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HomeMy WebLinkAbout03-1023IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND, PENNSYLVANIA BARRY SMITH vs. PENNA. BOARD OF PROBATION & PAROLE ) ) c.P.# ~ ) ) ) MOTION FOR A WRIT M_~ANDA___~MU__S Comes now, petitioner Barry Smith, pro-se, who respectfully request the Honorable Court to Grant, his petition. The court has jurisdiction in this matter under 42 Pa. C.S.A. §61. 331~ et seq. Petitioner seeks remedy from the Capricious and Arbertrary action of the Commonwealth of Penna's Board of Probation and Parole. Petitioner states the following #1 That petitioner was convicted in a court of record of C~Rs~%racy and had been on Parole from 5-6-88 to Nov 1991 and arrested on 1/15/93. #2 That petitioner has served 8 to 20 years, the sentence imposed in the Court of Common Pleas of Philadelphia County. Petitioner served his minimum to parole. #3 That petitioner is a parole violator and as such was given the maximum backtime. #4 That for the past ~ years the Board has denied parole based on section 19 standards, and policy that in essence is relative to parolees rather than one applying for Parole. #5 Petitioner shows that he has according to 42 Pa. C.S.A 61 met statutory standards and Department of Correction policy also that he has met all of the requirements that the Board itself has mandated in al__~l of his ~revious hearings where he (Petitioner) was refused Parole. Petitioner has seen the Board on 2!8J~_,_ !03333~_5_~ 12/18J~_6_~ 7/3/97. 2/~53~2 As documented Petitioner request the Honorable Court to review each Gr__~een sheet to see where the Board has been in Violation not only of due Process. Title #1 Pa. C.S.A. Constitution but the United States Constitution's ex post facto clause. The Board is also charging petitioner with crimes for which he was not convicted i.e. .controlled substance but rather conspiracy. Petitioner finally states that as he has fullfilled the Boards requirements as set forth by the Board itself at his hearings that he, the petitioner complete. The Board has stated that petitioner serve the balance of his backtime which is 3 years, after seeing petitioner ~ times and at each hearing gave petitioner ~ reviews, when it (the Board) could have excercised it's discretion from the onset. Petitioner shows the facts as set forth above are 'both true and correct and petitioner has included for the Honorable Courts perusal, each hearings green sheet from the Commonwealth of Penna's Board of Probation & Parole. Petitioner respectfully ask that after the Court reviews these facts that the petition be Granted. Respectfully Submitted, Barry Smith Proof of Service I, Barr~ Smith, solemly swear that on this ~ _ day, of, ~ _. 20033 pursuant to Pennsylvania Rules of Court, have served upon the below listed Persons, A copy of the petitioners motion for writ of mandamus. 