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HomeMy WebLinkAbout10-6440IN THE COMMONWEALTH COURT OF PENNSYLVANIA John J. Gephart, , Petitioner V. , Department of Corrections, Jeffrey Beard, Sec. of D.O.C., Randal Britton, Superintendent David Perry, Business Mng. Tanja Hayles, Inmate Accounts Clerk of Courts: Dennis Lebo, Cumberland County, , Respondents PER CURIAM O R D E R -n r'Q r c1n 16 -LyyO CIvl I Ted No. 476 M.D. 2010 Now, September 14, 2010, upon consideration of Corrections respondents' preliminary objections, the objections are sustained, and Corrections respondents are dismissed. The Department of Corrections is statutorily authorized to deduct money from an inmate account for the collection of court-ordered costs, fines, and restitution; the law does not impose prior court authorization as a threshold condition; and an inmate is not entitled to a hearing on the issue of his ability to pay. Buck v. Beard, 879 A.2d 157 (Pa. 2005); George v. Beard, 824 A.2d 393 (Pa. Cmwith. 2003). Petitioner does not dispute that he was ordered to pay costs as part of his criminal sentence. When the sentencing judge has authorized the imposition of costs, the Department of Corrections i t a: may collect those costs in the physical absence of the court order; the court commitment sheet is sufficient authorization. Richardson v. Dept of Corr., 991 A.2d 394 (Pa. Cmwlth. 2010). Calculating the amount of costs imposed by the trial judge is ministerial and appropriate for the clerk of court. Id. Non-waivable, statutorily mandated costs are deductible absent any express court order. Spotz v. Comm., 972 A.2d 125 (Pa. Cmwlth. 2009); Comm. v. Lebar, 860 A.2d 1105 (Pa. Super. 2004). Petitioner has failed to allege facts that if accepted would entitle him, to relief from the Corrections respondents. Because the remaining respondent is not a Commonwealth officer for purposes of this court's original jurisdiction, see 42 Pa. C.S. §761(a)(1), and it appearing that petitioner seeks reimbursement for costs/fines that were collected without court authorization and inclusion of costs not statutorily mandated, fix. Ca sof,Cu is Ge -See Fordyce v. Clerk of Courts, Forest County, 869 A.2d 1049 Pa. Cmwlth. 2005). The Chief Clerk shall certify the record in this matter to the Prothonotary of said court. Certified from the Record SEP 15 2010 And Order Exit 11:35 A.M. r Miscellaneous Docket Sheet Docket Number: 476 MD 2010 Page 1 of 4 October 5, 2010 John J. Gephart, Petitioner V. Department of Corrections, Jeffrey Beard, Sec. of D.O.C., Randal Britton, Superintendent David Perry, Business Mng. Tanja Hayles, Inmate Accounts Clerk of Courts: Dennis Lebo, Cumberland County, Respondents 16 -10qq0 CI 1 e.R0 Commonwealth Court of Pennsylvania CAPTION G `? r.. -o 03 o rn rn Fn -0 rn VD C:1 A p-n ° C 3 CDM CASE INFORMATION Initiating Document: Petition for Review Case Status: Closed Case Processing Status: September 14, 2010 Journal Number: Case Category: Miscellaneous C011460LIDATED CASES Completed Case Type(s): COUNSEL INFORMATION Petitioner Gephart, John J. Pro Se: Yes IFP Status: Yes Pro Se: Address: Phone No: Respondent Pro Se: No IFP Status: Attorney: Address: Phone No Gephart, John J. SCI@Houtzdale, EV-8234 P.O. Box 1000 Houtzdale, PA 16698 Perry, David Fax No: Fax No: Anderson, Travis Scott PA Dept of Corrections 55 Utley Dr Camp Hill, PA 17110 (717) 731-0444 Inmate Petition for Review RELATED CASES UffMW*W#WR8001 Off r 5 2010 E* Neither the Appellate Courts nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on the docket sheets. 11:35 A.M. Miscellaneous Docket Sheet Docket Number: 476 MD 2010 Page 2 of 4 October 6, 2010 Commonwealth Court of Pennsylvania W COUNSEL INFORMATION Respondent Lebo, Dennis Pro Se: Yes IFP Status: Pro Se: Lebo, Dennis Address: Cumberland Co. Clerk of Court One Courthouse Square Carlisle, PA 17013 Phone No: Fax No: Respondent Hayles, Tanja Pro Se: No IFP Status: Attorney: Anderson, Travis Scott Address: PA Dept of Corrections 55 Utley Dr Camp Hill, PA 17110 Phone No: (717) 731-0444 Fax No: Respondent Department of Corrections Pro Se: No IFP Status: Attorney: Anderson, Travis Scott Address: PA Dept of Corrections 55 Utley Dr Camp Hill, PA 17110 Phone No: (717) 731-0444 Fax No: Attorney: Hueston, Suzanne Noelle Address: Chief Counsel's Office 2520 Lisburn Road PO Box 598 Camp Hill, PA 17001-0598 Phone No: (717) 975-4874 Fax No: (717) 703-3622 Respondent Pro Se: No IFP Status: Attorney: Address: Phone No Britton, Randal Anderson, Travis Scott PA Dept of Corrections 55 Utley Dr Camp Hill, PA 17110 (717) 731-0444 Fax No: Neither the Appellate Courts nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on the docket sheets. 11:35 A.M. ` Miscellaneous Docket Sheet Docket Number: 476 MD 2010 Page 3 of 4 October 5, 2010 Respondent Beard, Jeffrey Pro Se: No IFP Status: Attorney: Anderson, Travis Scott Address: PA Dept of Corrections 55 Utley Dr Camp Hill, PA 17110 Phone No: (717) 731-0444 Commonwealth Court of Pennsylvania COUNSEL INFORMATION Fax No: Attorney: Hueston, Suzanne Noelle Address: Chief Counsel's Office 2520 Lisburn Road PO Box 598 Camp Hill, PA 17001-0598 Phone No: (717) 975-4874 Fax No: (717) 703-3622 FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 05/25/2010 Miscellaneous Docket Filing Fee 53.50 0.00 AGENCY/TRIAL COURT INFORMATION Court Below: Department of Corrections County: Division: Department of Corrections Order Appealed From: Judicial District: Documents Received: May 25, 2010 Notice of Appeal Filed: Order Type: OTN(s): Lower Ct Docket No(s):CP-21-CR-0922-2001 EV-8234 Lower Ct Judge(s): ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: None BRIEFING SCHEDULE DOCKET ENTRY None Filed Date Docket Entry / Filer Representing Participant Type Exit Date May 24, 2010 Petition for Review Filed Gephart, John J. Petitioner May 28, 2010 Send Back for Correction Commonwealth Court Filing Office Document Name: $53.50 or completed, signed, dated and returned lFP forms with inmate account statement. Comment: PFR lacks service on Lebo Neither the Appellate Courts nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on the docket sheets. 