Pelzer, C. v. Global Tel Link Corp.

CourtSuperior Court of Pennsylvania
DecidedFebruary 24, 2025
Docket123 WDA 2024
StatusUnpublished

This text of Pelzer, C. v. Global Tel Link Corp. (Pelzer, C. v. Global Tel Link Corp.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pelzer, C. v. Global Tel Link Corp., (Pa. Ct. App. 2025).

Opinion

J-S18036-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

CAINE PELZER : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : GLOBAL TEL LINK CORPORATION : No. 123 WDA 2024

Appeal from the Order Entered April 25, 2023 In the Court of Common Pleas of Erie County Civil Division at No(s): 11169-2021

BEFORE: PANELLA, P.J.E., McLAUGHLIN, J., and SULLIVAN, J.

MEMORANDUM BY SULLIVAN, J.: FILED: FEBRUARY 24, 2025

Caine Pelzer (“Pelzer”) appeals pro se from the order dismissing his

amended complaint against Global Tel Link Corporation (“GTL”). We affirm.

We summarize the background of this appeal from Pelzer’s amended

complaint. Pelzer is serving a life sentence and has been housed in numerous

state correctional institutions (“SCIs”), as well as county prisons. Pelzer

purchased at least three tablets from GTL, a Virginia-based corporation: the

first being a version 1.0 tablet; the second, a version 2.0 tablet, which he

purchased in 2018 and which GTL replaced in 2018 or 2019; and the third, a

version 2.0 tablet he purchased in 2020. Pelzer encountered numerous

difficulties setting up, using, and servicing his tablets, which required using

“kiosks” to communicate with GTL and purchase or download updates, apps,

and files. As a prisoner in SCIs, Pelzer was also subject to the policies of the J-S18036-24

Department of Corrections. The difficulties worsened when he was in solitary

confinement.

In 2019, Pelzer filed a complaint (“the prior complaint”) against GTL

related to his tablets. When Pelzer petitioned to proceed in forma pauperis

(“IFP”), the trial court denied the petition and dismissed the prior complaint

because Pelzer was an abusive litigator. See 42 Pa.C.S.A. § 6602(f)(1).1 The

Commonwealth Court affirmed the dismissal of the prior complaint. See

Pelzer v. Glob. Tel Link Corp., 471 C.D. 2019, 2020 WL 1983343 (Pa.

Cmwlth. 2020) (mem. op. per curiam).

In June 2021, Pelzer filed the instant complaint against GTL for fraud,

breach of contract, interference with prospective contractual relations, and

violations of the Unfair Trade Practices and Consumer Protection Law

(“UTPCPL”).2 In January 2022, Pelzer filed an amended complaint alleging

____________________________________________

1 Section 6602(f)(1) is also referred to as the “three strikes rule” of the Prison

Litigation Reform Act (“PLRA”). The PLRA defines prison litigation as “[a] civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison.” 42 Pa.C.S.A. § 6601. The three strikes rule of Section 6602(f) of the PLRA only restricts a prisoner’s ability to pursue actions regarding prison conditions when IFP. See Jae v. Good, 946 A.2d 802, 809 (Pa. Cmwlth. 2008). Thus, “where a prisoner pays the filing fees and costs associated with commencing prison conditions litigation, . . . the trial court should not dismiss the matter solely based on the ‘three strikes rule’ . . ..” Lopez v. Haywood, 41 A.3d 184, 188 (Pa. Cmwlth. 2012). Although this Court is not bound by the decisions of the Commonwealth Court, we may follow those decisions as persuasive. See Beaston v. Ebersole, 986 A.2d 876, 881 (Pa. Super. 2009)

2 See 73 P.S. §§ 201-1 to 201-10.

-2- J-S18036-24

excessive fees and further difficulties using tablets and seeking refunds when

he enrolled in a GTL tablet program at Luzerne County prison. Additionally,

he asserted GTL failed to return funds left in tablet and telephone accounts at

Luzerne County prison after he left and returned to an SCI.3 Pelzer concluded

it was unlawful for GTL to enjoy a monopoly and violate the Federal

Communications Act, the Pennsylvania Consumer Fraud Act, the Pennsylvania

Public Utilities Statutes, and the takings clauses of the Pennsylvania and

United States Constitutions. Although Pelzer paid the filing fees for his

complaints, he did not serve GTL, and GTL did not respond to the complaints.

In March 2022, Pelzer began filing for the entry of a default judgment

against GTL.4 In November 2022, GTL answered to one of Pelzer’s motions

for default judgment and objected to Pelzer’s failure to serve GTL with original

process, as well as other defects in the notice of, and motion for, default

judgment.5 The matter remained undecided until April 2023, when Pelzer filed

an “application for original process.” Upon the assignment of the application,

3 We refer to Pelzer’s complaint and amended complaint collectively as “complaints.”

4 Pelzer also filed a judicial conduct complaint in March 2023 concerning the

inaction in this case.

5 Pelzer filed several motions for the entry of default judgment listing different

addresses for GTL, as well as correspondence concerning his attempts to serve GTL. Additionally, Pelzer attached his letters with GTL’s local counsel regarding the prior and present litigation. GTL’s local counsel stated he was not authorized to accept service on behalf of GTL.

-3- J-S18036-24

the trial court dismissed the complaints with prejudice because Pelzer was an

abusive litigator. See Order, 4/25/23, at 1 (citing section 6602(f)(1)).

Pelzer timely appealed to the Commonwealth Court, which transferred

this matter to this Court.6 Pelzer complied with the trial court’s order to submit

a Pa.R.A.P. 1925(b) statement. In response to Pelzer’s assertion that the

court erred in dismissing the complaints under section 6602(f)(1) when he

paid the filing fees for his complaint, the trial court conceded error. See Trial

Ct. Op., 9/25/23, at 3; accord Lopez, 41 A.3d at 188. The trial court,

however, concluded that its error was harmless because Pelzer’s complaints

also failed to state a claim. See Trial Ct. Op., 9/25/23, at 3. The court thus

determined dismissal would also have been proper under 42 Pa.C.S.A. §

6602(e)(2). See Trial Ct. Op., 9/25/23, at 3.

Pelzer’s question involved in this appeal focuses on the trial court’s initial

dismissal of his complaints under section 6602(f)(1)’s abusive litigator

provision. See Pelzer’s Brief at 3. Pelzer later acknowledges the trial court’s

concession of error in that regard and thereafter responds to the trial court’s

determination his complaints failed to state claims against GTL. See id. at

20-32. Under the circumstances of this case, we will address Pelzer’s

6 See Order, 576 C.D. 2023, 1/5/24, at 1 (concluding the Commonwealth Court lacked jurisdiction over this appeal from the dismissal of Pelzer’s civil action against GTL arising from his purchase of a GTL tablet).

-4- J-S18036-24

arguments that dismissal of his complaints was improper under section

6602(e)(2).7

Section 6602(e)(2) provides:

Notwithstanding any filing fee which has been paid, the court shall dismiss prison conditions litigation at any time, including prior to service on the defendant, if the court determines . . . the prison conditions litigation . . . fails to state a claim upon which relief may be granted or the defendant is entitled to assert a valid affirmative defense, including immunity, which, if asserted, would preclude the relief.

42 Pa.C.S.A. § 6602(e)(2).

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