1) Prothonatary; Cumberland County 2) Office of the District Attorney 3) Residing President Judge Cumberland County. by U.S. First Class Mail Date Pro-se Verification I, ~rr~ Smith, Pro-se hereby verify that the information herein described in Petitioners Motion for Writ of Mandamus. Petitioner shows that all of the information within are true to the best of his knowledge and belief and that any false statements are subject to 18 Pa. C.S.A. §4904; relating to falsification. Date Petitioner !~(~WEALTH DP PENNSYLVANIA BOARD OF PROBATION AND PAROLE BOARD PAROLE PBPP-257AR ARRES'r NO i ' CLIENT NAME (Last, First, Middle Initial) Smith, Barry COUNTY/STATE OF CONV. Phila., Pa. PRESENT OFFENSE ARREST REPORT, SENTENCE 8 yrs - 20 yrs Murder, 3rd Degree PRESENT SUPV. HISTORY ------- ASSAULT X_____~.~ --- -= WEAPONS ----------_ PAROLE NO. 3307-K RELEASE DATE Reparole 5/6/88 SIDNO. PPN 495561 11461336 MINIMUMDATE 11/8/82 PROBLEM AREA HISTORY PROPERTY DRUGS_______.~_X [] SP PROB/PAROLE [] OTHER STATE PAROLE r-; OTHER STATE PROB SCICamphill F-5543 MAXIM UM DATE 10/7/95 EFF. DATE OF DELQ. (If applicable) ALCOHOL X SEX______._ Summary of Adjustment: Special Conditions: (See attached) C1 ~t'~ ~e~ to ........ ~ ........ supe~,ision has been fair. Client was arrested as a technical parole violator two times. In both instances preponderance was established and client was continue, on parole. After successfully completing an inpatient drug program, there waa a marked im- provement in client's adjustment. Client successfully completed the special intensive super- vision program in March 1991. Client continued his good adjustment until November 1991 when he lost his job, his residence became unstable, and he failed tO maintain contact with the parole staff. Client was arrested three times 1/25/92, 1/15/93 and 1/19/93. Client failed to report these arrests. For a time ~lient was residing at various shelters. Attempts to locate him in the Phila. shelter system and the address he supplied at the time of his arresth~eresunSuccess_ ~ul. It is requested client be declared delinquent effecitve 1/29/92, 72 hfs a~er/arrested. CIRCUMSTANCES/DETAILS OF ARREST ~achPBPP340forTPV,s/copyofCriminalComplain~rnewcharges.) 1/29/92 CHARGES PREFERRED ~ARREST'~-'---~UTHORITY  M 5153330 Phila'Police ~CONFINEMENT Date of Arrest Notice ~ Souse of A"'-~rrest Notice Court computer printout Knowing/Intentional Possession of ------ Controlled Substance ~ate PV Warrant ~led ~r's Concurredce & Date ~nt Removed  CRIMINAL PRELIMINARY HEARING ~ Bench warrant issued. -] CONTINUE UNDER SUPERVISION 3 CONTINUE PENDING DISPOSITION OF CRIMINAL CHARGE(S) '3 DETAIN PENDING DISPOSITION OF CRIMINAL CHARGE(S) -I DETAIN PENDING DISPOSITION OF TECHNICAL VIOLATION(S) ~O CONTINUE: Amenable to Supervision. Stable Residence Steady Employ'merit Other NATURE/DA[~= D]~te Ball Posted Bail Not Posted /26792  tice/Court . County Municipal Court 92-01-2517 RECOMMENDATION(S) ------__ FOR CO USE [] DECLARE DELINQUENT FOR ~TAIN: ~ Delinquency [] Risk of Absconding CONTROLEFFECTIVE: [] CLOSEIFNOT.TRIED BY MAXIMUM ~ OTHER Declare delinquent effective 1/29/92. ~ Failure to Respond to Sanctions [] Patternof Similar Offenses [] Seriousness of Offense ~ ~ Weapons Involvement S']'~ERVISOR NAME/SIGNATURE/DATE - Othe~ME: IM' Rukata ~-~ ~,,?