in your savings account 0101318013 to new account 2101013777. Your new bankbook is enclosed with information pertaining to your new account. Sincerely, Special Service Dept Enclosures Member Federal Deposit Insurance Corporation r E 3003 account with a community-based bank 11 you wish to earn interest on your money. If yoa-choose -to open such =a saving's--acoduht your::, { bankbook/statementfsavin'gs account documents will remain -in the Business Office. To be able to use your money for things listed in Subsection A..6. you must have the money needed in your facility account. Community-based bank share accounts are not permitted. Inmate Handbook Ad??e 1 I.. Accounting A. General 1. The inmate accounting office at each facility will maintain a personal account for you for all monies you receive. This account is a non- interest bearing account. You may Also choose to open a saving 2. You will be given a receipt for any money received in the mail (money orders, certified checks, etc.) that is placed in your account. Cash and personal checks will not be accepted and will be returned -to the sender. 3. If you have a job, or are approved to receive the General Labor Pool Allowance, the money you earn will be placed in your account after the payroll is approved. See Section XIII. G. of this handbook and DC- ADM 816, "Inmate Compensation" for more information on the General Labor Pool Allowance. 4. You will be given a monthly statement showing all activity on your account, the money put in your account, how much you spent, and what the balance. is to date. Note: Any discrepancies must be immediately reported by request slip to the Business Office, Inmate Accounting. 5. If you were ordered to pay restitution, reparation, fees, costs, fines, and/or penalties associated with court proceedings, the Department will collect monies from your account to pay those amounts. See DC- ADM 005, "Collection of Inmate Debts" for more information. 6. You may use money from your account to: a. send money to immediate family members who are defined as your spouse, children, parents, grandparents, brothers, sisters, aunt, uncle, or a person with whom you made your home, or the caregiver ..of your children; b. pay legal or attorney fees; 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2'2 23 24 25 r there, then the Commonwealth is not going to be in a position to use anything he says. MS. SIBERT: I do not intend nor did I ever intend to talk to anybody who was present during those interviews. Whatever the SCI Camp Hill policy is with regard to SMU inmates, I can't tell them.how to set up the interview. It iq either in person or phone, those interviews that have been set up. I have no intention of asking any guard THE COURT: Well, why don't we set all of the interviews up by phone, and they will not listen in. MS. SIBERT: I wish Tim mark were here, Your Honor. That is fine with me, but if they can't leave him alone in a room by himself -- that is what my understanding is. MR. McKINNEY: It wasn't so much as them leaving me in a room by myself. They all were sitting in there, the Psychiatrist Marsh is another person that I called for a witness. I don't know if it is admissible or not. I don't know if it is conflict of interest to have him sitting in there listening to me talk to my witnesses. And he is sitting right there, but after the first witness, he wasn't no longer there. It was just the rest of administration, which is my counselor and unit manager. And like I said, I had -- which I was going to address to you also -- the pictures that she blew up for me i 12 1 2 3 4 5 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r and she gave me, I took them in there and they took them. They came in and shook me down twice. They came last Sunday and then the Sunday after that, specifically-looking for those pictures. As soon as I got transferred to Cumberland County and I went in my box, the pictures were not there, nor the confiscation slips of them shaking me down looking for thosea pictures. This is the type of harassment that I go through. MS. SIBERT: Your Honor, I am going to ask that this trial be heard in front of another judge, if the defendant would like to keep speaking about irrelevant things regarding this trial. MR. MCKINNEY: Well, isn't that tampering with evidence? That is evidence you gave me. MS. SIBERT: Did you file a complaint with the police department? I told you that I would give you re-prints of those photographs, didn't I? . ,., ,. Are you asking tnaz 1 reassign this case, Ms. Hamilton? MS. SIBERT: Please. I THE COURT: And now today's date, at the request of the Commonwealth, this case to be scheduled before another judge. Trial date to be set at the convenience of that judge. Okay. Okay, Mr. McKinney. Good luck. MR. McKINNEY: All right, thank you, Judge Guido 13 INMATE ACCOUNTS SYSTEM INQUIRY - TRANSACTIONS INMATE NUMBER NAME, LAST FIRST DT7715 MCKINNEY DERRICK BATCH DATE TRANSACTION/TRANSACTION SUB NUMBER YEAR MO DAY CODE DESCRIPTION 1755 2001-11-27 39 LEGAL FEES 0 TOWARDS MIDDLE 1: - 198 001-12-03 37 P 00 POSTAGE DONE 12/03/01 1985 2001-12-03 37 POSTAGE DONE 12/03/01 2001-12-06 32 CAM COMMISSARY 2071 2001-12-11 37 POSTAGE 00 POSTAGE DONE 12/10/01 2107 2001-12-13 38 INSIDE PURCHASES 00 LIRR.AR= ???ROX MORE F1 LOGOFF, F2 SYS MAST MENU, F3 ACCT MENU MI TRANSACTION AMOUNT 369 1.49` 0%14 1.95 1.26 3.00 7-N-)-- K','3 01X2 NEW BALANCE 14.74 13.25 d 11.53 9.58 8.32 / 5.32 INMATE NUMBER NAME, DT7715, MCKINN BATCH DATE NUMBER YEAR MO DAY 5 000-05-16 14 00 5755 2000-05-16 37 00 5650 2000-05-16 38 00 5 2000-05-22 14 00 5814 2000-05-25 13 tfEE 0 0 F1 LOGOFF, F2 SYS MA INMATE ACCOUNTS SYSTEM INQUIRY - TRANSACTIONS LAST