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HomeMy WebLinkAbout09-7651IN TEE COn. T OF COMMON PLEAS CIVIL OF C:UMSER 0UN Y, PENNS-YLVMNIA DIVISION vsk (Plaintiff )/ L A, EBffii ' D-- 4 -erk- al--/ (Def endan`S IN FORMA PATiPERIS VERIFIED STATEMENT 1. I am the (plaintiff .4' in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending th action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, tr-) pay the costs of-litigation. 3. I represent that the information below relating to my ability to pay the fees anik costs is true %,,nd correct (a) name: S.S.# a? , address: 'DC Phone: city: state: zip. code: / (p r. (b) EMPLOYMENT If you are presently employed c mplete he f 11o ing ` employer: e: ho address: em loy a I.D. r city: -? tate 4-f z p c monthly salary or wages: $ t e o w rk: If you are presently unem to ed, 1 ase om a the ollowing: date last worked: m thly sa r or wag s: $ type of work: ,a: ?qve F evo wapke a a POV'?'69 Soci (c) OTEE R INCOME WITHIN THE PAST TWE LVE MO T. (list amounts for Ich and expl n) Business or profession:$ other self-employment:$ Interest earned:$ Dividends:S Pension and an ruities: $ Social Securitv benefits:$ Support payments:$ Disability payments:$ Unemployment compensation and supplemental benefits:$ Wor;-=en's Compensation: $ Public Assistance:$ Other - NO. ?o4- afF wh `c sr 11 fn r? S n (Y)Y frl'enj Ct'%NTR:B',j T3nS 3 H USZHOLD SU?PORT I (hus_bard'si nalne: /11 ?- F w.cr 1?'..'zba....":d i' employed, r:easa Cor', e fo 2'i n, r.,dd,-.__..z ? _ ___._ __ _w?. r . .._ _._ L GYE. 1 ? •T_ ?? _rstat Zl Co'? ------ monthly salary or wages: y t' .e Z CQr contributions from children: $? (77--T-- V con`_:-ibutions f= parents: S Other contributions (explain). $ (c) PROPERTY OWNED: Cash: $ Checking account: S Savings account: $ Certificates of Deposit (CDs): $ Real estate (including 'rouse): $ Motor vehicle(s): Make: Rodl: y ar: Purchase price: $ un o $ Make: year: Purchase price: $ u t owe $ Stocks; bonds:°$ Other (explain): $ (f) DEBTS AND OBLIGATIONS: Mortgage: $_ Rent: 5 Loans: $_ Other (explain):` m C r W spa ins an ?o? -s s f r"t-4 (g) PERSONS DEPENDENT UPON YOU FOR SUPPORT: (wife's) (husband's) name: Children, if any: Name : L?t J Ag _ Nar:e - p-ge Name : Other persons: ? 4. Name: Relationshi Name: Relations'' p: *.:_^.aerstand that I have a continuing obligation to inform. the Court cf "lprovement in ny financial circumstances which would permit me to pay the costs incurred herein. a. I ; ... .` r the_t the _,t_ter eats made in this affidavit- are true an correct. _ that false ctaterlents h =rein are m.ele s::hjecY to th£- Penalties c,- . :_!1G..." para rGph 4 G' , re7s.. ry tc ns.icr n falziyica'__a:; to a?.tziorii'e= . b Pat1`_i.G.n_r: r?A__ P. 09P P)01fr i rA e Cal I s Eti+' TBE COURT OF COMMON PLEAS OF 'CO T3 , P 1 1 S-MVAv? CIVIC. DIVISION (PLair_tiff) vs NO. {Defendant ow ORDER OF COURT AND NOW, to-wit, this day of 19 upon consideration of the foregoing Petition, it is hereby ORDERED, ADJUDGED and DECREtD that the petitioner be and hereby is permitted to file and pursue his Action in the above-captioned case without payment of costs or fees. BY THE COURT RY 2C 9 lij V t r • L;y?'.?'gv JOHN RICHARD JAE, * No - O`1_ 7G S! C,4?? TZ_ Plaintiff, * 42 U.S.C. §1983 CIVIL RIGHTS Vt. COMPLAINT-CONDITIONS OF V9,0-r-fzp Roil?, 8? PhtD. * CONFINEMENT FILED IN STATE KENNETH R. CAMERON, COURT/STATE CIVIL ACTION-AT- JAMEY P. LUTHER, W * LAW WITH A JURY TRIAL DEMAND CAROL HINES, DOUG BOPP, n gvzo !!,h1)LxK 63) PRW CrS ?e22o * r DIAMOND PHARMACY, BRAD McDERMOTT, JEAN A. SLIKO, JAMES SUTTON, PRISON MAIL INSPECTORS, Defendants. * I. INTRODUCTION 1. This is a 42 U.S.C. §1983 Civil Rights Complaint-Conditibns of Confinement Filed In State Court/State Civil Action-At-Law With A Jury Trial Demand, filed by John Richard Jae, a Pennsylvania State Prisoner, seeking a Declaratory Judgment, Injunctive Relief,Compensatory and Punitive Damages, Court and Other Costs Of This Suit, Plaintiff's Attorney's Fees k Costs (if any),A Remedial Order, A Trial By A Jury On All Issues Triable By A Jury & Such Further & Other Relief As This Court Deems Is Just, Proper & Equitable, Herein: -II. JURISDICTION 2. This Court has Jurisdiction over this suit under 42 U.S.C. §1983 and Pa.R.Civ.P., Rule 1007. III. PARTIES Plaintiff 3. Plaintiff John Richard Jae is a Pennsylvania State Prisoner, who at all times mentioned in this complaint was confined at the State Correctional Institution At Cresson, Cresson, Pennsylvania. Defendants ?n?ec-FMS F? n t?sCrl n?a?a rl- o C-?e ?a? S,? C? f 1r J Y 1 '(f) f "e c4-f; ? ?;e ? -=??r .19 t Defendant Jamey P. Luther is the Deputy Superintendent For " Centralized Services at the State Correctional Institution At Cresson ("SCI-Cresson"), Cresson, PA. Q. Defendant Carol Hines is the Program Manager for Prison Health Services at the State Correctional Institution At Cresson ("SCI- Cresson")), Cresson, PA. p,. Defendant Doug Bopp is the Corrections Health Care Administrator at the State Correctional Institution At Cresson ("SCI- Cresson"), Cresson, PA. q, b?? e a daV?d ?a? ?c?ck? ?s -he 1?2qj?p O-P Me g, naC? i0?. f?2?ndar? Lq is f?e.???l?gLnc? xh ` 9Coi iii af+ T n5?- a) fW- CrV192M, Cr ab7f)% IL Defendant Diamond Pharmacy is the Contract Medication /Prescription Provider for the State Correctional Institution At Cresson ("SCI-Cresson"), Cresson, PA. IE,Defendant Brad McDermott is the Corrections Food Service Manager ("CFSM") at the State Correctional Institution At Cresson ("SCI--Cresson"), Cresson, PA. Jean A. Sliko is the Business Manager at the State Correctional Institution AT Cresson ("SCI-Cresson"), Cresson, PA. 1Y- Defendant James Sutton is the Mail Inspector Supervisor at the State Correctional Institution At Cresson ("SCI-Cresson"), Cresson,PA. & Defendant Prison Mail Inspectors are the Mail Inspectors in charge of the Processing/Picking Up & delivery of all incoming & outgoing mail at the State Correctional Institution At Cresson ("SCI- Cresson"), Cresson, PA. j All Defendants at all times mentioned herein acted under the color of State Law or conspired with those acting under the Color of State Law. Each Defendant is sued individually and in his or her official capacity. 2 m rUEUsc79L Pl?opam 01n123 19 D" MI) A1y 01? 12oog` Cqf?) w f)es p c k?a Up M y h,(?Dj dtp p 1()::'W 0 N ))aJ)4 uCA ` o ?Oy n? 1 0ccP e hq1) 'fA re 13 Cpl? here ?? pct1-7? e 40.4ery bol c 1 n-?? Mt a s shave dl::IFP ` cuI? d0 AT,?\ m)/L?0P q1) 6 W' o k even-- -IQ own ZLc? Upl ? a?? i ? his hind 1% 0f) pj? Wuols' ? ?z aogi dci n-- H i ?-?o .? +?q+ g pert p10, n 11 we u C? w0i I d hq ve +0 qS pr: ?r I Cc) s?Uc?a q r) 11 o ra?+ a `mac, ajJ 0 r? Fe, br ua 2D o q1 fn a do) 141 pe'c" -k my pes* ?fn oi nJ ?o ) d ? + Bch t0v)l Jo,? s?y ?-q ?aoq pe 44 CPS+ $12-S--,' O LD -ho 1?e P , xz -P- A, p ? . ?' ??-- W a P) -F-,U)+ , J-o pA?? -R>r hear'?n9 ctmpI°+r? Ke q n3 +?4 T+ ?s ?'H s' lea IaGj pVz:>A d e rage wTq -h 2?)cb ?d-}- ? s? such end rTe-e-,-q -c'\ 1 e Td--ep FIHS I-n ? 9 - Pe? cu4- -?o gc?? yo u wa))? ?Pw pmp -T n e, ?q ? she ?e -Pfhgq co I a s1)w 1 j 6 a p of Lou+ you P,g )a ??',c c) I)a K? P)o\TN-V-f ?0F[))j lass sn A ? an P? ??? drug interactions and adverse symptoms to watch out for on Plaintiff's medications with him at his vist. 29. That, on September 13, 2007, Plaintiff again wrote to Defendant Doug Bopp, CHCA, and requested to know what are all the side effects, drug interactions and adverse symptoms of my following medications: Aspir-low 81 mg Tablet E Chlorpheniramine 4 mg T HCTV 25 mg Tablet Acetaminophen 500 mg Cp. 30. on September 19, 2007, Defendant Doug Bopp, CHCA, rgsponded to Plaintiff's 8/13/07 Request & stated,"Please sign up for sick call to discuss your medications." 31. By not knowing what the side effects, drug interactions and adverse symptoms of his medications, Plaintiff is not aware of such or how they could interact with each other and/or with other medications he currently is taking. or with those he may take in the future and what adverse symptoms he could have and how to recognize such and when to report such which could place him in imminent danger of serious physical harm or possibly even death. 32. That, it is Defendant Diamond Pharmacy's job to place these warning label(s) on Plaintiff's Medication Bubble Packs, but they have deliberately failed to do so. 33. Based upon the facts stated in Paragraph No's. 26-32, Defendants Doug Bopp, CHCA, and Diamond Pharmacy have shown a deliberate indifference to Plaintiff's serious medical needs and to his physical safety and have placed him in imminent danger of serious physical harm or possibly even death in violation of the 8th Amendment of the U.S. Constitution and Article 1, §13 of the Pa. Constitution without the due process of the law required by the 14th Amendment of the U.S. Constitution and Article 1, §26 of the Pa. Constitution. e en ants Caro Hines . /H L! U U L la.iul+?r 1 l e had talked to 5 COUNT THREE -MEDICAL 34. On December 19, 2008, this Plaintiff was on the Prison Call Out Sheet for law library at 0800 Hours (Plaintiff was placed on law library Callout for 12-19-08, on 12-17-08). 35. Despite this and the Facts that the Prison Callout Policy here for inmates prohibits an inmate from being put on a second callout for somethingelse while he is on the first callout, Defendant Carol Hines placed me on the Callout for PA Line at Medical at this same time. 36. On 12-19-08, when Plaintiff was called Medical for my PA Line Callout at approximately 0730 Hours I told Officer Cooper, about my callout for law library at 0800 Hours that morning and also told him that I wished to refuse to be seen by the pa. then ano that I was also refusing to sign the Medical Treatment Refusal Form/Paper, as is my right to do by federal law. Despite the above, Off. Cooper & PA-C Billie Lewis forced me against my will & held me Hostage over in the Medical Dept. Waiting Room & forced me to remain there util I was seen at PA Line by PA-C Billie Lewis under threat that he would be written up on a Misconduct if he left. 37. As a direct result of this Plaintiff was forced to miss & forego his prior callout for 0800 Hours for law library then & this caused him actual injury in that it delayed him in preparing & filing his complaint & other legal papers in court that he would have filed much sooner and this denied him his lrst Amendment U.S.Constitutional Rights to have "effective, meaningful & unimpeded"access to the courts and his 8th Amendment U.S.Constitutional Rights to refuse medical treatment, 38. That Defendants Cameron & Bopp were personally aware of this & had the authority & duty to correct such, but they both refused. COUNT FOUR-DELIBERATE-INDIFFERENCE TO PHYSICAL SAFETY It% Every winter since Plaintiff has been out in General Population-in this Prison (since May 31, 2006), the Control Sergeants, Shift Commander & Kitchen Sergeants call for Breakfast/Mainline & other inmate line movements prior to the Inmate Work Crews/Staff salting the Prison Walks/Roads when there is ice on them and this creates an unsafe situation for this Plaintiff & all other inmates here as he/they could slip & fall on the icy walks/roads & get seriously hurt or worse. Plaintiff has already slipped & fallen on the ice several times here as a direct result of no salt being put down on the walks/roads & it was only by the grace of god he wasn't seriously hurt. t4w. Plaintiff is under imminent danger of serious physical harm as a result of the above as he could slip & fall on the slippery/icy ?.ialkc/rna?? & break a leg, arm, ankle,or worse. 