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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Blane Neely, v. Department of Corrections, Respondent BEFORE: : : : : : : :

Petitioner

No. 257 M.D. 2003 Submitted: October 3, 2003

HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JAMES R. KELLEY, Senior Judge

OPINION BY JUDGE LEAVITT

FILED: November 26, 2003

Before the Court is the Preliminary Objection of the Pennsylvania Department of Corrections (Department) to the Petition to Stop the Deduction of Twenty Percent from Inmate Account (Petition) filed by Blane Neely (Neely). As suggested in its title, Neely seeks an order from this Court protecting his inmate account from the Department's deductions for court costs, fines and restitution.1 Neely is an inmate currently residing at the State Correctional Institution at Dallas (SCI-Dallas), serving a 15 to 30-year sentence for the offenses of manufacturing with the intent to deliver a controlled substance and criminal conspiracy. The sentencing court also ordered Neely to pay a fine of $50,000. Pursuant to Section 9728(b)(5) of the Sentencing Code, 42 Pa. C.S.

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Pennsylvania Law