FIRST EY DERRICK TRANSACTION/TRANSACTION SUB CODE DESCRIPTION REMOVE COMM HEADING POSTAGE 5/16/00 INSIDE PURCHASES LIBRARY VENDACARD/XEROX MISCELLANEOUS MI r MA301A2 TRANSACTION AMOUNT 1.65 1.65 3.00 REFUND FOR MEDICAL SERVICES n.uu PERSONAL GIFT FROM -FAF ED #849934 20.00 POSTAG 5/31/00 - -1,21 MORE TRANSACTIONS? (Y/N) ST MENU, F3 ACCT MENU NEW BALANCE 15.62 13.97 10.97 16.97 36.97 35.76 ?k I 158 03-19-19 -.78 4197 03-21-1997 37 POSTAGE - - -.7s 4276 03-31-1997 32 COMMISSARY 28 MARCH 1997 -2.02 BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION INMATE NAME NUMBER LAST FIRST MI BE9804 MCKINNEY DERRICK PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF'COMPUTER SERVICES PARTIAL ACCOUNT LISTING DATE 1/05/1999 REMOTE PRINT TIME 10:01 FROM PURGE FILE PAGE 2 BALANCE AFTER THESE TRANSACTIONS ------ > 37.47 36.69 34.67 34.67 I INMATE NAME NUMBER LAST FIRST BE9804 MCKINNEY DERRICK BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION 10-01-1996 37 POSTAGE SPA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING REMOTE PRINT TIME 10:01 FROM PURGE FILE r RUN IAS365 DATE 1/05/1999 PAGE 1 MI STARTING BALANCE 10.14 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION -1.24 1956 - - _24 2004 0-04-1996 37 POSTAGE - ONE 10-3-96 . 71181 2004 10-04-1996 37 POSTAGE ZOR ONE 10-3-96 -1.24 2028 10-08-1996 13 PERSONAL GIFT OM GLORIA #29099GH 9.00 2067 10-10-1996 13 PERSONAL GIFT FROM L ELIAN 27854 MR 25.00 2121 10-15-1996 30 PERSONAL GIFT TO DELORES (SIS-GH) MCCLENDON -23.00 , 2134 10-16-1996 36 INSIDE PURCHASES PHOTO COPIES -.50 10-24-1996 37 POSTAGE -1.01 2255 10-25-1996 32 COMMISSAR 24 OCTOBER 1996 -4.52 2369 11-04-1996 38 INSIDE PURCHASES XEROX PHOTO COPIES -1.30 2399 11-05-1996 35 DENTAL/GLASSES INSTITUTIONAL EYE CARE GLASSES -11.50 2601 11-20-1996 13 PERSONAL GIFT FROM GLORIA 30395 MR 15.00 2689 12-02-1996 37 POSTAGE -2.39 2750 12-04-1996 38 INSIDE PURCHASES XEROX PHOTO COPY -.60 2795 12-06-1996 32 COMMISSARY 5 DECEMBER 1996 -.30 2997 12-23-1996 32 COMMISSARY 20 DECEMBER 1996 -4.43 BALANCE AFTER THESE TRANSACTIONS ------ > 8.90 7.66 6.88 5.64 14.64 39.64 16. 64 16.14 15.13 10.61 9.31 -2.1.9 12.81 10.42 9.82 9.52 5.09 5.09 r • r PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERV ICES PARTIAL ACCOUNT LISTING DATE 1/05/1999 REMOTE PRINT TIME 10:01 FROM PURGE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI STARTI NG BALANCE BE9804 MCKIN NEY DERRICK 41.03 BATCH DATE TRANSACTION BAL ANCE AFTER # MO.DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 3020 04-09-1996 37 POSTAGE J8258ES/040896 -1.70 39.33 3027 04-11-1996 37 POSTAGE 4/10/96 -.55 38.78 3082 04-26-1996 32 COMMISSARY FOR APRIL 25, 1996 -6.08 32.70 3082 04-26-1996 14 MISCELLANEOUS COMMISSARY REFUND-042596 6.08 38.78 3099 04-30-1996 37 POSTAGE 4/30//96 UPS CAMP HILL -7.70 31.08 0 05-02-1996 82 TRANSFER OUT MAHANOY 0 05-02-1996 81 TRANSFER IN f' CAMP HILL 1 05-06-1996 37 POSTAGE -.32 30.76 51 05-09-1996 32 COMMISSARY 8 MAY 1996 -7.89 22.87 63 05-09-1996 37 POSTAGE -1.93 20.94 63 OS-09-1996 37 POSTAGE __ ?? .24 19.70 190 05-20-199 --3'T- - 18.92 190 05-20-1996 37 POSTAGE -.78 18.14 275 05-28-1996 32 COMMISSARY - 3 0 - 17 .84 43 06-07-1996 37 POSTAGE _ n -.78 17.06 449 06-10-1996 32 COMMISSARY 7 JUNE 1996 -.30 16.76 497 06-12-1996 37 POSTAGE -.55 16.21 544 _06-17-1996 37 POSTAGE POSTAGE -3.00 13.21 641 06-24-1996 13 NAL GIFT FROM TANYA 664799 MR 20.-00 33.21 666 06-25-1996 32 COMMISSARY 24 JUNE 1996 -5.27 27.94 BALANCE AFTER THESE TRANSACT IONS ------ > 27.94 I .. PA DEPT. OF CORRECTIONS- INMATE ACCOUNTS SYSTEM RUN 'IAS365 BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING DATE- 1/05/1999 REMOTE PRINT TIME 10:01 FROM PURGE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI STARTING BALANCE BE9804 MCKINNEY DERRICK 1.48 BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 7604 01-05-1998 37 POSTAGE -2.39 -_91 7672 01-09-1998 13 PERSONAL GIFT FROM FAREED 121138 20..00 19.09 7724 01-15-1998 30 PERSONAL GIFT TO RAL FOUNDATION -10.00 9.09 45 - 01-16-1998 37 POSTAGE -1.24 7.85 t7745 01-16-1998 37 POSTAGE -1.01 6.84 45 01-16-1998 37 POSTAGE -.78 6.06 .7809 01-26-1998 32 COMMISSARY 23 JANUARY 1998 -.30 5.76 7950 02-09-1998 32 COMMISSARY 6 UARY 1998 -.30 5.46 8146 02-27-1998 37 POSTAGE -1.24 4.22 8229 03-09-1998 32 COMMISSARY 6 MARCH 1998 -.32 3.90 8370 03-23-1998 32 COMMISSARY 20 MARCH 1998 -.32 3.58 8371 03-23-1998 13 PERSONAL GIFT FROM GWRIA 239602 25.00 28.58 BALANCE AFTER THESE TRANSACTIO NS ------ > 28.58 <,. COMMONWEALTH OF PENNSYLVANIA Department of Corrections SCI Graterford Superintendent's Office August 22, 2007 SUBJECT: Property Receipt TO: Derrick McKinney, DT-7715 D A 2098 "A)jj FROM: Wendy M yer Administrative Officer II The following items were recently discovered at SCI Camp Hill and forwarded to this institution for return to you. Some of these items pertain to a pending civil action you filed. 