11:35 A.M. . Miscellaneous Docket Sheet Commonwealth Court of Pennsylvania Docket Number: 476 MD 2010 Page 4 of 4 October 5, 2010 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date June 8, 2010 Send Back for Correction Commonwealth Court Filing Office Document Name: Resent with corrected prison ID No. June 25, 2010 Application to Proceed In Forma Pauperis Gephart, John J. Petitioner Document Name: Partial compliance: service on Lebo but no inmate acct. statement. July 7, 2010 Complied with Sendback Gephart, John J. Petitioner Document Name: Inmate acct. statement filed. July 8, 2010 Order Granting Application to Proceed In Forma Pauperis 07/09/2010 Per Curiam Document Name: This matter shall be treated as a PFR addressed to this Court's orig. jurisdiction. August 6, 2010 Preliminary Objections Department of Corrections Respondent Britton, Randal Respondent Hayles, Tanja Respondent Beard, Jeffrey Respondent Document Name: Corrections Respondents' Preliminary Objections August 6, 2010 Entry of Appearance Anderson, Travis Scott Department of Corrections Respondent September 14, 2010 Transfer 09/15/2010 Per Curiam Document Name: This civil action is transferred to the Court of Common Pleas of Cumberland County for disposition Comment: of petitioner's remaining claims against the Clerk of Courts of Cumberland County. Corrections Respondents' preliminary objections are sustained and Corrections respondents are dismissed. October 5, 2010 Transfer to Court of Common Pleas Commonwealth Court Filing Office Document Name: Cumberland County. DISPOSITION INFORMATION Final Disposition: Yes Related Journal No: Judgment Date: Category: Disposed Before Decision Disposition Author: Per Curiam Disposition: Transfer Disposition Date: September 14, 2010 Disposition Comment: of petitioner's remaining claims against the Clerk of Courts of Cumberland County. Corrections Respondents' preliminary objections are sustained and Corrections respondents are dismissed. Dispositional Filing: Filing Author: Filed Date: Neither the Appellate Courts nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on the docket sheets. Kristen W. Brown Prothonotary Michael Krimmel, Esq. Chief Clerk of Commonwealth Court 46 qqO L?-ivl I 16G Tart Commonbjeattb Court of VennopYbania O `ey October 5, 2010 G0Qr )ZO p Gr ?? Corr Q? O? Certificate of Transfer RE: Gephart v. DOC, et al. 476 MD 2010 Agency/Trial Court: Department of Corrections Agency Docket No: CP-21-CR-0922-2001 EV-8234 Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2100 P.O. Box 6918 Harrisbur A 1 *91 3 =rn 0 1't'1 - rn -t N _r_-n G? yr p-n c- 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 Remand of Record Date: Your acknowledged receipt of this letter is requested by signing, dating, and returning the enclosed copy to the Prothonotary Office or the Chief Clerk's office. Commonwealth Court Filing Office Gephart v. DOC, et al. 476 MD 2010 Acknowledgement of Certificate of Transfer (to be returned): 'A"" I I 41Ufm gnature Printed Name October 5, 2010 16-/x-16 Date JOHN 'J.TC?"HAftT EV$324 9^I HaUrzmm F-0 ax 1000 HaTIZLAIE, PA. 16698 IN THE JOHN J. GEPHART PETITIONER vs DEPARTMENT OF CORRECTIONS JEFFREY BEARD, SEC. OF D.O.C. RANDAL BRITTON, SUPERINTENDEDENT DAVID PERRY, BUSINESS MNG. TANHA HAYLES, INMATE ACCOUNTS CLERK OF COURTS: DENNIS LEBO , CUMBERLAND COUNTY 0 c-A ' COURT OF PENNSYLVANIA Eta _ LOWER COURT NO. # CP-21-CR-0922-2001 P z PETITIC R FM REY IN R ) h > d• cn AND NOW, COMES THE ABOVE NAMED PETITIONER, JOHN J. GEPHART, PRO-SE AND INDIGENT AND AVERS THE FOLLOWING IN SUPPORT THEREOF; 1. THIS COURT HAS EXCLUSIVE JURISDICTION PURSUANT TO 42 Pa.C.S.A. §761(a), THUS PETITIONER IS SEEKING RETURN OF ALL MONIES PREVIOUSLY TAKEN/DEDUCTED PURSUANT TO ACT 84, ABSENT A COURT ORDER, WITHOUT AUTHORITY TO INITIATE COLLECTION AND REMIT DEDUCTIONS UPON PETITIONERS INMATE ACCOUNT AT S.C.I. HOUTZDALE, LOCATED AT PO BOX 1000, HOUTZDALE, PA. 16698. 2. PETITIONER SEEKS PUNITIVE DAMAGES AND COMPENSATORY DAMAGES AS WELL AS COST TO PROCEED WITH THIS INSTANT ACTION. 3. ON SEPTEMBER 2001, PETITIONER WAS CONVICTED OF SEVERAL VIOLATIONS OF TITLE 18 CHAPTER 31. 4. ON MAY 27, 2008 DEFENDANT DID FILE A PRO-SE AND INDIGENT "PETITION FOR REIMBURSEMENT OF FINES, COST, AND RESTITUTION". 5. ON JULY 25, 2008 A HEARING WAS HELD AND THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DETERMINED THAT THE PETITION WAS TREATED AS A P.C.R.A. AND DISMISSED AS UNTIMELY. 6. PETITIONER APPEALED TO THE SUPERIOR COURT ON JULY 25, 2008, THE SUPERIOR COURT HELD THAT THIS CASE IS CONTROLLED BY COMMONWEALTH v. DANYSH, 833 A2d 151 (Pa.SUPER. 2003). THAT THE COURT IN DANYSH HELD THAT THE PETITION SHOULD HAVE BE FILED AS A "PETITION FOR REVIEW" OF A GOVERNMENTAL DETERMINATION WITHIN THE COMMONWEALTHS COURT JURISDICTION ID AT 153. 7. PER DANYSH, WHERE AN INMATE HAS NAMED THE WRONG RESPONDENT THE TRIAL COURT SHOULD DIRECT THE INMATE TO CORRECT THE CAPTION AND THEN TRANSFER THE MATTER TO THE CORRECT COURT. ID AT 154. 8. ON APRIL 12, 2010 THE CHIEF DISTRICT ATTORNEY OF CUMBERLAND COUNT JONATHAN R. BIRBECK, DID FILE THE "COMMONWEALTHS ANSWER TO SHOW CAUSE" REGARDING SAID PETITION. 9. PETITIONER CLAIM IS AGAINST ALL LISTED RESPONDENT'S, IN THEIR OFFICIAL CAPACITY AND THEIR INDIVIDUAL CAPACITY. 10. IN THE HEARING HELD JUNE 25, 2008 BEFORE HONORABLE JUDGE EDWARD E. GUIDO, THE DISTRICT ATTORNEY, MICHELLE H. SIBERT, Esq. AND REPRESENTED BY CHARLES MACKIN, Esq. IN THE N.T.- PAGE 3 L-14&15, ATTORNEY MACKIN ..."HAS TO DO WITH RESTITUTION, NOW THE COURT DID NOT ORDER RESTITUTION IN THIS CASE". THE COURTS RESPONSE WAS "DOES HE WANT ME TO ORDER RESTITUTION?' ANSWERED.. "NO SIR". 11. ON PETITIONERS DOCKET SHEET IT CLEARLY SHOWS THE AMOUNT OF $311.34 IN RESTITUTION, PLUS SHERIFFS COST WHICH IS ADDRESSED BRIEFLY FOLLOWS. 12. ON PAGE THREE N.T. L-25, 25 AND PAGE 4 L-1, TO PARAPHRASE ..."THE CLERKS OFFICE DIDN'T KNOW WHAT TO DO WITH THE OVERTIME FEES, SO THEY LISTED THOSE FEES AS RESTITUTION". , 13. IN <CQ IWEALTH v ALLHOUSE, 924 A2d 1215 (Pa.SUPER. 2007) THE SUPERIOR COURT HELD ..."WE CONCLUDE THE AMENDED.VERSION OF 42 Pa.C.S.A. § 9728 (G), CAN NOT CONSTITUTIONALLY BE APPLIED RETROACTIVELY, AS SUCH APPLICATION WOULD CONSTITUTE AN EX POST FACTO LAW", AN IN CALDER v BULL, 3 U. S. 386, 390 L.Ed. 648 ..."EVERY LAW THAT CHANGES THE PUNISHMENT AND INFLICTS A GREATER PUNISHMENT THAN THE LAW ANNEXED TO THE CRIME, WHEN COMMITTED". THIS IS TO REFLECT THAT PRIOR TO 2007 SHERIFFS TRANSPORTATION FEES ARE ILLEGAL TO BE PAID BY A DEFENDANT, SUCH AS IN THIS INSTANT MATTER. A TOTAL OF $356.76 AND $187.92 IN RESTITUTION 'WHICH WAS NEVER ORDERED BE RETURNED TO THE PETITIONER FORTHWITH. TOTAL AMOUNT TO BE RETURNED IS $544.68 FOR RESTITUTION AND SHERIFFS TRANSPORTATION FEES ILLEGAL ASSESSED. 'WHEREFORE, AS THE HOLDINGS IN DANYSH, ALLHOOSB, CALDER AND IN THE NEW SPOIL y CLERK OF COURTS, CLEARLY DICTATE THAT THESE FUNDS WERE ILLEGALLY SEIZED IN VIOLATION OF PROTECTIONS OF THE U.S OJNSTITUTION AND THE PENNSYLVANIA CONSTITUTION, THAT THESE FUNDS BE RETURNED TO THE PETITIONER WITH PREJUDICE. (CITING QOM.v LeBAR)• PETITIONER REQUEST THIS COURT TO DIRECT ALL THE RESPONDENTS DIRECTLY INVOLVED IN THE ILLEGAL TAKING OF PROPERTY WITHOUT LEGAL AUTHORITY BE SANCTIONED AND RETURN ALL ILLEGAL MONIES SEIZED AND TAKEN RETURNED, PLUS AND AND ALL COST ASSOCIATED WITH THIS ACTION, PUNITIVE AND COMPENSATORY DAMAGES AS WELL. OR WHAT THIS COURT DEEMS FAIR AND JUST! IT SfK)ULD BE SO ORDERED! RESPECTFULLY SUBMITTED, M a,, 12 i za 1 ?? DATE --I^ A d. JOHN J . GEPHART ??? PRO-SE EV-8324 S.C.I. HOUTZDALE PO BOX 1000 HOUTZDALE,, PA. 16698-1000 C E R T I F I C A T E OF S E R V I C E I, JOHN J. GEPHART, DO CERTIFY THAT I HAVE THIS DAY DELIVERED TO PRISON OFFICIALS AT S.C.I. HOUTZDALE, A TRUE AND CORRECT COPY OF THE FOREGOING "PETITION FOR REVIEW", SO THAT THEY CAN PROPERLY MAIL VIA U.S. MAIL FIRST CLASS TO THE FOLLOWING PERSONS: JEFFREY BEARD, Ph.D. SECRETARY OF CORRECTIONS 2520 LISBURN ROAD PO BOX 598 CAMP HILL, PA. 17001-0598 RANDAL BRITTON SUPERINTENDENT SCI HOUTZDALE PO BOX 1000 HOUTZDALE, PA. 16698 DAVID PERRY, BUSINESS MG. SCI HOUTZDALE TANJA HAYLES, INAMTES RECORDS SCI HOUTZDALE DOREEN DICK INMATE ACCOUTS SCI HOUTZDALE PO BOX 1000 HOUTZDALE, PA. 16698 D EBO, CLE COURTS CUMBERLAND COUNTY 1 COURTHOU C PA. 17013 C,",,,-%oHuuoc,tW, Cc'vr{-? of QC„ (ol? l Cd ?...w?itoa ec,l{i, ?'lc??c? Pb i3 x ? ?t $ s- 14arrls 6u?S ? fa l7l0?