6 x, 'Wir,- quxig gF'9nt SO, COUNT FOUR-CORRESPONDENCE 43.. On September 10, 2007, this Plaintiff sent out a Legal Letter to hi:3 Megan's Law Attorney (Karl Baker) in a State free Postage Paid Envelope with two Prison Cash Slips attached to it to deduct money from his account to pay for the postage to mail such out. 41V Later on this same date this same Envelope/Letter was retturned to this Plaintiff by Defendant Prison Mail Inspectors stamped, "Free Postage For This Month Used Must Use Commissary Envelope." O5. On September 11, 2007, Plaintiff sent Defendant James Sutton, Mail Inspector Superior, an Inmate Request Form, asking him why are his Mail Inspectors denying me my U.S. Constitutional First Amendment Right to correspond with my Megan's Law Attorney. 4. On September 11, 2007, Defendant Sutton answered Plaintiff's Request Slip & stated, °'Mr. Jae You are incorrect ask your unit team to see DC-ADM 803." r 4,/?2 On September 17, 2007, this Plaintiff reviewed DC-ADM.#803 in its entirity and discovered that nowhere therein does it state that an Inmate cannot use a state envelope with a Cash Slip that he pays postage for to send out letter(s) once he has used his 10 free state envelopes for the month. 4 If such a Policy did exsist it would be a local SCI-Cresson Prison Policy enacted by Former SCI-Cresson Superintendent Mark Krysevig just for this prison and it would not be a reasonable legitimate penological policy and it would have been enacted in violation of the lrst Amendment of the U.S. Constitution. By Their Acts, Actions & Conduct as is set forth above in Paragraph No's. qg3r-.114' supra, Defendants Prison Mail Inspectors and Sutton have violated the Law & Plaintiff's Rights to have freedom of expression/speech and freedom to correspond and to send out mail under the lrst & 14th Amendments of the U.S. Constitution and under Article 1, W & 26 of the Pa. Constitution. COUNT FIVE-CORRESPONDENCE On January 28, 2008, this Plaintiff received a Letter from State Sen. Jay Costa, an elected public official, which had been opened outside of his presence by the Defendant Prison Mail Inspector #2 in the Prison Mailroom here even though this letter was legal mail. On January 29, 2008, this Plaintiff received a Package with a penrL.?ylvania_banual Law Book from Sen. J;ay Costa, which was opened outside of his presence by Defendant Prison mail lnspecto, #2 and which was also Legal Mail. 7 5",. After this Plaintiff had received the unlawfully opened letter from Sen. Jay Costa on January 28, 2008, he wrote & sent a written Inmate Request Form to Defendant James Sutton, Mail Inspector Supervisor, asking him why the Mail Inspector #2 had opened my Legal Mail. 5 On January 29, 2008, Defendant Sutton responded to Plaintiff's Request & stated, "Mr. Jay The mail in question is not privileged correspondence." 5y. However, Defendant Sutton is wrong here as both Prison 14&1..L Policy DC-ADM.#803.Iv.N.l.a.; and federal court decisions define mail from a public elected official as Privileged (Legal) Mail which is not to be opened outside of the Inmate's presence. _, As to the Defendant Jean A. Sliko's Initial Review Decision on Plaintiff's Grievance on this, that, "The Mailroom followed policy in opening your mail and package. Mail rceived from State Senators and other political people is not "privileged communication".; and Defendant Supt. Cameron's decision that, "Ms. Sliko appropriately investigated and responded to your initial grievance".; such decisions are just not true and even if the mailroom /Defendant Prison Mail Inspectors followed prison policy here, they still failed to comply with and follow federal law/federal court decisions, which have held that mail from legislators/public officials is to be considered legal/privileged mail, which is not to be opened outside of an inmate's presence as to doso chills free speech. 56. The Acts, Actions & Conduct of Defendants Prison Mail Inspector #2, Sutton, Sliko & Cameron, as is set forth in Paragraph :03--,Gq supra, violated the law and Plaintiff's Rights under Amendment 1 of the U.S. Constitution and under Article 1, §7 of the Pennsylvania Constitution without the due process of law guaranteed by Amendment 14 of the U.S. Constitution and Article 1, §26 of the Pennsylvania Constitution. COUNT SIX-ACCESS TO THE COURTS 5%e On November 26, 2007, Plaintiff sent out two (2) Inmate postage paid free envelopes containing his Notices of Appeal and Verified Statements in his Federal Civil Rights Actions filed in State Court/State Civil Actions, Jae Vs. Blaine, et al., No. AD 217 2002 and Jae Vs. Miller, et al., No. AD 881 2002, which were due by November 28, 2007, to the Greene County Court Prothonotary's Office, by placing such in the locked Mailbox on F-Block here to be picked up by Prison Mail Inspectors here. 8 5 On or About December 20, 2007, Plaintiff received notification in an Order of Court, dated, December 18, 2007, that such Notices of Appeal were untimely filed in the above-two cases as such were received by the Greene County Court Prothonotary's office on November 30, 2007, (2 days too late) and he was told to show cause why said appeals should not be dismissed as untimely filed by the Commonwealth Court of Pennsylvania, which he did do on January 2, 2008. 9m On January 4, 2008, the Commonwealth Court issued another order of Court in Plaintiff's Appeals at No. 2254 C.D. 2007 and No. 2255 C.D. 2007 (the appellate court docket no's. on/for these two Civil Rights Cases) to submit the Postage/Mailing Slips in question, however, Plaintiff could not comply with such order because by Prison Policy, Cash Slips (Postage Slips) can only be used when the envelope/mail weighs over 1 ounce and because this Prison has no policy which requires the Prison Mailroom to document the date they received legal mail from an inmate to be sent to the Courts, as is evidenced by the fact that on January 10, 2008,the Prison Mail Inspector Supervisor (Defendant Sutton) responded to this Plaintiff's Inmate Request to him & stated, "Mr. Jae We do not Keep such record." Plaintiff also believes that Defendant Prison Mail Inspectors did not mail out his Notices of Appeal/envelopes on November 26, 2007, like they should have, as there is no valid reason why the Prothonotary did not receieve such until 4 days later if they did in fact do so on November 26, 2007, as it does not take first class 1 ounce mail 4 days to get from Cresson to Waynesburg. On February 6, 2008, the Commonwealth Court dismissed V, PRIW Plaintiff's above-appeals as untimely filed. 62* Furthermore, Defendant Jean A.Sliko's Initial Review Decision on the Grievance on this failed to properly address the facts of my Grievance and she "lied" therein such when she stated, "You did not have funds."; as since these two(2) Notices of Appeal were sent in by Plaintiff to be mailed out in 2 free state postage paid inmate envelopes that the prison provides him with ten(10) of each month & as such envelopes did not weigh over 1 ounce, Plaintiff did not need any funds (money) to mail such out. 6'. Defendant Supt. Cameron was full aware of this and he had the authority and the duty to overturn tKe decision by Defendant Sliko and to order a policy created requiring that Cash Slips can be 9 57. The Acts, Actions and Conduct of Defendants Prison Mail Inspector #2, Sutton, Sliko & Cameron, as is set forth in Paragraph No's. used for all legal mail to the Courts whether such envelope(s) are over one ounce or not, but he chose not to do so herein and therefore he is liable for this violation also. 6f/,, The Acts, Actions & Conduct of Defendants Prison Mail Inspectors, James Sutton, Jean A. Sliko & Supt. Cameron as is set out in Paragraph No's. 58-64, supra, subjected this Plaintiff to an actual injury and caused his appeals to be dismissed by the Commonwealth Court in violation of his rights & the law under the First and Fourteenth Amendment of the U.S. Constitution and Article 1, §§20 & 26 of the Pennsylvania Constitution to access to the courts and to due process of the law. COUNT SEVEN-DENIAL OF PUBLICATION Earlier this year, Plaintiff wrote & sent an Inmate Request Form to Defendant James A. Sutton, Mail Inspector Supervisor here, inquiring about whether he was allowed to receive/purchase a dictionary from a Book Store/Book Distributor or Book Organization. 69r Defendant Sutton replied to this Request in witing & stated to this Plaintiff, that he could not receive nor purchase a Dictionary from a Book Store/Distributor or organization because a dictionary is sold in the Commissary. 6:':, on June 25, 2008, Plaintiff wrote & sent an Inmate Request Slip to 6efendant Supt. Cameron, stating, "Mr. Sutton, Mail Inspector Supervisor, is telling me that I cannot receive/purchase a dictionary from a Book Store/Book Distributor or organization because a dictionary is sold in the Prison Commissary. If this is true, such violates my lrst Amend. U.S. Constitutional Rights to receive Publications Fredom of Speech and is contrary to what every other Pa. Prison I've been confined in allows & also violates Prison Policy that books are exempt from Commissary Policy. Furthermore, such violates my lrst Amendment Rights of access to the courts as the little dictionary presently sold in the Commissary is a worthless piece of crap that is not worth the paper it is printed on and "is" ineffectual and insufficient to provide me the information I need to prepare my court papers as such only has a few hundred words in it. Given the above, I am requesting that you allow me to purchase/receive a dictionary from an outside source or that you try to get an exception to the policy that only allows a dictionary to be purchased at Commissary." 6f. That,Defendant Supt. Cameron denied this Request based on the same rationale/policy as set forth by Defendant Sutton and so Plaintiff filed an Official Inmate Grievance about such. 10 , In his decision on Plaintiff's appeal to him from the Initial Review Decision on this Grievance, Defendant Supt. Cameron, stated, "According to the DC-ADM 815, 2.B.1, Items available in the Commissary cannot be purchased as an outside purchase, Outside purchases to purchase other brands or styles of products that are offered for sale in the Commissary will not be permitted." Plaintiff, however, submits that this Policy and the ;' actions of Defendants Sutton and Cameron are unconstitutional, as such violates his U.S. Constitut.ional Rights of Freedom of Speech/Choice and access to the courts under the lrst Amendment and denies him due process of law under the 14th Amendment and illegally creates a monolopy on purchase of items sold in the prison Commissary only from the Prison Commissary in violation of the Federal RICO Law. COUNT EIGHT-FAILURE TO FOLLOW PRISON POLICY '. Once again for the umpteenth time, on January 21, 2008, Inmate Perry Davis, in FB7 Cell was in his cell loudly talking to himself after midnight and this kept me awake for approximately 3 hours and the 10-6 Shift Officer(s) who were working F-Block, B-Floor did as they usually do about this problem, which is absolutely nothing. 7!2. Then on January 23, 2008, Plaintiff was softly talking to his neighbor accross the hallway from him for about 20 seconds when the 10-6 Shift officer was making his first round and he yelled at this Plaintiff and his neighbor to be quiet, however, he does nothing when Inmate Perry Davis loudly talks to himself for hours on end late at night and disrupts the entire B-Floor. 7$. This is treating this Plaintiff different than other inmates who are repeatedly way louder than he was and for a way longer period of time and such violates the 14th Amendment and denies Plaintiff his rights to equal treatment/protection of the law. _.j f Housing Unit Rule No. 4 of Section X.C of p. 48 of the 2005 Edition of the Pa. Dept. of Corrections Inmate Handbook clearly states, "Talking after lights out is not allowed".; and lights out are at approximately 9:10 P.M. each night here. The 10-6 Shift F-Block, B-Floor Officer(s) do not enforce and adhere to this policy and constantly let certain inmates, like Perry violate this policy repeatedly or they enforce such policy against only certain inmates like this Plaintiff. 