1. Beneficial savings book in the name of Derrick McKinney 2. Confiscation slip #535143 for said savings book 3. Confiscation slip #535133 for said savings book 4. Request slip from Derrick McKinney dated July 7, 2003 Please sign below to indicate you have received these items. Derrick McKinney, DT-771 Staff Member wlm cc: FILE: #Wlrl Date ?1?qlo-l Date "Our mission is to protect the public by confining persons committed to our custody in safe, secure facilities, and to provide opportunihees for inmates to acquire the skills and values necessary to become productive law-abiding citizens, while respecting the rights of crime victims.. t i ' POSTMASTER CAMP HILL POST OFFICE UNITEDSTATES POSTAL SERVICE October 18, 2002 Derrick McKinney #DT7715 PO Box 200 Camp Hill PA 17001-0200 Dear Mr. McKinney: Upon review of your documents, we find that we are unable to assist. Unfortunately, regular mail is not trackable or traceable. There was no indication that you used Certified Mail, or Delivery Confirmation. The Postal Service handles millions of pieces of mail a day, and does not track or record when the individual pieces are delivered unless a special service, such as those offered above, have been purchased. Included is a Form 1510 which you may complete [items 1-15] and return. If the contents are identifiable and arrived at a mail recovery center, it is possible that you may be reunited with them. There are times when some envelopes are damaged in automation handling, and the contents are damaged or separated from the envelope. In the event you did use one of the above services, please include the certified or delivery confirmation number, and a copy of your receipt, and we will check the data on file for those items. We are sorry we cannot be of more help. Postmaster Camp Hill PA 17011-9998 1675 CAMP HILL BYPASS CAMP HILL, PA 17011-9998 717 737-1461 FAX: 717 737-0135 ? ? r C? ; -?-t ?--? c?; ? _; . ?`? .'?J r `?^...? .. ? M. .,3 .. - ? ? ?, _ .... ...? . '.1 ", '? i ?a O IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,PENNSYLVANIA DERRICK McKINNEY Plaintiff VS. ROBERT GIMBLE Et,al. Defendants CIVIL TERM No.#04-1013 PLAINTIFF'S MOTION FOR SPECIAL INJUNCTION/TEMPORARY RESTRAINING ORDER And Now,comes the Plaintiff Derrick McKinney though this Pro se Motion and files the following5requestd pursuant to Rules 1531(a) of the Pa. R. Civ. P. and 1532(a) Pa. R.A.P. and in support thereof states the following: Plaintiff Derrick McKinney #DT-7715, is bringing forth this action pursuant to the Pennsylvania Constitution Article 1 Sections 1, 7, and 20. The United States Constitution Amendments 1 and 14, in regards to the Pa. Torts Claim Acts, after the exhaustion of his administrative remedies pursuant to the 1996 Prison Litigation Reform Act, that were available to Plaintiff Wherein Plaintiff alleged a theft occurred the defendants failured to follow mandated procedure created willful malicious tortfeasor abriding Plaintiff rights of free communication of thoughts and opinions, freedom of speech, the right to petition, address or remonstrance and defense of life liberty, possessing and protecting property. Pursuant to the Pennsylvania Rules Of Court this Honorable court has Jurisdiction for this action is pending before this above captioned court. Wherefore no other court may rule on the merits of this Motion For Special Injunctive Relief. The last thing Plaintiff Derrick McKinney #DT-7715, filed with this Honorable court was: Affidavit Of Truth on: July 12, 2006 it was received by said court on: July 21, 2006. And a Motion To Correct Error on: 4-19-07. I Derrick McKinney #DT-7715 Plaintiff, did Exhaust his Administrative Remedies, Via The Inmate Grievance DC-ADM 804 Policy, and completely through all appeal stages. (0) AA I Plaintiff Derrick McKinney #DT-7715, filed the following *804* Grievance DC-ADM No.#40441 and Grievance (Cam) No.#48367. The Grievance for (Cam) No.#48367 was filed in regards to Plaintiff Personal Property, to which I was given several DC-154A Confiscated Items Reciepts and Inventory Forms. For Grievance No.#40441 it was filed in regards to Plaintiff missing Bank Book Account No.#011318013 that was in the possession of the S.C.I. CampHill Business Office. Both of these Grievances were appealed to the "Final Review" stages by me after receiving unfavorable responses pursuant to DC-ADM 804 Grievance Policy governing appeals of Inmate's Grievance. Thus, Plaintiff clearly "Exhausted all Remedies" that were available to me. Also there is an MOTION TO CORRECT ERROR and PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS PLAINTIFF'S AMENDED COMPLAINT. These are before the Court Now. On: 2-26-07 I Plaintiff Derrick McKinney #DT-7715, was A.T.A. Temporary Transferred to S.C.I.CampHill for court on said case: McKinney VS. Guthrie Et,al. 1:01-CV-2088, I was placed on F-Block Control Group I came with nothing but my Legal Work and Temporary Transfers can not have nothing while they are housed on F-Block please see; F-Block Control Group Rules Exhibit (A). On: 2-28-07 Plaintiff filed an DC-ADM *804* Grievance No. #180225 please see; Exhibit (B) On: 3-2-07 I Derrick McKinney #DT-7715 Plaintiff, was sen't back to my home institution S.C.I.Graterford. Please see Exhibit (0- on: 3-26-07 Plaintiff was sen't back to S.C.I.CampHill for A.T.A. Temporary Transferred again for court on said case: McKinney V. Guthrie Et,al. 1:01-CV-2088, I was once again placed on F-Block Control Group, this time Plaintiff Derrick McKinney #DT-7715 came prepare. Not only did I bring with me my Two (2) Boxes and Footlocker of Legal Work I also brung Cup, Washcloth, and other Items, so I cannot have the problems I had the first time, please see; Exhibit (D). On the next day: 3-27-07 Plaintiff was place in the R.H.U. L-5 at 8:15 P.M. see; Exhibit (E) .... Plaintiff do not want to make this along act in explanation about whathappened while Plaintiff Derrick McKinney #DT-7715, was there for court what I would do for the courts is send all the necessary paper work that was put in to S.C.I.CampHill Administration and everything will be self-explanatory. Occasionally Plaintiff will be making certain notification, to point out certain things the courts needs to see, or know. (1)A t Exhibit (A)-1 is plaintiff contacting Business Manager Gimble, Exhibit (A)-2 is Plaintiff DC-ADM *804* Grievance No.#180757 on officer when leaving, S.C.I.CampHill. Exhibit (B)-1 and (B)-2 is Plaintiff Appeal of Grievance No. #180225 Exhibit (E)-1 is Plaintiff giving notice that I was being housed in S.C.I.CampHill again. On: 4-1-07 Plaintiff Derrick McKinney #DT-7715, put in a DC-ADM *804* Grievance No.