- ?TC$? Mc.., 12. , z 010 T OHN . GEP ART PRO-SE. EV-8324 PO BOX 1000 HOUTZDALE, PA. 16698-1000 I CERTIFY THAT ALL STATEMENT MADE HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF PURSUANT TO 42 Pa.C.S.A. §4904. DATE JOHN J. GEPHART 1 MS. SIBERT: Your Honor, this is Commonwealth 2 v. John Gephart. We're here to address his fines and costs 3 reimbursement motion. In the Commonwealth's answer, I asked 4 this Court to treat it as a Post-Conviction Relief Petition. 5 It would be a third one. The Commonwealth contends it's 6 untimely. 7 THE COURT: Mr. Mackin. 8 MR. MACKIN: Yes, Your Honor. I received the 9 Commonwealth's response. Your Honor, it's not a PCRA, 10 because he is not alleging any ineffectiveness of counsel. 11 His complaint has to do with the sentence. Now, upon 12 reading Mr. Gephart's petition, one of his concerns -- and 13 I'll try to go through them one by one, if I may -- has to 14 do with the issue of restitution. Now, the Court did not 15 order restitution in this case. 16 THE COURT: Does he"want me to order 17 restitution? 18 MR. MACKIN: No, sir. But yet on the docket 19 entries which are attached to his petition it shows 20 restitution in the amount of $311.34, and he has paid 21 $187.92. That's on the last page. 22 Now, just prior to the beginning of this 23 hearing, Ms. Sibert told me, paraphrasing, that, really, the 24 Court didn't -- not the Court, but the Clerk's office didn't 25 know what to do with overtime fees, so they listed those 3 1 fees as restitution. 2 THE COURT: Whose overtime fees? 3 MR. MACKIN: The Mechanicsburg Police 4 Department. 5 THE COURT: Okay. Well, I'm somewhat 6 stumped. This doesn't sound like your normal PCRA. 7 MS. SIBERT: My only concern is I don't know 8 how we get from a 2001 sentencing to a May 27th, 2008, 9 motion for modification of sentence. 10 MR. MACKIN: It's not a modification. 11 THE COURT: It's not a modification. I 12 didn't order anything. What he is doing is questioning the 13 costs that are payable. 14 MS. SIBERT: There's no other way to get it 15 back in front of this Court other than PCRA, or else the 16 Defendant could file something with the Commonwealth Court, 17 fight the Department of Corrections"for taking this money 18 out of his account, or file a civil suit with the Clerk of 19 Courts. The only way to get it back in front of this Court 20 is -- the only other means I could find is PCRA. Clearly 21 it's not a motion for modification. It's clearly outside of 22 the time limits of any other way for Your Honor to address 23 it. 24 THE COURT: Frankly, there's no complaint 25 with anything that this Court did. 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - 5 - 5.t i -' 1 k Docket Number: CP-21-CR-0000922-2001 CRIMINAL DOCKET quo Court Case Commonwealth of Pennsylvania V. Page 23 of 24 John Ja y Ge hart Last Payment Date: 03/31/2008 Total of Last Payment: ($17.26) Gephart, John Jay Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Crime Lab User Fee - State Police $46.00 ($0.39) $0.00 $0.00 $45.61 /;Sheriff Costs (Cumberland) $3.95 ($0.24) $0.00 $0.00 $3.71 IzSheriff Costs (Cumberland) $9.75 ($0.57) $0.00 $0.00 $9.18 County Court Costs (Cumberland) $21.47 ($21.47) $0.00 $0.00 $0.00 I /Sheriff Costs (Cumberland) $1.50 ($0.10) $0.00 $0.00 $1.40 Firearm Education and Training Fund $5.00 ($0.05) $0.00 $0.00 $4.95 (158 of 1994) Crime Victims Compensation (Act 96 $25.00 ($25.00) $0.00 $0.00 $0.00 of 1984) Crime Victims Compensation (Act 96 $15.00 ($15.00) $0.00 $0.00 $0.00 of 1984) Domestic Violence Compensation (Aa $10.00 ($0.09) $0.00 $0.00 $9.91 44 of 1988) State Court Cost (Act 204 of 1976) $9.81 ($0.09) $0.00 $0.00 $9.72 Commonwealth Cost - HB627 (Act 16: $14.72 ($0.13) $0.00 $0.00 $14.59 of 1992) JCP $5.00 ($5.00) . $0.00 $0.00 $0.00 District Attorney (Cumberland) $15.00 ($15.00) $0.00 $0.00 $0.00 Jury/Non-Jury Fee (Cumberland) $165.00 ($165.00) $0.00 $0.00 $0.00 District Attorney (Cumberland) $15.00 ($15.00) $0.00 $0.00 $0.00 Automation Fee (Cumberland) $5.00 $0.00 ($5.00) $0.00 $0.00 Non DUI Central Processing Cost $200.00 $0.00 $0.00 $0.00 $200.00 (Cumberland) DNA Detection Fund (Act 57 of 2002) $250.00 ($2.07) $0.00 $0.00 $247.93 Administrative Fee (Cumberland) $40.00 $0.00 ($40.00) $0.00 $0.00 /pSheriff Costs (Cumberland) $1.63 ($0.10) $0.00 $0.00 $1.53 4Sheriff Costs (Cumberland) $6.00 ($6.00) $0.00 $0.00 $0.00 BSheriff Costs (Cumberland) $6.00 ($0.36) $0.00 $0.00 $5.64 ")Sheriff Costs (Cumberland) $6.00 ($0.36) $0.00 $0.00 $5.64 4 Sheriff Costs (Cumberland) $18.00 ($1.06) $0.00 $0.00 $16.94 S'Sheriff Costs (Cumberland) $148.71 ($8.69) $0.00 $0.00 $140.02 wSheriff Costs (Cumberland) $136.72 ($7.99) $0.00 $0.00 $128.73 7 Sheriff Costs (Cumberland) $6.00 ($0.36) $0.00 $0.00 $5.64 AOPC 9082 - Rev 04/17/2008 Printed: 04/17/2008 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Commonwealth of Pennsylvania V. John Jav Gephart Gephart, John Jay Assessment Defendant tSheriff Costs (Cumberland) $6.00 Costs of Transportation (Act 143-2006 $6.00 Sheriff Costs (Cumberland) $6.39 Costs of Transportation (Act 143-2006 $6.00 Costs/Fees Totals: $1,210.65 Restitution Restitution $311.34 Restitution Totals: $311.34 Grand Totals: $1,521.99 ** - Indicates assessment is Page 24 of 24 Payments Adjustments Non Monetary Total Payments ($0.36) $0.00 $0.00 $5.64 $0.00 $0.00 $0.00 $6.00 ($0.30) $0.00 $0.00 $6.09 $0.00 $0.00 $0.00 $6.00 ($290.78) ($45.00) $0.00 $874.87 ($187.92) ($123.42) $0.00 $0.00 ($187.92) ($123.42) $0.00 $0.00 ($478.70) ($168.42) $0.00 $874.87 14 7 '7 c' / V yL ? szfgg Ly 7 i 4 y7.1 7- I ?fF1? 8? gP7 y.$? . A7 ?3.31 . IKB7! 3 1 $ 7.? Z, b 'L 3 •/ $ ?.3;? s3 15 (2 014 S AOPC 9082 - Rev 04/17/2008 Printed: 04/17/2008 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Lccgwwwo,s?'?'?- IN THE COMMONWEALTH COURT OF PENNSYLVANIA LLW ?OHHI?TT?J::=EPHABT = -=. -- :?