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HomeMy WebLinkAbout07-3184IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY ~1 CIVIL DIVISION, COMMONWEALTH OF PENNSYLVANIA ROBERT CHARLES REISINGER ES 0151 SCI CAMP HILL P.O. BOX X00 CAMP HILL, PA. 17001-0200, Petitioner, Q V' CIVT_L N0: Q ~ ~~~ U DONALD KELCHNER, SUPERINTENDENT, PENNSYLVANIA DEPARTMENT OF CORRECTIONS SCI CAMP HILL 2520 LISBURN ROAD CAMP HILL, PA. 17001-0598 And, KATHERINE MCVEY, CHAIRPERSON, ~ PENNSYLVANIA BOARD OF PROBATION & PAROLE 1101 SOUTH FRONT STREET HARRISBURG, PA. 17104-2519 Respondents. NOTICE TO DEFEND You have been sued in ^our.t. 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You ., ~ io:,_. t:~ancy or ~-c,;,~ . y' j L ~ .'t: t, ti' Cyr C, t'}t.-'S" i'~ t - t0 Ot`. 1 U!I ~ ?~..I IJh~i `1'.~~..: ,~t:.LJ i', .f'I?I; ,'7 ~ ~)i%.. !,~i~~ [~ L ~' C., ~ ~; . 'r :Ot.J 1?U ,,"dp'i' 1'.AV~, ;1 I_~i~.:~ l~t"', C'.. I .. CF?l; `: (11 ..C'F~~1;~I1 ~):i:-., (~1.~ :.~ U7~ PE-~I-~L: F'I,~',. .. rl 1;, Gr".~'c'TC"- .;i;`i' .'O[i'i'Fi .ii1T,':);~ `i'U FJ ii7 C~~' i' ,..,.•:!' , Lum o ssae - ..-, :' .. ,. .- a~z).is~_~. _~~-- -lam./_3-.- -- -- l-~ao - qua ~~ai ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ROBERT CHARLES REISINGER, ES 0151 SCI CAMP HILL P.0. BOX 200 CAMP HILL, PA. 17001-0200, Petitioner, V. DONALD KELCHNER, SUPERINTENDENT, PENNSYLVANIA DEPARTMENT OF CORRECTIONS SCI CAMP HILL 2520 LISBURN ROAD CAMP HILL, PA. 17001-0598, And, KATHERINE MCVEY, CHAIRPERSON, PENNSYLVANIA BOARD OF PROBATION & PAROLE 1101 SOUTH FRONT STREET HARRISBURGH, PA. 17104-2519, Respondents. PETITION FOR WRIT OF HABEAS CORPUS COMES NOW: the Petitioner in the above captioned cause and respectfully moves this Honorable Court, pursuant to Article I, Section 14 of the Pennsylvania Constitution, codified in Title 42, Pa. C.S.A. § 6502 to issue a Writ Of Habeas Corpus ordering the Respondent to release him from custody on the basis he has served his 3 year term of imprisonment on or about January 26, 2007„ and submits that: PARTIES Petitioner is Pennsylvania Department of Corrections (DOC) prisoner housed in the DOC facility at SCI Camp Hill, P.O. Box 200, Camp Hill, Pa. 17001-0200. His DOC number is ES :0150. Respondent Donald Kelchner is the Superintendent at rha SCI Camp Hill, Pa. prison and exercises custody over the Petitioner. Mr. Kelchner's address is; 2520 Lisburn Road, Camp Hill, Pa. 17001-0598. Respondent Katherine McVey is the Chairperson for the Pennsylvania Board of Probation and Parole. Mrs. McVey exercises ~;ole custody over the Petitioner with respect to being released on parole. parole revocation, and updated sentence computations. Both Respondents are responsible for the computation of the time credits to be credited towards service of the Petitioner's sentence. That is: time spent in DOC custody. Time on parole credits, and reparole credits. Time spent in a local prison awaiting sentencing; and time spent on new charges in a local jail and when bail was prevented due to a detainer lodged against Petitioner by the Pennsylvania Board of Probation and Parole (PBPP). STATEMENT OF THE FACTS 1) On February 10, 2001, Petitioner was arrested and lodged in the Snyder County Jail. He was charged with Theft by Deception (18 Pa. C.S.A. §3922) and was unable to post bail. On June 13, 2001, Petitioner pled guilty to those charges and was sentenced to one (1) to three (3) years imprisonment. - 2 - Exhibit 1, DOC Sentence Starus Summary page 1. 2) Time spent in pretrial custody, Four (4) months and three (3) days. See Petitioner's Exhibit 2, Chart A. This computation is not in dispute. See Exhibit 1, page 2. 3) On April O1, 2002, Petitioner was released on Parole. Time spent in DOC custody: nine (9) months and eighteen (18) days. See Exhibit 2, Chart A. 4) On November 11, 2003, The PBPP revoked Petitioner's parole due to his arrest for Driving Under the Influence (DUI), (75 Pa. C.S.A. §3702). Time spent on parole was either revoked at this time, or later as explained in statement (5) when the DUI arrest became a conviction. On July 08, 2004, Petitioner was reparoled. Time spent in DOC custody: Seven (7) months and twenty seven (27) days. See Exhibit 2, Chart A. 5) On November 14, 2005, The PBPP revoked parole based the DUI conviction, and technical parole violations. Petitioner was reparoled on September 19, 2006. Time spent in DOC custody ten (10) months and five (5) days. Time spent on parole between April O1, 2002, and the first occasion parole was revoked November 11, 2003, was forfeited. A time period of one (1) year, seven (7) months and eleven (11) days. See Exhibit 2, page 2. Time spent on parole between July 8, 2004, and the date of the second parole revocation, November 14, 2005, was forfeited. A time period of one (1) year, four (4) months and six (6) days. See Exhibit 2, page 2. - 3 - 6) On or about November 14, 2005, Petitioner was convicted of the DUI charges in Cumberland, County and sentenced to three (3) months imprisonment, to run concurrent with his parole violator term. See Exhibit 8. (To be produced) 7) On January 26, 2007, Petitioner's parole was revoked for a third time on a technical violation. Failure to report and obtain permission for a change of address. See Exhibit 3, PBPP violation charges to support revocation. Portions of the time spent on parole between his earlier parole on September 19, 2006, and the revocation date, January 26, 2007, a four (4) month and seven (7) day time period are not forfeited (2 months and 15 days, because it was a technical violation, while 52 days was forfeited. The 52 days was forfeited because Petitioner left his parole residency, Cumberland County to travel to Dauphin County, to stay with his wife in a hospital who was seriously ill undertaking several operations. 