#183764 see Exhibit (F) and also see Exhibit (F)-1 and Exhibit (F)-2 for P.R.C. Program Review Committee's appeal. Exhibit (G) and (G)-1 and (G)-2 and (G)-3 and (G)-4 will show this court that Plaintiff Derrick McKinney #DT-7715, was having problems with C/0 Kline, and because he is one of the defendant's in said case: McKinney VS. Gimble Et,al. #04-1013, thats dealing with Plaintiff Property, should not have been no-where near Derrick McKinney Plaintiff Property. Exhibit (H) Plaintiff Derrick McKinney #DT-7715, was returned back to home institution S.C.I.Graterford on: 4-4-07, Plaintiff would like to note that Plaintiff property was not Inventory and Plaintiff Medical Chart was not shipp on the same day. According to Policy DC-ADM 815 I. Handling Of Property For Transfers 2. A.T.A. Authorized Temporary Absence a,b,c,d,e,f, S.C.I.CampHill did not go by Policy also DC-ADM 815-01 IV-J. f, will show Plaintiff is not lying. See Exhibit (H)-1 Exhibit (I) and (I)-1 and (I)-2 shows that when Plaintiff Derrick Mckinney #DT-7715, found out about his property he wrote Superintendent Kelchner. Couple of things the Plaintiff will like for the court to know Plaintiff is a Custody Level (2) two and Plaintiff is being housed on the Honor-Block which is A- Block. And if Plaintiff behavior was negative as Superintendent Kelchner states I know for a fact that there would have been no-problem for Plaintiff to receive an DC-141 Misconduct all Plaintiff did was complain about what was going on to his person with DC-135A/Inmate request To Staff and DC-ADM *804* with my concerns Verbal and Written Communication in order to have my problems resolved. Again as Superintendent Kelchner saidoI took the Chain Of Command.... Exhibit (J) Plaintiff can keep this simple Plaintiff Derrick Mckinney #DT-7715, did not leave S.C.I.Graterford with a Broken Footlocker and Plaintiff did have two(2)boxes full of Legal Work for cases: McKinney V. Gimble Et,al. #04-1013, McKinney VS. Guthrie Et,al. 1:01-CV-2088 (3rd Cir. #02-1620 and #07-2348), and McKinney VS. Kelchner Et,al. 1:05-CV-00205. See also Exhibit (D). (2)B MEMORANDUM OF LAW MEMORANDUM OF LAW A Preliminary injunction is Granted to prevant a party from suffering Irreparable Harm while awaiting the "Final Disposition" of the case, Plaintiff will and have already shown that it is an actual danger of future violation of his rights been violated, also the risk of future harm has already affect me personally, Derrick Mckinney #DT-7715 Plaintiff, will suffer "Irreparable Injury" without an "Injunction.' I'm also showing that my Constitution Rights are likely to be "violated" again if I was ever to be housed at:S.C.I.CampHill while going to court. I Plaintiff will suffer without an "Injunction" more the prison officials at:S.C.I.CampHill if the "Injunction is GRANTED. Even though it would not be best for either parties for Plaintiff to be housed at:S.C.I.CampHiil this is abalance of hardship. The balance of hardships will favor both parties. Plaintiff has over 30 witnesses and/or defendants. Every time I go too: S.C.I.CampHill 'am in immediate threat of life, health, and Plaintiff property. Monmouth County Correctional Institution VS. Lanzaro 834 F.2d 326 (3rd Cir. 1987). Young V. Lane 922 F.2d 370-374 7th Cir. 1999 Past misconducts may be evidence that future misconducts DC-141 is very likely to happen again. Orantes-Hernandez VS. Thornburg, 919 F.2d 549-564 (9th Cir. 1990) And,Kershner V. Mazurkiewicz 670 F.2d 440-443 (3rd Cir. 1982) With Simons VS. S.C.I.CampHill, 615 A.2d 924, 150 Pa.Cmwlth 295 (1992). Venue was proper only in Cumberland County. Except when the Commonwealth is the Plaintiff or when otherwise provided by an Act Of Assembly, an action against a political subdivision may brought only in the county in which the political subdivision is located. Pa. C.S.A. § 931 8523(a). S.C.I.CampHill is a part of the D.O.C. and under 37 Pa. code §§ 111.1(b) and 111.4(b). The principal office of the Department Of Corrections is located in CampHill, Cumberland County. A local office of Commonwealth party is defined in 37 Pa. code § 111.4(c). Local agency employees lose their immunity defense if their actions constitute crime, actual fraud, actual malice, or willful misconduct. La Frankie V. Miklich 618 A2d 1145, 152 Pa.Cmwlth. 163 Cmwlth. 1992. And this court of common pleas for Cumberland County has held that when the Commonwealth loses an Inmate's property that was in its care, custody and control, the claim is not barred by Sovereign Immunity. Wheeler VS. Pennsylvania Department Of Corrections, (00-6115 Civil Term August 2, 2001). Prisoners have been GRANTED preliminary,special injunctive relief in a variety of cases. Zilich VS. Lucht 981 F.2d 694 (3rd Cir. 1992); Parratt V. Taylor 451 U.S. 527, 101 S.Ct 1908, 68 L.Ed.2d 420 (1981). The Plaintiff who was a inmate sued a Warden for unconstitutionally depriving him of Legal Materials (3)C necessary for pending cases. Plaintiff Derrick McKinney #DT-7715, states that he has pending cases and that Irreparable Harm will come upon him if he is unable to properly plead his cases: Ibid. Parratt 451 U.S. 527. Rule No. #1531(a) of the Pennsylvania Rules Of Civil Procedure states in part, A court shall issue a Preliminary or Special Injunction only after written notice and hearing unless it appear (s) to the satisfation of the court that immediate and Irreparable Injury will be sustained before notice can be given** Plaintiff has already suffered Irreparable Injury in that hehas suffered loss of his personal property without due process along with loss of his Legal Property he has not only suffered, the loss of his property but also he was "Assaulted" by S.C.I.CampHill's officers and he is still being continues to be Harassed by the Defendants. Plaintiff has been deprived of the use of his own money, and his liberty interest in his rights to speak freely, and have been abridged by defendants willful and wanton denial of access to a workable Grievance system defined by law, which is a blatant Tort Feasor. 