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BRYAN ANGLE, II : IN THE COURT OF COMMON PLEAS OF PLAINTIFFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • • ZAKARELLI, et al • DEFENDANTS : NO. 13-6621 CIVIL ORDER OF COURT AND NOW, this 14th day of November, 2013, upon consideration of Petitioner's Motion for Leave to Appeal in Forma Pauperis; IT IS HEREBY ORDERED AND DIRECTED that the Petitioner's Motion is GRANTED and he may proceed in Forma Pauperis. IT IS FURTHER ORDERED AND DIRECTED that the request for appointment of counsel is DENIED. The Plaintiff is not authorized to have counsel appointed for a civil matter. By the Court, 1\k\kt M. L. Ebert, Jr., V J. Bryan Angle, II HY-2333 SCI-Forest P. O. Box 945 Oai Marienville, PA 16239 ", ( C°P`e� 1� I'3 Department of Corrections Office of General Counsel rn c, m__ wr _c - bas -<> C") ACS CD D= .,' 2z14, 't3 c cxu-c\c acow fan i\ec 6( Cvrnbe&nc1. 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ZAKARELLI, ET AL., Defendants No. 13-6621 DEFENDANT ZACCARELLI'S MOTION FOR EXTENSION OF TIME TO RESPOND TO CIVIL COMPLAINT NOW comes Debra Sue Rand, Counsel for James Zaccarelli, and, pursuant to Pa. R. Civ. P. No. 208.1, files this Motion for Extension of Time to Respond to Civil Complaint. 1. Plaintiff, Bryan Angle, a Pennsylvania Department of Corrections' inmate currently incarcerated at the State Correctional Institution at Forest, has filed a civil complaint seeking money damages for an alleged act of abuse. 2. He names as Defendants five John Does, former Department employee Lt. Melissa Griffin and Department employee Captain (now Major) James Zaccarelli (misspelled as Zakarelli). 3. Undersigned counsel just received the file for this case late on Friday, August 1, 2014. Y 4. A Response to the Complaint is due on August 13, 2014. 5. Counsel is scheduled to attend a federal court mediation conference on August 5, 2014 for case No. 14-0028 in Scranton, Pennsylvania. 6. Counsel is scheduled to give a training lecture at the Department of Corrections Training Academy in Elizabethton on August 7, 2014 7 Counsel is scheduled to argue preliminary objection in Huntingdon County in case No. 2014-263 on August 8, 2014. 8. Defendant Melissa Griffin is no longer an employee of the Department of Corrections and Counsel, so far, has been unable to locate her to ascertain if she wishes to be represented by Department Counsel. 9. An extension of time is needed in order for Counsel to give this case the attention it merits. 10. This request is not sought for purposes of harassment or delay. WHEREFORE, Counsel respectfully requests that this Court grant an extension to August 29, 2014 to file a responsive pleading to the Complaint. Respectfully submitted, Office of General Counsel � c By: ">\-n Debra Sue Rand, Assistant Counsel Attorney I.D. No. 41661 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: August 5, 2014 2 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY -PENNSYLVANIA CIVIL ACTION -LAW BRYAN ANGLE, Plaintiff, v. ZAKARELLI, ET AL., Defendants No. 13-6621 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. Mail a true and correct copy of the foregoing DEFENDANT ZACCARELLI'S MOTION FOR EXTENSION OF TIME TO RESPOND TO CIVIL COMPLAINT to be served upon the following person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Bryan Angle, HY2333 SCI -Forest P.O. Box 945 Marienville, PA 16239 Mary E.,Varner Legal Assistant PA Department of Corrections Office of Chief Counsel Mechanicsburg, PA 17050 Dated: August 5, 2014 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY -PENNSYLVANIA CIVIL ACTION -LAW BRYAN ANGLE, Plaintiff, No. 13-6621 v. ZAKARELLI, ET AL., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: c Please enter my appearance as counsel on behalf of Defendant Zaccarelli in the above -captioned matter. By: Dated: August 5, 2014 Respectfully submitted, Office of General Counsel Debra Sue Rand Assistant Counsel Attorney I.D. No. 41661 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY -PENNSYLVANIA CIVIL ACTION -LAW BRYAN ANGLE, Plaintiff, No. 13-6621; V. n r - v zr ' a ZAKARELLI, ET AL., cp `' -i s -O c, Defendants `" r•.•? rT - ' PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of Defendant Zaccarelli in the above -captioned matter. Respectfully submitted, Office of General Counsel By: WC Debra Sue Rand Assistant Counsel Attorney I.D. No. 41661 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: August 5, 2014 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY -PENNSYLVANIA CIVIL ACTION -LAW BRYAN ANGLE, Plaintiff, v. ZAKARELLI, ET AL., Defendants No. 13-6621 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. Mail a true and correct copy of the foregoing Entry of Appearance to be served upon the following person(s) and in the manner indicated below. Dated: August 5, 2014 Service by first-class mail addressed as follows: Bryan Angle, HY2333 SCI -Forest P.O. Box 945 Marienville, PA 16239 7,) Mary E. Wai-ner Legal Assistant PA Department of Corrections Office of Chief Counsel Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY -PENNSYLVANIA CIVIL ACTION -LAW BRYAN ANGLE, Plaintiff, V. ZAKARELLI, ET AL., Defendants NOW, this 8�h No. 13-6621 ORDER �-, .L- -- l4.13 day of August, 2014, Defendant Zaccarelli's Motion for Extension of Time to Respond to Plaintiff's