~,~?, ' Tioga Sub Office ' r/3OARD LVANIA OF PROBATION AND PAROLE PBPP-25,AR 'ARREST REPORT Smith, Barry Phila., Pa. 2 First, Middle Initial) Murder, 3rd Degree PRESENT SUPV. HISTORY CPV TPV X SummaR]-'of Adjustment: Please refer to 257A - Z] BOARD PAROLE~ [] SP PROB/PAROLE [] OTHER STATE PAROLE [] OTHER STATE PROB PPN 495561 3307-K 11461336 11/8/82 8 yrs - 20 yrs 5/6/88 PROBLEM AREA HISTORY PROPER'~y ~ DRUGS × ~ ASSAULT_z,______ WEAPONS ~ Special Conditions: (See attached) Arrest #1 Camphill F-5543 10/7/95' applicable) ALCOHOL _ Z.___._~ SEX~_~_ CIRCUMSTANCES/DETAiLS OF ARREST (Attach PBPP 340 for TPV's/copy of Criminal X RESTDA E /'OTN ~ M5573805 ~~;TYa ~ 'COUNT~ Complaint for new charges.) Date of Arrest Notice ~ Ph ~ 1/19/93 ~ ~ ~vu~L ~omputer Printout CHARGES PREFERRED Mnaufacture, Delivery Possession with Intent to Deliver a Controlled Substance, Knowing t Filed and Intentional Posession of a Controlled Substance. s Concurrence & Date lemoved [] CONTINUE UNDER SUPERVISION [] CONTINUE PENDING DISPOSITION OF CRIMINAL CHARGE(S) [] DETAIN PENDING DISPOSITION OF CRIMINAL CHARGE(S) [] DETAIN pENDiNG DISPOSITION OF TECHNICAL VIOLATION(S) ,ring Date CRIMINAL PRELIMINARY HEARING 1/15/93 [] Bench warrant, issued. ~ [r~3.~a. Muni6ipal Court 93 01 1509 RECOMMENDATION(S) FOR CO U~- UE: [] Amenable to Supervision. [] Other [] Stable Residence [] Steady Employment A. Starling 3/12/93 ~ETAIN: [] Delinquency [] Risk of Absconding [] DECLARE DELINQUENT FOR CONTROL EFFECTIVE: [] CLOSE IF NOT TRIED BY MAX/MUM ~ OTHER Declare delinquent effective 1/29/92. [] Failure to Respond {o Sanctions [] Pattern of Similar Offenses [] Seriousness of Offense [] Weapons Involvement ~ E-.q_~_~_Failu re ....... SUPI RVISOR N,%~u~,~ ........... 57 Other ~ ~ ~R .NAM E/SIG N_,ATU R E/DATE ....... - .... ' , --. ~u~aca ~.; ~u~ICENAME: ~ I ~ ~/~' ~:. Tioga Su~'~Office " COMMONWEALTH OF PENNSYLVANIA ~)F PROBATION AND PAROLE· PBPP-257AR 3 CLIENTNAME(Last, Rmt, MiddlelnitiaO Smith, Barry COUNTY/STATEOFCONV Phila,, Pa. PRESENTOFFENSE SENTENCE 8 yrs - 20yrs ARREST REPORT Murder, 3rd Degree PRESENT SUPV. HISTORY CPV TPV - ' X Summary of Adjustment: 3307-K Reparole 5/6/88 SID NO-----"~. PPN 495561 11461336 MINIMUM DATE 11/8/82 [] BOARD PAROLE I-1 SP PROB/PAROLE [] OTHER STATE PARD [] OTHER STATE PROB F-5543 1017/95 ~F. DATE OF DEL~ (If applicable) PROBLEM AREA HISTORY ASSAULT ~ PROPERTY________ ALCOHOL WEAPONS DRUGS _ X__._._~ SEX _ Special Conditions: (See attached) ---------- Please refer to 257A - Arrest No. 1 CIRCU-MSTANCESIDETAILS OF ARREST (Attach PBPP 340 f ' ARREST DATE OTN ~ or T_P_V;s/copy of Crim. lnal Complaint for new char es AUTHORITY g .) COUNTY ' ------'------ -- M 5579604 PLACE OF CONFINEMENT 1/19/93 Date of Arrest Notice 1/21/93 CHARGES PREFERRED Conspiracy, Possession with Phila Police Phila Source of Arrest Notice Court computer printout Intent to Deliver Controlled Substance Die PV Warrant Filed Dist. Director's Concurrence & Date Date Warr---"----~nt Removed ~Bail Not [~st( Hearing Date CRIMINAL PRELIMINARY HEARING ~celCourt 1/28/93 Bench warrant issued ~ Phila. Municipal Court 93 01 2152 RECOMMENDATION(S) [] CONTINUE UNDER SUPERVISION -------.