11 7` That, Defendant Michelle Houser, F-Block/Special Needs Unit Unit Manager was fully aware of the above-problems, as Plaintiff personally wrote and verbally told her about such on numerous occasions and she had the authority and duty to correct such and order the 10-6 Shift Officers to enforce this Rule, however, she deliberately failed and refused to do so. 7JV, Likewise Defendant Supt. Cameron was fully aware of this violation, as Plaintiff personally told him about such in his appeal on the grievance he filed about such and he had the authority and duty to order the officers and Defendant Houser to enforce this rule, however, he dellberately failed & refused to do so. 7$. The Acts, Actions & Conduct of Defendants Houser & CAmeron in refusing to enforce this "No Talking After Lights Out" Rule and in allowing the 10-6 Shift Officers to treat this Plaintiff differently than other inmates here denied Plaintiff equal protection /treatment of the law, violated Prison Policy and Plaintiff's Rights to expect Prison officials to follow Prison Policy in violation of thg 5th and 14th Amendments of the U.S. Constitution. The Pa. DOC Inmate Handbook, the SCI-Cresson Inmate Handbook Supplement and the F Housing Unit Rules (issued by Defendant Houser) all state "Inmates are not to loiter in the hallways/tiers," however, there is an ongoing problem here in F-Block/Special Needs Vh!Uwi€h the F-Block/SNU Officers not doing anything about F-Block Inmates on B-Floor violating such rules by hanging out in the B-Floor Hallway after major line movements & loudly talking in front of Plaintiff's cell & disturbing him when he is reading, doing his legal work, Bible Studies or watching TV and some inmate is acting like a 2 yr. old & ripping up papers & throwing such through the mail slot on Plaintiff's cell door & all over his cell floor and this would notbe occurring if the F-Block officers were watching the Block and making inmates go to their cells or stay in their cells instead of sitting in the office or in the Counselor's or Unit Manager's office talking with each other and/or with the Counselor and/or Unit Manager. Defendant Michelle Houser, SNU Unit Manager, in her Initial Review Decision on the Grievance which this Plaintiff filed about this, stated, "While inmates attempt to loiter, the F Unit officers enforce the rules by monitoring the walk, vestibule, and hallway and directing inmates to return to their cells. However, not only is this a lie,but it is also funnier thanone of Bob Hope's jokes, as inmates do not attempt to loiter,they "do" loiter and the officers are too busy sitting on their butts in the 12 B-Floor Office or the Counselor's or Unit Manager's Office gabbing with each other or with the Counselor and/or Unit Manager to monitor the walk, vestibule and hallway. ?. Defendant Michelle Houser,SNU Unit Manager, in her Inktial Review Decision on this Grievance which Plaintiff filed on this, also stated, "It seems that you are annoyed that normal operations on the unit disrupt your activities." However, nothing could be further from the truth as PIairitiff is upset that rules are being broken and inmates are allowed to loiter in the hallway and disrupt not only him,but the Unit, after normal operations on the unit have concluded simply because officers are too busy sitting on their butts talking to do their job and enforce policy. ., That the Officers in F-Block will yell at this Plaintiff to be quiet if he is talking too loud, but on the other hand let the other F-Block/SNU Inmates yell and disrupt the floor & will not tell them to be quiet at all & this amounts to a violation of Plaintiff's Rights and the Law under the Fourteenth Amendment of the U.S. Constitution and Article 1, §26 of the Pa. Constitution. That both Defendants Houser & Cameron were fully aware of the above-problems, as this Plaintit= personally aavised them of such, both verbally & in writing on his grievance & grievance appeal on such and they both had the authority and the duty to order the F-Block, B-Floor officers to do their jobs and enforce policy and quit letting inmates loiter in the hallway on F-Block, B-Floor and to quit treating the Plaintiff differently than the other F-Block Inmates, but both Defendants Houser & Cameron deliberately failed & refused to do so & that violated Plaintiff's Rlyhts & the Lc'•:w under the 5th & 14th Amendments of the U.S. Constitution to expect Prison Staff to follow & enforce Prkson olicy and to not treat Plaintiff differently than the other SNU Inmates. COUNT NINE-DELIBERATE INDIFFERENCE TO PHYSICAL SAFETY Despite the facts that this Plaintiff had sent several Inmate Request Slips & written to Defendant Cameron and also to Former SCI-Cresson Supt. Mark A. Krysevig about such and that they had both promised him in writing that they were going to have the Potholes/Cracks & Crevices in the walk/road in this prison fixed, such has not been done here yet and Mr.Krysevig and Defendant Cameron lied to this Plaintiff. 13 These Potholes,Cracks & crevices in the walk/road here are w a health & safety hazard as both inmates & staff can trip or step in such & could fall & break a leg or ankle or otherwise get seriously hurt in such.. That, earlier in 2008, this Plaintiff had already tripped in that crack/crevice over by the gate at the end of the ISB walk by the Dining Room & fell & it was only by the grace of God that he was not seriously hurt. `. In the Initial Review Decision on the Grievance that this -07 Plaintiff had filed on this problem, the Grievance Officer Dave Fultz, states, "We have asked for funds in the budget to repair/replace these areas to prevent injury to both inmates and staff." 0 However, this Prison has the money now to tear up the hallway floor in the Education Department, so Plaintiff questions why do they not have the money to repair the walk/road to prevent injury to both inmates and staff, which is more important and when the budget was passed months ago. That, Defendant Supt. Cameron was fully aware of this problem as I personally wrote to him about such and he answered Plaintiff's grievance appeal on such and he had the authority and the duty to have such problem fixed, but he failed to do so & by his failure to order these potholes/cracks & crevices fixed as he promised this Plaintiff he was going to do, he showed a deliberate indifference not only to this Plaintiff's health, well-being and physical safety, but to the health, well-being and physical safety of other inmates & staff here in violation of the 8th & 14th Amendments of the U.S. Constitution and Article 1, §13 of the Pa. Constitution. . This also places the Plaintiff in imminent danger of serious physical harm/injury in that at any time he could step in one of these potholes/cracks/crevices on the walk/road here and get seriously hurt/injured as a direct result. COUNT TEN-DELIBERATE INDIFFERENCE TO PHYSICAL SAFETY Defendant Brad McDermott, Corrections Food Service Manager, and the Prison Kitchen Staff do not always have the rubber mats put down on the floor in the Inmate Dining Halls/Kitchen when it is wet out and as a result the floors therein becomes really slippery from inmates tracking water into the Dining Halls and somebody is going to slip & fall & get really seriously hurt as a result and this is an accident just waiting to happen. 14 'o Putting the rubber mats down on the floors of the Dining Halls gives this Plaintiff and other inmates something to walk on going through Mainline to get a tray and such prevents slip & fall accidents and therefore such mats should be required to be put don on the floors every time it rains and/or snows or is wet out as a matter of safety procedure. ,qQ. Also, if something s) get spilled out on the Dining Room Floors it does not get cleaned up always, thereby creating a slippery floor on which this Plaintiff could slip & fall & get seriously hurt. 1 &:14 Although Defendant Deputy Supt. Jamey P. Luther, in her nitial Review Decision on the grievance that Plaintiff filed on this problem, stated, "I will instruct Mr. McDermott to have the Kitchen Staff monitor that the floors are being tended to when wet weather occurs"; this has not happened and is not being done here because every day it has rained since then that this Plaintiff has gone into the dining rooms here at Mainline, the Dining Room Floors have been a webt mess and very slippery and such mats were not down and such floors were not cleaned up even though this Plaintiff had repeatedly told the officers about such and several times Plaintiff has already slipped & almost fallen and that therefore Defendant McDermott has failed to comply with Defendant Deputy Luther's Order to him. That.since Defendant Deputy Supt. Luther rendered her decision on my grievance on this problem, this Plaintiff has written & sent her two (2) Inmate Requests, advising her therein such that this is still a problem as Defendant McDermott and the Kitchen Staff have failed to see to it that the Dining Hall Floors are kept cleaned up & dry & Defendant Luther has deliberately failed and refused to enforce her prior decision on Plaintiff's grievance on this or to do anything to correct this problem although she had/has the authority & duty to do so. That, Defendant Supt.Cameron was also aware of this problem with the Dining Hall Floors, as this Plaintiff personally wrote & told him about such in his grievance appeal to him about such and he had the authority & duty to correct such, but he deliberately failed & refused to do so. ?-_a< Defendants McDermott,Luther & Cameron have placed this plaintiff in imminent danger of serious physical harm/injury on both of these problems as stated above with the Dining Hall Floors,as when such are slippery and wet and do not get cleaned up, Plaintiff could 15 ?erGAn q'llnv c"ld -MereRr?e M'rl?qy7b ? alls/aa?a? q ? r? Camal??/A 4A)) b4)o;> _bl Agok?,;Jq we cr c.??Pa/cE 'Ptu r ,/a-i-9"? lawyers ?vP?ric?nd ? y?l qna? n?if? to mil such ic3*-5 ? me ?'s h ? f ay dn-ns -pa"oep Out, 01- N ave; leHeP)6*e /Jq ftq I Luwyehs G-vVd ?Ag dunned I r,-> t+ and w A Pn suc?)Q?^ 9P??d b a c k helve, i?,f ? mel rc='n sl? nFi?-?o f?-e i:?m C/> ? r?r?rf?A"ce. 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Aw>?lmeM-o?i4ie US.Ca?-gr?,?el ?t3op.4F,e ?n4y?i???rq Ox? when?,eyglld?oy ?CnvC+-ffie slr`?pe?y ca-kpi?s an Ahe DR) ,?3 N411 ?Ic?, q. h?l-Aj?? uF€n-H,e fdwPJ, ?k?sl00-)as DZFEndc}ril-s ?3,d bckPo?s>d Ff?2vllr? v?ol?d PIqa°nMI?-f Is ?M-s $ ia,lp- Laws v004 +he flr?.(?fofo),Of- (?'? t}I'{- I P_ rI 0-F ?S ?)v? P.2 i 0 ?' p I R h ?4tLqLv Und -or qv?a /P-(Y-ON 40,?M-er? ro?4e) a? w an (?Kf ?se?J ? y r?? mac `? j I i ?' i prc? Y I. [ ,.i nal??? fJcu? 9 qnd- JD7?jp?©no Phgpff)orl?y )o?t * di me on y (r)ejP-?qft(..s)fo A PnPn b O)`l- Ac-Oft }e .s S4c4s?q /Te C& D, -P6)°p l' f j c PIS r'rrrf I h wplf+t ems Q-, FTP rP,(I' f/? ?1 ?? q)1 c e cads ?? ? d? n C477 bj 'd P-Pk )AA A ff?ed fccl I f ?c q*r c -?e? and /c' LLO , , ??, ?{-, u1 ?e me ?? oil P?"sa? s qc ?fi Gr?C?t?- c? ? c I Cap ?-h r`? ?la? use E; -Pry ?- Ice s-?? Bch Ofb%Ly f4lap'T-ll -ky2oI O ht q`i? v?h ?.n die ?S C.sachor? rnq, /,-u envelopes/mail to be deducted from his prison account. 