--- v. DEPARTMENT OF CORRECTIONS et al c? t.._ C= Docket No. 476 MD 2010 -°F, om ' C1'? ;> c u APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS And now, 11 JUNE, 2010 (Date) I, JOHN J. GEPHART , petition this Court for a (Name of Applicant) review of a decision of the ORDER FROM THE COURT OF COMMON PLEAS OF CUMBERLAND BOUNTY (Name of Board/Agency/Lower Court) and request that I be permitted to proceed in forma pauperis based on facts submitted in my attached IFP Verified Statement. I will suffer grave injustice if not permitted to proceed with this appeal in forma pauperis in that I have a valid basis for appeal but would not be able to proceed without this assistance. Wherefore, I request that I be granted permission to proceed without payment of fees and costs, to include but not limited to, filing fees, costs of reproducing the original record and copies thereof, and any and all other costs necessary to proceed with this appeal. IFP VERIFIED STATEMENT JOHN J. GEPHART , states under the penalties provided by 18 Pa. C.S. § 4904 (Name of Applicant) relating to unsworn falsification to authorities that: 1. I am the PLAINTIFF in the above action and because of (Petitioner or Appellant/Respondent or Appellee) my financial condition am unable to pay the following fees and costs: Xx a. Filing fees. Xx b. Any and all costs of reproducing the record. xX c. Any and all costs of proceeding with this appeal. 2. My responses to the questions below relating to my ability to pay the fees and costs of prosecuting an appeal are true and correct. a. Are you presently employed? If the answer is yes, state the name and address of your employer(s), the type of work you do, and the amount of your salary or wages per month,. If the answer is no, state the date of your last employment, the type of work you did, and the amount of the salary or wages per month that you received. NO- INMATE COMPENSATION b. Have you received within the past twelve months any income from a business or profession, self-employment, rent. payments, interest, dividends, pensions, annuities, social security benefits, support payments, disability payments, unemployment compensation, workers' compensation, or any other source? If the answer is yes, describe each source of income, and state amount received from each during the past twelve months. NO 2 c. Do you own any cash, checking or savings accounts, or certificates of deposit? If the answer is yes, describe and state the total amount of the items owned. NO d. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? If the answer is yes, describe the property and state its approximate value and the amount of any encumbrances (loans or liens on the property). NO e. List the persons (with age), if any, who are dependent upon you for support, and state your relationship to those persons.. N/A f. List all your debts and obligations (including but not limited to monthly mortgage or rent payments, loans, extraordinary medical expenses, -and court ordered support obligations), the total amount owed, and the amount of monthly payments. FINES AND COST 3 g. If you are incarcerated, state balance of your bank and/or prison accounts and attach a statement showing the balance of your inmate account. 3. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances that would permit me to pay the costs incurred herein. 4. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law (misdemeanor of the second degree). S gnature f Applicant Date 4 CERTIFICATE OF SERVICE I hereby certify that I have caused to be served a true and correct copy of the Application for Leave to Proceed in Forma Pauperis and IFP Verified Statement in the above- captioned case on the date set forth below by mailing, postage prepaid in the manner indicated below, to the parties listed below, which satisfies the requirements of Pa. R.A.P. 121(b) and 1514(c): Mariner of Service: U. S. FIRST CLASS MAIL - DELIVERED TO PRISON OFFICIALS AT S.C.I. HOUTZDALE, PO BOX 1000, HOUTZDALE, PA. 16698 (Agency name and address (if appropriate)) COMMONWEALTH COURT OF PENNSYLVANIA OFFICE OF THE PROTHONOTARY 9Hj-COMMONWEALTH PLACE, SUITE 2100 PO BOX 69185 HARRISBURG, PA. 17106 (Other Attorney or Party name and address (if any)) (Opposing Attorney or Party name and address) DEPARTMENT OF CORRECTIONS S.C.I. HOUTZDALE, PA. 16698 (DAVID PERRY BUSINESS MANAGER, SCI HOUTZDALE JEFFREY BEARD Ph.D. CAMP HILL, PA. 17001-0598 (Other Attorney or Party name and address (if any)) 11 JUNE, 2010 Si ature Date 5 JQN J. G? TT EV-8324 Fib BOK 1000 HaTMALE, PA. 16998 i v IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO[ITJ& C COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF CRIMINAL DIVISION PENNSYLVANIA ps-1 DOCKET N0.#CP-21-0000922-2001 vs JOHN J. GEPHART JUDGE EDWARD GUIDO VERIFIED STATEMENT FOR CONTINUATION OF IN FORMA FAUPERIS It JOHN J. GEPHART, STATE UNDER THE PENALTIES PROVIDED BY 18 Pa.C.S.A. 4904, THAT: 1. I AM THE DEFENDANT IN THE ABOVE CAPTIONED CASE AND I DESIRE TO PROCEED IN FORMA PAUPERIS ON THIS INSTANT ACTION BEFORE THE COURT, 2. THAT I WAS GRANTEDIN FORMA PAUPERIS BY THIS COURT, GRANTING ME LEAVE TO PROCEED IN FORMA PAUPERIS, 3. THERE HAS BEEN NO SUBSTANTIAL CHANGE IN MY FINANCIAL CONDITION SINCE THAT TIME, 4. I AM UNABLE TO PAY THE FEES AND COST OF SAID PROCEEDING AND FILING, 5. I UNDERSTAND THAT A FALSE STATEMENT IN THIS VERIFIED STATEMENT WILL SUBJECT ME TO THE PENALTIES PROVIDED BY LAW (MISDEMEANOR OF THE SECOND DEGREE). WHEREFORE, I RESPECTFULLY REQUEST THAT MY IN FORMA PAUPERIS STATUS BE CONTINUED. J?- (9- to DATE /ZTOHN GEPHF- PRO-SE EV-8324 PO BOX 1000 HOUTZDALE, PA. 16698 n o=m ,"3r,3 mzrn z C t- G} r+a o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA n 1 O? 7Q COMMONWEALTH OF CRIMINAL DIVISION cam.3o n PENNSYLVANIA vs DOCKET NO.# CP-21-0000922-20011!t JOHN J. GEPHART HONORABLE EDWARD GUIDO C)p «? o r? APPLICATION FOR BNFOItCH!?1'P . OF COURT ORDER AND NOW, THIS /6 DAY OF JUNE, 2010 COMES THE ABOVE NAMED DEFENDANT JOHN J. GEPHART, PRO-SE AND INDIGENT AND AVERS THE FOLLOWING IN SUPPORT THEREOF: 1. THIS COURT HAS AUTHORITY AND JURISDICTION OF THIS APPLICATION PURSUANT TO 42 Pa.C.S.A.§ 931(x) ORIGINAL JURISDICTION AND VENUE, ALSO 42 Pa.= G.A. §323 POWERS OF THE COURT ..."ENFORCEMENT OF ANY ORDER, 2. ON 5 MAY, 2010 DEFENDANT DID FILE A "MOTION FOR FINES AND COST AND RESTITUTION" TO CEASE AND DESIST FROM TAKING MONEY FROM HIS INMATE ACCOUNT TO PAY FOR SHERIFF FEES AND COST ASSOCIATED WITH HIS CRIMINAL CASE, 3. ON 10 MAY, 2010 JUDGE GUIDO ENTERED AN "ORDER" STATING THAT ALL SHERIFFS COST FEES AND TRANSPORTATION FEES BE WAIVE AND TERMINATED. THAT ALL MONIES ALREADY DEDUCTED FROM HIS INMATE ACCOUNT TO BE REIMBURSED, ALL OTHER CLAIMS DENIED..(SEE ATTACHED ORDER), 4. THAT AS OF THIS DATE DEFENDANT HAS NOT RECEIVED SAID REIMBURSEMENT FROM EITHER THE CLERK OF COURTS, COUNTY TREASURER, OR COUNTY SOLICITOR, 5. DEFENDANT WOULD ALSO DIRECT THE COURTS ATTENTION TO THE (2) TWO DIFFERENT DOCKET SHEET STATEMENTS FOR THE SAME CASE. THE AMOUNTS OF SHERIFFS FEES/COST AND TRANSPORTATION ARE QUITE DIFFERENT. THE FIRST DOCKET WAS PRINTED OUT ON 4/17/08 HAS A TOTAL OF $394.44 WHILE THE OTHER DOCKET DATED 5/27/10 ONLY REFLECTS THE AMOUNT OF $162.39. 