HomeMy WebLinkAbout06-0314t V
MARK WALLACE EW-1168
1000 FOLLIES ROAD
DALLAS, PA. 18612
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
MARK WALLACE, a/k/a
MARK GREEN
Plaintiff,
V.
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCHNER WARDEN, et al.,
CIVIL ACTION NO. o6 3'14
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN (20) DAYS AFTER THIS COMPLAINT AND NOTICE IS ARE SERVED,
BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO
THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL
TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
ONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER
RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TOT PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street., Carlisle, Pa. 17913
1-800-990-9108
MARK WALLACE EW-1168
1000 FOLLIES ROAD
DALLAS, PA. 18612
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
MARK WALLACE EW-1168
Plaintiff,
CIVIL ACTION
V.
SCI-CAMP HILL, WARDEN DONALD
KELCHNER, PROPERTY ROOM OFFICER, :
ROBERT STEVENS UNIT MGR, D.O.C.
NO. V L - 1Y
COMPLAINT
1. Plaintiff Mark Wallace is a citizen of the Commonwealth
of Pennsylvania with his address at 1000 Follies Road, Dallas,
Pa. 18612
2. Defendants, are the SCI-Camp Hill, Warden Kelchner,
Property Room Officers, Department of Corrections, and all are
individuals and citizens of the Commonwealth of Pennsylvania and
employed by the D.O.C. and the principle office is at 2520 Lisburn
Road Camp Hill, Pa. 17001.
3. On or about 4/23/02, the plaintiff was called to the
property room at SCI-Camp Hill and he was told to bring all of
his personal and legal property. When plaintiff arrived he
entrusted the property room officers with securing his property.
On this date plaintiff turned over all of his personal and legal
property which included but not limited to:
1. Food items which amounted to $50.00.
2. Personal Clothing including sweat pants, sweat shirt,
and under clothing which amounted to $35.00.
3. Legal documents such as transcripts from (2) two different
trial with preliminary hearing notes as well. The total number
of transcripts came to over 2000 pages and costs would be estimated
at $5.00 per page.
4. There were about 350 miscellaneous papers and photographs
of plaintiff's family and it was approximately 50 photos or more,
and we calculate each picture to be worth $35.00 per picture,
and the miscellaneous papers would consist of work product and
discover and we believe should be counted as $20.00 per page for
work product.
5. Because these items were allegedly destroyed while in
the D.O.C. custody we believe that the D.O.C. is responsible for
the full value of the items that were destroyed. In addition be
advised that the property room officers verified that the plaintiff
did have alot of property that was destroyed.
6. I arrived back from writ to Camp Hill on 4/20/04, and
none of the property was retainable, and I was told that I would
be reinbursed for my property.
7. I have exhausted my administrative remedies on the issue
of the property in question, however, the facility manager along
with the Secretary's Office of Inmate Appeals have failed to
respond to my appeals to these offices in an effort to obstruct
my exhaustion, however the Third Circuit has said that once a
petitioner has presented his claims to the officials in charge
exhaustion is met.
8. The property room officers have a responsibility to
inventory and secure the personal property of inmates confined
within the Camp Hill prison and when the property, left in there
custody is destroyed through know fault of the inmates but by
negligence on the part of the D.O.C. they are responsible for
reinbursement of funds to cover the costs for the destroyed
property.
9. The Facility Manager Donald Kelchner is at fault and
responsible for not ensuring that policies and procedures ensure
that inmates property is secure. In addition, the Warden Kelchner
has attempted to cover up this failure to secure inmates property
and he has attempted to obstruct the plaintiff's review of his
claims by not responding to appeals to his office. The Unit Manager
Robert Stevens, is also responsible for his actions in not timely
responding to the grievances and because he also attempted to
obstruct the plaintiff's legal attempts to get review of his claims
through the established administrative procedures.
The defendants were careless and negligent under the
circumstances and the failure of the defendant Kelchner to insure
that the Facility had a safe and secure location for personal
property was a deriliction of duty and caused plaintiff prejudice
and injury because these documents were important to plaintiff's
cause and prosecuting his appeals which were hampered because
he did not have his transcripts.
WHEREFORE, Plaintiff prays for judgment against the defendants
in there individual and official capacity in the amount of
$8,000.00 plus plaintiff request attorney fees and court costs
for bringing this action along with postage and copying fees.
Respectfully submitted,
By: 17Z
IN THE COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
MARK WALLACE, a/k/a
MARK GREEN
V.
NO.
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCHNER WARDEN, et al,.
I, Mark Wallace, do hereby verify that the statements made in
this civil action are true and correct to the best of my knowledge
and I understand that any false statements made herein are made
subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Date: Ou, tq 20or
BY- A
MARK WALLACE EW-
1168 SCI-DALLAS
1000 FOLLIES ROAD
DALLAS, PA. 18612
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t of Pennsylvania
Court of Common Pleas of Cumberland County
Civil Trial Division
MARK GREEN
MARK WALLACE a/k/a
(yourname)
1000 FOLLIES ROAD
DALLAS, PA. 18612
(full address)
(area code and telephone number)
Mnnu wnr r a('F
Plaintiff(s)
vs.