37 Pa.code§93.9; U.S.C.A. Amends 1; Pa.Const.Art.l§§1,7,and 20; Payne VS. Commonwealth Department Of Corrections, 813 A2d 918 (Cmwlth.2002). Plaintiff Derrick McKinney #DT-7715, asks also that the court consider that this Irreparable Injury is likely to keep occurring without an Special Injunction, moreover how does the court expect to repair and recover Plaintiff Personal Property and destroyed Legal Papers and stop the Harassment. And there is an actual danger of this happening again. Misconducts is and was retaliatmry for my action pending against CampHill Officers and Staff Members, and will suffer more harm again and again "IF THE COURT OF COMMON PLEAS DOES NOT INTERVENE. This course of misconducts violates my rights and will continue to do so now and in the future. Prisoners have been Granted Preliminary/Special Inunctions. Singleton VS. Lavan, 834 A2d 672 (Pa.Cmwlth.2003); Johnston V. Lehman,' 49 A2d 730, 168 Pa.Cmwlth.245 (1994); Monmouth County Corr. Inst. Inmates VS. Lanzaro, 834 F.2d 326 (3rd Cir. 1987); Valentine V. Beyer, 850 F.2d 951 (3rd Cir. 1988). Farmer VS Brennan, 511 U.S. 825, 114 S.Ct. 1970(1994). (4) D Johnson VS. Boreani,946 F.2d 67-72 (8th Cir. 1991); Young V. Lane 922 F.2d 370-374 (7th Cir. 1991); Orantes-Hernandez VS. Thornburgh 919 F.2d 549-564:(9th Cir. 1990; Kershner V. Mazurkiewicz, 670 F.2d 440-443 (3rd Cir. 1982); Elrod VS. Burns 427 U.S. 347-373 96 S.Ct. 2673 (1976). If 1IDerrick McKinney #DT-7715 Plaintiff, was to go too court for said cases and I was to be housed at: S.C.I.CampHill I will be suffeiigg undue hardships by having to continually face the defendants harassments the need for his safety outweighs the Prison Officials in that if Plaintiff isandwas transferred back intoo the danger he left, the Officials are obligated to his safety. Ibid. Farmer 511 U.S. 852; Mitchell V. Cuomo 748 F.2d 804 806 (2on Cir. 1984). CONCLUSION FOR THE FOREGOING REASONS THE COURT SHOULD GRANT THE PLAINTIFF'S MOTION IN IT'S ENTIRETY. Date:-4-24-08 #DT-7715 Derric]G Mckinney S.C.I. Graterford P.O. BOX 244 Graterford, PA. 19426-0244 . ? G r- ;Derrick McKinney #DT-771 Prose 5(E) VERIFIED STATEMENT I Derrick McKinney #DT-7715 Plaintiff, do hereby verify that the foregoing Motion For Special Injuntive Relief is true and correct to the best of my knowledge, belief and understanding that any false statement herein are made subject to the penalties of perjury. Date: y-.2 i y- o? -?L Derrick M inney.Pl . tiff Sworn and subscribed before me this ?J ?daff 9,f AQ/ 2008 1ORNMUM fam I(RW "AWV FWft M?iprnMorr.= o (6)F rte. r.? r -7 -F 7 1 -r, Y { ' 7 DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT GIMBLE, BLAINE STEIGERWALT, CORRECTIONAL OFFICER KLINE, CORRECTIONAL OFFICER LEHMAN, DEFENDANTS 04-1013 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2008, the motion of plaintiff for an injunction, IS DENIED WITHOUT A HEARING. This is a civil suit in which plaintiff seeks monetary damages for the alleged conduct of defendants in losing his property. There is no basis for the issuance of an injunction sought in f s motion. ByX Co Edgar B. Bayley, J. "Derrick McKinney, DT 7715, Pro se SCI Graterford P. O. Box 244 Graterford, PA 19426-0244 Amanda L. Smith, Esquire LiVation Section 15 Floor, Strawberry Square Harrisburg, PA 17120 For Defendants :sal P ??! 808 ?'r?? }- Lo '.' G` N LLl r 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA (Judge Bayley) DERRICK McKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 CORRECTIONAL OFFICER LEHMAN, CORRECTIONAL OFFICER KLINE, Defendants MOTION FOR RECONSIDERATION FOR AN SPECIAL INJUNCTION/ TEMPORARY RESTRAINING ORDER Plaintiff Derrick McKinney, would like for the court to reconsider an injunction on the basis that if I was housed back at: S.C.I.CampHill I will suffer Irreparable Harm from the Defendants. Judge Bayley Please go to: Plaintiff's Motion For Special Injunction/ Temporary Restraining order, at page 2B. Plaintiff was placed back in the hands of the Defendants. Correctional Officer Kline is S.C.I.CampHill's R.H.U./S.M.U. Property Officer, this is dealing with Plaintiff Derrick McKinney Legal Property on the date of: 3-27-07, Plaintiff Derrick McKinney jW property was placed in the hands of Correctional Officer Kline, who is a Defendant in this case McKinney V. Gimble Et,al. #04-1013 that is dealing with Plaintiff's property Judge Bayley Plaintiff is trying to prevent anything from happening to his property again. Plaintiff is submitting the orders of Judge Rambo for the neat time Plaintiff is scheduled to go to court. For the foregoing reasons this Court should Grant the Plaintiff Motion For Reconsideration For an Special Injunction/ Temporary Restraining Order. Please see the Exhibits & Motion in it's ENTIRETY. Date: 6-24-08 - L?2 'e (Derrick McKinney,Plaintif Case 1:05-cv-00205-SHR Document 82 Filed 05/15/2008 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DERRICK MCKINNEY, Plaintiff V. KELCHNER, et. al., Defendants. CIVIL NO.1:CV-05-0205 JUDGE SYLVIA H. RAMBO MEMORANDUMandORDER The background of this order is as follows. This is a civil rights action initially filed pro se` by Plaintiff, a state prisoner currently incarcerated at SCI- Oraterford. In this