__ [] CONTINUE PENDING DISPOSITION OF FOR CO USE [] DECLARE DELINQUENT FOR CRIMINAL CHARGE(S) CONTROL EFFECTIVE: [] DETAIN PENDING DISPOSITION OF CRIMINAL CHARGE(S) [] CLOSE IF NOT TRIED BY MAXIMUI~ [] DETAIN PENDING DISPOSITION OF TECHNICALVIOLATiON(S) I~OTHER Declare delinquent 'NUE: ~ ~ffective 1/29/92. [] Amenable to Supervisign. [] Other [] Stable Residence I '' ue,nquency . [] Failure to Respond to Sanction [] SteePly Employment I ~ Risk of Absconding .Iq Pattern of Similar Offenses I [] Seriousness of Off~nse [] Weapons Involvement A~ENT NAME/SIGNATURE/DATE ~ [] Other "' I --~ ** '~M ~'I~N_.ATURE. JDATE IOFFICE NAME: · ,- -' , ~3116193 bbm PRESENT OFFENSE Murder 3rd Degree PRESENT SUPV. HISTORY cPv TPV Summary of Adjustment: Special IWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE PBPP-257AR ~' ~ '~ ARREST NO. 4 CLIENT NAME (Last, First, Middle Initial) Smith, Barry (AKA ]5= rry Franks) ISENTEN~E COUNTY/STATE OF CONV. l 8yrs - 20yrs Phila., PA ARREST REPORT PAROLE NO. 3307-K RELEASE DATE reparole 5/6/88 si5 %1336 PPN 495 561 MINIMUM DATE 11/8/82 [] BOARD PAROLE [] SP PROB/PAROLE [] OTHER STATE PAROLE [] OTHER STATE PROB F-5543 MAXIMUM DATE 10/7/95 EFF. DATE OF DELQ. (If applicable) _____ 1/29/92 ----__ PROBLEM AREA HISTORY ASSAULT xx PROPERTY ALCOHOL ~ WEAPONS --------__ DRUGS xx SEX Conditions: (See attached) For a s,.~,,[~ry of client's adjustm~le under supervision please refer to the the PBPP 257AR dated 3/16/93 (Arrest #1). Client was declared delinquent effective 1/29/92. He remained in delinquent status until his arrest of 10/28/94. On 10/31/94 writer personally interviewed client at the Philadelphia County Prison. Client was issued written notice via a PBPP 340 - Notice of Charges that a preliminary/detention hearing would be held 11/8/94. Client was warned to remain silent regarding the .new criminal c;~rges. Client admitted to the technical parole He stated that while in delinquent status he basically lived on the street and was living in an abandoned house at the time of his arrest. CIRCUMSTANCES/DETAILS OF ARREST (Attach PBPP 340 for TPV's/copy of Criminal Complaint for new charges.) ARREST DATE OTN 10/28/94 M 6304211 Date of Arrest Notice 10/28/94 CHARGES PREFERRED ARREST AUTHORITY U~~ p~C~ONFiNEMENT Phila Police Dept I Phila ~ PCP 94-13599 Source of Arrest Notice Bill Herling DA's Charing Unit /Intentional Date PV Warrant Filed 10/28/94 Dist. Director's Concurrence & Date R. Possessin~ a Controlled Substance Hearing Date Disposition Zappan 10/28/94 ~nt Removed Date Bail Posted 10/28/94 CRIMINAL PRELIMINARY HEARING MCtice/court 94 10 3414 RECOMMENDATION(S) [] CONTINUE UNDER SUPERVISION Bail Not Posted [] CONTINUE PENDING DISPOSITION OF CRIMINAL CHARGE(S) DETAIN PENDING DISPOSITION OF CRIMINAL CHARGE(S) DETAIN PENDING DISPOSITION OF TECHNICAL VIOLATION(S) !'O CONTINUE: [] Amenable to Supervision. ,ID Other [] Stable