SCI-CAMP HILL, WARDEN KELCHNER,
PROPERTY ROOM OFFICERS, UNIT
MANAGER ROBERT STE ENS n OC
IET AL.,
Defendant(s)
AND NOW, this
day of
hereby ORDERED AND DECREED that:
(month)
Term, 20
(year)
20 , it is
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. Y
pro se
eFrrae1.10r2 o >
Court Term 20 and No.
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 parry's
financial circumstances that will enable the parry to pay costs.
BY THE COURT:
Page 2 of 11
Judicial District of Pennsylvania
Court of Common Pleas ofcumberlanda County
Civil Trial Division
MARK GREEN a/k/a
MARK WALLACE EW-1 1 68 pro se
(your name)
1000 FOLLIES ROAD
DALLAS, PA. 18612
(full address)
(area code and telephone number)
TERM, 20
(month) (year)
MARK WALLACE
Plaintiff(s)
vs.
SCI-CAMP HILL, WARDEN KELCHNER,
PROPERTY ROOM OFFICERS, U/M
ROBERT STEVENS, ET AL.,
Defendant(s)
NO.
Petition to Proceed In Forma Pauperis
and Aout ftment of Bon
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Petitioner, (your name) MARK WALLACE - - seeks
(please print your name)
leave to proceed in this matter in forma pauperis, and respectfully represents that:
1. I am the (indicate plaintiff or defendant) Plaintiff - in these
proceedings.
Page 3 of 11
Court Term 20 and No.
2. Ireside at(state yourfulladdress) 1000 Follies Road Dallas, Pa. 18612
3. I have listed my sources and amounts of income truly and correctly on the
attached affidavit.
4. I have the following average monthly expenses for the indicated items:
Housing: D Insurance: 6)
Utilities`: D Transportation: V
(Gas): Medical:
(pig: fj Loans:
(Electric): O Laundry:
(Phone): Child Care:
Food: Child Support: a
Clothing: 0
5. I neither own nor have equity in any assets other than the following (state values in
dollars): r b ne-
6. I am unable to pay the costs of these proceedings or to obtain the amount of costs
from family or friends.
Page 4 of 11
Court Term 20 and No.
WHEREFORE, Petitioner prays that he/she be permitted to proceed in this matter in
forma pauperis and without the payment of bond.
fil9 Kt W4 114 e e,
Petitioner (Print your name)
-"Yntcr,FZ (.Ua?-CCt-2-2
Petitioner (sign your name)
Page 5 of 11
Judicial District of Pennsylvania
Court of Common Pleas dCumberl<and County
_ Civil Trial Division
MARK GREEN a/k/a
MARK WALLACE pro se
(your name)
1000.FOLLIES ROAD
DALLAS, PA. 18612
(full address)
(area code and telephone number)
MARK WALLACE
TERM, 20_
(Pear)
(Month)
Plaintiff(s)
vs.
SCI-CAMP HILL, WARDEN KELCHNER,
PROPERTY ROOM OFFICERS, U/M
STEVENS, D.O.C. et al.,
Defendant(s) NO
Petitioner's Affidavit
Pursuant to PA. R.C.P. 240
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTYOF
1. I MARK WALLACE am the (Plaintiff) (Defendant)
(circle one)
in the above matter and because of my financial condition am unable to pay the fees
and costs of prosecuting or defending the action or proceeding.
Page 6 of 11
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct:
(a) Name: MARK WALLACE
Address: 1000 FOLLIES ROAD DALLAS, PA. 18612
Social Security# 255-06-0785
(b) EMPLOYMENT
If you are presently employed, state:
Employer : p 1 a-
Address: Il
Salary/wages
Per Month: O
Type of Work: Vl
If you are presently unemplaye4 state.
Date of last Employment: n o
Salary/Wages
Per Month:
Type of Work: n 1 to
(c) OTHER INCOME WITMIN THE PAST TWELVE (I2) MONTHS
(state as dollar amounts)
Business or Profession: n L A
Other Self-employment: f)
Page 7 of 11
Interest: r?
Dividends:
Pension and Annuities: n I ?l
Social Security Benefits: n j A
Support Payments: { V / >R
Disability Payments: /1 l
Unemployment Compensation &
Supplemental Benefits: h r
I
Workmans' Compensation: ri /A
Public Assistance: /I/ fq
Other: 0
(d) OTHER CONTRIBUTIONS TO HOUSEHOLD SUPPORT (state as dollar amounts)
(Wife) (husband) (Friend) Name: h1 d
If your (wife) (husband) (friend) is employed, state:
Employer: N l1?
Salary/Wages
Per Month: N ` !$
Type of Work: n
Contributions
From Children: I 1 `??
Contributions
From Parents:
Other Contributions: Vl.?