4. Defendants Sutton, Sliko, Prison Mail Inspectors,Cameron and their agents, employees, successors in interest and all other persons acting in concert and/or participation with them, to create a local policy requiring that the mailroom document the date on which they receive legal mail for mailing to the courts from Plaintiff or allowing Plaintiff to use Cash Slips for all Legal Mail to the Courts whether such mail weighs over one ounce or not; to allow Plaintiff to use his extra free state Postage Paid Envelopes to send out his mail once he uses up his allotment of envelopes so long as he attaches a cash slip authorizing money to be deducted from his Prison Account for the postage costs for such; to stop opening his legal mail from Government Officials, such as Pennsylvania Legislatures and to allow this Plaintiff to purchase/receive a dictionary from a Book Store, Book Distributor or Book Organization and to keep such in his cell. 5. Defendants Bopp and Hines from scheduling this Plaintiff for medical appointments when he has another call out already scheduled at or around the same time and from forcing this Plaintiff to stay at Medical when as soon as he arrives at Medical he informs the Officer and/or medical staff that he wishes to refuse the scheduled appointment/treatment and that he also refuses to sign his name on a refusal paper and that he may leave right away. 6. Defendant Cameron to order that the inmates who are to put the salt down on the walks/roads do so prior to Mainline for Breakfast and that they salt all of the walks/roads where inmates/staff must walk in winter weather. 7. Defendant Cameron order that all of the Potholes/Cracks and Crevices throughout this Prison on the walks/roads be fixed/filled in within sixty (60) days after receipt of this Court's Order. 8. Defendants Luther and McDermott see to it that the Kitchen Supervisors/Food Service Workers place rubber mats down on the dining room floors in both dining rooms prior to Mainline each & every time it rains, snows and/or is wet out and to immediately clean up any and all spills/messes on the dining room floors in both dining rooms as soon as they occur so that inmates and staff do not slip and fall and get hurt. C. Award Compensatory Damages in the ammount of $10,000.00 from all Defendants & each of them, jointly & severally to Plaintiff Jae. D. Award Punitive Damages in the amount of $20,000.00 from all Defendants to Plaintiff Jae. E C-q E. All Court and Other Costs of this Suit. F. All Plaintiff's Attorney's Fees & Costs (if any). G. An Order striking down, as unconstitutional, the Prison. Policy which prohibits Plaintiff from usuing his free Postage Paid State Envelopes with a cash slip attached to pay for postage once he has used up his free (10)ten envelopes for the month to send out his legal mail and the policy which prohibits Plaintiff from purchasing/receiving a Dictionary from a Book Store, Book Distributor or a Book Organization. H. An Order requiring Defendants Sutton, Sliko & Cameron to develope a local procedure/policy for the Prison Mailroom to document the date they received legal mail from an inmate to be sent to the Courts or which allows Plaintiff to use a Prison Cash Slip for legal mail even if such legal mail/envelope weighs less than one ounce. I. An Order requiring Defendants Hines & Bopp not to schedule this Plaintiff for medical appointments when he has another call out already scheduled at or around the same time and not to force this Plaintiff to stay at Medical when as soon as he arrives at Medical he informs the Officer and/or Medical Staff that he wishes to refuse the scheduled appointment/treatment and that he also refuses to sign his name on a refusal paper and that he may leave right away then. J. An Order requiring Defendants Luther and McDermott to see to it that rubber mats are put down on the dining room floors in both dining rooms whenever it rains, snows and/or is wet out prior to Mainline being called and that any & all spills/messes on the Dining Hall Floors are cleaned up immediately as soon as they occur. K. An Order requiring Defendant Cameron to see to it that all of the Potholes, Cracks & Crevices in the Prison Walks/Roads are filled in./fixed within 60 days of the Court's Order and that the inmates who are to put the salt down on the walks/roads here do so prior to Mainline for Breakfast being called and that they salt all of the walks/roads throughout the Prison where inmates/staff must walk in winter weather when there is ice on the walks/roads. qn4- - H -,-/?,es -i-o -=,M off- rf-v, be, ?rad cr?/)o cC? `? hf n a?c? fib ?f?C- , 1-19, hW 0jf-VeP-9-Y A I'& n?r d. f71'?z2o/a +d Fe?l???h5? Plq Fe ?? ? ?- +o his -Pp`knas fn Socle??o orv?l qo -r-, p 5Po? _ d,q fin or'deD (evfr IFT Dz4??,o n dan ? e,,P, q r d his f? +0 +q rn y ci r) KIZDO 4:? qrp ao ?be c-q)1 a-+ 7&ar -C->-UCA q?d C a pre h ?r dg Qn cl 1 Cn--O,/Perxlff-P ccv G I Cs `f `'f (?J) kQCGPd? Cef-e P boA?2 OF R3E ?h C y r - jtvo /t / ) r;?p ccF4 Co4ep 6*Ps a f)j at RrjNock-ef c-?Q 4-e Pzp-e N-/v, Q x C (c) 14S 26? By ? ?ur?o? X11 Ten)-ecl IT'r?i??bl? ex Ny? Herein, ? Luc h Dtfie? end pe? AaUD FLM N P vRrWR Sfl4'?'?ff NAUGN?'q ilz d? dare and en ?'??J of ???? y fhor? -dip pbolle $N1D NES?/?}LL E9/tp Pq4?o ?f:Ecm FUZL?SC)BaD; f D? BIDX say 1609 coo/ P 1 di>n4- PP aoJ Ro S'e Cwfne) 6ed o nA SLtvn To 54* Ne ? a : 2q JFUL V 2 00 9 S?bsc r ? ? 79 fM+?4 H)L ly?- m +WIG day d ly?Z 0 017 ?,,.? "x?• a ?,? In Or ir ?f Fq qs ?P ?..? ?crl?__?xha?s4eta (cr Rgsorf?n?l?l ?o ful? ?'l,aua? IxrE--waS fftf6v?n?ed h?avgil?e gdmpn?al-fie I?,r??m a? 1 ?s?u?clgYr?Pa?!;ed JerW . rt( r`r. L1 i?tiU y' -Jt+ .y a ?=' J J 1ti i Yf sv`j?"{? i w..... ...wriw«A+rx"*?+A/I?rt1Y1?T'.<e+ ? •. ++... .. rUA CI I L?t'aty JOHN RICHARD JAE, ? Plaintiff, Vs. No. 09- -7c,-51 Defendante. e t ORDF..R TO 5z?OW CAUSE AND TFNPORARY RESTRAINING ORPFR Upon to supporting declaration of the RlaintifF and t1e ac : e-t-anying mer"orandum of low, it is MERV that Defendants Cameron, Luther, Pines Borp,riamand i?I1AlClsec ?, t^cDermott, gliko, Sutton, f"tison Mai i Inspectorx A 14,11user Bho, cruse in f:oaa? of the on the day of , 2009, rt - O'Clock, Vhy a preliminary injunction should not issue pursuant to Pule: 65(e), Fad. '7. Civ. F., directing the said drftnda, ti, their agents, s plovers, aua;:*ssors in interest and ell .t-ier #rsocs acting it concert and partici j etiort pith thean, to allot. Tlaint3 f f to use his extra frae state postage r. aa; t1 envelopes to s4n3 *ut his mail 3o long as he attaches cash slip to such niitho izing the .nonoy for t*-te postage for such to be deducted U-o:n his r.iaon account, to purchase or receive a diction.,iry from a hook itore, yq.a : itstrtbutor or book organization an( to keep. such t"I h$ .g cell; nat to open his lsagal :nail from ?overnmen t/public official a outs-tde of his presence- to create a polic:?r`? rocedure dire: tin,; the mailroom here to document the date that t??ey receive outgolnR mail from art nuste to be sent to the courts or t,,) create a policy :allowing, inmates to use cash slips for oil of txoi.nat ma" I to the courtr,, whether such nail/envelopes weigh over one ounen or not; not to giver any madicat±on(s) to plaintiff unions ru,-h contain warning labels on such detailing, the possible sine effects, ?Iru~ interactions and adverse symptoms of all such medications or unless plaintiff is given handouts/information first detaailinv such; not to an.hedule plaintiff for medical appointments when he iaas another tall out already schaduled at or around the same time & that is grey not force plaintiff to stay at medical hers! when as soon 3!3 'he arrives at sseedicaal he informs the officer anal/or medical Staff that he 413hes to refuse the scheduled medic-al appointment/treatment and thaw. lie also refusas to sign la:s nmme an ra refusal paper and that he 1 may then leave right away; to Place the ru hber mats down on the • ? alining hall Eloorc, in both dining coons pr .or in Mainline being called each and every time it rains, snows and/or is wet out and that any and all spills on the dining hall floors are promptly cleaned up as soon as they occur; to repair/fill in all of the Potholes, Cracks and Crevices in the Prison WETk/lfoadr here within (60) sixty days after receipt of the Court's Order; to one to it that all of the walks/roads in the prison here are s*lted pvlor to Mainline for Breakfast whenever there is ice on the ground in the wltrter turn; to sea to it that all prison policies/rules aero fnl.Znard/enforcee by F-%Iock Officers and all other staff here, Intiveing Afeneants and to sea to it that F-Flock Officers do not treat plsintiff differently than other F-Block inmates who are similarly situated. 11 IS FATHER 01VIRED that effective immediately and nanding the heacing and deter; Inytion of this order to show ca?a!re,d•ei4.?:lams Cameronp Luther, Hines, bopp, Diamond Pharmacy. McPermot,t, Kim$ sutton, ??son Mail Inspectors and mouser sree reeouired to allow ''laiatiff to use his extra free state postage paid envel.orov to) tend out his mail so long as he attydees cash slips to : n, ruthorizing the money for the postage for such to be eod"eteed from his prison account, to purchase or receive ar dictionary from book stare, book distributor or book: organization and tc koe r sv:h, i" his cell; not to open his legal snail from government/public offic:ial& autaidee of his presence; to create a policy/pooceedure diva; sting the mailroom here to document the date that they receive outgoing mail from an inmaWto be sent to the courts cr to crovul a policy allowing inmates to use cash slips for all outs.>,elpy poll is tie aourts Wther such mail/envelopes weigh over ono ounce or zloty not to give any modieotion(s) to plaintlsf Me:: =wzh contain warning labels on such detaailint the popsihle side, effF,t vy, Orup, interactions and adverse symptoms of all such madicatiorv or unlear plaintiff is given handouts/information first detA lli r.?. to schedule plaintiff for medical. a ., n h; not PPoi.n.+r?er s wa-ten to hns nrics;h:er call out already scheduled at or around the same time & thn they not force plaintiff to stay at werlir..al here when as soan an he arrives at medical he informs the officer raced/or tcre.aicrt steff th he wishes to refuse too scheduled medical a cnt at that ne also refuses to Q0 his ttie,e on s refusal and may leave right away; tQ ..h paper and that he plac* the rubber mats d6wn on the dining hall 2 floors in both dining rooms prior to Mainline being galled each H - and every time it rains, snowfz an4 /oc Is wets out and that any and all spills on the dining hall floors are promptly eleanod up as soon as they occur; to r*ooir/fill in all of the Potholers Crsek4 and Crevice: in the Prison Walk/Roads here within (60) Sixty days after receipt of the Court's Order; to see tez :hat all of the j,VAUcs1rosds in the prison here are salted prior to Mainline for nro N':.f -rs t rhonever there is ice on the ground in the winter ttme; to tt?e it that all prison policies/rules are followed/enforce by F-Flock Officars and all other staff here, ineludine• defendants find to see to It that F-dock Officers do not treat plaintiff differently t` an other F-Block Inm+aters who area nrimilar.ly :i i.ttsated#.. V TS FVMVM O nERED *hA* Im s order, -to Shoff, Gqusie7 -tre ca!aptgTnfi and q11 o`ther^ Pwr-S eimampgoytn -if)-s gppl re are l I _h?p, aorved oln *A0h d0ftnd qnd on tken Pimj$nf-F11F n herein *hft nq +rah by gruff ihol--the - 3hGr F6 hereby drr end *0 effeetty0ftV IS cte dm<MOVt- F1VPqYVW-71-kY • vVNECaRT im LJ+ ? P 0,F ?I ?? Cf Z t cwt- ?? JOHN RICHARD JAE s • Plaintiffs Va. No. p9- 7L 1 Defendants. w MOTION FOR A TEMPORARY RRSTRAINING ORDER AND/OR AN 0XPED1T8V PRSL1 MARY INJUNCTION Plaintiff and Pro Se Counsel John Richard Jae now moves this Court for an order granting hiss a 'temporary Restraining order And/Or An Expedited Preliminary