Residence [] Steady Employment AGENT NAME/SIGNATUF F_OR CO USE oT._~O DE___TAIN nding of Offense SUPERVISOR NAMF-JSIGNATURE/DATE [] DECLARE DELINQUENT FOR CONTROL EFFECTIVE: [] CLOSE IF NOT TRIED BY MAXIMUM [] OTHER [] Failure to Respond to Sanctions [~ Pattern of Similar O{fenses [] Weapons Involvement [] Other OFFICE NAME: Tioga FORM DC-23B SENTENCE STATUS CHANGE REPORT INSTITUTIONAL NUMBER PBP NUMBER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS -~ COMMITMENT NAME f INSTITUTION ~ AF-5543 3307-K S_~_ITH, BARRY SID#1146133-6 . iSCi_CAM ~ A SENTENCE STATUS CHANGE REPORT IS SUBMI'I-rED ON THE ABOVE INMATE, AS INDICATED BY THE CHECKED SECTION (S) 1. THE SENTENCE WHICH THIS INMATE IS CURRENTLY UNDERGOING IS AS FOLLOWS: SENTENCET EFFECT'VEDATE IEFF CT'VEDATE-PV [M'N'MUMD*TE T MAX'MUMDATE 8Y-20Y J_09/29/77 PVP /_~1./08/82 [ 10/07/95 J BACKTIME IF PV PVMAXIMUM DATE OrFENSE~Sl / cou.T-I"-------------~,CT;~--.~ ~TE.M ~rt~ER 3RD° ~ C?#7412;853 COUNTY 1 REMARKS PHILA [] 2. THE SENTENCE WHICH THIS INMATE IS CURRENTLY UNDERGOING IS CHANGED AS FOLLOWS: TYPE OF CHANGE SENTENCE 'PROSECUTING POLICE DEPARTMENT OFFENSE r--]OVERLAPPING ~ UNDERLAPPING r~ RECONSIDERED CONCURRENT SENT. II CONCURRENT SENT. II SENTENCE J--"l CORRECTED COMMITMENT ["-1 COMMUTED SENTENCE [---1 RECOMPUTED SENTENCE FECTIVE DATE ~MUM DATE ~ ~ j EFFECTIVE DATE-PV PV MAXIMUM DATE : ~ DATE OF SENTENCE l ~ COUNTY COURT- INDICTMENT NUMBER -- TERM REMARKS E~3. FOLLOWING COMPLETION OF THIS INMATE'S CURRENT SENTENCE, HE WILL BE REENTERED TO SERVE THE FOLLOWING: SENTENCE [ JUDGE [ OATE OF SENTENCE -.r PLEA i REENTERAT :-4Y GEN~OHEN ~ NOT GUILTY CDCC OFFENSE (SI J COURT-- 'NDICTMEN~ NU'~B~ CRAC___/_Y 1 CP#9411-0816 COUNTY REMARKS [] 4. A DETAINER HAS BEEN LODGED AGAINSTTHIS INMATE AS FOLLOWS: (PLEASE SEE OVER) FROM {INCLUDING ADDRESS} ~ CHARGING DETAINER DATE i INDICTMENT-WARRANT NOS. 5. A DETAINER PREVIOUSLY LODGED AGAINST THIS INMATE HAS BEEN DROPPED AS FOLLOWS: FROM IINCLUDING ADDRESS) 1 CHARGING ~PI~RACY DETAINER DATE INDICTMENT-WARRANT NOS. METHOD OF DISPOSITION I REMA,KS #3 [] 6. YOUR APPLICATION FOR COMMUTATION HAS BEEN REVIEWED BY THE BOARD OF PARDONS, AND IT WAS: I~j GRANTED - SEE SECTION #2 ABOVE [] CONTINUED [] REFUSED [] HELD UNDER ADVISEMENT [] WITHDRAWN [] 7. [] PASSED RECORD OFFICERoS SIGNATURE RECORD OFF CER'S NAME ' SHERRY D. BARBOURi CRS WHITE--Inmate's Copy PINK--DRS'S Copy CANARY--PBP'S Copy BLUE--BCI'S Copy GREEN--Institution Distribution Copy (See over) WHITE--DC-15 IRJ Copy . -" IOTICE OF BOARD DECISION 'BPP-15 (6,'92) COMMONWEALTH OF PENNSYLVANIA PENNA. BOARD OF PROBATION AND PAROLE DATE: 020895 CLIENT NAME: BARRY SMITH C~'~.~ /~ "~"~Z PAROLE NO: 3 3 0 7 K INSTITUTION: PHILADELPHIA COUNTY PRISON SCI - CAMP HILL CASE (PHILA PP3495-561) INSTITUTION NO :' AF5543 AS RECORDED ON 010995 THE BOARD OF PROBATION AND PAROLE RENDERED THE DETAIN PENDING DISPOSITION OF'CRIMINAL CHARGES. (ARRESTED: 1-15-93, 1-19-93 AND 10-28-94 BY PHILA POLICE DEPT.). RECOMMIT TO A STATE CORRECTIONAL INSTITUTION AS A TPV WHEN AVAILABLE TO .SERVE 5 MONTHS BACKTIME. 