(e) PROPERTY OWNED (state as dollar amounts)
Cash:
Page 8 of 11
Checking Account: rl o V1-C
Savings Account: D16 V)
Certificates of Deposit: (lop) C
Real Estate
(Including Home): YLb d) k
Motor Vehicle: Make /1.1 yi Year
Cost $ - Amount Owed $
Stocks & Bonds:
Other: /l (t}
(f) DEBTS AND OBLIGATIONS (state as dollar amounts)
Mortgage: ?1 b VL'L
Rent: py 0 r-c
Loans: a?
Other:
(g) PERSONS DEPENDENT UPON YOU FOR SUPPORT
(Wife) (Husband) Name: /1) I ,q
Children, if any: dl / /'t Age i3 /.
Age l1 /?
d1 ! d3 Age n /
l Age
Other Persons:
Name:
Page 9 of 11
l
Relationship:
rJb Vv is
4. I understand that I have a continuing obligation to inform the Court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn
falsification to authorities.
Dated: 14af7( klt F//Qe2
J l
Petitioner (Print your name)
Petitioner (Sign your name)
Page 10 of 11
Certificate of Service
I hereby certify that I have served a copy of this petition upon all other parties or their
attorney of record by:
Please check.-
VI"' Regular First Class Mail
Certified Mail
Other
act&k wu?l? cc
Name of Petitioner (Print Name)
Signature of Petitioner (Sign your name)
Dated: ?eL1G`?
Page 11 of 11
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8-SEP-2005 15:40
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Inmate Detail
PID: 684942
684942 0520270 CEDE GREEN, MARK Currant Balance s 0.00
Transaction Details: Running
Seq No Oate(Time Type Status Check Description $Disburse $Receipt $ Balance
1 10/2411998 16:38 OPENING POSTED Property received Admission 17.00 17.00
Rof No: 175363V
2 08(1]/1999 00:33 OPENING POSTED Property received - Admission 0.00 17.00
Ref No: 000030044V
3 08/20/1999 16:54 VISIT POSTED Property received - Visitor 40.00 57.00
Hof No: 000030716V
4 08/25/1999 03:23 PURCHASE POSTED Commissary Purchase K1016536 49.15 7.85
5 08/25/1999 15:40 MAR POSTED Property received - Mail 10.00 17.85
Comment: V14930352
Pet No: 000031474V
6 08/3111999 07:29 MAIL POSTED Property received - Mail 60.00 77.95
Comment: 9176372229
Met NO: C00032416V
7 08/31/1999 15:48 PURCHASE POSTED Commissary Purchase K1019779 17.74 60.11
8 0910311999 19:51 VISIT POSTED Property received - Visitor 20.00 80.11
Ref No: 000033157V
9 09/06/1999 12:33 PURCHASE POSTED Commissary Purchase K1023986 35,35 44.76
10 0911411999 13:00 PURCHASE POSTED Commissary Purchase K1027248 13.24 31.52
11 09116/1999 13:31 JOURNAL POSTED CFCF DAILY NEWS 9-20 TO 9-25 3.60 27.92
12 10/26/1999 19:21 PURCHASE POSTED Commissary Purchase K1049997 26.38 1.54
13 1013011999 09:23 MAIL POSTED Property received - Mail 30.00 31.54
Comment: V10360990
Ret No: 000042263V
14 10/3011999 19:24 MAIL POSTED Property received - Mail 25.00 56.54
Comment: 84211193340
Ref No: 000042352V
15 1013011999 19:37 MAIL POSTED Property received Mail 35.00 91.54
Comment: 84210516156
Ref No: 000042360V
16 1110211999 20:49 PURCHASE POSTED Commissary Purchase K1053681 1.42 90.12
17 11/09/1999 19:52 PURCHASE POSTED Commissary Purchase K1057182 $2.96 37.16
18 11/13/1999 19:45 MAIL POSTED Property received Mail 10.00 47.16
Comment: 01315653783
Met No: 000044584V
19 11/16/1999 18:58 PURCHASE POSTED Commissary Purchase K1060836 25.71 21.45
20 11/3011999 20:25 PURCHASE POSTED Comm155ary Purchase K1068021 16.14 5.31
21 11/30/1999 20:25 SALESTAX POSTED Commissary Tax K1068021 0.13 5.18
22 12/07/1999 20:00 PURCHASE POSTED Commissary Purchase K1071393 3.22 1.96
23 12/13/1999 11:30 TAKDREOIT POSTED to 0.13 2.09
24 12/17/1999 19:46 MAIL POSTED Property received - Mall 40.00 42.09
Comment: 0267144955
Ref ho: 000050220V
25 12/27/1999 17:11 PURCHASE POSTED Commissary Purchase K1082595 34.61 7.48
26 12/28/1999 18:18 MAIL POSTED Property received - Mail 10.00 17.48
Comment: 01317643558
Ref No: 000051695V
27 12/2811999 18:23 MAIL POSTED Property received - Mail 10.00 27.48