action, Plaintiff alleges that he was assaulted by prison guards at SCI-Camp Hill on February 21, 2003 as he was escorted from the prison library to his cell in retaliation for filing a lawsuit against another prison guard. On February 28, 2008, the court granted Plaintiff's motion to compel Defendants to respond to Plaintiff's request for interrogatories. (Doc. 61.) On April 23, 2008, Plaintiff filed a document which the court construes as a motion to compel discovery, objecting to Defendants' response to his request for interrogatories. (Doc. 74.) On May 13, 2008, Defendants filed brief in opposition to that motion. (Doc. 76.) Accordingly, the issue is ripe for disposition. The court has reviewed the parties' briefs as well as Plaintiff's interrogatories and Defendants' response. Plaintiff received responses to his interrogatories numbered 2 and 5, so these require no further discussion. Additionally, Defendants' objections to Plaintiff's interrogatories numbered 3, 8, 10, 1 On May 7, 2008, pro Bono counsel entered an appearance on behalf of Plaintiff. Case 1:05-cv-00205-SHR Document 82 Filed 05/15/2008 Page 2 of 5 and 122 will be sustained because the court is satisfied that Plaintiff has access to some of this information already, and that the remaining information requests-such as the procedure for opening Plaintiff's cell door (Interrogatory 10)-pose unreasonable security risks and are irrelevant to Plaintiff's claims in this suit. Defendants' remaining objections to Plaintiff's interrogatories will now be addressed in turn: 1. Plaintiff requests all security investigative reports involving Plaintiff by the Security Team at SCI-Camp Hill including witness statements from April 29, 1996 until July 20, 2005. The court agrees that this request is overbroad. However, Defendants shall provide to Plaintiff, through his counsel, any witness statements relating to the February 21, 2003 incident only. 4. Plaintiff requests copies of all of his inmate request to staff slips filed from April 29, 1996 until July 20, 2005. The court agrees with Defendants that this request is overbroad. However, Defendants shall make available for review by Plaintiff, through his counsel, copies of any requests from January 1, 2000 until February 21, 2003, the date of the incident at issue in this case. 6. Plaintiff requests copies of all misconduct and incident reports dating from April 29, 1996 until July 20, 2005. The court agrees that this request is overbroad. Defendants shall make available for review by Plaintiff, through his counsel, copies of any misconduct and incident reports relating to Plaintiff from January 1, 2000 until February 21, 2003, the date of the incident at issue in this case. 7. Plaintiff requests all video recordings of himself from April 29, 1996 until July 20, 2005. The court agrees that this request is overbroad. However, 2Plaintiff s interrogatories are numbered sequentially until number 10, after which the numbering restarts with 1. The court assumes that this is a typographical error, and for the purpose of this opinion will refer to interrogatory I 1 and 12 rather than 1 and 2. 2 Case 1:05-cv-00205•SHR Document 82 Filed 05/15/2008 Page 3 of 5 Defendants shall make available for review by Plaintiff and his counsel any video recording of the escort of Plaintiff on February 21, 2003. 9. Defendants shall make available for review by Plaintiff, through his counsel, Policy 201 regarding use of force and any other policy relating to refusal of medical treatment. 11. Plaintiff requests all names of medical staff that treated Plaintiff for injuries sustained on a number of dates, including February 12, 2003, as well as any documentation relating to those injuries. The court agrees that information relating to other injuries is irrelevant to this case. However, Defendants shall provide the names of medical staff that treated Plaintiff for injuries relating to the incident on February 12, 2003. Additionally, Defendants shall make available for review by Plaintiff, through his counsel, any documentation relating to that injury. This case is currently scheduled to go to trial in July 2008. In light of this order, and the .fact that Plaintiff now has counsel, the court will grant Plaintiff additional time to complete discovery and file motions in limine. Additionally, this case will be moved to the October 2008 trial list. IT IS HEREBY ORDERED THAT: (1) Plaintiff's motion to compel discovery (Doc. 74) is GRANTED IN PART and DENIED IN PART as follows: (a) The motion is GRANTED insofar as Defendants shall provide the following information to Plaintiff through his counsel for review: (i) Any witness statement relating to the February 21, 2003 incident; (ii) Any inmate request to staff form by Plaintiff from January 1, 2000 until February 21, 2003; 3 Case 1:05-cv-00205-SHR Document 82 Filed 05/15/2008 Page 4 of 5 (iii) Any misconduct and incident reports relating to Plaintiff from January 1, 2000 until February 21, 2003; (iv) Any video recording of the escort of Plaintiff on February 21, 2003; (v) Policy 201 regarding use of force and any other policy relating to refusal of medical treatment; and (vi) The names of medical staff that treated Plaintiff for injuries relating to the incident on February 12, 2003, and any documentation relating to that injury. (b) In all other respects, the motion is DENIED. (2) Plaintiff is granted to July 18, 2008 to complete discovery. (3) The deadline for filing motions in limine and supporting briefs is August 11, 2008. (4) Responses to motions in limine shall be filed no later than August 21, 2008. (5) Replies to motions in limine shall be filed no later than August 28, 2008. (6) If Plaintiff anticipates calling any prisoner witnesses, no later than September 2, 2008, he shall file in camera with the court a request for writs for those witnesses. The request shall state the name, prisoner number, address and substance of the testimony of each witness Plaintiff intends to call. (7) The deadline for filing pretrial memoranda, proposed voir dire, and proposed jury instructions is noon on September 11, 2008. (8) The pretrial conference with counsel only will be held on Thursday, September 18, 2008 at 9:00 a.m. in the chambers of Courtroom No. 3. 