5 MONTHS FOR VIOLATION OF CONDIT SUPERVISION STAFF :WiTHiN 72 HOURS 0 ADMISSION. REASONS: VIOLATION ES SUPERVISION. WHILE CONFINED, YOU LY WE REQUIREMENTS AND HAV (H.R. 11-8-~;R8) IF YOU WISH TO A TIVE RELIEF WITH T SHALL SET FORTH SPEC: TIONS. SEE 37 IN THIS APPEA DATE MAILED: 3B FAILURE TO NOTIFY PAROLE EST. EVIDENCE RELIED UPON: YOUR D; NOT AMENABLE TO PAROLE :SCRIPTIVE PROGRAM )UEST FOR ADMINISTRA- ORDER. THIS REQUEST SIS FOR THE ALLEGA- ATTORNEY iALTH COURT. 'C: PUBLIC DEFENDER 'C: SU8 OFFICE - TIOGA CLIENT COPY BARRY SMITH AF5543 PHILADELPHIA COUNTY PRISONS 8201 STATE ROAD PHILADELPHIA PA 19136-0000 JAMES W. RIGGS BOARD SECRETARY .'NOTICE OF BOARD DECISION "BPP-15 (6/92) CLIENT NAME: INSTITUTION: COMMONWEALTH OF PENNSYLVANIA PENNA. BOARD OF PROBATION AND PAROLE DATE: 10)195 BARRY SMITH STATE CORRECTIONAL INSTITUTION CAMP HILL SCI - CAMP HILL CASE PAROLE NO: 3 ~ 0 7 K INSTITUTION NO: A F 5 5 4, 3 AS RECORDED ON 1 7~ FOLLOWING DECISION IN YOUR0 CAS~:: THE BOARD OF PROBATION AND PAROLE RENDERED THE REFER TO RECOMMITMENT ACTION OF 1-9-95 AS A TPV TO SERVE 6 ~ONTHS AND NOW-- REC3MMIT TO A STATE CORRECTIONAL INSTITUTION AS A CPV WHEN AVAILABLE TO SERVE 18 MONTHS CONCURRENTLY FOR A TOTAL OF 18 MONTHS BACKTIME.~ 18 MONTHS FOR THE OFFENSE OF KNOWING,.~AND INTENTIONAL POSSESSION. EVIDENCE RELIED UPON: PROOF OF CONVI COURT DOCUMENT. REAS3N: CONVICTION ESTABLISHED IN A RECORD. AGGRAVATING REASONS: PRIOR PAROLE FA CLARED DELINQUENT BY,THE BOARD; POOR ADJUSTMENT; ON PA SERIOU$~: ULT OFFENSE. WHILE CONFINED, YOU )LY WITH ~HE.FZNSTiTUTIONmS,,F~:Rii' RIPTIVE PROGRAM REQUIREMENTS AND HAVE ONDUCTS.-' : (H.R. 5-19-~5; S,A) , ~'":~ ~ IF YOU WISH TO APP TIVE RELIEF WITH THi SHALL SET FORTH T~'0NS. SEE 37 'E IN THIS APPEAL; SUB D A T E M A I L-E D: 11~:1 - 95 : ;, RIGHT TH~-'C T FOR ADMINISTRA- DER. THIS REQUEST FOR THE ALLEGA- TTORNEY H COURT. :C: PUBLIC DEFENDER 'C: SCIC 'C: SUB OFFICE - TIOGA JAMES W. RIGGS BOARD SECRETARY CLIENT COPY BARRY SMITH SCI - CAMP HILL P. O. BOX 200 CAMP HILL, PA AF5543 ~IOTICE OF BOARD DECISION 'BPP-15 (8/96) COMMONWEALTH OF PENNSYLVANIA PENNA. BOARD OF PROBATION AND PAROLE CLIENT NAME: ~A~RY S~ITF PAROLE NO: 3 3 0 7 K INSTITUTION: $C]:- C,~'~P itILL $ C ! - C A P~ P H I L L C A S E INSTITUTION NO: A F 5 5 4 3 AS RECORDED ON 1 0 3 0 ~ 5 FOLLOWING DECISION IN YOUR CASE: THE BOARD OF PROBATION AND PAROLE RENDERED THE Re,ER TO R~CO~t~ITPENT ACTION OF 10-17-95 AS A TPV TO SERVE 4 ~ONTNS AND A 'CPV TO S£~VE 1~ ~iCNTHS ,~ND NOW -- ~£COM~iiT TO A STAT~ COR~£CTIONAL IN ' ~T~TUTION AS A CPV WHEN AVAILABLE TO SERVE 4~ ;40NTH'$ CONSECUTIVELY FOR A TOTAL OF 66 MONTHS ~ACKTI~E. ~5 MONTHS FOR THE OFFENSES OF CON ED SUBSTANCE ACT'MANUFACTURE, DELIVERY (RCT~;) AND CRIMINAL CONSPIRACY (RCT' OF COURT RECORD PROVING CONVICTIONS ~COR~ ESTA~LiSHE~. ~ILE CONFINED, YC~ OMPLY WI PA~TICIF.4TE IN SU~S I~ YOU WISH TO TIV~ ~ELIEF WITii T SHALL S~T FORT! iN THIS APPE. OENCE RELIED UPON: CERTIFIED COPY N: MULTIPLE CONVICTIONS IN COURT OF TITUTION~ iSCRIPTIVE PROGRAM EQUEST FOR ADMINISTRA- S ORDEr. THIS REQUEST OR THE ALLEGA- ~TTORNEY LTH COURT. C: PUSLiC D~FENDER C: 3CiO ~: ~U~ OFF'CE T.IAG~ C: ?TS CLIENT COPY ~ARRY SN~:ITH SCI - CAM~ HILL P. O. 5~× ZOO CA;,~F HILL, 1 701 t AF5543 NICHOLAS p. MULLER CHAIRMAN '-iOTICE OF' BOARD DECISION ~BPP-15 (6/96) CLIENT NAME: INSTITUTION: COMMONWEALTH OF PENNSYLVANIA PENNA. BOARD OF PROBATION AND PAROLE ~ARRY S~ITH SCI - CA~,IP HILL DATE: ~70397 PAROLE NO: -~ 3 0 7 ~: .