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HomeMy WebLinkAbout13-2051 111 04711 Judicial District of Pennsylvania Court of Common Pleas of turn-bean-lib u.4 Airy Trial Division—Civil -%7{141144 Al 6:a6 IT r fE D et PP:i , (I,i � Term,20 / 3 • (month) (year) Plaintiff(s) VS. vib c/ -g4-NO • (�U4(!UEjJ • NO. / - XO51 U iVii Term Defendant(s) Forma Pauperis Order AND NOW, this "" day of A P 2i C , 20 / 2 , it is hereby ORDERED AND DECREED that: 1. Petitioner be permitted to proceed without paying the costs of this proceeding or posting a bond. 2. Petitioner be permitted to obtain service of the papers filed without cost. 3. Petitioner be permitted to proceed in forma pauperis as to any additional costs which accrue in the course of this proceeding. 4. If there is a monetary recovery by judgment or settlement in favor of the party permitted to proceed in forma pauperis, the exonerated fees and costs shall be taxed as costs and paid to the Prothonotary by the party paying the monetary recovery. 5. Petitioner has a continuing obligation to inform the Court of any improvement in party' s financial circumstances that will enable the party to pay costs. Page 1 of 11 6. If Petition for In Forma Pauperis is granted, filing party must appear and obtain attested copies of the original pleading for service. If more than thirty (30) days has expired, the pleading must be reinstated first. 7. If Petition for In Forma Pauperis is denied, petitioner is reminded that if the fee is not paid within ten(10) days, the action or appeal will be dismissed. BY THE COURT: A° r, Q E� � le ri Twin d CO�14i 3 I� a Page 2of11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAC3 n r 6 -<— C.4 C=7 i CIVIL DIVISION r�- < THAIWIN EUGENE REIDc3 N ff' Petitioner • vs. CIVIL NO. 2013-2051 • VINCENT MOONEY Respondent PRAECIPE FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM To the Prothonotary: PA Rules of Civil Procedure Rule 401 ( b) ( 1 ) states ; "If service within the Commonwealth is not made within the time prescribed by subdivision (a) of this rule or outside the Commonwealth within the time prescribed by Rule 404, the prothonotary upon praecipe and upon presentation of the original process, shall continue its validity by reissuing the writ or reinstating the complaint ,by writing thereon "reissued" in the case of a writ or "reinstated" in the case of a complaint . " PA Rules of Civil Procedure Rule 401 (b) ( 2 ) states ; "A writ may be reissued or a complaint reinstated at any time and any number of times .A new party defendant may be named in a reissued writ or a reinstated complaint . The Writ is now to be issued against Vincent Mooney, Superintendent at SCI-Coal Township,with an address of 1 Kelley Drive,Coal Township,Pa. 17866-1021 .Respondent in the above captioned matter . Reissue Writ of Habeas Corpus Ad Testificandum to Sheriff Ronny R. Anderson.One Courthouse Square,Room 303 Carlisle, Pennsylvania 17013 . Thaiwin Eugene Reid,FQ-0304 SCI Coal Township One Kelley Drive Coal Township, Pa. 17866-1012 Date: DrC, i , olo ) 3 Date: [SEAL OF THE COURT[ Prothonotary Deputy Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c� 11-1 C!)y CD CIVIL DIVISION r - rC -*a 6-n THAIWIN EUGENE REID z mac, Petitioner r tv ... T 1 • vs. CIVIL NO. 2013-2051 VINCENT MOONEY Respondent • PRAECIPE FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM To the Prothonotary: PA Rules of Civil Procedure Rule 401 (b) ( 1 ) states ; "If service within the Commonwealth is not made within the time prescribed by subdivision (a) of this rule or outside the Commonwealth within the time prescribed by Rule 404, the prothonotary upon praecipe and upon presentation of the original process,shall continue its validity by reissuing the writ or reinstating the complaint ,by writing thereon "reissued" in the case of a writ or "reinstated" in the case of a complaint . " PA Rules of Civil Procedure Rule 401 (b) ( 2 ) states ; "A writ may be reissued or a complaint reinstated at any time and any number of times .A new party defendant may be named in a reissued writ or a reinstated complaint . The Writ is now to be issued against Vincent Mooney, Superintendent at SCI-Coal Township,with an address of 1 Kelley Drive,Coal Township, Pa. 17866-1021 .Respondent in the above captioned matter . Reissue Writ of Habeas Corpus Ad Testificandum to Sheriff Ronny R. Anderson.One Courthouse Square,Room 303 Carlisle, Pennsylvania 17013 . Thaiwin Eugene Reid,FQ-0304 SCI Coal Township One Kelley Drive Coal Township,Pa. 17866-1012 Date:f)&C, I X10 l Date: [SEAL OF THE COURT [ Prothonotary Deputy Prothonotary -mow, e \ ‘ Vtt • minim' Judicial District of Pennsylvania Court of Common PIeas of twribeQ A-"Aib o./Airy Trial Division—Civil . 