11 Case 1:05-cv-00205-SHR Document 82 Filed 05/15/2008 Page 5 of 5 (9) This case is removed from the July 2008 trial list and is added to the October 2008 trial list. Jury selection for cases on the October trial list will commence at 9:30 a.m. on Monday, October 6, 2008 in Courtroom No. 3, Eighth Floor, Federal Building, Third and Walnut Streets, Harrisburg, Pennsylvania. If counsel who intends to try the case has a conflict, the court must be notified immediately. (10) Whenever any civil action scheduled for jury trial is settled or otherwise disposed of in advance of trial, jurors' costs, including mileage and per diem, shall be assessed equally against the parties unless the Clerk's Office at the place the trial is to be held is notified of the settlement in sufficient time to permit the Clerk to advise the jurors that their attendance will not be necessary. Notice to such Clerk's Office before 5:00 p.m. on the last business day preceding the day on which the trial of the action is to start shall be adequate for such purpose. s/S lvia H. Rambo United States District Judge Dated: May 15, 2008. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK MCKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE,=BLAINE STEIGERWALT, #04-1013 C/O LEHMAN, AND C/O KLINE PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 6-24-08 and manner indicated above, served a copy of this motion and letter on the following person(s) Timothy P. Keating, Esquire Civil Litigation Section 15th Floor, Stravberry Square Harrisburg, PA. 17120 AND Curtis R_ Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 6-24-08 (Date) c (Plaintiff This certification is executed pursuant to title 28, United States code, section 1746. #DT-7715 Derrick McKinney S_C.I.Graterford P.O. BOX 244 Graterford, PA_ 19426-0244 ?s CID _? ..-1. mop C6 t r ! !oC-E 'T(.(i S C o T o w Q CAA--y ?(,` c? ?, _ ?? ? ' - >' ?, : ',,r :ter ---t ;1: .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O LEHMAN, AND C/O KLINE PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day /o - z y - c I and manner indicated above, served a copy of this motion and letter on the following person(s) Timothy P. Keating, Esquire Civil Litigation Section 15th Floor, Strawberry Square Harrisburg, PA. 17120 AND Curtis R. Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on /6 -zy_ p? (Date) T ( laintiff This certification is executed pursuant to title 28, United States code, section 1746. IDT-7715 Derrick McKinney S.C.I.Graterford P.O. BOX 244 Graterford, PA. 19426-0244 f Cl? `i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL TERM #04-1013 Derrick McKinney DT-7715 SCI Graterford P.O. Box 244 Graterford, PA 19426-0244 Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, C/O LEHMAN, AND C/O KLINE Defendants MOTION OF ADDRESS CHANGE Plaintiff Derrick McKinney IDT-7715, comes before this court of clerk and defendants attorney with a notice of address change, I'm being housed at: S.C.I.Graterford P.O.BOX 244 Graterford, PA. 19426-0244. Plea.ge zee that all correspondence comes too S.C.I.Graterford. Date:11-4-08 (Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY Plaintiff CIVIL TERM VS. ROBERT GIMBLE, BLAINE STEIGERWALT, #04-1013 C/O LEHMAN, AND C/O KLINE PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 11-4-.08 and manner indicated above, served a copy of this motion and letter on the following person(s) Timothy P. Keating, Esquire Civil Litigation Section 15th Floor, Strawberry Square Harrisburg, PA. 17120 AND Curtis R.' Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 I Derrick McKinney #DT-7715, certify under the penalty of perjury that the foregoing is true and correct. Executed on 11-4-08 (Date) (Plaintif ^ This certification is executed pursuant to title 28, United States code, section 1746. IDT-7715 Derrick McKinney S.C.I.Graterford P.O. BOX 244 Graterford, PA. 19426-0244 G DERRICK McKINNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-1013 V. ROBERT GIMBLE, BLAINE STEIGERWALT, C/O LEHMEN, AND C/O KLINE, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY, CUMBERLAND COUNTY Please enter the appearance of STEPHEN M. GREECHER, JR. of Tucker Arensberg, P.C., as counsel for Plaintiff, Derrick McKinney, in the above matter. TUCKER By: mxepnertwrweecner,ar. Attorney's I.D. No. PA'36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: '71) X// p 9 108352.1 t, CERTIFICATE OF SERVICE AND NOW, this /4y-7# day of JULY, 2009, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Patrick S. Cawley, Deputy Attorney General Commonwealth of Pennsylvania Office of Attorney General, Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 ATTORNEYS FOR DEFENDANTS 4--O? 6&?Z? - Jac uel Zettlemoy 108352.1 OF TNT ? ;: ?o?k'y 1009 JUL 15- PI` 12'. 