Commonwealth v. Dailey

8 Pa. D. & C.5th 93
CourtPennsylvania Court of Common Pleas, York County
DecidedMay 15, 2009
Docketno. SA-461-2007
StatusPublished

This text of 8 Pa. D. & C.5th 93 (Commonwealth v. Dailey) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Dailey, 8 Pa. D. & C.5th 93 (Pa. Super. Ct. 2009).

Opinion

KENNEDY, J.,

On Thursday, April 30, 2009, the clerks of courts office forwarded to the undersigned Danny Dailey’s petition for appeal of the denial of records by the District Attorney’s Office of York County, under the Right-to-Know Law, in which he requested “Copies of Complaints and of Copies of Dated Envelopes That Contained Letters Sent to the Accuser and Her Mother Used Against Me in Court. . . Mr. Dailey filed this petition on or about April 20,2009. We deny Mr. Dailey’s petition, and we issue the following opinion to discuss the basis for our decision:

FACTS AND PROCEDURAL HISTORY

This matter arises from Mr. Dailey’s summary conviction for harassment. In our 1925(a) opinion, dated March 25, 2008, we recited the facts as follows:

On August 28, 2007, Southwestern Regional Police Department Officer Jaime Stalcup responded to a harassment call at a residence in North Codorus Township. (N.T. hearing, pp. 12-13.) Officer Stalcup reported that this was not the first instance in which he or another officer were called to this residence on this matter; he can recall at least three prior occasions when he was called, and that other police officers from his department also responded to this residence for the same reason regarding the same appellant. (N.T. hearing, pp. 14-15.)

On August 28, 2007, appellant placed an un-stamped envelope in the mailbox of the residence of Ms. Audrey Adams, containing a letter addressed to Ms. Adams, which she found harassing. (N.T. hearing, pp. 5, 14.) According to Ms. Adams and Officer Stalcup, appellant [96]*96continued to send letters and telephone calls to Ms. Adams, even after she, her mother (with whom she resided) and the police instructed Mr. Dailey to stop. (N.T. hearing, pp. 6-7.) The August 28,2007 letter appeared in Ms. Adams’ mailbox after the police had instructed him to cease contacting Ms. Adams. (N.T. hearing, p. 16.)

On January 30, 2008, appellant was found guilty of harassment and fined.

Since the filing of our 1925(a) opinion on March 25, 2008, Mr. Dailey has filed several motions, including the following: a motion for reargument [sic] on October 17, 2008; reargument and statement of facts on December 3,2008; discovery demand on December 12, 2008; and a petition to place court costs on the county, on December 31,2008, which we granted on January 5,2009. Mr. Dailey has also sent this court various correspondence, colorfully detailing his communications with the victim and her family in this case.

The Superior Court affirmed our judgment of sentence on October 6,2008, and returned the case on January 27, 2009. Mr. Dailey’s instant petition deals with the same subject matter of his summary conviction.

DISCUSSION

On April 20, 2008 Mr. Dailey filed his self-styled “Petition for Appeal of Denial of Records by the District Attorney s Office of York County Under the (Right To Know Law) Asking for Copies of Police Reports of Complaints and of Copies of Dated Envelopes That Contained Letters Sent to the Accuser and Her Mother Used Against Me in Court Pertaining to a Citation Charge Issued by [97]*97the Southwestern Police Department September 2007 and Later Convicted by the Courts of Judge Kim S. Leppo on October 31, 2007 and of John S. Kennedy on January 30, 2008 and of the Superior Court on Written Arguement [sic] andRearguement Ending December 10 2008. ”

In order to provide for access to public information, Governor Ed Rendell signed Pennsylvania’s new Right-to-Know Law on February 14, 2008, and it took effect on January 1, 2009. 65 P.S. §67.101 et seq. This law governs the release of records from an agency, including an entity or office of the unified judicial system, provided the request is specific and concise. All records are presumed to be public records unless disclosure is barred by: (1) state or federal law or regulation, or judicial order; or (2) privilege, e.g., attorney-client, doctor-patient; or (3) one of the exceptions under section 708 of the statute.

A record is defined as any “information, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received, or retained pursuant to law or in connection with a transaction, business or activity of an agency. The term includes a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image-processed document.” Section 67.102.

The Right-to-Know Law chapter 7 outlines the procedure for filing a request under the statute. “Agencies may fulfill verbal, written or anonymous verbal or written requests for access to records under this Act. If the [98]*98requester wishes to pursue the relief and remedies provided for in this Act, the request for access to records must be a written request.” Section 67.702. Requesters of information should “identify or describe the records sought with sufficient specificity to enable the agency to ascertain which records are being requested, and shall include the name and address to which the agency should address its response.” Section 67.703.

Agencies are required to respond within five business days. “Upon receipt of a written request for access to a record, an agency shall make a good faith effort to determine if the record requested is a public record, legislative record or a financial record, and whether the agency has possession, custody or control of the identified record, and to respond as promptly as possible under the circumstances.” Section 67.901. If the agency fails to respond in five days, the request is deemed denied. Id. In that event, a requestor has 15 business days to file an appeal to the state Office of Open Records. Section 67.1101(a)(1). In the case of an appeal of a decision by a local agency, the Office of Open Records shall assign an appeals officer to review the denial. Section 67.1101 (a) (2). Then, “within 30 days of the mailing date of the final determination of the appeals o fficer relating to a decision of a local agency issued under section 1101(b) or of the date a request for access is deemed denied, a requester or local agency may file a petition for review or other document as required by rule of court with the court of common pleas of the county where the local agency is located. Section 67.1302(a). While the law does not specify whether the agency or requester must file this petition for review with the county prothonotary’s office [99]*99or the clerk of court’s office, the penalties for denying access to a public record in bad faith are civil penalties of not more than $1,500. Section 67.1305(a). (emphasis added) We hold that absent local rule, requesters and agencies should file a petition for review with the prothonotary’s office in the county where the agency is located.

Mr. Dailey states as follows, “I Appealed the Refusal by the Police Department to Office of Open Records Which Was Forwarded to the District Attorney’s Office Which Never Has Responded As of This Date of4/20/09. Another Letter Was Sent to the Officer of Open Records at the DA’s Office Even If He May Just Handle Records From Their Office and Not the Police Department Records As I Was Told Differant Things of This. One Was Sent to Their Department Also. ” Mr.

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8 Pa. D. & C.5th 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-dailey-pactcomplyork-2009.