injunction pursuant to Fed. R. Ci•.P. 65(6)s Direct'nq 1. Defendants Doug sopps C;JCAs and Diamond Pharmacy to put warning labels on his Pill Packs prior: to dispensing them to hies detailing the possible aide effQctso drug interactions s adverse symptoms of such medications or that De-rndant Kopp shall provide the Plaintiff with handouts/information in writing detailing such ,aide effects, drug interactions and adverse symptoms for each of Plaintiff's medications which he currently takes or may take late on. 2. Defendants Sutton* Sliko, Prison Mail Inspectors ameron and their employeess agentaa4uccessors in interest and all other persons acFtinq in concert and participation with theca, to create a local policy requiring that the maiilroom document the date on which they receive legal mail for mailing to the court :from Plaintiff or allowing plaintiff to use Caah Slips for all legal Mail to the Courts whether such assail weighs over one ounce or not, to allow Plaintiff to use his extra free State Postage Paid Envelopes to :rend out his mail once he uses up his allotment of envelopes so long ass he attaches a Cash :flip authoriaaing,v,?oney to be deducted from his Prison account for the Postage Costs for such; to stop opening his legal mail from Government Officials, such as Pennsylvania State Legfsoators;an to allow this Plaintiff to purchaseVreceive a dictionary a Book Store, Book Distributor or Book Organisation & to keep such In his cell= 3. Defendants Doug Bopp and Diamond PharmaeY not to dispense any medication(s) to this Plaintiff that does net have any warning labels on it detailing the possible side effects, drug interaction-la this Plaintiff adverse symptoms of all such medication(s) prescribed or which requires defendant Doug Bopp to provide this Plaintiff with 1 . written handouts or information detailing all of the possible side effects, drug interactions and adverse symptoms of each & every medical and Psychotropie medication which this Plaintiff currently takes and/or will take in the future while incarcerated in State Prison. 4. Defends Bopp and Hines from scheduling this Plaintiff for medical appointments when he has another call out already scheduled at or around the same time and from forcing this Plaintiff to stay at Medical when as soon as he arrives at Medical he informs the Officer and/or medical staff that he wishes to refuse the scheduled appointment/treatment and that he also refuses to sign his name on a refusal Daper and that he may leave right away. 5. Defendant Cameron to order that the inmates who are to put the salt rltp?h on the walk/road do so prior to Mainline for Breakfast and that they salt all of the walks/roads where inmates/staff must walk in wl r. weather. S. Defendant Cameron to order that 11 of the Potholes/Cracks and Crevices throughout this Prison on the walk/road be fixed/filled in within sixty (60) days after receipt of this Court's Order. 7. Defendants Luther and McDermott to see to it that the Kitchen Supervisors, Food Service Workers place rubber mats down on • the dining room floors in both dining rooms prior to Mainline each & every time it rains and or snows or is wet out and to immediately clear: up eny and all spills/messes on the dining room -P/'oors in both dining roams as soon as they occur so that inmates and staff do not :slip and fall and get hurt. (W)HEREFORE, Plaintiff John Richard Jae Prays that this Court will grant this Motion in full and issue the rquested TRO/PI in this case: AWD HE SHALL FvFR PRAY : RESPE FULLY SUB ITT (s} #BQ-3219 Dated:- Qf)d t?M,? 2009: SCI-Cresson/SNU P.O. Box. A Cresson, PA. 16699-0001 Plaintiff and Pro Se Counsel r] 2 OF ALED-s;; FCE y ARY 2009 NOY --5 p 2: 3oe A -ZNQY& C?o? R4VAS OP • P'!gl'n}ticfPr e VS. 09-'76-0 MMV 1i. brafesade ? 0 MgPn04W 381M lti4wr4 Jim, 6 duty sawn, dealair x W40ree ?kl' Y aV Nr)r I am the Platutiff and Pro Se Counsel in this ease, x make this declaration in support of my motion for ar tom"rary restraining order and/ear an ea diced preliminary injunction to evoure that Defendants do not -%gain cause my appeols/cases to be dismissed rye untimely filedl to ensure that Defendants den not again open my legal mail from government officials outside of my prts*ncol to ensure that I am allowed to user: ray ours freeze state: postage paid envelopes to se" out my mail so too! as I attach Cash Slips to much authorizing the money for the postage for such to be deducted from my prison account & to ensure that I an allowed to phase or receive a dictionary from a book *ter*, Rook Distributor or Mok Organization to keep such in my step= to ensure that medication(s) art not given to me unless such medication(s) hover on than a warning label detmiling the possible sides effects, drug interaatlovee and adverse symptoms of all such medication(s) or that I an first given handout 9/in formation detailing such; to ensure that Defendants &Vp & gimp do not schedul* me for medical appointments when I have another call out already scheduled at or around the Mamie time & that I not forced to stay at medical here when as soon as I arrives at Medical t inform the Officer and/err medical staff that I wish to rofueee the scheduled medical appointmeent/trostmont and that I also refuse to sign my nane on a refusal paper acrd that I aright then leave right owaytto ensure that the masts area placed deter on the Dt"i,ng Roll Floor* in both Dining Halls prior to Mainline being called each and erfry time it rains, sne UM and/or is wet out and that any and all spills on the Fining Full Floors are promptly erleanod up as *oo a,-A# they occurs to ensure that -the p?holeetrGkgcks * C"vts" ru +ho, Pr ru *glk/raW here are poly f ' ? t' e?/Kf' lled Sri toe ctea they AM vjolwmgdk in the person ace, sa1#ad p?rfor to nq falbw for isr"k - r,?vR1r fps to* on t 9 in -Owe vfrr timwo k 2- e4 a forth fm fI fey Ibe lq ft bra Cosa, 1: iwve besR UftQ"trtA*fO"IIY 44814d W# r ft9s? d fiwatse l dept Re s t tae three ?'!! 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Z W" 'to rep 6w t4e sign one mot w l F ' a04 t?- ?fgh? l?av rgi aafa,Y? ?a fIct ce 99P, r (bb' ff4-S Javn M-k nfP3 rcom gates f/7 d ?n?ngf6oms Prlt`' mA1?? beTtgg c.Ailra e ach an a -ovzgl\ ?n aV Gt0d lob' ?s `- and any qpxj q)) s I,LS an -the inrn9 " -?)od's afe c )ecrptd up CIs ?v? qg Z y ccwPr i-o t)q>a P/-ff// ff) L? /1 of b ie f :--o eSl cf4cA:o ? C/?vpNs-7 ;'; &Y--o fj` 90n WaI k f Ropad hem cv?A ?n Co days apEp rp+oF 4e C6Vf- s (3()46?p -&o qe?e Y,-o r t-?a-? oil) o-F -Me c4)0l1ksfr>ga in s PPrgV h0 q qkd fr'a a?nfffie $r,,?{ Fcrs?-?vh?n ?s?c? 0,9-M-e %Dnd rn i-4 wfh+Te('? `fin q i ? ri n d fqn+ fi) PAOP Sq pA Nau Caps uq(rt to 2 g U ?e c• ?/ r7 1 I I4 u 1 e " 1 O?/ l /LC lUl l? U?a?fa??l o? r)9 ?Ccprec?o -t*e b D? my kY? le d_ge? ?n rno? ? Gj?d be1 it'N S?bscra rind S(,q?n LeFe Me q e? Woicrcn h?sT day o-' ,RA PUBLIC S? BOUNTY /`1 v < , X'. i 23 2013 MATTHEW J. KESSELER, NOTARY PUBLIC CRESSON TOWNSHIP, CAMBRIA COUNTY 0 P0'So1? C of)? • I?? -boa/ P 1??+ arrJ c vow 1 2094 NOD -5 PH 2: 36 C'.;# lcf? E' THE COURT OF -?C?O? COMMON PLEAS OF ,?P7{E?1?I SILVA?? LV MIL i T7???7IO ? DW ,t (Plaintiff) Vs (Defendant{ NO. 01' 7&r/ ORDER OF COURT AND NOW, to-wit, this day of t upon. consideration of the foregoing Petition, it is hereby ORDERED, ADJUDGEL and DECREED that the petitioner be and hereby is permitted to file and pursue his ?. Action in the above-captioned case without payment of costs or fees. BY THE COURT r H 2,.,' f 91-i!A 12 ii 'i u` f;: o' - &1-3? rr,.,CC4- 4ojj?L-Cf,- t L ?. i;j _5 r i. n,- u JOHN RICHARD JAE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DR. JEFFREY A. BEARD, NO. 2009 - 7651 CIVIL TERM Ph.D., et al ORDER OF COURT AND NOW, this 12TH day of NOVEMBER, 2009, the Plaintiff s "Motion for a Temporary Restraining order and/or an Expedited Preliminary Injunction" is DENIED. e .0 Edward E. Guido, J. Mr. J #BQ- SCI - P.O. Cress :sld ohn R. Jae 3219 Cresson/SNU Box A on, Pa. 16699-0001 (20 Lf-CL it [7 F AW&TW NOV 1-7 AM 0. 21 ,'N rPH & (cv fRT o F C, Xnrn(T) n s o Ct)M?LON ID 01) Ntt)('V JOHN RICHARD JAE, Plaintiff, Vs. * Defendants. •k PROOF OF SERVICE '14 s r No. 19j. I, JOHN RICHARD JAE, Plaintiff, hereby verifies that I tam this day serving. a true and correct copy of the within !U-?{_IC D I WMI N1 flrftP_9?111N J;on' t' re eisoM"isted•ie_?o qMq G'?Q? Service by U.s. First-Class Mail, Postage Prepaid, at SCI-Cresson, P.O. BOX A, Cresson, PA. 16699-0001 and addressed as follows: C h` ua?nS CV, ? rn ? ?'?Ag_ 1'>a11 I also Verify that on this day I served the original of the above-same document upon the Prothonotary's Office of this Court for filing in this case: I Verify under penalty of perjury and pursuant to 18 Pa.C.S. §4904, that the above is true and correct: Dated/Executed On: 'j ? h)b?rf?tW 200q: ATE Cresson, Pennsylvania: (s) 'MR. JOHN RICHARD``JAE #BQ-3219 SCI-Cresson/SNU P.O. BOX A Cresson, PA. 16699-0001 Plain C1nd fk, _(:i2 G ? 7 7 of ; u Fw? 1 2 No v 2009 ?y .. L-N ?TW GCIIKti'OF CQq fVN FL?S OF CumpEs?C.wb comp ?, mANc1tftmy9 7G 3A?- fro A ? JA,?+; t CIVIL D-VISTON CASE ZI-i.?SB Z R : 01 X'c vs. .. ... rr. -. OF L.r CST-? « 01 f / C i r J "ICr1I:?i. Defi? aa_ tv? FILED ON Bc ..LF O:: i nTn Ln n • _Jae, P 1 ajn t i f J9:?14 N ?r--R-??z? D anc3 Pro SP Counsel. Naze eL party - Ir_dicate Plaintiff cr Defe.:lca t 17A'-i'Z, ADDRESS AND C2 CcUr-ce.1 of Recoz'd 7-r- Lvidual, s= MR. JOHN RICHARD JAE _-#BO-3219 --S c- 1 -E-?es,s P-0- BOX A _ `_ I Ga'r c?. Ow evs? a -e W nM1eh R op yr -Fri to &Fq? ? rl)?- _ E:?XpQd4e6 FZ11 p q_ _ G r r c r oho'_' -enro 0 u c yen ?,jr4) flo Max S-1 -a) F F ??_ 'k cfill'o. cr?q P?4c?,e) I V. 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' 1 G ~~ d3~~ L~Np CC~~~ ~IUIt~Lvl~ N ~ c9- JOHN RICHARD JAE, Plaintiff, Vs. * ,moo ~~~~ ~b ~A~J-a~`~~ * Defendants. k PROOF OF SERVICE No . a q -~ ~~1 ~. I, JOHN RICHARD JAE, Plaintiff, hereby verifies that I am this day servin ~ ~tr e and correct copy of the within ~'~l~~d/~ R~.Ca-~;1 d ~-~or~-~` f'/gi'n~--,~~°.s (~cr{--~~ ~''~ c~r,~c~ ~x~sed~ ~~ upon the person listed below: Service by U.s. First-Class Mail, Postage Prepaid, at SCI-Cresson, P.0. BOX A, Cresson, PA. 16699-0001 and addressed as follows: ~ .~~ Ca~~~~ ~ c~ ~ ~.~~1~9~ f'7~I, I also Verify tha on this day I served the Original of the above-same document upon the Prothonotary's Office of this Court for filing in this case: I Verify ur;der penalty of perjury and pursuant to 18 Pa.C.S. §4904, that the above is true and correct: Dated/Executed On: N~C~~ 2009 ATE Cresson, Pennsylvania: (s) M JOHN RIC ARD J E #BQ-3219 SCI-Cresson/SNU P.O. BOX A Cresson, PA. 16699-0001 ~~~i~f~~~~~~ (~1~.~=' '~ '(~~ i J:. s' ~, ~, r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN JAE, Plaintiff, v. JEFFREY A. BEARD, et al. Defendants ~ c N ~'- ~_ ~' "?~~ ~ b ~ ~ -n ' .. .r 09-7651 -' `~-~` No "' ~ c; . ~. ~ -. -v ~: -. Judge Guido ~ ~ ~ ~' ~ ~ RESPONSE TO PLAINTIFF'S REPLY TO CORRECTIONS DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S "MOTION FOR ORDER COMPELLING DEFENDANTS TO PERMIT WITNESSES FOR THE PLAINTIFF AT THE FEBRUARY 25, 2010, HEARING" NOW, comes Maria G. Macus-Bryan, Assistant Counsel for Corrections Defendants, Kenneth Cameron, et al., and files this Response to John Jae's Reply to Corrections Defendants' Response in Opposition to Plaintiff's "Motion for Order Compelling Defendants to Permit Witnesses for the Plaintiff at the February 25, 2010 Hearing," and in support thereof states: 1. On February 5, 2010, the undersigned counsel received a copy of John Jae's Reply to the Corrections Defendants' Response in Opposition to Plaintiff's "Motion for Order Compelling Defendants to Permit Witnesses for the Plaintiff at the February 25, 2010 Hearing" (hereinafter, "Reply") 2. Jae alleges that that the inmates whom he is requesting to have testify at the February 25, 2010 hearing (Maurice Myers, Michael Johnson, Casey Pelton, and Edward Kempton) are general population inmates whose testimony would pose no security concern. See Reply, ¶ 10. 