Complaint is hereby GRANTED. Defendant shall file a responsive pleading on or before August 29, 2014. Distribution: Debra Sue Rand, Esquire Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 M9lied 0°Ple5 Bryan Angle, HY2333 sillI ,(�j Q SCI -Forest P.O. Box 945 Marienville, PA 16239 \k,* J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r ` E i ; c Sheriff iJF THE P ROJHOF 2014 AUG 15 AM 9:37 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor e IUberlr,to OFFICE QF TI+": Sk''ERIFF Bryan Angle HY2333, 11 vs. Captain Zakarelli (et al.) Case Number 2013-6621 SHERIFF'S RETURN OF SERVICE 07/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John Doe #1, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as "Not Served" at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, PA 17011. SCI Camp Hill refused service, defendants must be specifically named. 07/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John Doe #2, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as "Not Served" at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, PA 17011. SCI Camp Hill refused service, defendants must be specifically named. 07/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jane Doe, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as "Not Served" at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, PA 17011. SCI Camp Hill refused service, defendants must be specifically named. 07/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John Doe #4, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as "Not Served" at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, PA 17011. SCI Camp Hill refused service, defendants must be specifically named. 07/28/2014 04:44 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves to be Deb Alvord, Superintendent Assistant, who accepted as "Adult Person in Charge" for Lt. Griffen at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, PA 17011. CHRISTOP,, ' R SHARP , I EPUTY 07/29/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Captain Zakarelli, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as "Not Found" at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, PA 17011. Defendant now works at SCI Muncy. 07/29/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Captain Zakarelli, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lycoming, Pennsylvania to serve the within Affidavit according to law. 07/29/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John Doe #3, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as "Not Served" at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, PA 17011. SCI Camp Hill refused service, defendants must be specifically named. (c) ^ountySu to Sheriff, Teleosoft. Inc. 08/04/2014 10:40 AM - The requested Affidavit served by the Sheriff of Lycoming County upon Captain Zakarelii, personally, at SCI Muncy, Box 180, Route 405, Muncy, PA 17756. R. Mark Lusk, Sheriff, Return of Service attached to and made part of the within record. SO ANSWERS, August 07, 2014 RONR ANDERSON, SHERIFF (c) CountySuito F,hantf, Tel=_esot;, Inc. SHERIFF'=S RETURN - REGULAR CASE NO: 2013-00621 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Lycoming BRYAN ANGLE II VS CAPTAIN ZAKARELLI & ET AL KEVIN GRANT ,Sheriff or Deputy Sheriff of Lycoming County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon CAPTAIN ZAKARELLI the DEFENDANT , at 0010:40 Hour, on the 4th day of August , 2014 at SCI MUNCY RT. 405 HIGHWAY MUNCY, PA 17756 by handing to CAPTAIN ZAKARELLI - PERSONALLY a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 So Answexs: .00 00/00/00.0 Deputy Sheriff SHERIFF'S COST: $-0-(INDIGENT) Sworn and subscribed to before me this 51.-1 day of A.D. SUZAP 4E M. FEDELE Prothonotary & clerk of Courts Williamsport, Lyasning County My Commission Nikes 3en. 4, 2016. T{ME/DATE STAMP IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY -PENNSYLVANIA CIVIL ACTION -LAW n rte, BRYAN ANGLE, c c 3 r �" _ "'U __ i -r1 CD Plaintiff, No. 13-6621 xcil G' �'r , - 'r v. • > c, = CD -"t R5 Z.:5 F.7,.^, ZAKARELLI, ET AL., CFI Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of Melissa Griffin in the above -captioned matter. Respectfully submitted, Office of General Counsel By: (--Z- Debra Sue Rand Assistant Counsel Attorney I.D. No. 41661 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: August 14, 2014 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY -PENNSYLVANIA CIVIL ACTION -LAW BRYAN ANGLE, Plaintiff, v. ZAKARELLI, ET AL., Defendants No. 13-6621 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. Mail a true and correct copy of the foregoing Entry of Appearance to be served upon the following person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Bryan Angle, HY2333 SCI -Forest P.O. Box 945 Marienville, PA 16239 Mary E. Warner Legal Assistant PA Department of Corrections Office of Chief Counsel Mechanicsburg, PA 17050 Dated: August 14, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Bryan Angle, Plaintiff, c-, v. No. 13-6621 Zakarelli, Griffen, John Doe 1, John Doe 2, rri CD John Doe 3, John Doe 4, Jane Doe 5, cnA Defendants >C DEFENDANTS' PRELIMINARY OBJECTION nj v -^^i r %moi _,1+ cn .7T:.? NOW comes Debra Sue Rand, Counsel for Defendants Zaccarelli and Griffin and, pursuant to Pa. R.C.P. 1028, files this Preliminary Objection to the Complaint. FAILURE TO CONFORM TO RULES --- Pa. R.C.P. No. 1019(i). 