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Home My WebLink About11-8862RUSSELL LEE VANCE, Petitioner V. REV. ULLI KLEMM, Defendant IN RE: PETITIONER'S PETITION FOR WRIT OF MANDAMUS ORDER OF COURT AND NOW, this 30th day of December, 2011, a Petition for Writ of Mandamus having been transferred to this court by the Commonwealth Court, and it appearing to the undersigned that the petition may represent a challenge to Petitioner's conditions of confinement and that venue may lie in Fayette County where Petitioner appears to be an inmate at a state correctional institution, and that this issue requires further review, the Court Administrator is directed to reassign the above case to another judge due to the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-8862 CIVIL TERM undersigned judge's retirement at the end of 2011. Russell Lee Vance SCI - Fayette P.O. Box 9999 LaBelle, PA 15450-0999 Rev. Ulli Klemm Bureau of Treatment Services P.O. Box 598 Camp Hill, PA 17001 BY THE COURT, J/Wesley Oler r., J. 19d ieg ?? ?I ??P la`?°? pr.P c c Z= c-' ?m z C ) <C:; .? ° Court Administrator - in bin Prothonotary's Office f"'l C _ ?3 fV ? ftirn c_ x'=3 3 Z= -0M D C:) i r= .4 C) s -n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY F;c-j Z = ) PENNSYLVANIA d - Dc >r RUSSELL LEE VANCE, PETITIONER C,ir-V -1- Lr 1 %_' l UN L q w, V. GIUN' VoLMH9MAND (KRI REATfONALSERVICES-AD- MINISTRATOR), RESPONDENT IN HIS, *(PROFESSIONAL, AND rte ) *PERSONAL-CAPACITIES ) : I VO, 1 ! ?p 2- Ca. TV_L -FFe o7 = MOTION TO COMPEL DISCOVERY --------------------------- COMES NOW THE PETITIONER, RUSSELL LEE VANCE, AND MOVES THIS COURT TON COMPEL RESPONDENT, REV., ULLI KLEMM, TO PRODUCE - THE REQUESTED DISCOVERY-DOCUMENTS TO PETITIONER. IN SUPPORT OF THIS MOTION, PETITIONER WOULD SHOW: 1.- ON THE, 25th DAY OF OCTOBER, 2011 PETITIONER, AFTER THE AFTER THE COMMENCEMENT OF THE ABOVE-CAPTIONED ACTION, SERVED ON RESPONDENT, REV., ULLI KLEMM, IN THIS CAUSE, A DISCOVERY REQUEST FOR DOCUMENTS IN WRITING, PURSUANT TO THE APPLICABLE RULE OF THE PENNSYLVANIA CIVIL PROCEDURE. 1 .,. . ,?. „. r ,. ,Jc',.i +• fa. 'f? ? '` ? i ? ?' • .. - ;. . i` :.a _ _. ? : . Y 2.- NO ANSWER TO THE ABOVE-MENTIONED DOCUMENTS-DISCOVERY REQ- UEST HAVE BEEN SERVED, AND MORE THAN, 30-DAYS HAVE ELAPSED SINCE PETITIONER'S REQUEST WAS SERVED, AND THERE HAS BEEN NO ENLARGEMENT OF TIME TO PRODUCE THE REQUESTED DISCOVERY-DOCUMENTS; TO PRODUCE AN ANSWER; NOR HAS ANY OBJECTION TO PETITIONER'S DISCOVERY-REQUEST BEEN SERVED. WHEREFORE, PETITIONER MOVES FOR AN ORDER REQUIRING RESPONDENT, REV., ULLI KLEMM, TO PRODUCE THE REQUESTED DISCOVERY-DOCUMENTS WITHIN, 5-DAYS OF THE SERVICE OF THE SAID ORDER, AND, PROVIDING THAT IF SAID RESPONDENT FAILS TO SERVE SWORN ANSWERS OF DISCOVERY WITH DOCUMENTS WITHIN THAT TIME, THE PROTHONOTARY OF THIS COURT SHOULD ENTER DEFAULT, AGAINST SAID RESPONDENT IN THE ABOVE CAUSE, PURSUANT TO THE APPLICABLE RULE OF THE, PENNSYLVANIA RULE OF - CIVIL PROCEDURE. DATE: "IWV/ AY " *NOTAI? WITH MY, RIGHT T INT. RESPECTFULLY SUBMITTED, " 91 vz A -1 Vt-Vd ` " 2 {1--moa Civ;rT?x), AFFIDAVIT I, g so hereby aver that the foregoing is true and correct to the best of my knowledge, information, and belief. I understand the penalties under Title 18 §4904, relating to Unsworn Falsification to Authorities, applies. PROOF OF SERVICE do hereby aver that copies of the attached/enclosed 7n-rl have been mailed to the below listed person(s) by First Class Mail, postage paid, on fj&?