7 j j JiRJ L;a6Fx// ieE/D 4 :R u . Of f 1 Term,20 J; (month) (year) Plaintiff(s) •• VS. X6171 a : NO. /3- (-10.5/ C Ivl1 Teri Defendant(s) • Forma Pauperis Order AND NOW, thi day of AP PJ (- , 20 / ;2 , it is hereby ORDERED AND DECREED that: 1. Petitioner be permitted to proceed without paying the costs of this proceeding or posting a bond. 2. Petitioner be permitted to obtain service of the papers filed without cost. 3. Petitioner be permitted to proceed in forma pauperis as to any additional costs which accrue in the course of this proceeding. 4. If there is a monetary recovery by judgment or settlement in favor of the party permitted to proceed in forma pauperis, the exonerated fees and costs shall be taxed as costs and paid to the Prothonotary by the party paying the monetary recovery. 5. Petitioner has a continuing obligation to inform the Court of any improvement in party' s financial circumstances that will enable the party to pay costs. Page 1 of 11 6. If Petition for In Forma Pauperis is granted, filing party must appear and obtain attested copies of the original pleading for service. If more than thirty (30) days has expired, the pleading must be reinstated first. 7. If Petition for In Forma Pauperis is denied, petitioner is reminded that if the fee is not paid within ten (10) days, the action or appeal will be dismissed. BY THE COURT: 1_ CJ7 r rs.} G ' rV - "tom +- 1 );• - 1`) Page 2 of 11 Request for Service Ronny R.Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph:717.240.6390 Fx:717.240.6397 Plaintiff/s: Court Number: aQ/3 -d o.5-7 7 TM4! KEN g, RL ib Expiration Date: 3e DAYS F'Qorvl OI+TE OP PIE15.cuanicp I Q r 0 3® `r _ Type of Action: C I V I L Defendan-t/s: ViArcEr r-- rilookiey ( WaR-46EN 1 I Serve Upon: IA/A.PDcN 0 SC.T.. (4 At To Address for Service: �e GcE y Dizi v C A A L O ulV 5)4 1 ? State ,.p f I --$42 4, Alternate Address for for Service: State Type of Service: E Adult in Charge ❑ Personal {)k Deputize [l Certified Mail D Posting **Copy of Court Order Required with Posting** Special Service Instructions: i *if service is to be made by deputized service to 0 N Ai a erLtANb another county please specify which county* Coo wry_ Filing Attorney: • Name: Address: I.-__.._ —_ I State Phone Number: N THAIWIN EUGENE REID, : IN THE COURT OF COMMON PLEAS OF PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. VINCENT MOONEY, RESPONDENT : 13-2051 CIVIL TERM ORDER OF COURT AND NOW, this s'30 day of June, 2014, upon consideration of Petitioner, Thaiwin Eugene Reid's request that this court "transfer my Writ Of Habeas Corpus back to the Civil Court filed in the Prothonotary's Office for record and that the proper parties be served through the Marshall" is DENIED as a review of the record indicates that the Prothonotary has taken no action adverse to the Petitioner in this case and accordingly there is no relief this court can grant the Petitioner. By the Court, Thaiwin Reid, FQ0304 1 Kelley Drive Coal Township, PA 17866-1021 :sal pli Albert H. Masland, J. 30»4 orb C G3 C7) 0 Mr. Thaiwin Reid #FQ0304 1 Kelley Drive Coal Township, Pa. 17866 Re: Civil Habeas Corpus Case No ) l- a o s - p Honorable Court, May 26, 2014 The general docket in the above mentioned Civil Action will reference that 1 properly filed a Civil Habeas Corpus as procedurally required in the Pothonotary's Office, and the Prothonotary absent a Court order, Motion or instruction from the Court, lawfully and adequately notifying all parties of interest, changed the filing intentions of my writ. With all due respect to the Prothonotary, the elected office of the Prothonotary is one of maintaining of records, and not that of an elected Court Judge who is authorized to make decisions regarding whether writs of Habeas Corpus being decided in criminal or civil courts. I filed the above numbered writ in the civil court, followed proper procedures identifying my filing intentions on my civil action cover sheet, .and the Prothonotary absent a Court order transferred my writ to the criminal court Absent A Court Order. I am the master of my civil action and the Prothonotary is not my Co -Petitioner, and should not be permitted to interfere with , tamper with or alter my filing_ intentions. With all due respect to the Prothonotary, they can not lawfully wear two hats. They cannot hold the office of Prothonotary and perform the duties exclusively reserved for Judges of election. Wherefore I respectfully requestthat the Honorable Court, transfer my Writ Of Habeas Corpus back to the Civil Court filed in the Prothonotary's Office for record and that the proper parties be served through the Marshall. cc: File Secretary Of