3. Upon further investigation and consultation with SCI-Cresson, these inmates are in general population and are not in the Restricted. Housing Unit as of the date of this document. See Verification of Rebecca Reifer, attached hereto. 4. Provided that these inmates remain in general population as of February 25, 2010 and are not in the Restricted Housing Unit, the Corrections Defendants hereby withdraw their objection to these inmates' testimony based upon security concerns as contained in Paragraph 15 of the Corrections Defendants' Response in Opposition. Corrections Defendants maintain their objection to these inmates' testimony based upon relevance. See Corrections Defendants' Response in Opposition, ¶¶ 12-14. WHEREFORE, the Corrections Defendants respectfully request that this Honorable Court deny Plaintiff s Motion to Compel. 2 Respectfully Submitted, Office of General Counsel By: ~r~~~ Maria Macus-Bryan Assistant Counsel Attorney I.D. No. 90947 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, Pa 17011 {717) 731-0444 Fax: (717) 975-2217 mmacus-br~(a~state a us Dated: February 8, 2010 3 IN THE CCfURT QF C+DMMUN PLEAS CUMBERLAND CCiUNT'~, FENNSYLL'Ai`+IIA 3tJ~-~.N 3A.~, . .Plaintiff, . ~'- Na, 09-75.~ 1 JEFFR.E~' A. REARL~, et al. ,lud~,e t~udc L7efendants VERIFICATit?N I, Rebecca Keifer, hereby ~°erif}r that s of F~brczary 8 2Ol+D, ~Cl-Cresson inmates Maurice Myers, Michael Johnson, Casey Felton, and Ed~~fard kernpton are not housed in the Restricted Housing Unit. 1 understand that this t~~erificaton is rt~ade subject to the penalt'es and provisions of 18 Pa. C,S,A.~~'49fl4, re5at,in~ to unsworn falsification to authorities Date Rebecca Keifer - Correction~ Superintendent Assistant SCI-Cresson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN JAE, Plaintiff, ~• No. 09-7651 JEFFREY A. BEARD, et al. Judge Guido Defendants . CERTIFICATE OF SERVICE I hereby certify that I am depositing in the U.S. mail a true and correct copy of the Response to John Jae's Reply to Corrections Defendants' Response in Opposition to Plaintiff's "Motion for Order Compelling Defendants to Permit Witnesses for the Plaintiff at the February 25, 2010 Hearing" upon the person(s) in the manner indicated below: Service by first-class mail addressed as follows: John Richard Jae, BQ-3219 SCI-Cresson P.O. Box A Old Route 22 Cresson, PA 16699-0001 Alan Gold, Esquire 261 Old York Road Suite 526 Jenkintown, PA 19046 ~- No lle Morgan Clerk Typist II Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: February 8, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA n c` ; ^~ w } . . ~ ~~ JOHN JAE, ~=. = ~;' ,-. -~ ~-; _~ , _ --; Q, ~jr== Plaintiff, = `~ ~ r~~ ~. - `; - ~= No. 09-7651 v -~ ~ --~ ~-- _>- E;;~ Jc, ~~`'' -: . • ~•; ~ JEFFREY A. BEARD, et al. Defendants . PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONTARY: Please enter my appearance as counsel on behalf of Corrections Defendants Kenneth Cameron, Jamey Luther, Douglas Bopp, David Jadlocki, Francis Pirozzola Bradley Mcdermott, Jean Sliko, James Sutton and Michelle Houser in the above-reference matter. By: Dated: February 19, 2010 Respectfully submitted, Off ce of Ger_eral Counsel ~. ~.. y.,~.,.. A sis ant Counsel Atto ey I.D. No. 90158 Pennsylvania Department of Corrections 5 5 Utley Drive Camp Hill, Pa 17011 (717) 731-0444 Fax: (717) 975-2217 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN JAE, Plaintiff, v. JEFFREY A. BEARD, et al. Defendants No. 09-7651 CERTIFICATE OF SERVICE I hereby certify that I am depositing in the U.S. mail a true and correct copy of the Praecipe for Entry of Appearance for service upon the following person(s) in the manner indicated below: Service by first-class mail addressed as follows: John Richard Jae, BQ-3219 SCI-Cresson P.O. Box A Old Route 22 Cresson, PA 16699-0001 ~~ ~' / G ~~ M E er Clerk Typist 2 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717)731-0444 Dated: February 19, 2010 JOHN RICHARD JAE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V S n ~ `;~ C~ . r_:~ NO. 2009-7651 CIVIL TERM c=;. ~„ ---i ~~, DR. JEFFREY A. BEARD, - ~ ~ ~~ Ph.D. , et al `~' -- -;fir-r, .~„ ~ - _~~ ;- c~ ORDER OF COURT •' ';~, AND NOW, this 25th day of February, 2010, after hearing from the parties in this matter, the case against all Defendants save Jeffrey A. Beard, Ph.d., Secretary of the Department, is dismissed as being identical to the case previously dismissed by the Court of Common Pleas of Cambria County On April 3rd, 2009, from which an appeal was filed but later was subsequently withdrawn The case against Defendant Jeffery Beard, Ph.D., is dismissed on the grounds that the allegations are such as should be brought before the Commonwealth Court pursuant to 42 Pa. C.S.A. § 761(a). we further find that this is abusive litigation as that term is defined under 42 Pa. C.S.A. § 6602(f) Plaintiff's In Forma Pauperis status is revoked. The Prothonotary is precluded from accepting any additional filings in this matter until an appropriate filing fee has been paid. Provided, however, that a notice of appeal may be accepted. We take no position~.with regard to whether or not the Commonwealth Court would require an appropriate filing fee. B Edward E. Guido, J. / John R. Jae BQ-3219 SCI-Cresson/SNU P.O. Box A Cresson, PA 16699-0001 /Maria G. Macus-Bryan, Esquire Office of General Counsel Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 :mlc ~~t~~v ~~ {~ ~ ~i+taf 218 ,~N Z I Ply 2= U5 C~F~u~f'~u P~3~s'"Yl1~IN(A Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ------------------------------------------------------------------------------------------------------------- AOPC 1231 Rev.06/18/2010 as - ~t~s l C~~1 IN THE COMMONWEALTH COURT OF PENNSYLVANIA John Richard Jae, Appellant v. Dr. Jeffrey A. Beard, Ph.D., . Kenneth R. Cameron, Superintendent, James P. Luther, Superintendent . Central Serv., Carol Hine, Program Manager, Doug Bopp, Health Care Administrator, David Jadlocki, Francis Pirozzola, Diamond Pharmacy, Brad McDermott, Jean A. Sliko, James Sutton, Prison Mail Inspectors and Michelle Haser, Unit Manager No. 578 C.D. 2010 PER CURIAM O R D E R Now, June 17, 2010, upon consideration of appellant's Motion for Remand to the Lower Court with Instructions to Immediately File an Opinion, and his Amended Motion for Order of Court Directing Appellees/Prison Officials to See to it that Appellant is Given Six Hours a Week in the RHU Mini Law Library, the motions are denied. Upon consideration of Appellant's Motion for Order of Court Permitting Limited Discovery on Appeal, the motion is denied. Certified from the Reco~f JUN 18 2010 And Order Exit JOHN RICHARD JAE IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. DR. JEFFREY A. BEARD, NO. 2009 - 7651 CIVIL TERM Ph.D., et al IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., July ~s , 2010 The plaintiff has filed this timely appeal from our order of February 25, 2010, which dismissed his suit against Secretary of Corrections Jeffrey Beard and others. He has raised eleven allegations of error. The last allegation of error contends that we abused our discretion in dismissing the action on jurisdictional grounds. The first seven involve our alleged error in dismissing the action under Section 6602 (f1 of the Prison Litigation Reform Act.l We will address these allegations of error in the opinion that follows.2 Dismissal of Complaint on Venue and Jurisdictional Grounds Plaintiff is an inmate housed at S.C.I. Cresson in Cambria County. On November 5, 2009, we granted his request to proceed in forma pauperis. With the filing fees waived, Plaintiff filed a civil rights action under 42 U.S.C. § 1983. The twenty six page complaint contained twelve counts. The first ten counts involve allegations against prison employees at Cresson for things like failing to advise him of all the side effects of the drugs he is taking such as aspirin and acetaminophen (count 2); failing to timely apply salt to icy sidewalks (count 4); failing to keep their promise to fix potholes in the ~ 42 Pa. C.S.A. § 6602 (f). z The remaining allegations of error involve our failure to grant various motions filed by the plaintiff. However our dismissal of the complaint rendered those motions moot. N0.2009 - 7651 CIVIL TERM roads and cracks in the sidewalks (count nine); and failing to place rubber mats on the dining hall floors when it is raining outside (count 10). The remaining counts allege causes of action against the Secretary of Corrections for his official actions and policies.3 Plaintiff conceded that the allegations in counts two through ten are identical to those in a complaint that previously had been dismissed by the Court of Common Pleas of Cambria County.4 He added additional counts against Dr. Beard in order to obtain venue in this county.5 However, the claims against Secretary Beard must be brought in the Commonwealth Court. See 42 Pa.C.S.A. § 761. Since we did not have jurisdiction of the claim against Secretary Beard, we dismissed the complaint as to him. Without Secretary Beard as a defendant, proper venue was in Cambria County. Therefore, we dismissed the remainder of the complaint.6 Dismissal under the Prison Litigation Reform Act On December 10, 2009 the defendants filed a motion to revoke plaintiffs in forma pauperis status. The defendant has had at least 15 prior actions dismissed pursuant to Section 6602 (e) of the Prison Litigation Reform Act. Section 6602 (f) of the Act provides in relevant part as follows: (f) Abusive litigation.-If the prisoner has previously filed prison conditions litigation and (1) three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2) ...the court may dismiss the action. The court shall not, however, dismiss a request for preliminary injunctive relief s Transcript of Proceedings, February 25, 2010, p. 18. Transcript of Proceedings, February 25, 2010, p. 6. s Transcript of Proceedings, February 25, 2010, pp. 12 - 14. 6 Since the Cambria County Court had already dismissed the identical complaint, it would have been a waste of time and resources to transfer the case to the appropriate venue. ' See Exhibits A - O attached to defendant's "Motion to Revoke Plaintiffs Informa Pauperis Status Pursuant to Section 6602 (fj of the Prison Litigation Reform Act." 2 ` N0.2009 - 7651 CIVIL TERM or a temporary restraining order which makes a credible allegation that the prisoner is in imminent danger of serious bodily injury. Despite the plaintiff's protestations to the contrary we were satisfied that there was no credible allegation that he was in "imminent danger of serious bodily injury."8 Therefore we dismissed the action. The plaintiff also raised several constitutional challenges to Section 6602 (f) (1) of the Act. However, those identical challenges were raised and decided against him in Jae v. Good, 946 A.2d 802 (Pa. Commonwealth 2008), allocatur denied 598 Pa.790, 959 A.2d 930 (2008), certiorari denied 129 S.Ct. 1042 (2009 ? ~s ~ ~ ~ _ DATE Edward E. Guido, J. 'John Richard Jae #BQ-3219 SCI-Cresson/SNU Cresson, Pa. 16699-0001 Maria G. Macus-Bryan, Esquire n c -r, ;-;. ~, c_ '-~ ~' 55 Utley Drive ~ f' `- Camp Hill, Pa. 17011 - ~ ld ~' ; T a . l" $ The existence of potholes, cracked sidewalks and wet kitchen floors may pose a danger but we are confident that the danger is not sufficiently imminent to survive a motion under 6602 (f). 