Viglione v. Pennsylvania Department of Corrections

Before us are the preliminary objections in the nature of a demurrer filed by the Department of Corrections (Department) in response to a pro se petition for review filed by George M. Viglione (Petitioner) seeking relief in mandamus for funds deducted from his inmate account during the pendency of a criminal appeal.

Petitioner is an inmate currently incarcerated at the State Correctional Institution at Pittsburgh. On March 21, 2000, he was tried in the Court of Common Pleas of Allegheny County (trial court) on charges of terroristic threats, simple assault, recklessly endangering another person, disorderly conduct and driving while operating privilege is suspended or revoked. Petitioner was subsequently found guilty of disorderly conduct and driving while operating privilege is suspended or revoked and fined $300 and $200, respectively. He then appealed that conviction to the Superior Court of Pennsylvania. During the appeal process, the Department continued to deduct monies from Petitioner’s inmate*fn1 account for fines and costs pursuant to 42 Pa. C.S. �9728(b)(5) (Act 84).