6. DEFENDANT REQUEST THAT THIS COURT AWARD THE $394.44 IN SAID COST AND TO INQUIRE AS TO WHOM AND WHY THERE WERE CHANGES IN THE DOCKET SHEETS, WHY WHERE THESE DOCKET SHEET HAVE BEEN ALTERED, PERHAPS WITHOUT THE COURTS KNOWLEDGE OR CONSENT. WHEREFORE, BASED UPON SAID CLAIMS, DEFENDANT REQUEST THIS COURT TO ENFORCE IT'S ORDER AND RETURN SAID MONIES WITHIN 30 DATES FROM THE DATE OF THIS ORDER! IT SHOULD BE SO ORDERED! DATE RESPECTFULLY SUBMITTED, "m w' 4:4? JOHN J. G P T PROSE SCI HOUTZDALE PO BOX 1000 HOUTZDALE, PA. 16698-1000 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000922-2001 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 27 of 28 V. John Jay Ge hart Last Payment Date: 05/03/2010 Total of Last Payment: -$8.79 Gephart, John Jay Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Crime Lab User Fee - State Police $46.00 -$4.69 $0.00 $0.00 $41.31 Sheriff Costs (Cumberland) $3.95 -$3.95 $0.00 $0.00 $0.00 County Court Costs (Cumberland) $21.47 -$21.47 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $1.50 -$1.50 $0.00 $0.00 $0.00 Firearm Education and Training Fund $5.00 -$0.54 $0.00 $0.00 $4.46 (158 of 1994) Crime Victims Compensation (Act 96 $25.00 -$25.00 $0.00 $0.00 $0.00 of 1984) Crime Victims Compensation (Act 96 $15.00 -$15.00 $0.00 $0.00 $0.00 of 1984) Domestic Violence Compensation (Ac- $10.00 -$1.04 $0.00 $0.00 $8.96 44 of 1988) State Court Costs (Act 204 of 1976) $9.81 -$1.02 $0.00 $0.00 $8.79 Commonwealth Cost - HB627 (Act 16. $14.72 -$1.52 $0.00 $0.00 $13.20 of 1992) Judicial Computer Project $5.00 -$5.00 $0.00 $0.00 $0.00 District Attorney (Cumberland) $15.00 -$15.00 $0.00 $0.00 $0.00 Jury/Non-Jury Fee (Cumberland) $165.00 -$165.00 $0.00 $0.00 $0.00 District Attorney (Cumberland) $15.00 -$15.00 $0.00 $0.00 $0.00 Automation Fee (Cumberland) $5.00 $0.00 -$5.00 $0.00 $0.00 Non DUI Central Processing Cost $200.00 -$200.00 $0.00 $0.00 $0.00 (Cumberland) DNA Detection Fund (Act 57 of 2002) $250.00 -$25.27 $0.00 $0.00 $224.73 Administrative Fee (Cumberland) $40.00 $0.00 -$40.00 $0.00 $0.00 Sheriff Costs (Cumberland) $6.00 -$6.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $6.00 -$6.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $6.00 -$6.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $18.00 -$18.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $6.00 -$6.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $6.00 -$6.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $6.39 -$6.39 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $6.00 $0.00 $0.00 $0.00 $6.00 Sheriff Costs (Cumberland) $6.00 $0.00 $0.00 $0.00 $6.00 AOPC 9082 - Rev 05/27/2010 Printed: 05/27/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000922-2001 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania / Page 28 of 28 John Ja y Ge hart Gephart, John Jay Assessment Payments Adjustments Non Monetary Total Defendant Payments Sheriff Costs (Cumberland) $38.00 $0.00 $0.00 $0.00 $38.00 Sheriff Costs (Cumberland) $38.00 $0.00 $0.00 $0.00 $38.00 Sheriff Costs (Cumberland) $26.00 $0.00 $0.00 $0.00 $26.00 Costs/Fees Totals: $1,015.84 -$555.39 -$45.00 $0.00 $415.45 Restitution Restitution $311.34 -$187.92 -$123.42 $0.00 $0.00 Restitution Totals: $311.34 -$187.92 -$123.42 $0.00 $0.00 Grand Totals: $1,327.18 -$743.31 -$168.42 $0.00 $415.45 - Indicates assessment is subrogated 41 AOPC 9082 - Rev 05/27/2010 Printed: 05/27/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT'OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000922-2001 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Page 23 of 24 John Ja y Ge hart r rsf Last Payment Date: 03/31/2008 Total of Last Payment: ($17.26) Gephart, John Jay Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Crime Lab User Fee - State Police $46.00 ($0.39) $0.00 $0.00 $45.61 /3Sheriff Costs (Cumberland) $3.95 ($0.24) $0.00 $0.00 $3.71 liSheriff Costs (Cumberland) $9.75 ($0.57) $0.00 $0.00 $9.18 County Court Costs (Cumberland) $21.47 ($21.47) $0.00 $0.00 $0.00 I ISheriff Costs (Cumberland) $1.50 ($0.10) $0.00 $0.00 $1.40 Firearm Education and Training Fund $5.00 ($0.05) $0.00 $0.00 $4.95 (158 of 1994) Crime Victims Compensation (Act 96 $25.00 ($25.00) $0.00 $0.00 $0.00 of 1984) Crime Victims Compensation (Act 96 $15.00 ($15.00) $0.00 $0.00 $0.00 of 1984) Domestic Violence Compensation (Ac $10.00 ($0.09) $0.00 $0.00 $9.91 44 of 1988) State Court Cost (Act 204 of 1976) $9.81 ($0.09) $0.00 $0.00 $9.72 Commonwealth Cost - HB627 (Act 16. $14.72 ($0.13) $0.00 $0.00 $14.59 of 1992) JCP $5.00 ($5.00) $0.00 $0.00 $0.00 District Attorney (Cumberland) $15.00 ($15.00) $0.00 $0.00 $0.00 Jury/Non-Jury Fee (Cumberland) $165.00 ($165.00) $0.00 $0.00 $0.00 District Attorney (Cumberland) $15.00 ($15.00) $0.00 $0.00 $0.00 Automation Fee (Cumberland) $5.00 $0.00 ($5.00) $0.00 $0.00 Non DUI Central Processing Cost $200.00 $0.00 $0.00 $0.00 $200.00 (Cumberland) DNA Detection Fund (Act 57 of 2002) $250.00 ($2.07) $0.00 $0.00 $247.93 Administrative Fee (Cumberland) $40.00 $0.00 ($40.00) $0.00 $0.00 /bSheriff Costs (Cumberland) $1.63 ($0.10) $0.00 $0.00 $1.53 JSheriff Costs (Cumberland) $6.00 ($6.00) $0.00 $0.00 $0.00 SSheriff Costs (Cumberland) $6.00 ($0.36) $0.00 $0.00 $5.64 Sheriff Costs (Cumberland) $6.00 ($0.36) $0.00 $0.00 $5.64 4 Sheriff Costs (Cumberland) $18.00 ($1.06) $0.00 $0.00 $16.94 ,'Sheriff Costs (Cumberland) $148.71 ($8.69) $0.00 $0.00 $140.02 wSheriff Costs (Cumberland) $136.72 ($7.99) $0.00 $0.00 $128.73 ? Sheriff Costs (Cumberland) $6.00 ($0.36) $0.00 $0.00 $5.64 AOPC 9082 - Rev 04/17/2008 Printed: 04/17/2008 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Docket Number: CP-21-CR-0000922-2001 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Page 24 of 24 John Ja y Ge hart Gephart, John Jay Assessment Payments Adjustments Non Monetary Total Defendant Payments I-Sheriff Costs (Cumberland) $6.00 ($0.36) $0.00 $0.00 $5.64 Costs of Transportation (Act 143-2006 $6.00 $0.00 $0.00 $0.00 $6.00 Sheriff Costs (Cumberland) $6.39 ($0.30) $0.00 $0.00 $6.09 Costs of Transportation (Act 143-2006 $6.00 $0.00 $0.00 $0.00 $6.00 Costs/Fees Totals: $1,210.65 ($290.78) ($45.00) $0.00 $874.87 Restitution Restitution $311.34 ($187.92) ($123.42) $0.00 $0.00 Restitution Totals: $311.34 ($187.92) ($123.42) $0.00 $0.00 Grand Totals: $1,521.99 ($478.70) ($168.42) $0.00 $874.87 "* - Indicates assessment is subrogated t g It 2 4Z 3?tZ 14 3 7W u??yz /sz(gg Gy7 iz f? 7f87 GY7.1 z ge A7 ?3.31 /KS71 ?3f,W ACA' -5-7-3.31 - rdl S 3'1, oa AOPC 9082 - Rev 04/17/2008 Printed: 04/17/2008 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. 0 Sequence Number Service To Issue Date Commonwealth of Pennsylvania V. John Jay Ge hart CP Filed Date Document Date Service B Filed By Service Type Status Date Service Status Page 24 of 28 05/10/2010 05/05/2010 Order of Court, filed 5-5-2010 In re: Fines & Costs Upon consideration of the Def.'s request and the Commonwealth's answer, the Def.'s petition is granted in part. The Clerk of Courts is directed to strike the sheriff transportation s costs and to refund any such costs already collected. In all other respects the petition is denied. 