Comment: 7306742122
Ref No: 000051699V
28 01/11/2000 15:19 MAIL HOSTED Property received . MSil -5.00 32.48
B-SEP 2005 15:40 Page 2
Comment: 01311641010
Ref NO: 000053839V
29 01/2112000 16 :11 MAIL POSTED Property received - Mail 25 .00 9 .48
Comment: 01381431835
Ref NO: 000055363V
30 0112112000 19 :14 VISIT POSTED Property received - Visitor 25 .00 82 .48
Ref No: 000055421V
31 01126/2000 04 :44 PURCHASE POSTED Commissary Purchase K1095078 25.27 59 .21
32 01/2612000 15 :06 MAIL POSTED Property received - Mail 10 .00 67 .21
Comment: 7303268410
Ref NO: 000056188V
33 02101/2000 07 :28 PURCHASE POSTED Commissary Purchase K1098277 37.03 30 .18
34 02108(2000 113 :27 MAIL POSTED Property received - Mail 30 .00 60 .18
Comment: 01382084446
Ref No: 000057905V
35 020112000 15 :54 VISIT POSTED Property received - Visitor 30 .00 90 .18
Ref No: 000058486V
36 02115/2000 15 :50 MAIL POSTED Property received Mail 10. 00 1DO .18
Comment: 01382914798
Ref No: 000059103V
37 02/15/2000 16 :44 PURCHASE POSTED Commissary Purchase K1105963 41.43 58 .75
38 020312000 15 :59 JOURNAL POSTED OF DAILY NEWS 2/28 - 3/4 3.60 55 .15
39 02/2912000 22 :10 PURCHASE POSTED Commissary Purchase K1114128 28.69 26. 46
40 03/03/2000 17 :48 MAIL POSTED Property received - Mail 30. 00 56 .46
Comment: 01732059450
Pet NO: 000062056V
41 03/1312000 09: 34 JOURNAL POSTED CF DAILY NEWS 3/13 TO 3118 3.60, 52. 86
42 0411312000 OO' AS PURCHASE POSTED Commissary Purchase Kl137634 38.76 14. 10
43 04/1412000 19: 38 VISIT POSTED Property received - Visitor 50. 00 64. 10
Comment: AC71543786A
Ref NO: 000069437V
44 04119/2000 01: 42 PURCHASE POSTED Commissary Purchase K1140847 14.09 50. 01
45 04/19/2000 16: 15 MAIL POSTED Property received - Mail 10. 00 60. 01
Comment: 01733033722
Ref No: 000070121V
46 0412012000 18: 20 JOURNAL POSTED OF DAILY NEWS 4124 TO 4/29 3.60 56. 41
47 04/2712000 15: 48 JOURNAL POSTED OF DAILY NEWS 5/1 TO 5/6 3.60 52. 81
46 04/28/2000 07: 34 MAIL POSTED Property received - Mail 20. 00 72. 81
Comment: 01733040314
Ref No: 000071672V
49 05/02/2000 02: 44 PURCHASE POSTED Commissary Purchase K1147328 45.10 27. 71
60 06/0612000 17: 04 MAIL POSTED Property received - Mail 20. 00 47. 71
Comment: 01734432028
Ref No: 000078072V
51 0610612000 17: 50 3URCHASE POSTED Commissary Purchase 0167349 -27.26 20. 45
52 06/0912000 19: 24 VISIT POSTED Property received - Visitor 20.00 40. 45
Rat NO: 000078703V
53 0611212000 16: 49 MAIL POSTED Property received Mail 25.00 65. 45
Comment: 02767122613
Rot No: 000079115V
54 0611412000 02: 58 PURCHASE POSTED Commissary Purchase K1172036 19.76 45. 69
55 06/15/2000 16: 55 MAIL POSTED Property received - Mail 5.00 50. 69
Comment: 01796125670
Ref No: 000079627V
56 06121/2000 21: 25 OPENING POSTED Property received - Admission 0.00 50. 69
Ref No: 000090353V
8-SEP 2005 15:40
Page 3
57 08121/2000 22: 00 OPENING POSTED Property received - Admission 0.00 50. 69
Ref No: GOOOD0361V
58 0612312000 03: 25 PURCHASE POSTED Commissary Purchase K1210092 41.75 8. 94
59 08/2512000 21: 20 MAIL POSTED Property received - Mail 5.00 13. 94
Comment: 01975612140
Ref No: 000091177V
60 08/30/2000 03: 01 PURCHASE POSTED Commissary Purchase K1213881 8.91 5. 03
61 08/30/2000 09: 05 MAIL POSTED Property received Mail 15.00 20. 03
Comment: 01975638306
Ref NO: 000091060V
62 09/01/2000 15: 41 MAIL POSTED Property received - Mail 5.00 25. 03
Comment: 01796117128
Ref No: CDO092182V
63 09/02/2000 08: 52 MAIL POSTED Property received - Mail 10.00 35. 03
Comment: 01796111976
Get NO: 000092316V
64 09/05/2000 10: 16 PURCHASE POSTED Commissary Purchase K12169W 25.00 10. 03
65 0910712000 08: 50 MAIL POSTED Property received - Mail 20.00 30. 03
Comment: 01976777967
Get No: 000093042V
66 0911112000 14: 09 REFUND POSTED DOMmi3Sary Refund K1216936 25.8 55. 03