31 CUty _'i sTY PEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY CIVIL TERM Plaintiff VS. ROBERT GIMBLE, BLAINE STEIGERWALT, No. #04-1013 C/O LEHMAN, AND C/O KLINE Fr 50 r7l MOTION OF ADDRESS CHANGE -` w cn I Derrick McKinney hereby comes before this court with a NOTICE OF'ADESS CHANGE, Please see that any and all mail pertaining to the above-entitled matter comes to the following address: Derrick McKinney 1374 S. Melville Street Phila, PA. 19143 I Derrick McKinney, certify under the penalty of perjury that the foregong is true and correct; and this certification is executed pursuant to title 28, United States code, section 1746. Please see that all Papers be served at this address: Derrick McKinney 1374 S. Melville Street Phila, PA. 19143 Date: 3-1-2010 1 / C ?- ignature r? . McKinney V. Gimble Et,al. No. #04-1013 AND McKinney VS. Guthrie Et,al. Numbers.#1:01-CV-2088 (3rd Cir.. #02-1620 93rd Cir. #07-2348) AND McKinney VS. Kelchner Et,al. #1:05-CV-00205 (3rd Cir. #09-1150) PROOF OF SERVICE I DERRICK MCKINNEY #DT-7715, hereby certifies and says that he has on this day 3-1-2010 and manner indicated above, served a copy of this motion and letter on the following person(s) Curtis R. Long, Prothonotary One Courthouse Square Carlisle, PA. 17013-3387 AND Stephen M. Greecher Jr. Esq. P.O. BOX 889 Harrisburg, PA. 17108-0889. I Derrick McKinney certify that this document(s) or letter(s) or motion(s) vas given to prison officials on 3-1-2010 (date) for forvarding to the above person(s). I Derrick McKinney #DT-7715, certify under penalty of perjury that the foregoing is true and correct. 28 U.S.C. § 1746. Date: 3-1-2010 #DT-7715 - 2 0, CI/7 ignature Derrick McKinney S.C.I.Graterford P.O. BOX 244 Graterford, PA. 19426-0244 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Derrick McKinney Plaintiff NO.04-1013 2FEl' M{ iJ vs. : may, ? Robert Gimble, Blaine Steigernalt, c/o Lehman, and c/o Kline ?'_a Defendant 4 r\3 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen M. Greecher, Jr. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 3,000 (approximately) The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Patrick S. Cawley WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe 1 b ' ep n M. Greecher, Jr. ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. , 200___, in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, pd -?dvo ,KO S5--?3 O'Ad ?'?l Uhl Kevin A. Hess, P.J. CD wrt r=-tom -ra t pry.. 1 a L .) i Derrick McKinney Plaintiff vs. Robert Gimble, Blaine Steigenvalt, c/o Lehman, and c/o Kline Defendant ORIGINAL N RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen M. Greecher, Jr. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe 11 b , ep n M. Greecher, Jr. action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 3,000 (approximately) The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Patrick S. Cawley ORDER OF COURT Pd ?'3 `/.1/0 r?iL.t? SS?3 captioned action (or actions) as prayed for. AND NOW, AOZe y Z , 200 d , in consideration of the foregoing petition, QM44,1- ???"4.t Esq., and Esq., and,/tlt v Esq., are appointed arbitrators in the above IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1013 l: NO . _._ D counsel for the plaintiff/defendant in the above By the Court, r- ? Kevin A. Hess, P.J. > C'? O N a a M C-) 1 rN U., L Y? i-: 73 r*l =G -rj O"rr CD ° C D D 9. P ALE uetenctant I Yjsh rL E. Cr_ij-aA Name Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office T ith fidelity. mature Signature Signatur Name (Chairman) w g6i'F 's ?15G- PC Law Firm Address Law Firm l g u --15 M -? 1-?-L Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 l of 3 Civil Action - Law. 5 W&?A, p v City, Zip City, Zip Name Law Firm Address city, Zip . Arbitrator, dissents. (Inse)i name if Date of Hearing: Date of Award: / U/l.r nib rZ) T Notice of Entry of Award Now, the day of , 20--L?-, at 1/.AILS , d--.M., the above award was entered upon the docket and notice th eof given by mail to the parties or their attorneys. Arbitrators' compensation to be aid upon appeal: w ,.C0.0? Prothonotary By: Deputy Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ! APR 13 A' 11= 'UMBERLAND COUNTY PENNSYLVANIA c6p1,FS rmtl.l l? C? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, Plaintiff NO. 04-1013 V. CIVIL ACTION - LAW 3 ROBERT GIMBLE, V rnm c.-, =-n BLAINE STEIGERWALT, C/O LEHMEN, xa z ' -, r AND C/O KLINE, ` C) D f e endants Y - =Z=5 F-5 5n ' PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Arbitration in the above case was held on April 13, 2011. An award was made in favor of the Plaintiff on April 13, 2011. Notice of award was entered on the docket on April 13, 2011. No appeal has been taken from the award of the arbitrators by any party. Plaintiff, Derrick McKinney requests that judgment be entered in his favor against Defendants, Eric Kline and Daniel Lehman in the amount of $210.00 plus costs of $87.65, for a total of $297.65 and against Defendant, Robert Gimble in the amount of $84.67 plus costs of $35.34, for a total of $120.01 TU( By: Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF Dated: May t?X, 2011 HBGDB: 119722-1 025317-141809 CERTIFICATE OF SERVICE AND NOW, this 24th day of May, 2011, I, Dawn T. Heilman, Paralegal to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Timothy P. Keating, Esquire Office of Attorney General Civil Litigation Section 15"' Floor Strawberry Square Harrisburg, PA 17120 ATTORNEY FOR DEFENDANTS awn T. Heilman HBGDB:119722-1 025317-141809 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK McKINNEY, ? Plaintiff 04-1013 -0 NO c v. . z° CIVIL ACTION - L ft' . -,r- ROBERT GIMBLE, Z0 S 2=' BLAINE STEIGERWALT, C/O LEHMEN, AND C/O KLINE, as o Defendants ?- PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY, CUMBERLAND COUNTY Please mark the above-captioned judgment satisfied in full. TUCKER ARENS5E-FG, P.C. By: 16 Jr. M. %eer 4 Attorney's I.D36803 1 North Front Street 11 P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: June a, 2011 H BGDB:120143-1 025317-141809 am+ t g•,co PJ cx,kS`7sy a ?4 `?