5-11-2010 copies delivered/mailed Guido, Edward E. 1 05/13/2010 Petition for Review, Filed. Gephart, John Jay Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. . C E R T I F I C A T E OF S E R V I C E I, JOHN J. GEPHART, DO CERTIFY THAT I HAVE THIS DAY SERVED A TRUE AND CORRECT COPY OF THE FOREGOING MOTION TO ENFORCE ORDER UPON THE FOLLOWING PERSONS, VIA U.S. FIRST CLASS MAIL, DELIVERED TO PRISON OFFICIALS AT S.C.I. HOUTZDALE FOR PROPER POSTAGE AND HANDLING. JUDGE EDWARD GUIDO C/O CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQAURE CARLISE, PA. 17013 CLERK OF COURTS C/O CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA. 17013 DISTRICT ATTORNEY'S OFFICE C/O CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA. 17013 (1-18-/0 DATE 44 t JOHN J. GEPHART EV-8324 PROSE PO BOX 1000 HOUTZDALE, PA. 16698 IN THE COMMONWEALTH COURT OF PENNSYLVANIA John J. Gephart, V. No. 476 M.D. 2010 Petitioner, Department of Corrections, Jeffrey Beard, Sec. of D.O.C., Randal Britton, Superintendent, David Perry, Business MNG. Tanha Hayles, Inmate Accounts. Clerk of Courts: Dennis Lebo, Cumberland County, Respondents PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: 4 C'-) b h - ;, r ? . r? a x-n y za; ? y Please enter my appearance as counsel on behalf of the Department of Corrections, Jeffrey A. Beard, Ph.D., Randall Britton, David Perry, and Tanja Hayles, in the above-captioned matter. Respectfully submitted, Office of General Counsel By: Dated: August 6, 2010 Travis S. Anderson Assistant Counsel Attorney I.D. No. 307264 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 IN THE COMMONWEALTH COURT OF PENNSYLVANIA John J. Gephart, Petitioner, V. Department of Corrections, Jeffrey Beard, Sec. of D.O.C., Randal Britton, Superintendent, David Perry, Business MNG. Tanha Hayles, Inmate Accounts. Clerk of Courts: Dennis Lebo, Cumberland County, Respondents No. 476 M.D. 2010 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 upon the person(s) in the manner indicated below: Service by first-class mail addressed as follows: John Gephart Inmate No. EV-8234 SCI-Houtzdale P.O. Box 1000 209 Institution Drive Houtzdale, PA 16698-1000 Dennis E. Lebo Clerk of Courts Cumberland County Courthouse 1 Courthouse Square Carlise, PA 17013 Noel Morgan Clerk Typist 2 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 6, 2010 . %V IN THE COMMONWEALTH COURT OF PENNSYLVANIA John J. Gephart, Petitioner, V. Department of Corrections, Jeffrey Beard, Sec. of D.O.C., Randal Britton, Superintendent, David Perry, Business MNG. Tanha Hayles, Inmate Accounts. Clerk of Courts: Dennis Lebo, Cumberland County, Respondents N O CQ No. 476 M.D. 2010 1 o- N c.., m?r*; U3 Ta C?7 corn Duo CORRECTIONS RESPONDENTS' PRELIMINARY OBJECTIONS NOW comes Travis S. Anderson, counsel for the Pennsylvania Department of Corrections ("Department"), Jeffrey A. Beard, Ph.D., Randall Britton, David Perry, and Tanja Hayles,' and files the following Preliminary Objections to the Petition for Review. Backeround 1. Petitioner is John J. Gephart (Inmate No. EV-8234), an inmate currently incarcerated at the State Correctional Institution at Houtzdale ("SCI- Houtzdale"). ' Also named as a Respondent is Dennis Lebo, the Clerk of Courts of Cumberland County. The undersigned counsel only represents the Corrections Respondents and does not represent Mr. Lebo. . 2. The Objecting Respondents are the Department; Jeffrey A. Beard, Ph.D., Secretary of Corrections; Randall Britton, former Superintendent of SCI- Houtzdale; David Perry, Business Manager at SCI-Houtzdale; and Tanja Hayles,3 Records Supervisor at SCI-Houtzdale (collectively, "Corrections Respondents").4 3. Petitioner appears to be challenging the deduction of funds from his inmate account pursuant to 42 Pa. C.S. § 9728(b)(5) ("Act 84") and the calculation of costs and restitution arising from his criminal sentence. 4. Petitioner's argument is difficult to follow, but he appears to allege that his public docket sheet lists a total of $544.68 attributed to restitution and sheriff s transportation fees that are allegedly illegal. Petition, ¶¶ 11-13. 5. Petitioner seeks punitive damages, compensatory damages, and "cost to proceed with this instant action." Petition, 12. DEMURRER Pa. R.C.P. 1028(4) 6. The Department has authority to collect fines and costs under Act 84 where there is a court order imposing such fines and costs upon the criminal defendant. Spotz v. Lebo, 972 A.2d 125 (Pa. Cmwlth. 2009). 2 Superintendent Britton's fast name is misspelled in the caption of the Complaint as "Randal." 3 Ms. Hayles' first name is misspelled in the caption of the Petition as "Tanha." 4 Petitioner also sent a copy of the Petition to Doreen Dick, an accountant at SCI- Houtzdale. Petition, Certificate of Service. Ms. Dick is not listed in the caption of the Petition, nor is she mentioned in the body of the Petition. 2 7. The order need not specify the amount of the costs; that ministerial calculation is for the Clerk of Courts to perform. Richardson v. Pa. Dept. of Corr., 991 A.2d 394 (Pa. Cmwlth. 2010). 8. The Department has such an order for Petitioner. See Declaration of Doreen Dick and Ex. A, attached hereto. 9. The Respondents respectfully request that this Honorable Court take judicial notice of Ex. A. 10. The court order imposes costs on Petitioner. See Ex. A. 11. The DC-300B court commitment form lists $1,168.54 in court costs, and does not list any restitution. See id. 12. In reliance on this DC-300B, the Department deducted $1,168.54 from Petitioner's inmate account and remitted all funds to Cumberland County. See Declaration of Doreen Dick. 13. Where the sentencing judge has actually imposed costs, the DC-300B court commitment form is sufficient authorization for Act 84 deductions. Richardson, 991 A.2d at 396-97. 14. The Department is entitled to rely on sentencing orders and DC- 300B's transmitted from the sentencing court and has no obligation or duty to second-guess the Clerk of Courts' calculation of costs. 3 15. Furthermore, pursuant to 42 Pa. C. S. § 9764(C.1)(3), the Department cannot be held liable for damages-compensatory, punitive, or otherwise-for relying in good faith on a sentencing order or DC-300B "generated from the Common Pleas Criminal Court Case Management System of the unified judicial system or otherwise transmitted to them." 16. The sentencing order and DC-300B at issue here were transmitted to the Department directly from the Court of Common Pleas of Cumberland County. See Declaration of Doreen Dick. 17. The Department did not base its deductions on Petitioner's docket sheet. See id. 18. Once the Department forwards the deducted monies to the sentencing county, it has no control over how those monies are applied. See id. 19. Therefore, Petitioner has not alleged facts that, if accepted, would entitle him to any relief from the Corrections Respondents. LACK OF SUBJECT MATTER JURISDICTION Pa. R.C.P. No. 1028(a)(1) 20. To the extent that Petitioner seeks to remove financial obligations from his sentence or to challenge the calculation of costs, he must proceed in the trial court. 