67 09/12/2000 19: 30 PURCHASE POSTED Commissary Purchase K1220753 35.02 20. 01
68 09/15/2000 15: 27 MAIL POSTED Property received - Mail 100.00 120. 01
Comment: 01976788BB8
Get NO: 000094486V
69 09/20/2000 05: 42 PURCHASE POSTED Commissary Purchase K1225486 19.55 100. 46
70 0912012000 05: 42 SALESTAK POSTED Commissary Tax K1225486 0.15 100. 31
71 09/21/2000 18: 16 PAYROLL POSTED LABOR DAY TOURNAMENT 82-1 4.00 104. 31
Get NO: FACILITY
72 0912212000 08: 19 JOURNAL POSTED CECE DAILY NEWS 9125 TO 9/30 3.60 100. 71
73 01/23/2001 00: 43 OPENING POSTED Property received - Admission 0.00 100. 71
Ret No: COG114690V
74 01/26/20111 14 :32 VISIT POSTED Property received - visitor - 60 .00 160 .71
Pet No: 000115338V
75 010012001 03 :44 PURCHASE POSTED Commissary Purchase K1299480 - 59 .78 100 .93
76 02/0512001 14 :25 OPENING POSTED Property received - Admission 0 .00 100 .93
Rat No: 000116908V
77 02106/2001 03 :23 PURCHASE POSTED Commissary Purchase K1303412 28 .14 72 .79
78 02/12/2001 13 :47 REFUND POSTED Commissary Refund K1303412 28 .14 100 .93
79 D511412001 22 :15 OPENING POSTED Property received - Admissllh 0 .00 100 .93
Rot No: 000133932V
80 05116/2001 02 :44 PURCHASE POSTED Commissary Purchase K1360530 53 .29 47 .64
81 0511812001 17 :39 VISIT POSTED Property received visitor 30. 00 77 .64
Ref No: 000134622V
82 05/23/2001 05 :16 PURCHASE POSTED Commissary Purchase K1364774 29. 90 47 .74
83 05)25)2001 16 :09 MAIL POSTED Property received - Mail 20. 00 67 .74
Comment: 03096443691
Rat N0: 000135769V
64 0512512001 17 :36 VISIT POSTED Property received - Visitor 20. 00 87 .74
Pet No: 000136826V
85 05/29/2001 01: 50 PURCHASE POSTED Commissary Purchase K1366388 24. 01 63 .73
86 05130)2001 14: 31 REFUND POSTED Commissary Rotund K1366388 24. 01 87. 74
87 06104/2001 18: 49 PURCHASE POSTED Commissary Purchase K1370447 49. 66 38. 08
88 06/08/2001 20: 31 MAIL POSTED Property received - Mail 10. 00 48. 08
Comment: 030997971444
Ref NO: 000138128V
8-SEP-2005 15:40 Page 4
89 060212001 17: 46 PURCHASE POSTED Commissary Purchase K1375392 36.19 11 .89
90 0611612001 07: 53 MAIL POSTED Property received - Mail 20 .00 31. 89
Comment: 03315603782
Het No: 000139342V
91 06/19/2001 04: 38 PURCHASE POSTED Commissary Purchase K1379215 17.36 14. 51
92 06/2012001 08: 36 MAIL POSTED Property received - Mail 20 .D0 34. 51
Comment: 03096349007
Het No: 000139877V
93 06/26/2001 17: 23 MAIL POSTED Property received - Mail 20 .00 54. 51
Comment: 03315923255
Het No: 000141010V
94 07/03/2001 03: 04 PURCHASE POSTED Commissary Purchase K1387304 40.61 13. 90
95 0711012001 02: 48 PURCHASE POSTED Commissary Purchase K1390867 9.14 4. 76
96 07/10/2001 20: 45 MAIL POSTED Property received - Mail 95. 00 99. 76
Comment: 03427774356
Rat No: 000143338V
97 07/1312001 18: 49 VISIT POSTED Property received - Visitor 15. 00 114. 76
Rat No: 000143692V
98 0711712001 03: 41 PURCHASE POSTED Commissary Purchase K1395043 34.66 60. 10
99 07/19/2001 15: 16 JOURNAL POSTED CFCF DAILY NEWS, 7/23-28 3.60 76. 50
100 07/23/2001 14 :47 PAYROLL POSTED CF-JULY 4TH TOURNAMENT-D1 P2 6.00 82 .50
ROT No: FACILITY
101 07/24/2001 05 :28 PURCHASE POSTED Commissary Purchase K1399045 16.56 65 .94
102 07/26/2001 14 :18 JOURNAL POSTED CFCF DAILY NEWS 7130 8)04 3.60 62 .34
103 07131/2001 05 :09 PURCHASE POSTED Commissary Purchase K1402951 28.32 34 .02
104 08/02/2001 10 :49 JOURNAL POSTED CFCF DAILY NEWS, 8/6 - 8/11 3.60 30 .42
105 08/07/2001 02 :36 PURCHASE POSTED Commissary Purchase 6140T023 13.79 16 .63
106 0810812001 15 :59 MAIL POSTED Property received - Mail 40.00 56 .63
Comment: 03430102590
Ref No: 000148255V
107 08/0912001 14 :23 JOURNAL POSTED CFCF DAILY NEWS 8/1318 3.60 53 .03
108 0811412001 07 :56 PURCHASE POSTED Commissary Purchase K1411032 12.18 40. 85
109 08/1512001 18: 56 MAIL POSTED Property received - Mail 40.00 80. 85