-IRV201?-This service also satisfies the requirements of the Prisoner's Mailbox Act with a Certificate of Mailing (Com. v. Jones, 700 A.2d 423; Houston v Lack, 108 S.Ct. 2379): by First Class Mail: C') C O t1 ...?'r tV rn X F - am -130 Vol z a ?r ectfully Submitted, S1.1. Fayette' P O Box 9999 _ LaBelle, PA 15450 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL LEE VANCE, PETITIONER V. REV., ULLI KLEM, *(RELI- GION, VOLUNTEER AND REC- REATIONAL SERVICES-AD- MINISTRATOR), RESPONDENT, IN HIS, *(PROFESSIONAL, AND *PERSONAL-CAPACITIES) c VsL 4c-TToN - LAW PETITION FOR RULE TO SHOW CAUSE e C7 C o rt ns ? rqco s rnF - Z? *Z am c; C C3 IN TF- COURT OF COMMON PLLAS OF CUMBERLAND COUNTY=C:) CDcn PENNSYLVANIA p? ;- 4 CxVIL 1 CTl 0 rV- LAW RUSSELL LEE VANCE, PETITIONER V. REV., ULLI KLEMM, *(RELi- GION, VOLUNTEER AND REC- REATIONAL SERVICES-AD- MINISTRATOR), RESPONDENT IN HIS, *(PROFESSIONAL, AND *PERSONAL-CAPACITIES) 2. C=vlLM PETITION FOR RULE TO SHOW CAUSE --------------------------------- --------------------------------- COMES NOW, PETITIONER, RUSSELL LEE VANCE, AND MOVES THIS COURT TO ISSUE AN ORDER, DIRECTING RESPONDENT, REV., ULLI KLEMM, TO SHOW CAUSE BEFORE THE COURT, WHY THE RELIEF THAT IS REQUESTED BY PETITIONER IN THE ABOVE CAPTIONED MATTER SHOULD NOT BE GRA- NTED, AS STATED IN THE ACCOMPANYING-PETITION TITLED: rnQrzoN To com??LOrscaU6i2y * ATE: L_(J? 2-ol 2 ZED, WITH MY, RUMBPRINT. f RESPECTFULLY SUBMITTED, 4v"zl&- 7/",- RUSSELL LEE VANCE, *PRO SE' PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL LEE VANCE, PETITIONER V. REV., ULLI KLEMM, *(REL- IGION, VOLUNTEER AND REC- REATIIONALL gg RVICES-AD- MINISTRATOR , RESPONDENT, Q IN HIS, (*PROFESSIONAL, AND 6 2- Clyl-L 7E `? PERSONAL-CAPACITIES) MOTION TO FREEZE ALL OF RESPONDENT'S ASSETS, BOTH, TANGIBLE & NON-TANGIBLE --------------------------------------------------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL LEE VANCE, CIA/ Az IV- / 4.. / PETITIONER l w? L- ?_/ f?/1i V. REV., ULLI KLEMM, *(REL- IGION, VOLUNTEER AND REC- REATIONAL SERVICES-AD- MINISTRATOR), ' RESPONDENT, 7? IN HIS, (*PROFESSIONAL, AND 2 *PERSONAL-CAPACITIES) MOTION TO FREEZE ALL OF RESPONDENT'S ASSETS, BOTH, TANGIBLE & NON-TANGIBLE COMES NOW, PETITIONER, RUSSELL LEE VANCE, AND MOVES THIS COURT TO FREEZE ALL OF THE TANGIBLE AND NON-TANGIBLE ASSETS OF RES- PONDENT, REV., ULLI KLEMM, UNTIL ALL OF THE PROCEEDINGS IN THE ABOVE-CAPTIONED MATTER HAVE BEEN COMPLETED, INCLUDING, ALL - APPEALS. PETITIONER REQUESTS THAT THE FOLLOWING LISTED ITEMS OF RESPON- DENT BE FROZEN, AND THAT REX HE IS ORDERED TO, NOT TRANSFER THE OWNERSHIPS OF THE FOLLOWING-LISTED ITEMS TO NO ONE: *- ALL REAL-ESTATE PROPERTIES. *- ALL MOTOR-VEHICLES, INCLUDING:*AUTOMOBILES;*VANS;*TRUCKS; 1 *- MOTORCYCLES;*BOATS;*AND *RECREATIONAL-VEHICLES. *ALL SAVINGS AND CHECKING ACCOUNTS. ALL STOCKS AND BONDS. *ALL CERTIFICATES OF DEPOSIT. *ALL JEWELRY. *ALL ANTIQUES. *ALL STAMP-COLLECTIONS,. AND *COIN-COLLECTIONS. *ALL EXPENSIVE FURS AND CLOTHING, AND *PAINTINGS. AND ANY OTHER ASSET THAT PETITIONER HAS FAILED TO MENTION. mmxwxm)omslam REASON FOR REQUEST_ PETITIONER, RUSSELL LEE VANCE, BELIEVES THAT A FINANCIAL- JUDGEMENT IN THIS MATTER THAT IS CAPTIONED ABOVE WILL BE EN- TERED INTO THE RECORD ON PETITIONER'S BEHALF AND AGAINST RESPON- DENT, REV., ULLI KLEMM. 2 REQUEST FOR RELIEF WHEREFORE, WITH THE ABOVE PREMISES BEING CONSIDERED, PETITIONER, PRAYS THAT THIS HONORABLE COURT GRANTS TO HIM THE RELIEF THAT HE SEEKS. DATE: Y'jkj 2DI Z i IZED, WITH IGHT-THUMBPRINT: RESPECTFULLY SUBMITTED, 1 41 . ? , RUSSELL LEE VANCE, #AY-6446,*(PRO-SE'- S.C.I., FAYETTE, P.O. - PETITIONER) BOX #9999 LABELLE, PA 15450-0999 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL LEE VANCE, - ??TL A- ?J -?; PETITIONER .2 o/v - LAw V. REV., ULLI KLEMM, *(RELI- GION, VOLUNTEER AND REC- REATIONAL SERVICES-AD MINISTRATOR), RESPONDENT, _` ?-] IN HIS, *(PROFESSIONAL, AND c_.? v1 L L? f? *PERSONAL-CAPACITIES) PETITION FOR RULE TO SHOW CAUSE ------------------------------- ------------------------------- i a J 612 to RUSSELL LEE VANCE, PETITIONER REV., ULLI KLEMM, *(REL- IOION, VOLUNTEER AND REC- REATIONAL SERVICES-AD- MINISTRATOR), RESPONDENT, ] Q` IN IN HIS, *(PROFESSIONAL, AND /Vo. .?' *PERSONAL-CAPACITIES) PETITION FOR RULE TO SHOW CAUSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMES NOW, PETITIONER, RUSSELL LEE VANCE, AND MOVES THIS COURT T p ISSUE AN ORDER, DIRECTING RESPONDENT, REV., ULLI KLEMM, TO SHOW- CAUSE BEFORE THE COURT, WHY THE RELIEF THAT IS REQUESTED BY PETITIONER IN THE ABOVE CAPTIONED MATTER SHOULD NOT BE GRANTED, AS STATED IN THE ACCOMPANYING-PETITION: TITLED: *MOTION TO FREEZE ALL_OF_RESPONDENT!S_ASSETSt_BOTH1-TANGIBLE=§_NQN_TANGIBLE:__= DI LITII;7,01 Z. RESPECTEULLY SUBMITTED, RUSSELL LEE VANCE, *PRO SE PETITIONER 1) - 8O& A 0,;0 Term A FFIn A VIT so hereby aver that the foregoing is true and correct to the best of my knowledge, information, and belief. I understand the penalties under Title 18 §4904, relating to Unsworn Falsification to Authorities, applies. PROOF OF SERVICE I, fNivii?LULff VA?'?'L?do hereby aver that copies of the attached/enclosed PCrJ77 Y?" have been mailed to the below listed person(s) by First Class Mail, postage paid, onT&- gr -201L This service also satisfies the requirements of the Prisoner's Mailbox Act with a Certificate of Mailing (Com. v. Jones, 700 A.2d 423; Houston v. Lack, 108 S.Ct. 2379): ce by First Class Mail: UL LI I<I/I E? n en ;t?tV o? VIZ 3 1'. ,Yonu WW1 ectfully Submitted, ??#W --- ,? .C.I. Fayette ? C P O Box 9999 LaBelle, PA 15450 RUSSELL LEE VANCE, Plaintiff V. REV. ULLI KLEMM, Defendant Or (goof, %.&& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 2011-8862 IN RE: PLAINTIFF'S MOTION TO FREEZE ALL OF RESPONDENT'S ASSETS BOTH TANGIBLE AND NON-TANGIBLE ORDER OF COURT AND NOW, this 17th day of January 2012, upon consideration of Plaintiff's "Motion to Freeze All of Respondent's Assets Both Tangible and Non-Tangible," and it appearing that Plaintiff has not produced of record any basis for granting such relief, Plaintiff's motion is denied. By the Court, Distribution List: Thomas A Placey C.P.J. Vance R ssell Lee u SCI Fayette AY-6446 -n X P.O. Box 9999 rija) :ter LaBelle, PA 15450 ccnr- Plaintiff/Petitioner, Pro Se ?? C' Opt Rev. Ulli Klemm r, ? Bureau of Treatment Services P.O. Box 598 `~ Camp Hill, PA 17001 Defendant/Respondent Cope. 'led 4,ez C-) = ._- , -? Z ?- '[3r- Ea -fl o-n 3?r r-s Z Z C7 cV ? ?"1 IN THE COURT OF COMMON PLEAS OF CUM G Q) L AN V COUNTY, PENNSYLVANIA CIVIL DIVISION LL LEE \/AIVC Us,5'F - Plaintiff vs EV..QLLl )?JLEMlV Defendant No. 1011 -89(p,2- APPLICATION FOR APPOINTMENT OF COUNSEL TO THE HONORABLE JUDGE OF THE ABOVE NAMED COURT: The Petitioner, J?VS,540 LU MACE , residing at SCI Fayette, P 0 Box 9999, La Belle, PA 15450, respectfully request that this Honorable Court would appoint counsel in the matter of the captioned cause of action. In support of this petition the Petitioner avers that: 1. I am unable to obtain counsel to represent me in this matter because I am currently confined in a State Correctional Facility at the aforementioned address. 2. I am currently employed at the institution as a S lfOEAIT compensated at the rate of .j..> cents per hour. 3. I am uneducated in the sciences and mechanics of law; and do not have access to computers, telephones and/or access to Westlaw or Lexus. )V y ? 0 *NOTARIZED, WITH MY, RIGHT-THbXBPRINT. Respectfully Submitted: . Pe itioner U'5.5 LEE v4 rv? qsii `J 0, goX? 6V 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA C-) r'j C -? 3 N C-. =rn r- RUSSELL LEE VANCE, CIVIL ACTION PLAINTIFF -0 V. y IV REV., ULLI KLEMM, NO. 11-8862 *CIVIL-TERM DEFENDANT ORDER AND NOW, ON THIS DAY OF,2 7 , 2012, IT IS HEREBY ORDERED AS FOLLOWS: UPON CONSIDERATION OF, PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL, THE MOTION IS 6L'`1??LY BY THE COURT, V BY JUDGE: r Thomas A. Plaw, Common Plea Co R . Uaxc CN W rTi r a w ?7 f T"` G'7/ 6upreme Court of 3pennotbania Irene M.Bi7zoso,Esq. Middle District 601 Commonwealth Avenue,Suite 4500 Prothonotary P.O.Box 6257S Elizabeth E.Zisk Harrisburg,PA 17106 Chief Clerk (717)787-6181 June 28, 2013 www.pacourts.us Buell, David D. Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 RE: ' Russell Lee Vance, Petitioner v. Rev. Ulli Klemm, Respondent 50 MM 2013 Intermediate Court Docket No: Trial Court Docket No: 2011-08862 Petition Document: Petition for Writ of Mandamus Disposition: Writ of Mandamus Denied Disposition Date: June 28, 2013 Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: /hms IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT RUSSELL LEE VANCE, : No. 50 MM 2013 Petitioner V. : REV. ULLI KLEMM, : Respondent ORDER PER CURIAM AND NOW, this 28th day of June, 2013, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Mandamus is DENIED. -O:K A True Copy Elizabeth E. Zisk As Of 6/28[2013 Attest: r{ Chief C er Supreme Court of Pennsylvania