4 21. Original jurisdiction to hear a challenge to the legality of a sentence to pay costs lies exclusively in the courts of common pleas: [I]f an inmate seeks to end Act 84 deductions by removing financial obligations from his original sentence, the request to modify sentence should be heard by the common pleas court regardless of the place of confinement... [W]here the method by which an inmate seeks to end Act 84 deductions involves the validity or modification of the underlying sentence, original jurisdiction lies with the common pleas court. Commonwealth v. Parella, 834 A.2d 1253, 1256 (Pa. Cmwlth. 2003) (internal citations omitted). 22. Likewise, when an inmate is challenging the amount of costs based on the Clerk of Courts' calculations, the inmate's remedies lie in the trial court. Richardson, 991 A.2d at 397; see also Commonwealth v. Williams, 909 A.2d 419 (Pa. Cmwlth. 2006) (challenge to the amount of costs is properly brought in the trial court); Fordyce v. Clerk of Courts, 869 A.2d 1049 (Pa. Cmwlth. 2005) (trial court has exclusive original jurisdiction to hear challenges to the amount of costs). 23. Therefore, this Court lacks subject matter jurisdiction over Petitioner's claims related to the legality of his sentence to pay costs or the calculation of those costs. 24. Furthermore, the Corrections Respondents are not proper parties to these types of claims as they had no role in determining Petitioner's sentence, nor did they have any role in calculating the amount of costs owed. 5 WHEREFORE, the Corrections Respondents respectfully request that the Court sustain the demurrer and dismiss this case. Respectfully submitted, Office of General Counsel By: ,,--N,-, - Travis S. Anderson Assistant Counsel Attorney I.D. No. 307264 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 6, 2010 6 IN THE COMMONWEALTH COURT OF PENNSYLVANIA John J. Gephart, Petitioner, V. Department of Corrections, Jeffrey Beard, Sec. of D.O.C., Randal Britton, Superintendent, David Perry, Business MNG. Tanha Hayles, Inmate Accounts. Clerk of Courts: Dennis Lebo, Cumberland County, Respondents No. 476 M.D. 2010 UNSWORN DECLARATION OF DOREEN DICK I, Doreen Dick, hereby declare under penalty of perjury, pursuant to 18 Pa. C.S. § 4909, that the following statements are true and correct based upon my personal knowledge, information, and belief: 1. The Pennsylvania Department of Corrections ("Department") currently employs me as an Accountant at the State Correctional Institution at Houtzdale ("SCI-Houtzdale"). 2. In my capacity as an Accountant, I am responsible for reviewing and, when necessary, procuring sentencing records for inmates currently being assessed fines and costs under Act 84. 3. I am familiar with the records of the Petitioner in this case, John J. Gephart (Inmate No. EV-8234), who is currently incarcerated at SCI-Houtzdale. 4. I certify to the best of my knowledge, information, and belief that Exhibit A attached to this declaration was transmitted directly from the Court of Common Pleas of Cumberland County. 5. Until the filing of this lawsuit, the Department was unaware of any restitution that was imposed on inmate Gephart the sentencing documents that were sent to the Department only reflect $1,168.54, all of which is categorized as costs. See Ex. A. 6. As a result of the regular deductions from inmate Gephart's account, inmate Gephart has paid off all $1,168.54 that he owed and is now paid in full. No further deductions will be made pursuant to these sentencing orders. 7. After deducted monies are remitted to the sentencing county, the Department has no control over how those monies are applied to the inmate's outstanding sentence-related monetary obligations. Dated: tz,ec-1) Doreen Dick SCI-Houtzdale PA Department of Corrections 2 05/•24/2010 11:34 8143781022 COMMONWEALTH V. JOHN JAY CE15HART OTN: L087894-2 SCIHOUTZDALE PAGE 02/10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0922 CRIMINAL TERM CHARGE: (2) STATUTORY SEXUAL • ASSAULT • (3) INVOLUNTARY • DEVIATE SEXUAL • INTERCOURSE • (4) INDECENT ASSAULT • (5) CORRUPTION OF . MINORS AFFIANT: PTL. KERRY VINCENT IN RE: SENTENCING ORDER OF COURT AND NOW, this 9th day of October, 2001, the Defendant, John Jay Gephart, having appeared for sentence with Public Defender Arla M. Waller, Esquire, and the Court being in receipt of a presentence investigation report, sentence of the Court at Count 3, Involuntary Deviate Sexual Intercourse, is that the Defendant pay the costs of prosecution, and undergo imprisonment in a State Correctional institution for not less than 5 1/2 years nor more than 11 years. The Defendant to be given credit from April 14, 2001. Sentence of the Court at Count 4, Indecent Assault, is that the Defendant pay the costs of prosecution, and undergo imprisonment in a State Correctional facility for not less than 1 year nor more than 2 years. Sentence to run concurrent to the sentence EXHIBIT A 05/24/?010 11:34 8143781022 SCIHOUTZDALE PAGE 03/10 imposed at Count 3. The Defendant to be given credit from April 14, 2001. The charges at Count 5 merge with the other charges at this term and number, and therefore no sentence will be imposed at Count 5. Sentence of the Court at Count 2 is that the Defendant pay the costs of prosecution, and undergo a period of State probation for a period of 10 years, consecutive to the sentence imposed at Count 3. The Defendant is also ordered to undergo an assessment by the Sexual Offenders Assessment Board, and to comply with the registration and DNA requirements of Act 14. Jonathan R. Birbeck, Esquire Assistant District Attorney Arta M. Waller, Esquire Assistant Public Defender Probation Sheri >:f Victim Witness CCP /1000,c :mae By the Court, Edward E. Guido, J. A TRUE COPY FROM RECORD In Testimony whereat I here unto setngr hand and the sea otsW4lurtatCsA ft PA 05/24/2010 11:34 8143781022 SCIHOUTZDALE PAGE 04/10 06 (PART 1) Rev. 7199 `?? O a 2 Rev. 7 (J J Type or Print Legibly COMMONWEALTH OF PENNSYLVANIA COURT COMMITMENT DEPARTMENT OF CORRECTIONS STATE OR COUNTY CORRECTIONAL INSTIT TION 1 BOX 598 CAMP HILL, PA. 17001-0598 Commonwealth of Pennsylvania Attn: Central Office Records vs_ NOTE: Additional supply of this form available at above address Ge h®act1: John Jay COMMITMENT NAME LAST, FIRST INITIAL, SU FFIX (It DC-3008 (PART II) attached SEX Date of Birth SID OTN COURT OF INITIAL COMMON 07 07 ? 