Comment 03427713371
ROT No: 000149492V
110 08/1612001 09: 46 JOURNAL POSTED CFCF DAILY NEWS 8120-25 3.60 77. 25
111 0811812001 21: 31 MAIL POSTED Property received - Mail 40.00 IIL 25
Comment: 03430608557
Ref No: 000150028V
112 0812112001 10: 30 PURCHASE POSTED Commissary Purchase X1415134 28.17 89. 08
113 09/1912001 17: 03 OPENING POSTED Property received Admission 0.00 89. 08
Ref No: 000155251V
114 1010212001 00: 17 PURCHASE POSTED Commissary Purchase K1439202 41.86 47. 22
115 10/08/2001 23: 12 PURCHASE POSTED Commissary Purchase K1443257 17.51 29. 71
116 10/16/2001 00: 11 PURCHASE POSTED Commissary Purchase K144733G 25.03 3. 68
117 1012412001 08: 45 MAIL POSTED Property received - Mail 5.00 8. 68
Comment: 03432163116 PMO
Ref NO: H00042999V
118 1013012001 01: 33 PURCHASE POSTED Commissary Purchase K1455331 7.04 1. 64
119 10/30/2001 12: 41 MAIL POSTED Property received Mail 20.00 21. 64
Comment: 5004862480 4 ME
Ref No: H00043237V
120 11/0812001 14: 23 PAYROLL POSTED 2 GOT HOC LIBRARIES 24.00 45. 64
Ref No: FACILITY
121 1[/2812001 12: 38 MAIL POSTED Property received - Mail 20.00 65. 64
Comment: 03832980647
B-SEP-2005 15:40
Page 5
Ref No: P00062261V
122 11/28/2001 19 :00 PURCHASE POSTED Commissary Purchase K1473392 26 .62 39. 02
123 12/05/2001 12: 39 MAIL POSTED Property received - Mail 50.00 59. 02
Comment: 03833851026
Ref No: P00062712V
124 12105/2001 23: 37 PURCHASE POSTED Commissary Purchase K1477404 16 .60 72. 42
125 1211212001 17: 35 PURCHASE POSTED Commissary Purchase K1481349 22 .00 50. 42
126 1212412001 08: 07 PURCHASE POSTED Commissary Purchase K1487519 21 .03 28. 59
127 1212612001 12:25 MAIL POSTED
128 12/31/2001 11:26 REFUND POSTED
129 0113112002 10:48 PAYROLL POSTED
130 12/06/2002 10:11 CHECK POSTED
131 09106/2005 23:49 OPENING POSTED
Property received - Mail 25.00 53.59
Comment: 03430916414
Het NO: P00064114V
Commissary Refund K1487519 21.83 75.42
_ CHRISTMAS TORNAMENT-Hi UNIT 5.00 80.42
Ref No: FACILITY
500123 Check 500123 80. 42 0.00
Comment: MARK GREEN X96982; CAMDEN 330 FEDERAL ST NJ 08102
Property received Admission 0. 00 0.00
Bet No: 000404203V
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MARK WALLACE a/k/a,
MARK GREEN,
PLAINTIFF
V.
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCHNER WARDEN, ET AL.,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-314 CIVIL TERM
ORDER OF COURT
AND NOW, this 3O day of January, 2006, the motion of plaintiff to
proceed in forma pauperis, IS GRANTED. The Sheriff of Cumberland County is
directed to serve the complaint on defendants.
By Court,
Edgar B. Bayley, J.
-Mark Wallace a/k/a Mark Green, EW-1168, Pro se
1000 Follies Road
Dallas, PA 18612
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00314 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALLACE MARK AKA MARK GREEN
VS
SCI CAMP HILL ET AL
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SCI CAMP HILL
the
DEFENDANT , at 1202:00 HOURS, on the 2nd day of February , 2006
at 2500 LISBURN ROAD
CAMP HILL, PA 17001 by handing to
COURTNEY MOHN, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.20
Affidavit .00
Surcharge 10.00
.00
41.20
Sworn and Subscribed to before
me this 1 9 day of
n 2cYO(P A. D.
p
Poot'?r?
So Answers:
R. Thomas Kline
00/00/0000
f
BY XX- /
Deputy ?fieriff j'
f
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00314 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALLACE MARK AKA MARK GREEN
VS
SCI CAMP HILL ET AL
CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
STEVENS ROBERT UNIT MANAGER the
DEFENDANT , at 1154:00 HOURS, on the 2nd day of February , 2006
at 2500 LISBURN ROAD
CAMP HILL, PA 17001
by handing to
COURTNEY MOHN, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and subscribed to before
me this 7 G day of
a -2uv? A.D.