1. Plaintiff, a Pennsylvania state inmate, has filed an inmate civil rights complaint with this Court. 2. Plaintiff has not attached to his Complaint a copy the final grievance decision upon which his claim that he has exhausted his administrative remedies in based. 3. Defendants have no copy of a final grievance decision on the merits such as would demonstrate exhaustion. 4. Judge Ebert has issued an order granting in forma pauperis in this matter. WHEREFORE, Plaintiff should be required to supply this document. Dated: August 14, 2014 Respectfully submitted, Office of General Counsel By: -\\--1\R‘ Debra Sue Rand Assistant Counsel Attorney I.D. No. 41661 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Bryan Angle, Plaintiff, v. Zakarelli, Griffen, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Jane Doe 5, Defendants No. 13-6621 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Preliminary Objection upon the person(s) and in the manner indicated below. Bryan Angle, HY2333 SCI -Forest P.O. Box 945 Marienville, PA 16239 Mary E. Warne Legal Assistant Pennsylvania Department of Corrections Office of Chief Counsel Dated: August 14, 2014 IN THE COURT OF COMMON PLEAS QilF ' CUMBERLAND COUNTY PENNSYLVANTA41/0 C0/18 C Peiviii?4 441 y Li Co Plaintiff, 4 1/4 /v/fi./ Zakarelli, Griffen, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Jane Doe 5, Defendants Bryan Angle, i ‹25- Tf DEFENDANTS' MOTION REQUESTING THE COURT TO DECIDE THE DEFENDANTS' PRELIMINARY OBJECTIONS ON THE BRIEFS WITHOUT ORAL ARGUMENT NOW come the Defendants, by and through their attorney, Debra Sue Rand, and move this Honorable Court as follows. 1. Plaintiff, Bryan Angle, is an inmate currently incarcerated at the State Correctional Institution ("SCI") at Forest, but during the relevant time was incarcerated at SCI Camp Hill. 2. Defendants Zaccarelli and Griffin are or were employees of the Pennsylvania Department of Corrections.' 3. Plaintiff has filed a civil right complaint to which Defendants have filed preliminary objections and a supporting brief. t Plaintiff also names John/Jane Doe as a Defendant, however, the Commonwealth Attorney's Act, 71 P.S. § 732-101, et seq., precludes appearances for unnamed/unidentified alleged employees, who have not consented to legal representation. 4 Pa. Code § 39.1, et seq.; 42 Pa. C.S. § 8525. 4. Cumberland County Local Rule of Civil Procedure No. 1028(c)(9) mandates that preliminary objections shall be argued in argument court, unless a party requests to have the preliminary objections decided on the briefs. 5. Because the Plaintiff is a pro se prisoner now incarcerated in Forest County and because the issue raised in the preliminary objections is a question of law, the Defendants respectfully request that the preliminary objections be decided on the briefs, without oral argument. 6. In accordance with Local Rule 208.3(a)(2) (requiring disclosure of whether a judge has already ruled on any issue in the same case), Judge Ebert granted I.F.P. in this matter. WHEREFORE, the Defendants respectfully that this Honorable Court grant their motion to have the preliminary objections decided on the briefs, without oral argument. Dated: August 21, 2014 Respectfully submitted, Office of General Counsel By: V)rzs, Debra Sue Rand Assistant Counsel Attorney I.D. No. 41661 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 2 Bryan Angle, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. Zakarelli, Griffen, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Jane Doe 5, Defendants No. 13-6621 CERTIFICATE OF SERVICE I hereby certify that I am depositing in the U.S. mail a true and correct copy of the foregoing MOTION REQUESTING THE COURT TO DECIDE THE DEFENDANTS' PRELIMINARY OBJECTIONS ON THE BRIEFS WITHOUT ORAL ARGUMENT upon the person(s) in the manner indicated below: Service by first-class mail addressed as follows: Bryan Angle, HY2333 SCI -Forest P.O. Box 945 Marienville, PA 16239 Mary Warn Legal Assistant Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: August 21, 2014 .N- e C4l^"r✓`.©.r\ e,v.rbefic r Co ZeN-c,cQ 1 CA- Pi Qle 'TA: 'r's ID s\QJe,nG OeCer,Ackr-6 CIS,( -130\ NneAti�.�,�;'Aibr`v uj\\A cA-N V' cc -3 Re,'t 6t- eIcuAcci\eit tco_J2 SAc:14%(:"C At5 z 1 herrneFF 3. c)e,Ce ►c A5 iQ 640,-e Copj 6 ' ', -C. ,,\ f ;tV-e, a(e deC r -tc) NktJe 4!) Ask' cc- fie- -k?c5e O.0. C. of too1/4S R bt2 \ Fey. T\ -t q�,�,,ore— -F h .ye�n�r �e 1 � S i �, �,�-caeirl r�E3r� t-4-`6^; U� S on -N1-e e.eeoc- —(, CuA'r°c2- DeFe c xA ��ae A �,�� � r , -� 'QA - ‘ye_ Qw )4, rF a n�� fQ G1 '50 9.1.,14,, Cin Q,` ue L \- cAnc1 qmpsto__ -excxue6Vcv, a v3 -t uter t r v\f, eou. A ► 11 ©c e r ize c© c\ G2, -cb \I CaQ COQ i.e.S GC C -fee QleA Fr \3\\ - F33 G- flee-e-4c.in\ vvas saptAcr e©f, %cl-ecJ v3 os- k, n ,K' ebS(Ab AlAt 0.6.c. \fv2, atm) coc)cecefNce egM v�,�2Y�'1 l co{ w bCa' (hC ejn ;A\cr RrIcsii,rze\-c,Abc-eciut couvrtl- ek. seeiv °k`ra\e CCCzi r\AciA- q.r2clue,6A-col- .04 -€\enAro,C, VeC:LocN ()C- Ocatc Recoroxb cCeo2 fiso‘nole cfee o"ci 400A\ ;V%--0 ccNILve)\. a€no Dec.cootetrAszec(4,a%1_ JANA\- 4AN,',-sccve • corkcs, JUR ()\ a 0,.r -k.,\ nuyyNciA- 47,11 t-1 Z-533 Q0.