33 ? F Q M / /1961 L 087894-2 JURISDICTION PLEAS COMMITTING COUNTY COURT NUMBER p A E -T IM E Cumberland 01-9 2 .m R MANDATORY SENTENCE GA Yes ? No BOOT CAMP RECOMMENDED ? lo S El No COUNTY REFERENCE #: T he above defendant after ? Pleadinty t g uif ? Nolo cont" M Being found guilty ? GBMI was on October 9th , 2001, sentenced by Judge Edward E. Guido to a term of not less than 05 years, 06 months, -- days nor more than 11 years, '- months, -- days, or for the offense of (3) Involutary Deviate Sexual zntercour. se (Section 3123 (a) (7) of the Crimes Code) or (other statute) It is further ordered that the said defendant be delivered by the proper authority to and treated as the law directs c-It the facility located at Fine: Cost: Restitution: Amount $ none Amount $ 1168.54 Amount $ nont Balance $ Balance $ 1168.54 Balance $ CREDIT.FOR TIME SERVED (EXPLANATION OF CREDIT COMPUTATION ON REVERSE SIDE) EFFECTIVE DATE OF SENTENCE Sentence to date from April 14, 2001. October 9th, 2001 THIS SENTENCE IS CONCURRENT WITH: THIS SENTENCE IS CONSECUTIVE TO: PROSECUTING ATTORNEY S tis iic eAt yg -DISPOSITION ON NON-INCARCERATION OFFENSE(S) Sexual Assault: Pay tatutor y / DEFENSE ATTORNEY Asst . Pu lic De ender prosecutimn & 10 years state costs of COURT REPORTER Michale Elilne probation, consecutive to ct. 3. Ct. 5, Corruption of Minors: Merges yr/all other counts fat sentencing purposes. (THIS BLOCK NOT TO BE USED FOR INCARCERATION OFFENSE) In witness, whereof I have hereunto set my hand and seal of said court, this 18th day of October (SEAL) 2001 , AUTHORIZED GNATURE 05/.24/2010 11:34 8143781022 SCIHOUTZDALE PAGE 05/10 The sentence of this defendant was com uted as follows: Date of County or Court Number Minimum Maximum sentence . Magisterial and Term Type Sent. Judge or OTN Dist Yrs• Moa. Days Yrs. Mos.. Days DiStriet Justioe (Indude Alpha Locked Up (Location) Must Recommendatlons of the Court The Following Additional Repass are Attached 0 Continuation Shoot (DC-3008, Part II) 0 Arrest Report ? FBI Cl Presentence or Postsentenoe ? Behavior Dime i ? PSP = The FdloW W Additional Reporie will be Forthcoming ? Mrest Report 0 Presenterm or Postsentence Investigation 05124/2010 11:34 8143781022 SCIHOUTZDALE PAGE 06/10 ?..-?vues?rN?rc; III KeY. 7199 - 7e or Print Legibly COURT COMMITMENT CONTINUATION SHEET COMMONWEALTH OF PENNSYLVANIA STATE OR COUNTY CORRECTIONAL INSTITUTION DEPARTMENT OF CORRECTIONS Commonwealth of Pennsylvania BOX 598 CAMP HILL, PA. 17001-0598 vs. Attn: Central Office Records Gap] a Jay COMMITMENT NAME (LAST, FI RST, INITIAL, SUFFIX) NOTE: Additional supply of this form available at above address COURT NUMBER01_922 Crimina OFFENSE TRACKING NUMBER (OTN) L 087894-2 MANDATORY SENTENCE: ? Yes Q No BOOT CAMP RECOMMENDED ? Yes LZ No COUNTY REFERENCE #: The above defendant after ? Pleading guilty ? Nolo CZ Being found ? GBMI contendre guilty was on rjrrohPr 9th , ton i , sentenced by Judge ,dward E Qu i do to a term of not less than 01 years, -t; months,--- days nor more than 2 years, -- months, -- days, or for the offense of (4) Indecent Aar?auI (Section3126 ( a 1-t aof the Crimes Code) or (other statute) Fine: Cost: Restitution: Amount $ see,:.page 1 Amount pee page 1 Amount $see page 1 Balance $ Balance $ Balance $ CREDIT FOR TIME SERVED en :; :; O a ee ro[h:c : CTIVE DATE OF SENTENCE THIS SENTENCE IS CONCURRENT WITH: Sentence to run concurrent to sentence at ct. 3. THIS SENTENCE IS CONSECUTIVE TO: COURT NUMBER D _l -'-s:: OFFENSE TRACKING NUMBER (OTN) MANDATORY SENTENCE: Q Yes ? No BOOT CAMP RECOMMENDED ? Yes ? No COUNTY REFERENCE #: The above defendant after ? Pleading guilty ? Nolo ? Being found ? GBMI contendre guilty was on , sentenced by Judge to a term of not less than years, months, days nor more than years, months, days, or for the offense of (Section of the Crimes Code) or (other statute) Fine: Cost: Restitution; Amount $' Amount $ Amount $ Balance $ Balance $ Balance $ CREDIT FOR TIME SERVED EFFECTIVE DATE OF SENTENCE THIS SENTENCE IS CONCURRENT WITH; THIS SENTENCE IS CONSECUTIVE TO; In witness to the above sentence(s) for offense(s) as well as those found on the reverse side of this document, I her nto set my hand and seal of said court, this lb day of abcr , 2Ex)1 (SEAL) Authorized Signature 05/24/2010 11:34 8143781022 SCIHOUTZDALE PAGE 07/10 vvvKl rvuMGtK OFFENSE TRACKING NUMBER (OTN) MANDATORY SENTENCE: ? Yes ? No BOOT CAMP RECOMMENDED ? Yes ? No COUNTY REFERENCE #: The above defendant after 0 Pleading guilty ? Nola ? Being found ? GBMI contendre ull was on , sentenced by Judge to a term of not less than years, months, days nor more than years, months, days, or _ for the offense of (Section of the Crimes Code) or (other statute) Fine: Cost: Restitution: Amount $ Amount $ Amount $ Balance $ Balance $ Balance $ CREDIT FOR TIME SERVED EFFECTIVE DATE OF SENTENCE THIS SENTENCE IS CONCURRENT WITH: THIS SENTENCE 15 CONSECUTNE TO: COURT NUMBER OFFENSE TRACKING NUMBER (OTN) MANDATORY SENTENCE: ? Yes ? No BOOT CAMP RECOMMENDED C3 Yes C3 No COUNTY REFERENCE #: The above defendant after ? Pleading guilty ? Nola ? Being found ? GBMI doritendre guilty was on , sentenced by Judge• to a term of not less than years, months, days nor more than years, months, days, or for the offense of (Section of the Crimes Code) or (other statute) Fine: Cost: Restitution: Amount $ Amount $ Amount $ Balance $ Balance $ Balance $ CREDIT FOR TIME SERVED EFFECTIVE DATE OF SENTENCE THIS SENTENCE 13 CONCURRENT WITH: THIS SENTENCE IS CONSECUTIVE TO: COURT NUMBER OFFENSE TRACKING NUMBER (OTN) MANDATORY SENTENCE: ? Yes ? N. BOOT CAMP RECOMMENDED ? Yes ? Na COUNTY REFERENCE #: The above defendant after ? Pleading guilty ? Nola ? Being found ? GBMI oontendre guilty was on , sentenced by Judge to a term of not less than years, months, days nor more than years, months, days, or for the offense of (Section of the Crimes Code) or (other statute) Fine: Cost: Restitution: Amount $ Amount $ Amount $ Balance $ Balance $ Balance $ CREDIT ISOR TIME SERVED EFFECTIVE DATE OF SENTENCE THIS SE NCE IS CONCURRENT WITH: THIS SENTENCE IS CONSECUTIVE To. IN THE COMMONWEALTH COURT OF PENNSYLVANIA John J. Gephart, Petitioner, V. Department of Corrections, Jeffrey Beard, Sec. of D.O.C., Randal Britton, Superintendent, David Perry, Business MNG. Tanha Hayles, Inmate Accounts. Clerk of Courts: Dennis Lebo, Cumberland County, Respondents No. 476 M.D. 2010 CERTIFICATE OF SERVICE I hereby certify that I am depositing in the U.S. mail a true and correct copy of the Corrections Respondents' Preliminary Objections upon the person(s) in the manner indicated below: Service by first-class mail addressed as follows: John Gephart Inmate No. EV-8234 SCI-Houtzdale P.O. Box 1000 209 Institution Drive Houtzdale, PA 16698-1000 Dennis E. Lebo Clerk of Courts Cumberland County Courthouse 1 Courthouse Square Carlise, PA 17013 No lle Morgan Clerk Typist 2 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 6, 2010 • C- &V T J,-" 0 of CU41 David 1D. cBuet( 1 cnee Simpson Prothonotary o _ = 4 >`, D 15` Deputy Prothonotary u to o Irene E. Jy�lorrow �irkS. Sofionage, ESQ ��;, ��; ; Solicitor 1750 2"a Deputy Prothonotary Office of the Prothonotary Gum 6erlTanc(County, Pennsylvania 16 — 101-14/6 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, SPA. 17013 • (717)240-6195 • Eac(717)240-6573