State Respectfully Submitted I ti4,; 4,0:0 gE. 0> cQ 630 ro_ ezoi ar p 1 1 =i LL It 1_11 t= - 1 1 1 1 11 111 11 1 7013 2250 0000 4348 5390 4-Ofordolfz_ocki iatr-tiasittat Qit e_DurtkUg. ciocA,r,L rLLL P 1701 $Z3 forever A Painted Bunting IIIMINS111110111M10•011.1•1.1 ▪ 1111111111MMNIIIIMINI • 0111•IMINIIMMIMMIIIIMMINM 111111111111111/11111.111M11111 c: • g,;1:71 IN THE COMMON PLEAS COURT OF FLED -OFFICE (JF ME PROTHONOTA i* 2014 JUL 28 PM 2 3B CUMBERLAND COUNTY, PENNSYLVANIACUMBERLAND COUNTY PENNSYLVANIA Thaiwin Reid, Petitioner v. Supt. Vincent Mooney, et al., Respondent(s) I3-aO51 Civil Term No. 43 2501 Petitioner's Request To Amend Writ Of Habeas Corpus PETITIONER'S REQUEST F O R LEAVE FROM THE COURT TO AMEND WRIT OF HABEAS CORPUS NOW COMES the Petitioner, Thaiwin Reid, Pro Se Litigant, respectfully requesting leave from the Honorable :Ort to amend the above referenced Civil Term Number. 1. Petitioner in excess of a year has diligently sought information from the Court regarding the status of his petition. 2. Over the course of said year, Petitioner had not received an official response from the Court, with the Judge's seal and signature appearing on the face of the instrument. 3. Petitioner has over said year received unofficial responses from the Prothonotary, explaining what the court would not do [See: Attached letters]. Page -1- 4. In each instance the Prothonotary spoke on behalf of the Court stating "we can't accept" the Petitioner's writ of habeas corpus, but nothing official from the Court with the Judge's signature and seal. 5. Petitioner has throughout this process proceeded as a Pro Se Petitioner, and with all respect due to this Honorable Court, has been treated as though he is a well experienced and astute Attorney, by the Prothonotary's Office and the Commonwealth. 6. As a result of Petitioner not being experienced in matters of law, Petitioner respectfully submits to this Honorable Court, that he should not be held to standards equivalent to or higher then well seasoned Attorney's. 7. petitioner respectfully submits to the Court, that even experienced, established practicing Attorneys receive confirmations, instructions, orders from the Court signed by the presiding Judges regarding their filings. 8. In regards to this matter. (Civil Term Number above mentioned), Petitioner had not received any court orders, instructions or the like from the Court, with the assigned Court's Judge signature and seal appearing on the face of the instrument_ Petitioner with all due respect to the Prothonotary's Office, only received letters from the Prothonotary, from what Petitioner perceived to be the Prothonotary's speculation on what the Court would and would not do [See: Attached leters] (Quo warranto). Page —2 9. WHEREFORE for all matters stated/complained above, Petitioner respectfully requests leave from the Court for the following: A. Petitioner respectfully requests permission to amend and re -submit his Habeas Corpus Petition. B. Petitioner respectfully requests 90 days to re -submit petition before the Honorable Court. Respectfully Petitioner Remains. Respectfully Submitted Page -3- 1111Pk0_ Than` Reid, Petitioner Thaiwin Reid, Petitioner v. Vincent Mooney, Respondent(s) IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATION Civil Term No. 13-2501 ' Certification CERTIFICATION Petitioner, Thaiwin Reid, HerebyCertifys, that a true, complete and correct copy of Petitioner's leave from court to amend his Writ Of Habeas Corpus; has been forwarded to the parties listed below via First Class Mail on July 20, 2014. Supt. Vincent Mooney 1 Kelley Drive Coal Township, Pa. 17866 Mr. David D. Buell Prothonotary One Courthouse Square Carlisle, Pa. 17013 Mr. Dennis E. Lebo Cumberland County Clerk One Courthouse Square Carlisle, Pa. 17013 (2) Copies, (1) For Judge OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY Thaiwin Eugene Reid FQ0304 SCI -Coal Township One Kelley Drive Coal Township, PA 17866-1021 March 27, 2013 Case # none Mr. Reid, We can't accept a "Praecipe for Writ of Habeas Corpus Ad Sujiciendum" to begin a Civil Case. Since you are representing yourself, you will need to do some research to see how to begin a case here. Thank you. Sincerely, CUMBERLAND COUNTY PROTHONOTARY OFFICE OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY Thaiwin Eugene Reid FQ0304 SCI -Coal Township One Kelley Drive Coal Township, PA 17866-1021 April 8, 2013 Case # none Mr. Reid, We can't accept a "Petition for Writ of Habeas Corpus Ad Suj iciendum" to begin a Civil Case. Since you are representing yourself, you will need to do some research to see how to begin a case here. Thank you. Sincerely, CUMBERLAND COUNTY PROTHONOTARY OFFICE