(30. ty6it`lon di NI '-D030(n', zek BRYAN ANGLE, II : IN THE COURT OF COMMON PLEAS OF PLAINTIFFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ZAKARELLI, et al DEFENDANTS : NO. 13-6621 CIVIL ORDER OF COURT AND NOW, this 27th day of August, 2014, upon consideration of the Defendant's Motion to have their Preliminary Objections Decided on the Briefs Without Oral Argument, and the Court noting that the Plaintiff is an inmate who is currently incarcerated in SCI -Forest and therefore would not be available for oral argument before this Court; IT IS HEREBY ORDERED AND DIRECTED that the Defendants' Motion to have their Preliminary Objections Decided on the Briefs Filed by the Parties Without Oral Argument is GRANTED. ✓ Bryan Angle, II HY-2333 SCI -Forest P. O. Box 945 Marienville, PA 16239 Debra Sue Rand, Esquire Department of Corrections, OCC 1920 Technology Parkway Mechanicsburg, PA 17050 bas By the Court, Pies 80:e 14d LE 9fly 41E BRYAN ANGLE, II : IN THE COURT OF COMMON PLEAS OF PLAINTIFFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ZAKARELLI, et al DEFENDANTS : NO. 13-6621 CIVIL ORDER OF COURT AND NOW, this 28th day of October, 2014, upon consideration of the Defendant's brief in support of Preliminary Objection and Plaintiffs Pro Se response thereto and after review of the case of Woodford v. Ngo, 548 U.S. 81 (U.S. 2006), IT IS HEREBY ORDERED AND DIRECTED that the Department of Corrections will forward to this Court a copy of the grievance file relating to the Plaintiff's grievance in this case and referred to on page 3 of Defendant's brief on or before November 24, 2014. Bryan Angle, II HY-2333 SCI -Forest P. O. Box 945 Marienville, PA 16239 ebra Sue Rand, Esquire Department of Corrections, OCC 1920 Technology Parkway Mechanicsburg, PA 17050 bas es /tZw i t.£c( /0/x9/y By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY c: Bryan Angle, Plaintiff, { '� v. Zakarelli, Griffen, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Jane Doe 5, Defendants No. 13-6621 p7 DEFENDANTS' SUBMISSION OF INMATE GRIEVANCE PACKET IN COMPLIANCE WITH COURT ORDER NOW comes Debra Sue Rand, Counsel for Defendants Zaccarelli and Griffin, and files this Submission of Inmate Grievance Packet in Compliance with Court Order. 1 Plaintiff, a Pennsylvania state inmate, has filed an inmate civil rights complaint with this Court. 2. Plaintiff did not attach to his Complaint a copy of the final grievance decision upon which his claim that he has exhausted his administrative remedies is based. 3. Defendants have no copy of a final grievance decision on the merits such as would demonstrate exhaustion. 4. By order entered October 29, 2014, the Court issued an order directing Defendants to "forward to this Court a copy of the grievance file relating to the Plaintiff's grievance in this case and referred to on page 3 of the Defendant's brief on or before November 24, 2014." 5. Attached hereto is copy of that file. Respectfully submitted, Office of General Counsel By: �.►- %a \ <Q 1 Debra Sue Rand Assistant Counsel Attorney I.D. No. 41661 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: November 18, 2014 IN THE COURT OF .COMMON PLEAS OF CUMBERLAND COUNTY Bryan Angle, Plaintiff, v. Zakarelli, Griffen, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Jane Doe 5, Defendants No. 13-6621 UNSWORN DECLARATION OF TRACY WILLIAMS I, Tracy Williams, hereby declare under penalty of perjury under 28 U.S.C. § 1746 that the following statements are true and correct to the best of my personal knowledge, information and belief: 2. I am employed as an Administrative Officer 3 with the Pennsylvania Department of Corrections, Secretary's Office of Inmate Grievances and Appeals ("SOIGA"). 3. In that capacity I have access to the official files of final inmate grievances filed by inmates. 4. The Pennsylvania Department of Corrections' administrative directive entitled "Inmate Grievance System," DC -ADM 804 ("804"), provides a multi- step administrative grievance appeal process that was established to ensure that inmates have an avenue through which to resolve issues relating to their incarceration. 5. Pursuant to the 804, inmates first file grievances with their institution's Grievance Coordinator. 6. If the inmate is dissatisfied with the initial review provided by the grievance coordinator or the rejection of their grievance, the inmate is permitted to file an appeal of the decision with the institution's Facility Manager (Superintendent). 7. Upon receiving a decision from the Superintendent, the inmate, if still dissatisfied, must file a request for final review with SOIGA within 15 working days. 8. The current section of the grievance policy is attached to this Declaration as Ex. A, and the 15 working day appeal period was the same one in effect in 2011. 9. I have been requested by Counsel for the Defendants in the above -captioned matter to obtain the grievance file for Plaintiff Bryan Angle HY-2333 for Grievance No. 353037, which concerns an alleged claim of excessive force against Plaintiff on January 3, 2011. 10. A copy of that file is attached to this Declaration as Ex. B. 11. The official SOIGA records show that Plaintiff's appeal 'to SOIGA, dated January 1, 2012, from a decision made on August 1, 2011, was dismissed as untimely. 