- INSTITUTION NO: ~ F 5 ~ 4. 3 AS RECORDED ON 0 7 3 3 9 7 FOLLOWING DECISION IN YOUR CASE: THE BOARD OF PROBATION AND PAROLE RENDERED THE ~EFER TO 20qRD ACTION OF 10/30/~5 TO RECO,i'4~IT TO A STATE CORRECTIONAL INSTITUTIO~ AS A TECH~iCAI A;~D CONVICTED PAROLE VIOLATOR TO SERVE 66 MO~THS WHILE CONFINED, YOU ~UST CO~!PLY WIT! REQJIREMENT5 AND HAVE NO MISCONDUCT 'qd$~ PARTICIPATE IN SUBSTANCE AgUSE REVIE[~ IN OR AFTER 2000. IF YOJ WISH TO APl TIVE RELIEF WITH ~ SHALL SET FDRTH SP~ TIONS. SEE 3? PA ¢0 [~ THiS APPEAL CaA~ 0a/S41~7 iNSTITUTION'S PRESCRIPTIVE PROGRAM :lNG. UEST FOR ADMINISTRA- DER. THIS REQUEST FOR THE ALLEGA- 3 A~ ATTORNEY EALTH COURT. PAROLE VIOLATION ~iAX DAT~- ~ ': PJSLiC DEFENDER CLISNT COPY ~ARRY S;qiT~ SCZ - CAMP HiLL P. O. BOX 200 CAiq? HILL~ PA 17311 NoT'rcE OF ~OARD DEC'tH'tON :PBPP- ~S (S/96) CO~ONWEALTH OF PENNSYLVANIA PENNA. BOARD OF PROBATION AND PAROLE DATE: CLIENT NAME.. BARRy SMITH INSTITUTION: SCI - CAMP HILL 02/05/2002 PAROr.R LO: 3307K 'rNHTZ~O~'TON NO: AF5543 AS RECORDED ON 02/05/2002 ~ BOARD o~' ~'ROBA~'ION At~ PAROn~ Rm~DZRE~) ?KE For'LoWZNG DECZBZON ZN YOUR CASZ= FOLLOWZNQ AN iNTERVIEW AND REVIEW OF YOUR FILE, THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE }lAS DETERMINED THAT THE FA.IR ADMINISTRATION OF JUSTICE CANNOT BE ACHIEVED THROUG~ YOUR RELEASE ON PAROLE. YOU ARE T~EREFORE REFUSED PAROLE AND O~DERED TOt BE REVIEWED IN OR AFTER NOVEMBER, 2002. AT YOURNEXT INTERVIEW, THE WHETHER YOUHAVE MAZNTAZNEDA DEPARTMENT OF WHETHER YOU OF CORRECTI~ YOUR FILE AND CONSZDER= FOR PAROLE FROHTHE THE DEPARTMENT *SLR 02-05-20~ PAROLE VIOLATZ~ 12 CLIENT COPY BARRY SMITH AF5543 SCi - CAMP HILL P. O. BOX 2O0 CAMP HILL, PA 17011 KATHLEEN ~RZYNA BOARD SECRETARY COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE Il01 S. Front SU'eet Harrisburg, Pa. 17104 - 2519 NOTICE OF BOARD DECISION NAME: BARRY SMITH INSTITUTION: SCI - CAMP HILL PAROLE NO: 3307K INSTITUTION NO: AF5543 AS RECORDED ON JANUARY 08, 2003 THE BOARD OF PROBATION AND PAROLE RENDERED THE FOLLOWING DECISION IN YOUR CASE: FOLLOWING AN INTERVIEW WITH YOU AND A REVIEW OF YOUR FILE, AND HAVING CONSIDERED ALL MATTERS REQUIRED PURSUANT TO THE PAROLE 'ACT OF 1941, AS AMENDED, 61 P.S. § 331.1 ET SEQ., THE BOARD OF PROBATION AND PAROLE, IN THE EXERCISE OF ITS DISCRETION, HAS DETERMINED AT THIS TIME THAT: YOUR BEST INTERESTS DO NOT JUSTIFY OR REQUIRE YOU BEING PAROLED/REPAROLED; AND, THE INTERESTS OF THE COMMONWEALTH WILL BE INJURED IF YOU WERE PAROLED/REPAROLED. THEREFORE, YOU ARE REFUSED 'PAROLE/REPAROLE AT THIS TIME. THE REASONS FOR THE BOARD'S DECISION INCLUDE THE FOLLOWING: THE RECOMMENDATION MADE BY THE DEPARTMENT OF CORRECTIONS. YOUR PRIOR HISTORY