,
Proth a?
So Answers:
R. Thomas Kline
00/00/0000
1
By
Deputy Sheriff
r SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00314 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALLACE MARK AKA MARK GREEN
VS
SCI CAMP HILL ET AL
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KELCHNER DONALD WARDEN
DEFENDANT
the
at 1154:00 HOURS, on the 2nd day of February , 2006
at 2500 LISBURN ROAD
CAMP HILL, PA 17001 by handing to
COURTNEY MOHN ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me-{ this ' day of
J AGOG A.D.
Protho al
So Answers:
R. Thomas Kline
00/00/0000
By : __r
-
Gl.
Dept-yty -Sheriff
{ SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00314 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALLACE MARK AKA MARK GREEN
VS
SCI CAMP HILL ET AL
CPL. TIMOTHY RETIZ
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PROPERTY ROOM OFFICER the
DEFENDANT
, at 1154:00 HOURS, on the 2nd day of February , 2006
at 2500 LIS13URN ROAD
CAMP HILL, PA 17001 by handing to
COURTNEY MOHN
ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 7_ day of
)o-a A. D.
Prot h ary
So Answers
a ??
R. Thomas
00/00/0000
z-_
B -? 7
Depu y Sherif
i
CASE NO: 2006-00314 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WALLACE MARK AKA MARK GREEN
VS
SCI CAMP HILL ET AL
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DEPARTMENT OF CORRECTIONS
the
DEFENDANT
at 1202:00 HOURS, on the 2nd day of February , 2006
at 55 UTLEY DRIVE
CAMP HILL. PA 17011
RANDALL SEARS
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 7 day of
ZovG A. 1).
Proth tary
So Answers:
R. Thomas Kline 11
00/00/0000
By :
Deputy Sherjiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK WALLACE, A/K/A,
MARK GREEN,
Plaintiff,
V. : No. 06-314
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCHNER WARDEN, ET AL.
Defendants.
NOTICE TO PLEAD
TO: Plaintiff Mark Wallace a/k/a Mark Green, EW-1168
You are hereby notified to file a written response to the enclosed
Respondents' Preliminary Objections to you Complaint within twenty (20)
days from service hereof or default judgment may be entered against you.
Respectfully submitted,
Office of General Counsel,
By:
ichae J. cGovem
Assistant Counsel
Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
717-731-0444
Dated February 9, 2006 PA Attorney I.D. No. 52802
N
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK WALLACE, A/K/A,
MARK GREEN,
Plaintiff,
V. : No. 06-314
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCI-INER WARDEN, ET AL
Defendants.
DEFENDANTS' PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND NOW, come the Defendants, by and through their counsel, and
preliminarily object to Plaintiff's Complaint, and in support thereof aver:
1. Plaintiff, Mark Wallace ("Wallace"), alleges that on April 23, 2002,
he relinquished certain personal property to the property room at the State
Correctional Institution at Camp Hill ("SCI-Camp Hill") and said property was
later destroyed while in the custody of SCI-Camp Hill.
2. Wallace further alleges that he has exhausted all of his available
administrative remedies.
Claims Based on Alleged Constitutional Violations
3. To the extent Wallace characterizes this action as a violation of any
rights guaranteed to him by the United States or Pennsylvania Constitutions.
4. The Pennsylvania Supreme Court addressed the issue of an inmates
claim for ostensibly lost or destroyed property in Bronson v. Central Office Review
Committee, 554 Pa. 317, 721 A.2d 357 (1998).
5. In Bronson, the Court held that:
Even if Appellant had invoked the court's original jurisdiction
at his clothing as a violation of his protected constitutional property
rights, his claim would fail ... Prison inmates do not enjoy the same
constitutional protections afforded to non-incarcerated citizens."
(Id. at Pa. 323 A.2d 359; See also, Weaver v. Pennsylvania Department of
Corrections, 829 A.2d 750 (Pa.Cmwlth. 2003)).
6. The United States Supreme Court has held:
We think that the actions of prison custodians in leaving a
pillow on the prison stairs or mislaying an inmate's property are quite
remote from the [due process] concerns just discussed. Far from an
abuse of power, lack of due care suggests no more than the failure to
measure up to the conduct of a reasonable person. To hold that an
injury caused by such conduct is a deprivation within the meaning of
the Fourteenth Amendment would trivialize the centuries-old
principle of due process of law.
Daniels v. Williams, 474 U.S. 327, 332, 106 S.C.P. 662, 665, 88 L.Ed.2d
662 (1986).
2
WHEREFORE, to the extent Wallace's claims may be on any alleged
violation of his constitutional rights, such claims should be dismissed.
Common Law/Statutory Claims
7. Wallace alleges that "when the property left in there [sic] custody is
destroyed through know [sic] fault of the inmates but by negligence on the part of
the D.O.C. they are responsible for reimbursement of funds to cover the costs for
the destroyed property" (Wallace Complaint, ¶8).