12. I certify to the best of my knowledge, information, and belief that attached grievance file was produced from SOIGA's official file for Plaintiff and was: a. made at or near the time of the occurrence of the matters set forth by a person with knowledge of those matters; and b. kept in the course of the regularly conducted activities of the Department; and c. maintained by regularly conducted activities of the Department. Dated ll- /4-- Zo/¢ Tracy Wil ' ams Secretary's Office of Inmate Grievances and Appeals PA Department of Corrections DC -ADM 804, Inmate Grievance System Procedures Manual Section 2 — Appeals Coordinator within 20 working days may result in the property being destroyed with no notice to the inmate. B. Appeal to Final Review 1. Inmate Responsibilities a. The decision from the appeal to the Facility Manager must be received by the inmate before an appeal to Final Review can be sought. b. Any inmate who is dissatisfied with the disposition of an appeal from the Facility Manager may submit an Inmate Appeal to Final Review (Attachment 2-E) within 15 working days from the date of the Facility Manager/designee's decision. Only issues appealed to the Facility Manager may be appealed to Final Review. c. A time extension for filing a grievance appeal to final review will be considered on a case by case basis. The inmate must notify the Facility Grievance Coordinator of the reason for the delay. The Chief Grievance Officer/designee will consider the reason given and also consider if the delay was caused by: (1) a temporary transfer from the facility where the grievance appeal should have been filed; (2) a permanent transfer to another facility from the facility where the grievance appeal should have been filed; ATA for an extended period; another delay with mail delivery; or any other reason the Chief Grievance Officer/designee deems appropriate. (3) (4) (5) NOTE: If it is determined that a delay was caused by a circumstance listed above, a reasonable extension of time for filing shall be permitted. d. An appeal to Final Review will not be permitted until the inmate has complied with all procedures established for Initial Review in accordance with Section 1 of this procedures manual and for Appeal to the Facility Manager in accordance with Subsection A. above. e. Each appeal must: (1) be clearly labeled as an appeal at the top of the document; (2) include the grievance number at the top of the document; 2-4 Issued: 3/31/2014 Effective: 5/1/2014 1 EXHIBIT A DC -ADM 804, Inmate Grievance System Procedures Manual Section 2- Appeals (3) be legible, understandable, and presented in a courteous manner; (4) not exceed two pages (two one-sided or one double -sided 8 1/2" x 11" page); (5) contain reason(s) for appealing the Facility Manager/designee's decision; (6) be handwritten or typed on writing paper or submitted on the Inmate Appeal to Final Review (Attachment 2-E); (7) If the inmate is appealing a determination of frivolousness, he/she must clearly indicate that he/she is appealing that determination; (8) only one grievance may be appealed on a piece of paper unless combined by the Facility Manager/designee; and (9) only one appeal of any Facility Manager/designee's response is permitted. f. Failure to comply may result in the appeal being dismissed. g. An inmate filing an appeal related to a claim of missing property must provide documentation such as a DC -153A, Personal Property Inventory Sheet, Confiscated Items Receipt or a Commissary/Outside Purchase Form for evidence or proof that property items were once in his/her possession. Failure to do so may result in dismissal of the appeal. h. Every appeal to Final Review must be addressed to the following: Chief, Secretary's Office of Inmate Grievances and Appeals Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 Failure to properly address the appeal will delay the process. i. An inmate appealing a grievance to Final Review is responsible for providing the SOIGA with all required documentation relevant to the appeal. A proper appeal to Final Review must include: (1) a legible copy of the Initial Grievance; (2) a copy of the Initial Review Response/Rejection; (3) a legible copy of the Inmate Appeal to the Facility Manager; (4) a copy of the Facility Manager/designee's decision; (5) a written appeal to the SOIGA; Issued: 3/31/2014 Effective: 5/1/2014 2-5 • DC -ADM 804, Inmate Grievance System Procedures Manual Section 2 — Appeals (6) failure to provide any of the documentation noted above may result in the appeal being dismissed; and (7) the copies of the Initial Review Response/Rejection and the Facility Manager/designee's decision cannot be handwritten. An indigent inmate as defined in Department policy DC -ADM 803, "Inmate Mail and Incoming Publications," will be afforded copy service and legal postage up to a maximum of $10.00 per month and all money received in the inmate's account shall be used to pay for the cost of the copies and legal postage. A non -indigent inmate will incur copying charges in accordance with Department policy 3.1.1, "Fiscal Administration." k. Any documentation submitted in support of the appeal to Final Review will become part of the official record and will not be returned. The inmate should make copies of supporting documents, including facility documents, prior to submission to Final Review. 