OF SUPERVISION FAILURE(S). YOUR INTERVIEW WITH THE BOARD MEMBER. YOU SHALL SERVE YOUR UNEXPIRED MAXIMUM SENTENCE, 12-20-2005. *SLS 01-08-2003' PAROLE VIOLATION MAX DATE: 12/20/2005 CLIENT COPY BARRY SMITH P. O. BOX 200 CAMP HILL, PA 17011 AF5543 Kathleen Zwierzyna Board Secretary Notice of Board Decision PBPP 15(08/02) 1 of I IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND PENNSYLVANIA Order, and now this day of , · The Court Grants, Petitioner motion for writ of Mandamus. IN THE COURT OF C01440N PLEAS OF ¢t~8~'1~/ COUNTY,' PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA, : : VS. : Defendant. : NO. IN FORMA PAUPEILIS I~LIFIED STAT~ .~ ~.,~-z~ ~.,,,~ states under the penalties Pa.C.S. § 4904 (unsworn falsification to authorities) that: 1. I am the defendant in the above action and because provided by 18 of my financial. condition am unable to pay the fees and costs relative to the filing of a notice of appeal to the Pennsylvania Superior Court. 2. My responses to the questions below relating to my ability to pay the fees and costs of prosecuting an appeal are true and correct. (a) Are you presently employed? Yes ( ) No (~. (1) If the answer is yes, state the amount of your salary or wages per month and give the name and address of your employer. (2) If the answer is no, state the date of your last employment and the salary and wages per month which you received. (b) Have you received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rent payments, interests, dividends, pensions, annuities, social security benefits, support payments or other source? Yes ( ) No If the answer is yes, describe each source of income, and state the amount received from each during the past twelve months. (c) Do you own any cash or checking or savings account? Yes ( ) N° ( If the answer is yes, state the total amount of the items owned. (d) Do you own any real estate, Stocks, bonds, notes, automobiie~ valuable property (excluding ordinary hOusehold furnishings and clotbingi?°r Other If the answer is yes, describe the property and state its a~Proximate value and the amount of any encumbrances. .,~ . ~ (e) List the persons, if any, who are dependent upon you for state your relationship to those persons. (f) List all your debts and obligations. Support and (3) I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law (misdemeanor of the second degree). Defendant, Pr__~o S~e Institutioni. Number sc -camp P.O. Box 200 Camp ~i11, PA 17001-0200 BARRY SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vo PA. BOARD OF PROBATION AND PAROLE, RESPONDENT 03-1023 CIVIL TERM AND NOW, this ORDER OF COURT day of March, 2003, the petition of plaintiff to proceed in forma pauperis, IS DENIED.~ Edgar B.-B~y"l'e~,'~ Barry Smith, AF 5543, Pro se SCl Camp Hill P. O. Box 200 Camp Hill, PA 17001-0200 :sal ' This court is without jurisdiction to litigate plaintiff's demand for relief on his sentence from the Pennsylvania Probation and Parole. Myers v. Ridge, 712 A.2d 791 (Pa. Commw. 1998); Commonwealth v. LeGrande, 389 Pa. Super. 454 (1989).