3 CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: John Richard Jae Vs. Jeffrey A. Beard Et. al. 2009-7651 578 CD 2010 The documents comprising the record have been numbered from No.l to 298, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 7/26/2010 David .Buell, Prot notary Regina Lebo, Deputy An additional copy of this certificate is enclosed. Please Bien and date cony, thereby acknowledeine receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: (, David D. Buell ,Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein John Richard Jae Plaintiff, and Jeffrey A. Beard et. al En TESTIMONY WHEREOF, 1 have hereunto this ~~~.~ Defendant , as the same remains of record before the said Court at No. 09-7651 of Civil Term, A. D. 1.9 set my hand and affixed the seal of said Court day of Julv A. D., 2010 Prothonotary 1, Kevin A. Hesc President .}edge of the Ninth .ludicial District, composed of the County of Cumberland, do certify that David D. Buell by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and tly~t the said record, certificate and attestation are in due form of law and made by th~raper officer. President .tudge Commonwealth of Pennsylvania County of Cumberland ss. 1. David D. Buell ,Prothonotary of the Court of Common Pleas in and far the said County, do certify that the Honorable Kevin A_ Hess by wham the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court. of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. tN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this a~_ day of .1~ A. D. 2010 L Prathunotarv No. Term 19 09-7651 No. s~acDZOto Civil Term John Richard Jae Versus Jeffrey A. Beard et. al EXEMPLIFIED RECORD From Cumberland County Debt, $ {nt. from Costs Entered and Filed 19 Prothonotan~. Among the Records and Proceedings enrolled in the court of Common Plcas in and for the Cumherlanri county of to No 09-7651 578 CD 2010 in the Commonwealth of Pennsylvania Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY John Richard Jae V S. Jeffrey A. Beard, Kenneth R. Cameron, Jamey P. Luther, Carol Hine, Doug Bopp, David Jadlocki, Francis Pirozzola, Diamond Pharmacy, Brad McDermott, Jean A. Sliko, James Sutton, Prison Mail Inspectors, and Michelle Haser **SEE CERTIFIED COPY OF DOCKET ENTERIES** PY~~~511 Cumberland County Prothonotary~s Office Civil Case Print 2009-07651 JAE JOHN RICHARD (vs) BEARD JEFFREY A ET AL Page 1 Reference No..: Filed........: 11/05/2009 Case Tyyppe.....: COMPLAINT Time.........: 2:35 Judgmenb......: 00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: 578 CD 2010 Higher Crt 2.: ******************************************************************************** General Index Attorney Info JAE JOHN RICHARD STATE CORRECTIONAL INSTITUTION P O BOX A CRESSON PA 16699 BEARD JEFFREY A DEPARTMENT OF CORRECTIONS CAMP HILL PA fCAMERON KENNETH R SUPERINTENDENT SCI AT CRESSON CRESSON PA 16699 i LUTHER JAMEY P SUPERINTENDENT CENTRAL SERV CRESSON PA 16699 SHINE CAROL PROGRAM MANAGER SCI AT CRESSON CRESSON PA 16699 /BOPP DOUG HEALTH CARE ADMINISTRATOR SCI AT CRESSON CRESSON PA 16699 ~JADLOCKI DAVID SCI AT CRESSON CRESSON PA 16699 ~PIROZZOLA FRANCIS SCI AT CRE5SON CRESSON PA 16699 DIAMOND PHARMACY SCI AT CRESSON ,,ffCRESSON PA 16699 'T~lCDERMOTT BRAD SCI AT CRESSON CRESSON PA 16699 ~SLIKO JEAN A SCI AT CRESSON CRESSON PA 16699 SUTTON JAMES SCI AT CRESSON CRESSON PA 16699 (PRISON MAIL INSPECTORS SCI AT CRESSON CRESSON PA 16699 CHASER MICHELLE UNIT MANAGER SCI AT CRESSON CRESSON PA 16699 PLAINTIFF PRO SE DEFENDANT MACUS-BRYAN MARIA DEFENDANT BOYD JAIME B DEFENDANT BOYD JAIME B DEFENDANT GOLD ALAN S DEFENDANT BOYD JAIME B DEFENDANT BOYD JAIME B DEFENDANT BOYD JAIME B DEFENDANT DEFENDANT BOYD JAIME B DEFENDANT BOYD JAIME B DEFENDANT BOYD JAIME B DEFENDANT DEFENDANT ~ BOYD JAIME B Judgment Index Amount Date Desc PYS511 Cumberland County Protnonotary~s Urrice rage Civil Case Print 2009-07651 JAE JOHN RICHARD (vs) BEARD JEFFREY A ET AL Reference No... Filed......... 11/05/2009 Case Ty e.....: COMPLAINT Jud men~ : 00 Time........ i te 2:35 g ...... Execut on Da 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: ------------ Case C t Disposed Date. 0/00/0000 ommen s ----------- -- Higher Crt 1.: 5 78 CD 2010 CAMERON KENNETH R Hi her Crt 2.: ~ 3/Ol/2 10 DISMISSED LUTHER JAMEY P 3/01/2010 DISMISSED NINE CAROL 3/01/2010 DISMISSED BOPP DOUG 3/01/2010 DISMISSED JADLOCKI DAVID 3/01/2010 DISMISSED PIROZZOLA FRANCIS 3/01/2010 DISMISSED DIAMOND PHARMACY 3/01/2010 DISMISSED BR AD D M~ A SL EAN KO 3%01%2010 DISMISSED SUTTON JAMES 3/01/2010 DISMISSED N N IA SPECTORS M I CHELLE HASER 3%01%2010 DISMISSED * Date Entries - FIRST ENTRY - - - - - - - - - - /-~~ 11/05/2009 COMPLAINT - CIVIL RIGHTS FILED BY JOHN RICHARD JAE ------------------------------------------------------------------- ~,30'J`'1 11/05/2009 PETITION TO PROCEED IN FORMA PAUPERIS -------------------------------------------- ----------------------- (~y- 11/05/2009 MOTION FOR A TEMPORARY RESTRAINING ORDER OR AN EXPEDITED PRELIMINARY INJUNCTION FILED BY PLFF --------------------------------------------------------------- (~~~~~ 11/05/2009 RESTRAINING ORDERPAND/ORFEXPEDITEDFPRELIOMINARYOINJUNCTION~FILED ------------------------------------------------------------------- ~/n 11/12/2009 ORDER OF COURT - DATED 11-10-09 PETITIONER IS PERMITTED TO FILE AND PURSUE HIS CIVIL ACTION WITHOUT PAYMENT OF COSTS OR FEES - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 11-13-2009 ------------------------------------------------------------------- ~0_jo3 11/17/2009 ORDER OF COURT - 11/12/09 IN RE: MOTION FOR TEMPORARY RESTRAINING ORDER AND OR AN EXPEDITED PRELIMINARY INJUNCTION - MOTION IS DENIED - BY EDWARD E GUIDO J - COPIES MAILED 11/17/09 gS 11/30/2009 DEP~FO~FCORRECTIONSON 1(11/02 09) JOHNURICHARDS4AECHIEF COUNSEL PA ------------------------------------------ 12 Ol ------------------------- ~~_gp/3 / /2009 TEMPO IRARYFRESTRAININGEORDERNAND EXPEDITED PRELIMINAR~NINJUNCTION - BY PLFF ------------------------------------------------------------------- Lj/ 12/01/2009 PROOF OF SERVICE - PETITION FOR RECONSIDERATION UPON DEFTS COUNSEL - BY PLFF --------------------------------- 9 ~~~/ 7A 12/04/2009 PLAINTIFF'S AMENDED COMPLAINT - BY PLFF ------------------------------------------------------------------- ~9 ~O~ 12/10/2009 CORRECTIONS DEFENDANTS MOTION TO STAY (1) THE TIME FOR FILING A RESPONSIVE PLEADING AND (2) ALL DISCOVERY PENDING DISPOSITION OF CORRECTIONS DEFTS MOTION TO REVOKE PLFFS IN FORMA PAUPERIS STATUS - BY MARIA MACUS BRYAN ATTY FOR DEFTS ------------------------------------------------------- LtJI~ J7'~12/10/2009 MOTION TO REVOKE PLFFS IN FORMA PAUPERIS STATUS PURSUANT TO SECTION 6602F OF THE PRISON LITIGATION REFORM ACT - BY MARIA MACUS BRYAN ATTY FOR DEFTS ------------------------------------------------------------------- f"~- 12/15/2009 NOTICE OF INTERLOCUTORY APPEAL AS A RIGHT - BY PLFF ------------------------------------------------------------------- ~~'~ 12/15/2009 ORDER OF COURT - 12/11/09 - AT THE REQUEST OF PLFF A HEARING ON HIS REQUEST FOR A TEMPORARY RESTRAINING ORDER IS SCHEDULED FOR 2/25/10 AT 1:00 PM IN CR3 CUMBERLAND COUNTY COURTHOUSE - BY EDWARD E GUIDO J - COPIES MAILED 12/15/09 ------------------------------------------------------------------- ~g 12/15/2009 PROPOSED ORDER - 12/15/09 IN RE: CORRECTIONS DEFTS MOTION TO STAY {1) THE TIME FOR FILING A RESPONSIVE PLEADING AND (2) ALL DISCOVERY PENDING DISPOSITION OF CORRECTIONS DEFTS MOTION TO REVOKE PLFFS IN FORMA PAUPERIS STATUS - MOTION IS GRANTED - BY YZJ711 l.:u[IUJL'r'1cir1C1 ~~uri~y rr~~uon~~a.ry ~ s viilc;e rdye Civil Case Print 2009-07651 JAE JOHN RICHARD (vs) BEARD JEFFREY A ET AL Reference No..: Filed........: 11/05/2009 Case Ty e... COMPLAINT Time..;......: 2:35 Judgmen~......: 00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 578 CD 2010 Higher Crt 2.: EDWARD E GUIDO J - COPIES MAILED 12/15/09 ------------------------------------------------------------------- /03 12/15/2009 PROPOSE ORDER - 12/14/09 IN RE: MOTION TO REVOKE PLFF IN FORMA PAUPERIS STATUS PURSUANT TO SECTION 6602F OF THE PRISON LITIGATION REFORM ACT - HEARING WILL BE HELD ON 2/25/10 AT 1:00 PM IN CR3 CUMBERLAND COUNTY COURTHOUSE - BY EDWARD E GUIDO J - COPIES MAILED 12/15/09 ------------------------------------------------------------------- ~ ~~' 12/15/2009 VERIFIED STATEMENT IN SUPPORT OF CONTINUATION OF INFORMA PAUPERIS STATUS ON APPEAL PLFF ------------------------ ------------------------------------------- ~~6_~~~ 12/15/2009 CERTIFICATE OF SERVICE BY PLFF ------------------------------------------------------------------- 12/18/2009 SHERIFF'S RETURN - 12/2/09 - COMPLAINT AND NOTICE UPON DEFT ~~G-/~f JEFFERY A BEARD AT 55 UTLEY DRIVE CAMP HILL 17011 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT KENNETH R CAMERON AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12 8 09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT JAMEY P LUT ER AT P O BOX A OLD ROUT 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT DOUG BOPP AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT CAROL HINE AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT4 AND NOTICE UPON DEFT BRAD MCDERMOTT AT P 0 BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT DIAMOND PHARMACY AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT FRANCIS PIROZZOLA AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN- 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT DAVID JADLOCKI AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT MICHELLE HASER AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLIANT AND NOTICE UPON DEFT PRISON MAIL INSPECTORS AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT JAMES SUTTON AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 SHERIFF'S RETURN - 12/8/09 - CAMBRIA COUNTY - COMPLAINT AND NOTICE UPON DEFT JEAN A SILKO AT P O BOX A OLD ROUTE 22 CRESSON PA 16699 /90-/13 1/14/2010 MOTION FOR ORDER COMPELLING DEFENDANTS TO PERMIT WITNESSES FOR THE PLAINTIFF AT THE 2 25/09 HEARING ON PLFF'S MOTION FOR A TRO AND/OR AN EXPEDITED PRELI INARY INJUNCTION - BY PLFF/PRO SE ------------------------------------------------------------- ,/gE~ /!~~ 1/14/2010 PAUPERISOSTATUSEPIIRSUANTNTOSSE~TION 6602 (F~KOFPTHENPRISON IN FORMA LITIGATION REFORM ACT AND ARGUMENTS OF LAW IN SUPPORT - BY PLFF/PRO SE ------------------------------------------------ /l)~~,~pd 1/14/2010 MOTION FOR ORDER OF COURT FOR LIMITED DISCOVERY TO BE ALLOWED FOR HEARING ON DEFT'S MOTION TO REVOKE PLFF'S IN FORMA PAUPERIS STATUS PURSUANT TO SECTION 6602(F) OF THE PRISON LITIGATION REFORM ACT - BY PLFF/PRO SE ------------------------------------------------------------------- ~1 ~ 03 1/14/2010 MOTION FOR LEAVE TO FILE PLAINTIFF'S SECOND AMENDED COMPLAINT AND ARGUMENTS OF LAW IN SUPPORT - BY PLFF/PRO SE ------------------------------------------------------------------- ~~tf' 1/14/2010 PLAINTIFF'S FIRST REQUEST FOR LIMITED PRODUCTION OF DOCUMENTS - BY PLFF/PRO SE ------------------------------------------------------------------- aD~ ~'/ 2/02/2010 RESPONSE IN OPPOSITION TO PLFFS MOTION FOR ORDER COMPELLING DEFTS PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2009-07651 JAE JOHN RICHARD (vs) BEARD JEFFREY A ET AL Reference No..: Filed........: 11/05/2009 Case Ty e.....: COMPLAINT Time........ 2:35 Judgmen~......: 00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ---------- Case Comments ------------- Higher Crt 1.: 578 CD 2010 Higher Crt 2.: TO PERMIT WITNESSES FOR THE PLFF AT THE FEBRUARY 25,2010 HEARING - BY MARIA MACUS BRYAN ATTY FOR DEFTS ------------------------------------------------------------------- a/a-af3 2/02/2010 ENTRY OF APPEARANCE AND JURY TRIAL DEMAND .FOR DEFT CAROL HINES - BY ALAN S GOLD ESQ ------------------------------------------------------------------- ~/tt!