2. Staff Responsibilities a. The SOIGA will ensure that: (1) an appeal to Final Review is responded to within 30 working days of receipt unless otherwise extended; (2) an appeal and response are properly maintained in the Automated Inmate Grievance Tracking System; and (3) The Chief of SOIGA may authorize an extension of up to 10 additional working days if the investigation of the appeal is ongoing. If an extension is necessary, the inmate shall be advised in writing. This may be done using the Extension Form (Attachment 1-E). b. Upon request, the Facility Manager will forward to the SOIGA a copy of any formal investigation related to a grievance. c. The SOIGA will review the DC -804 Part 1, the Initial Review Response/Rejection, the Inmate Appeal to the Facility Manager, the Facility Manager's Appeal Response, any investigative report(s), any attached exhibits and the Inmate Appeal to Final Review. d. Upon completion of the review, SOIGA will respond directly to the inmate in all cases using the Final Appeal Decision (Attachment 2-F) or the Final Appeal Decision Dismiss (Attachment 2-G). If the inmate is released/paroled, he/she must provide a forwarding address to SOIGA. SOIGA will forward the Final Review response to the 2-6 Issued: 3/31/2014 Effective: 5/1/2014 DC -ADM 804, Inmate Grievance System Procedures Manual Section 2 — Appeals address provided or, if no address is provided, to the last address of record for the inmate. e. SOIGA will issue a decision with one of the following dispositions: Uphold Response, Uphold Inmate, Dismiss, or Uphold in Part/Deny in Part. (1) The Chief/designee, SOIGA, shall notify the inmate and the Facility Manager of the decision and rationale. (2) If the decision consists of amending or remanding the grievance, or if the decision is to uphold the inmate, the appropriate Deputy Secretary shall also be notified. (3) In any instance where a determination of frivolousness is overturned, the Facility Grievance Coordinator shall also be notified. (4) Alternatively, the Chief Grievance Officer/designee may remand the grievance to the Facility Manager for further investigation/reconsideration and/or may review/refer an appeal to a different bureau. f. Referrals (1) When an appeal is referred to a bureau for review (health care issues with the Bureau of Health Care Services (BHCS), education issues with the Bureau of Correction Education (BCE), etc.) notification of the referral will be provided to the appropriate bureau on the Grievance Referral (Request to Bureau/Office) (Attachment 2-H) (2) Notification of the referred grievance will be provided to the inmate on the Grievance Referral (Notice to Inmate) (Attachment 2-1) (3) The review/referral may result in an extension to the time for submitting a Final Review response to the inmate. (4) Once a response from the relevant bureau is received by the SOIGA, a final review response will be issued to the inmate. g. Remand (1) When an appeal is remanded to the facility for further review notification of the remanded grievance will be provided to the Facility Manager/designee on the Remand Grievance - Notice to Facility Manager (Attachment 2-J). (2) Notification of the remanded grievance will also be provided to the inmate on the Remand Grievance - Notice to Inmate) (Attachment 2-K). 2-7 Issued: 3/31/2014 Effective: 5/1/2014 DC -ADM 804, Inmate Grievance System Procedures Manual Section 2 — Appeals (3) Once the investigation is completed, the Facility Manager/designee will provide a revised response to the inmate, with a copy to the Chief of SOIGA, within 15 working days. (4) If the inmate is dissatisfied with the revised response, he/she may appeal to Final Review again within 15 working days of the date of the revised response. The determination to remand the grievance may not be made the subject of a new grievance. h. The Chief, SOIGA, in consultation with the Secretary, shall take any action deemed necessary to ensure the integrity of this policy. This includes, but is not limited to: (5) (1) prohibiting the transfer of an inmate until the grievance procedure has been completed, including the appeal process; and (2) lifting a previously imposed grievance restriction. i. The Chief, SOIGA/designee shall notify the Facility Manager in those cases where the suspension of an inmate's transfer is being considered pending the disposition of the appeal process. j• If an inmate who has filed a grievance is transferred prior to the appeal process being completed, the inmate may continue to pursue the grievance or appeal by notifying the Facility Manager of the facility where the grievance was originally filed. Adjustments shall be made to the various time limitations in order to allow for review. C. State Intermediate Punishment (SIP) Appeals 1. A SIP participant may appeal an expulsion from the SIP program by filing a grievance to the Facility Grievance Coordinator of the facility housing the inmate within 10 days of the date of the expulsion. The Facility Grievance Coordinator will assign a number and forward the grievance to the Executive Deputy Secretary/designee for review and response in accordance with 37 Pa. Code §97.116. 2. The grievance must be legible and the statement of facts may not exceed two pages. 3. A participant is responsible for including all required documentation with the grievance. Failure to provide relevant documentation may result in the grievance being dismissed. 