8. The Pennsylvania Constitution affirms the Commonwealth's
sovereign immunity, and states: "Suits may be brought against the Commonwealth
in such manner, in such courts and in such cases as the Legislature may by law
direct" (Article I, Section 11).
9. The exceptions to sovereign immunity are found at 42 Pa. C.S.A.
§ 8522, which states in part: "(a) Liability imposed - The General Assembly,
pursuant to section l 1 of Article I of the Constitution of Pennsylvania, does hereby
waive, in the instance set forth in subsection (b) only and only to the extent set
forth in this subchapter ... sovereign immunity as a bar to an action against
Commonwealth parties, for damages arising out of a negligible act where the
damages would be recoverable under the common law or a statute creating a cause
of action, if the injury were caused by a person not having available the defense of
sovereign immunity."
3
10. Section (b) of 42 Pa. C.S.A. § 8522 states: "°... The following acts by
a Commonwealth party may result in the imposition of liability on the
Commonwealth and the defense of sovereign immunity shall not be raised to
claims for damages caused by: (3) care, custody or control of personal property."
11. For the personal property exception to apply, the personal property
must cause the injury. Pennsylvania State Police v. Klimek, 839 A.2d
1173 (Pa.Cmwlth. 2003).
WHEREFORE, to the extent Wallace claims are based on the alleged
negligence of SCI-Camp Hill staff, such claims should be dismissed.
Respectfully submitted,
Office of General Counsel
By: ''i 2C z --
Michae J McGovern
Assistant Counsel
Attorney Identification No. PA52902
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: February 09, 2006
4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK WALLACE, A/K/A,
MARK GREEN,
Plaintiff,
V. : No. 06-314
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCHNER WARDEN, ET AL.
Defendants.
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 Objections in the above-captioned matter
upon the person(s) in the manner indicated below.
Service by first-class mail
Addressed as follows:
Mark Wallace, EW-1168
SCI-Dallas
1000 Follies Road
Dallas, PA 186112
Michael T. Wisor
Clerk Typist II
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: February 09, 2006
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK WALLACE, A/K/A,
MARK GREEN,
Plaintiff,
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V. No. 06-314
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCHNER WARDEN, ET AL.
":CD
Defendants. r
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel on behalf of the Defendants in the
above-captioned matter.
Respectfully submitted,
Office of General Counsel
By:
Michael J McGovern
Assistant Counsel
Attorney Identification No. PA52802
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: February 08, 2006
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK WALLACE, A/K/A,
MARK GREEN,
Plaintiff,
V. : No. 06-314
SCI-CAMP HILL, PROPERTY
ROOM OFFICERS, DONALD
KELCHNER WARDEN, ET AL.
Defendants.
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 in the above-captioned matter
upon the person(s) in the manner indicated below.
Service by first-class mail
Addressed as follows:
Mark Wallace, EW-1168
SCI-Dallas
1000 Follies Road
Dallas, PA 18612
Mi hael T. Wisor
Clerk Typist II
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: February 08, 2006
$Aa
IN THE COURT OF COMMON PLEAS FOR CUBERLAND COUNTY
CIVIL DIVISION
MARK GREEN
V. NO. 2006-00314 P
SCI CAMP HILL ET AL
MOTION FOR APPOINTMENT OF COUNSEL
Petitioner, Mark Wallace, hereby respectfully request this
Court appoint counsel in this matter and in support thereof
I state:
1. Plaintiff is unable to afford counsel. He has requested
leave to proceed in forma pauperis.
2. Plaintiff's imprisonment will greatly limit his ability
to litigate. The issues involved in this case are complex and
require significant research and investigaton.
3. This case involves numerous defendants and they will no
doubt have trained counsel and in efforts to off set there
advantage it is requested that counsel be appointed.
4. the Plaintiff moves around from jail to jail and it is
impossible for him to do research.
WHEREFORE, for all the reasons given it is requested that
this Court grant counsel.
Respecfully submitted,
MAIZA?E
CERTIFICATE OF SERVICE
I, hereby certify that I have served a true and correct copy of
the foregoing Motion for Appointment of Counsel on the following
parties listd below by FIRST CLASS MAIL Postage Pre-Paid address
as follows:
SCi-Camp Hill
2500 Lisburn Road
Camp Hill, Pa. 17001
Date: February 10, 2006 tti
E Wes- TES
1000 FOLLIES ROAD
DALLAS, PA. 18612
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MARK GREEN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCI CAMP HILL, ET AL.,
DEFENDANTS 06-0314 CIVIL TERM
ORDER OF COURT
AND NOW, this 22" day of February, 2006, the motion of plaintiff
for the appointment of counsel in this civil proceeding, IS DENIED.
By the Court,
Edgar B. Bayley, J.
Mark Green, EW-1168, Pro se
1000 Follies Road
Dallas, PA 18612
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Curtis R. Long
Prothonotary
office of the Vrotbonotarp
Cumberfarlb Couutp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
101 - 3 / y CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573