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HARVEY v. DEPT. OF CORRECTIONS

823 A.2d 1106 (2003)

Shawn HARVEY, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 21, 2003.

Attorney(s) appearing for the Case

Shawn Harvey, petitioner, pro se.

Timothy A. Holmes, Camp Hill, for respondent.

BEFORE: COLINS, President Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge.

OPINION BY President Judge COLINS.

Shawn Harvey (Harvey), currently an inmate in a state correctional facility, filed a petition for review asserting that the Department of Corrections (Department) has improperly garnished his inmate account for the purpose of collecting court costs imposed as part of Harvey's criminal sentence. In response to Harvey's petition the Department has filed for our instant review a preliminary objection in the nature of a demurrer.

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