4. A participant who is indigent as defined in Department policy DC -ADM 803, will be afforded copy service and legal postage up to a maximum of $10.00 per month and all money received in the inmate's account shall be used to pay for the cost of the copies and legal postage. A non -indigent inmate will incur copying charges in accordance with Department policy 3.1.1. 2-8 Issued: 3/31/2014 Effective: 5/1/2014 2X112 - FINAL APPEAL DECISION Secretary's Office of Inmate Grievances & Appeals Pennsylvania Department of Corrections P.D.Box 5Q8.2520LiobunnRoad Camp Hill, PA 17001-0598 Ths serves to acknowledge receipt of your appeal to final review for the grievance identified below. In accordance with the provisions ofDC-ADM 8O4."Inmate GhevanoeGyotem.^this Office has reviewed aUdoou[ne�oprovided aspa�of deo��n�fth��dfk�rb�n�dis review due to a failure to comply with the provisions of the DC -ADM 804, as specified below. al�" � � � DLV/KLM cc: O[-15/SupahntendentSauers Superintendent Southers Grievance Office EXHIBIT B Dismiss 1) Your grievance was properly rejected at the facility level for the outlined below. X 2) Your grievance is being dismissed at the final appeal level for the reason(s) outlinebelow. 1.Grievances in the policies related to the following issues shall be handled according to procedures specified listed and shall not be reviewed by the Facility Grievance Coordinator. o)DC-ADM 8D1.'Inmate Procedures b\DC-ADM 8O2."Administrative Custody Procedures ~ 2. Grievance does not indicate that you were personally affected by a Department or facility action or policy. 3. Group grievances are. prohibited. 4. The grievance was not signed and/or dated with correct commitment name, number, contained UCC references, or was not presented in proper format. 5. Grievance or appeal was not legible, understandable, or was not presented in a courteous manner. 6. Grievance or appeal exceeded two pages (was too lengthy). 7. Grievances based upon different events must be presented separately. X 8. Grievance or appeal was not submitted t!mely. 9. You are currently on grievance restriction and have already filed your allowable grievance. The last accepted grievance was # submitted on ' 10. Grievance or appeal must be reviewed through the facility at which the concern initiated. 11. The issue presented in your grievance has been reviewed and addressed in a previous grievance. Prior grievance # 12. The publleation appeal did not include a copy of the IPRC denial form. 13. You have not provided this Office with required documentation for proper review. 14. You failed to appeal to the Facility Manager, although you were reminded to do so. 15. An appeal to final review is not permitted when you fail to comply with submission procedures. 16. Grievance is related to current litigation and will not be addressed in this forum. Title: Chief Grievance Officer Date: 1/27/2012 DLV/KLM cc: O[-15/SupahntendentSauers Superintendent Southers Grievance Office EXHIBIT B ^ DC -804 COMMONWEALTH OF PENNSYLVANIA Part 1 DEPARTMENT OF CORRECTIONS P.O. BOX 598 CAMP HILL, PA 17001'0598' OFFICIAL INMATE GRIEVANCE CIAL USE NLY / YJ ')S . GRIEVANCE NBER ,/ TO: FACILITY GRIEVANCE 000RDINATOR FACILITY: e''���~' �~^15611 FROM: (INMATE N ME & NUMBER) � �2 l°���1 �� rr���__�� \ Z ~)a5 SIGNATUREINMATE: 4-",7/"---' VVDRK | NK4ENlt_ *' / / �� /^/ / /-v HOUSING ASSIGNMT: --~~�� ^- '~.°� �� �] lL/c�� INSTRUCTIONS: 1. Refer to the DC -ADM 804 for procedures on the inmate grievance system. . � ^'^ 2. State your grievance inBlock Ainabrief and undemtandab|ennannnr. / N 9°� '�'-."- 3. List in Biock B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have contacted. A. Provide a brief, clear OC'8O4form and one reb -QA MA t1\ ki 0A- VaL) -I I\ statement of iour grievance. Additional one-sided 8`/2^x11^pogo). State <CA:\ \ ,\ \tAcAgivA 'il`T' „. rpol e -VA.- k oP•oc)V' 0--‘ .-Q-\,t -act( paper may be used, maxmum two pages (one all relief that you are A??, -'2A\ `b\ -t% Y\ \" \."' 4' : a 10 g Qct c,t. T:=:, -e... i' V ,.... t V 0,--k (t -i" W 7>o\c-A-Ici (-'.-7-A\ PI:) AA. lr-ven,v--c, 41e -en Ooke- oiAl-el--,‘ cr7- )‘(-t ),rir\z oo_0\,0t B. Lis tions taken and staff you have contacted, before ) vmv...c-Al 0.1,`V"' ' . submitting ' grievance. et L 4.'- C) _o)k(t_d-- U D \— in,;9' Your grie ce has b n r oe ew. * " ^wo Signature of FacIity Grevance Coordinator .° 4,rg• ~ - - Date WHITE - Facility Grievance Coordinator Copy CANARY - Fie Copy PINK - Action Return Copy GOLDENROD - inmate Copy Revised 5 ::•••-,,• . _ - :.:: , • . - ' ...... DC -804 1. COMMONWEALTH Part 1 ' DEPARTMENT ,,,L,...1-*, CAMP—HILL,-P-A470131-0598 OF PENNSYLVANIA OF CORRECTIONS P. O. BOX 592 . . • • . i ' FOR QFFICJALUSE 0 Y --? 0 *? GRIEVANCE -NUMBER ' . . . • • . . •1' . . •-37f - , • OFFICIAL INMATE GRIEVANCE TO: FACILITY GRIEVANCE COORDINATOR • FACILITY: -.:C C.-- DATE: b • 00 fT .. • - FROM: .(INMATE NAME & NUMBER) -?:4V/ C'" "i-V•f STGNATURE of k • TE: W01< ASSIG N : HOUSING ASSIGNMENT: INSTRUCTIONS: 1. Refer to the DC -ADM 804 for procedures on the inmate grievance system. • 2. State your grievance in Block A in a brief and understandable manner: 3. List in Block B any actions you may have taken to resolve this matter. Be sure to include the identity of staff members you have contacted. A. Provide a brief, 'clear statement of four grievance. DC -804 form and one one-sided 8 / " x 11" On 1/34 1 UL3a 6.0. b3 e. 6, VP e)1,e,e—`Z5 a -k-EA. Ale., 0 0, VI krIng. 