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