_a~~ 2/09/2010 RESPONSE TO PLFFS REPLY TO CORRECTIONS DEFTS RESPONSE IN OPPOSITION TO PLFFS MOTION FOR ORDER COMPELLING DEFTS TO PERMIT WITNESSES FOR THE PLFF AT THE FEBRUARY 25,2010 HEARING - BY MARIA MACUS BRYAN ATTY FOR DEFTS ------------------------------------------------------------------- /9~aoZS 2/12/2010 PLAINTIFF'S REPLY TO CORRECTIONS DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR ORDER COMPELLING DEFENDANTS TO PERMIT WITNESSES FOR THE PLAINTIFF AT THE FEBRUARY 25, 2010 HEARING - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------------------------------------------- a~7-~~~2/12/2010 EMERGENCY MOTION FOR ORDER OF COURT DIRECTING OFFICIALS AT SCI-CRESSON TO ALLOW PLAINTIFF TO HAVE A MINIMUM OF TWO HOURS A DAY IN THE PRISON LAW LIBRARY UNTIL THE DAY OF PLAINTIFFS HEARING ON FEBRUARY 25, 2010 - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------------------------------------------- ,~~ (0 2/16/2010 ORDER OF COURT - 2/15/10 IN RE: EMERGENCY MOTION FOR ORDER OF COURT DIRECTING OFFICIALS AT SCI CRESSON TO ALLOW PLFF TO HAVE A MINIMUM OF TWO HOURS A DAY IN THE PRISON LAW LIBRARY UNTIL THE DAY OF PLFFS HEARING ON FEBRUARY 25 2010 - MOTION IS DENIED - BY EDWARD E GUIDO J - COPIES MAILED 2/16/10 ------------------------------------------------------------------- ~33 ~3~' 2/18/2010 MOTION FOR ORDER OF COURT DIRECTING THE PROTHONOTARY TO CORRECT THE CAPTION OF THIS CASE - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------------------------------------------- ~35~3~ 2/18/2010 AMENDED MOTION FOR A TEMPORARY RESTRAINING ORDER AND/OR EXPEDITED PRELIMINARY INJUNCTION - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------------------------------------------- ~~.atfs 2/18/2010 AMENDED DECLARATION IN SUPPORT OF PLAINITFFS AMENDED MOTION FOR A TEMPORARY ORDER AND/OR AN EXPEDITED PRELIMINARY INJUNCTION - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------------------------------------------- oZ ~~ a~7 2/22/2010 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFTS KENNETH CAMERON JAMEY LUTHER DOUGLAS BOPP DAVID JADLOCKI FRANCIS PIROZZOLA BRADLEY MCDERMOTT JEAN SLIKO JAMES SUTTON ADN MICHELLE HOUSER - BY JAIME B BOYD ESQ ------------------------------------------------------------------- ~~-a~'~ 3/01/2010 ORDER OF COURT - 2/25/10 - AFTER HEARING FROM THE PARTIES IN THIS MATTER THE CASE AGAINST ALL DEFTS SAVE JEFFREY A BEARD PHD SECRETARY OF THE DEPARTMENT IS DISMISSED - THE CASE AGAINST DEFT JEFFREY BEARD PH D IS DISMISSED ON THE GROUNDS THAT THE ALLEGATIONS ARE SUCH AS SHOULD BE BROUGHT BEFORE THE COMMONWEALTH COURT - WE FURTHER FIND THAT THIS IS ABUSIVE LITIGATION - PLFFS IN FORMA PAUPERIS STATUS IS REVOKED - ***********THE PROTHONOTARY IS PRECLUDED FROM ACCEPTING ANY ADDITIONAL FILINGS IN THIS MATTER UNTIL AN APPROPRIATE FILING FEE HAS BEEN PAID*************** - pROVIDED HOWEVER THAT A NOTICE OF APPEAL MAY BE ACCEPTED - WE TAKE NO POSITION WITH REGARD TO WHETHER OR NOT THE COMMONWEALTH COURT WOULD REQUIRE AN APPROPRIATE FILING FEE - BY EDWARD E GUIDO J - COPIES MAILED 3/1/10 ----------------------------------- ---------- a.s'/ o? ~ 3/26/2010 JAEIPL~F PRO SEAVE TO APPEAL IN FORMA PAUPERIS - BY JOHN RICHARD -------------------------------- ----------------------------------- 3/26/2010 NOTICE OF APPEAL TO COMMONWEALTH COURT - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------- ------------------------------------ ~ ~ 3/26/2010 ORDER FOR TRANSCRIPT AND RECORD - BY JOHN RICHARD JAE PLFF PRO SE ---------------------------------------------- --------------------- 3 26/2010 PROOF OF SERVICE - NOTICE OF APPEAL - ORDER FOR TRANSCRIPT - o~,S/c'as7 PETITION FOR LEAVE TO APPEAL IN FORMA PAUPERIS - MS MARIA G MACUS-BRYAN - MR ALLAN GOLD ESQ. - EDWARD E GUIDO J - OFFICE OF COURT ADMINISTRATOR CUMBERLAND COUNTY - OFFICE COURT STENOGRAPHER 4 PYS511 Cumberlana county rroznonoLary~s V111C;C rayc' Civil Case Print 2009-07651 JAE JOHN RICHARD (vs) BEARD JEFFREY A ET AL Reference No... Filed......... 11/05/2009 Case Ty e.....: COMPLAINT Time........ 2:35 Judgmen~......: 00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: 578 CD 2010 Higher Crt 2.: - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------------------------------------------- aj ~ 3/29/2010 ORDER OF COURT - DATED 3/26/10 - THE PLAINTIFF SHALL FILE OF RECORD AND SERVE ON THIS JUDGE WTIHIN 21 DAYS OF THIS DATE A CONCISE STATEMENT OF ERRORS COMPLAINED OF ON APPEAL - ANY ISSUE NOT PROPERLY INCLUDED IN THE CONCISE STATEMENT TIMELY FILED AND SERVED PURSUANT TO RULE 1925 (B) SHALL BE DEEMED WAIVED - BY EDWARD E GUIDO J - COPIES MAILED 3/29/10 ------------------------------------------------------------------- a5d 3/31/2010 APPEALOINCFORRMA PAUPERIS3-3IT1IS HEREBY~ORDEREDOADJUJGEDAAVENDTO DECREED THAT THE PETITONER BE AND HERBY IS PERMITTED TO FILE AND PURSUE HIS ACTION IN THE ABOVE-CAPTIONED CASE WITHOUT PAYMENT OF COSTS OR FEES - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 04-01-10 ------------------------------------------------------------------- asy' 4/06/2010 PLAINTIFF'S CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY JOHN RICHARD JAE PLFF PRO SE ------------------------------------------------------------------- a(p/ 4/06/2010 PROOF OF SERVICE - CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - MS MARIA G MACUS-BRYAN ASSISTANT COUNSEL OFFICE OF THE CHIEF COUNSEL - BY JOHN RICHARD JAE PLFF PRO SE o?Ga-~~~4/07/2010 TRANSCRIPT OF PROCEEDINGS - BY EDWARD E GUIDO J ------------------------------------------------------------------- a9~ 4/26/2010 COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 578 CD 2010 ------------------------------------------------------------------- ~~ ayy 6/21/2010 OORDEORUPONICONSIDERAT~ONEOFTAPPELLAN~S MOTIONLFORIREMANDWTOULOWER COURT WITH INSTRUCTIONS TO IMMEDIATELY FILE AN OPINION AND HIS AMENDED MOTION FOR ORDER OF COURT DIRECTING APPELLEE51PRISON OFFICIALS TO SEE TO IT THAT APPELLANT IS GIVEN SIX HODURRS A WEEK IN THE RHU MINI LAW LIBRARY THE MOTIONS ARE DENIED UPON CONSIDERATION OF APPELLANTS MOTION FOR ORDER OF COURT PERMITTING LIMITED DISCOVER ON APPEAL THE MOTION IS DENIED ------------------------------------------------------------------- ~s.~l~''7/15/2010 IN RE: OPINION PURSUANT TO PA RAP 1925 - 7/15/10 - BY EDWARD E GUIDO J - COPIES MAILED 7/15/10 ------------------------------------------------------------------- 7/26/2010 NOTICE OF DOCKET ENTRIES MAILED TO JOHN RICHARD JAE AND MARIA G MACUS-BRYAN ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ------------------------ ------------ ~~ .00 .00 .00 L~~rs ¢ ~c * End of Case Information TRUE COPY FROM RECORD InTestknony whereaf, I here unto set my hand arld the seal of said Cou~rt~at~Aisle, Pa. This ~ day d -~rE~dc~C~, 20 I f~ CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: John Richard Jae N 0 r: oz Vs. 03 ~3 ~ tart Z F- Jeffrey A. Beard e~.a X'~ <- x„f" n 'D vx~ 2009-7651 ti Zprn y. ~ c~ 578 CD 2010 ~ --~ a- The documents comprising the record have been numbered from No.l to 298, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 7/26/2010 . Buell, Pro onotary Regina Lebo, Deputy An additional copy of this certificate is enclosed. Please sisn and date copy, thereby acknowledging receipt of this record. Date Signature & Title In the Commonwealth Court of Pennsylvania 09 - 7lo.!?I John Richard Jae, 578 CD 2010 Appellant V. Dr. Jeffrey A. Beard, Ph.D., Kenneth R. Cameron, Superintendent, James P. Luther, Superintendent Central Serv., Carol Hine, Program Manager, Doug Bopp, Health Care Administrator, David Jadlocki, Francis Pirozzola, Diamond Pharmacy, Brad McDermott, Jean A. Sliko, James Sutton, Prison Mail Inspectors and Michelle Haser, Unit Manager c a ca -g3 c --i -u cnr- ... rn ate or-1 rz °D x? _ - x> cz CN Cn .` ra AND NOW, this 17th day of November, 2010, Appellant having failed to comply with this court's previous order of October 26, 2010 the above action is dismissed as of course. Trial Court Docket No: 09-7651 FOR THE OURT: Michae rimmel, Esq. Chief Clerk of Commonwealth Court Certified from the Reoad NOV 17 2010 And Order Exit IN THE COMMONWEALTH COURT OF PENNSYLVANIA John Richard Jae, Appellant V. Dr. Jeffrey A. Beard, Ph.D., Kenneth R. Cameron, Superintendent, James P. Luther, Superintendent Central Serv., Carol Hine, Program Manager, Doug Bopp, Health Care Administrator, David Jadlocki, Francis Pirozzola, Diamond Pharmacy, Brad McDermott, Jean A. Sliko, James Sutton, Prison Mail Inspectors and Michelle Haser, Unit Manager ' ca zrn c M- == < -. r CAr- rs p r •CV - --4° Y-n a r.. brn < 0 Y- -74,5-/ No. 578 C. D. 2010 PER CURIAM O R D E R Now, November 18, 2010, this court's order of November 17, 2010 is vacated as improvidently entered. Upon consideration of appellant's Motion for Order Directing the Superintendent to Allow Appellant to Debit his Prison Account for Credit for Postage, the motion is denied. To the extent that appellant's motion may be construed as a request for extension of time, the request is granted. Appellant's brief is due on or before December 10, 2010. No further extensions will be granted absent extraordinary circumstances. Appellees' briefs are due within 30 days of filing and service of appellant's brief. Certiled from the Record NOV 19 2010 And Order Exit In the Commonwealth Court of Pennsylvania John Richard Jae, 578 CD 2010 Appellant s v. Dr. Jeffrey A. Beard, Ph.D., '-"rm L-- + -- Kenneth R. Cameron, Superintendent, . r, ° - James P. Luther, Superintendent Central ?. :- .:I -4 C? Serv., Program Manager, Doug Bopp, Carol Hine R , Health Care Administrator, ° David Jadlocki, Francis Pirozzola, Diamond - of Pharmacy, Brad McDermott, Jean A. Sliko, James Sutton, Prison Mail Inspectors and Michelle Haser, Unit Manager ORDER AND NOW, this 10th day of January, 2011, Appellant having failed to comply with this court's previous order of December 17, 2010 the above action is dismissed as of course. FOR THE OURT: Michael rimmel, Esq. Chief Clerk of Commonwealth Court Trial Court Docket No: 09-7651 Certified from the Record JAN 10 2011 And Order Exit -V.__ Commottbjeattb Court of peuuoptbania Kristen W. Brown Pennsylvania Judicial Center Prothonotary 601 Commonwealth Avenue, Suite 2100 Michael Krimmel, Esq. P.O. Box 69185 Chief Clerk of Commonwealth Court Harrisburg, PA 17106-9185 March 14, 2011 www.pacourts.us CERTIFICATE OF REMITTAUREMAND OF RECORD TO: David D. Buell Prothonotary RE: Jae v. Beard et al 578 CD 2010 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 09-7651 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description trial court record July 30, 2010 1 stack Remand/Remittal Date: ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. ery ul ours, 'C-1 Zo C c5 -? w -< 1 p ' Commonwealth Court Filing Office r2 P 4 cz? 4z) -t CD ? o ??a Jae v. Beard et al 578 CD 2010 Letter to: Buell, David D. March 14, 2011 Acknowledgement of Certificate of RemittaURemand of Record (to be returned): Signature Date Printed Name In the Commonwealth Court of Pennsylvania John Richard Jae, Appellant V. Dr. Jeffrey A. Beard, Ph.D., Kenneth R. Cameron, Superintendent, James P. Luther, Superintendent Central Serv., Carol Hine, Program Manager, Doug Bopp, Health Care Administrator, David Jadlocki, Francis Pirozzola, Diamond Pharmacy, Brad McDermott, Jean A. Sliko, James Sutton, Prison Mail Inspectors and Michelle Haser, Unit Manager 578 CD 2010 n c C= a --r z? s ? CA men r 4c) ?° a' 3 o- ORDER © cor. AND NOW, this 10th day of January, 2011, Appellant having failed to comply with this court's previous order of December 17, 2010 the above action is dismissed as of course. FOR THE COURT: Michael i el, Esq. Chief Clerk of Commonwealth Court Trial Court Docket No: 09-7651 Certified from the Record .IAN 10 2011 And Order Ex*d