1,\ 6\. ir)‘7e,c`: i--, or avka &to/ -ed.. 1.1.' • ' t %1 kiR \r\•-cn 14-'4, A-Incro-,-.0-11/1-k .01 ki-, so .. _s),L.\-Alcn.-cd" ci1/4, ov3 01. 5 ---, A•otril El° -e.'Alk e-c,t;ji\u--.'-e-Dvj:9°.(-°' 1Irt:eu-&4' • levA- .e-ki4Tcu, -Vz iuf,'? yet if),4•6 -t-e 6t. lice - 6, ;-a ,,\ --1 Me, ' (A., L& C.CLAAti-1 Y\rve, ‘1.4? IA`1201 Additional paper may be used, page). Stateall relief that you are seeking. W -ti V-OrC4, , . 0,c1).- -84'cairAeiTs,446,4_0 NA.OA3 W Eqh CYL-'69(6 ' 0 A -e) Pi• CeA 0 A.010' e--- ? W,n, co, Joitav nag ctin \' 1•'\- 60 -571-e_.\-ti) • -• ..,-.7 • - -511)(Y) 6F1/ ,,,--:,(11-1, e'Z° N,02, A L4., 4-11 ' ., livi . GO \ vb i Obrn-t,ii/' maximum 1/Y1 \\)12. , t,A0- W, A-Aler1 4 c 6O an two pages `, MA (-4-1/1-t :,0-0-\--L , -(:),(n.c •i'a 1--vvtfi.st (one 4 yi.c e4. . ()Du 0 14IN B. List actions taken and staff you have contacted, beforqsubmitting this grievance. . . . /.....c_k_____•45.4- -1-7.\'t.) , • g • g_.- ----i • . jAN 2.8 2011 1 • . - . CV- -1-N,w) uapci. \\M-I-cD ' - •-17;,0 tf:tvcrq,:i.-- . . . .• . . . Your grievance has been received and will be processed in accordanceWith DCAQ.M: :J1,1 v„fr— Signature of racility Grievance Coordinator WHITE - Facility Grievance Goordinator.Copy CANARY - File Copy PINK - Action Return Copy GOLDENROD - Inmate Copy •Revised • April 2005 • pennsyLvania DEPARTMENT OF CORRECTIONS l RECEIVED �---_ SUPT. AUG - 2 2011 TO: Bryan Angle -HN -2333 SCI -Forest FROM: Lt. R. Evans DATE: • RE: August 1, 2011 Grievan MEMO Please be advisedthatthe Superintendent and or Office of Special Investigations and Intelligance has determined the investigation conducted by the Security Office satisfactory. Therefore, your allegation could not be substantiated and no further action will be taken. This written notification, per Policy 0.0.1., serves as your grievance response. RE(sb cc: A/Supt. Ditty L Taggart Deputy Southers Deputy Kezar Deputy Ditty Major Meintel Major Horner Security Office File SCI-Houtzdale I P.O. Box 1000 1 Houtzdale, Pennsylvania 16698-1000 1 814.378.1000 ( www.cor.state.pa.us • i • .IF pennsylvania DEPARTMENT OF CORRECTIONS MEMO TO: Bryan Angle-HY-2333 SC1- FROM: Lt. R. Evans DATE: August 1, 2011 RE: Grievance# 353037 Please be advised that the Superintendent and or Office of Special Investigations and Intelligance has determined the investigation conducted by the Security Office satisfactory.:herefore, your allegation could not be substantiated and no further action will be taken. This written notification, per Policy 0.0.1., serves as your grievance response. RE1sb cc: A/Supt Ditty I. Taggart Deputy Southers Deputy Kazar Deputy Ditty Major Meintet Major Homer Security Office File SCI-Houtzdale 1 P.O. Box 1000 1 Houtzdale, Pennsylvania 16698-1000 1 814.378.1000 1 www.cor.state.pa.us Facility Manager's Appeal Response SCI -Camp Hill 2500 Lisburn Road Camp Hill, PA. 17001 This serves to acknowledge receipt of your grievance appeal to the Facility Manager for the grievance noted ante -System Policy'—t', below. l n-aeeerdancc with the provisions of DCA e e 4 , If response is being provided based on a review of the entire record of this grievance. The review included your initial grievance, the Grievance'Of cer's response, your appeal to me and any other documents submitted. •lnmatepName Bryan Angle i., nrraate Number A HY-2333 acility•x „ SCI Camp Hill/SCFForest:. Uni#;1_ocattot% Grevanc353037 _ '«Es : • x: (m b � '� reH:. y s "�ua J�'!i .P. i .Y'^f b c 4 Jai •Publ�catlon (if$appiicable) � ������' ���..������� �`` � �.. ` ��s�- �� ��;� � Decisio X Uphold Response (UR) • Uphold in part/Deny in part • Uphold Inmate (Ul) • Dismiss/Dismiss Untimely It is the decision of this Facility Manager to uphold the initial response, uphold the inmate, dismiss, or Uphold in part/Deny in part. This response will include a brief rationale, summarizing the conclusion, any action ' taken to resolve the issue(s) raised in the grievance and your appeal and relief sought. Response _ : . A . .: uoious In regards to Grievance your allegations cannot Hill Security Office allegations. Your If you want to pursue and Appeals. Signature: 353037 the Office of Special Investigations and Intelligence has determined that be substantiated and that no further action will be taken. Additionally, the SCI Camp reviewed the Special Management Unit Area Video and found no evident to support your appeal is denied. . this issue you will need to appeal this to the Secretary's Office of Inmate Grievances Title: Acting Superintendent Date: cc:`' DC -15 File 3 "/ . ili t<.�.ti .-.. � . .i:.�J"�I � r �i :.z ti.ir•i:i.0 'J.t .�i„iu� �•i:t rtt.f�iJ. DC ADM 804, inmate. Grievance System Procedures Manual Section 2– Appeals Issued: 12/1/2010 Effective: 12/8/2010. . Attachment 2-B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Bryan Angle, Plaintiff, v. Zakarelli, Griffen, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Jane Doe 5, Defendants No. 13-6621 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Submission of Inmate Grievance Packet in Compliance with Court Order upon the person(s) and in the manner indicated below. Bryan Angle, HY2333 SCI -Forest P.O. Box 945 Marienville, PA 16239 Dated: November 18, 2014 L/i Mary E."\7arner Legal Assistant Pennsylvania Department of Corrections Office Chief Counsel