8) Thus, two (2) months and fifteen (15) days must be credited towards service of the 1 to 3 year sentence. See Exhibit 1, Chart A, page 1 and page 2, computations. 9) As of April 26, 2007, Petitioner has served 37 months and 08 days towards service of a 1 to 3 year term of imprisonment. E%HAUSTION OF PETITIONER'S ADMINISTRAT~YE REMEDIES 10) On April 26, 2007, Petitioner issued letters with copies of Chart A, pages 1 and 2, to the Fespondents seeking immediate release from custody. See Exhibits 4 and 5. - 4 - Petitioner administrative remedies were also exhausted on March 15, 2007, when his attorney issued a letter to Respondent Donald Keltchner, Super.inten~ent; that as of that date Petitioner had served the 3 year term in toto, and was now being falsely imprisoned. See Exhibit 6, two page letter. Unfortunately, the letter fell on deaf ears. CONTROLLING LAW: 11) .Under Title 42 Pa. C.S.A. §9760 et seq., all" time spent in pretrial custody, spent in custody on another charge while on parole, .but denied bond due to a PBPP detainer, and the new charges are dismissed must be credited towards the under- lying sentence which was the basis for the PBPP detainer. See Martin v. Pa. Board of Pro, and Parole, 840 A. 2d 299 (Pa. 2003). 12) Under Title 61 Pa. P.S. §331.21a, a parolee who is convicted of new criminal charges forfeits all the time spent on parole. Under §331.21a(b) a parolee who is recommitted to prison as a• technical parole violator does not forfeit the time spent on parole. 13) When a parolee is convicted of a new offense and the Court orders the new sentence to run concurrent with the parolee's violator term, the PBPP must honor the Court's order, McCray v. Pa. Dept. of Corrections, 872 A. 2d 1127, 1133 (Pa. 2005) 14) When computing the maximum expiration date of a sentence following several parole revocations periods for convictions, the forfeited time spent on parole is added to the original expiration date, Com, v. Greenlee, 368 A. 2d 676 (Super. 1979). - 5 - BASIS TO GRANT THE WRIT 15) Petitioner's maximum expiration date was originally, February 10, 2004, or for computations: 2004 yr. 02 Mo. 10 Days Time on parole forfeited: DUI; 1 07 10 New maximum expiration date: 2005 09 20 Time on parole forfeited for a seco nd time on DUI conviction: 1 04 06 New maximum expiration date: 2006 13 26 Date adjusted for 13 month figure 2007 O1 26 See Exhibit 2, Chart A page 2. Thus, while Petitioner was on reparole from September 19, 2006, {See Chart A, pages 1 and 2) he had exactly 4 months and 7 days to serve to complete his 3 year sentence in toto. When the PBPP violated him for a technical violation (See Exhibits 3 and 6), the PBPP jurisdiction over him expired because time spent on parole is not forfeited for a technical violation, §331.21a(b). Therefore, from the January 26, 2007, running through date (Computed to) April 26, 2007, Petitioner has spent 90 days over his maximum expiration date. -16) Computing total time in DOC custod (Not on parole) the following figures emerge: Pretrial custody credits: 04 03 See Chart A for these credits: 09 18 (The dates represented in Chart A are the dates represented by the 07 27 DOC Sentence Status Summay Reports issued upon DOC entry and subsequent 10 05 re-entry following a parole revocation) As of April 26, 2007 .........................03 00 Total DOC custody credits: 33 Mo. 63 Days - 6 - Which computes to: 2 yrs. 11 Mos. 03 Days 17) Since Petitioner was not convicted of a new criminal offense when his parole was revoked on January 26, 2007, any time spent on parole between his last parole date September 19, 2006, and the revocation date, must be credited towards service of the 3 year term. That time computes to: 1/ 04 Mo. 07 Days Total custody credits: 2 yrs. 15 Mos. 10 Days 18) Petitioner is a resident of Cumberland County, on the following dates he was arrested for minor offenses, lodged in the Cumberland County Jail, and denied bail because the PBPP lodged ~ detainer against. After 4 and 28 days of incerceration, the charges were dismissed. That jail time must be credited towards service of the 3 year term. They are: From August 10, 2002, to August 13, 2002: 04 Days From May 04, 2005, to June ol, 2005: 28 Days Total custody credits: 2 Yrs. 15 Mos. 42 Days Which computes to: 3 yrs. 04 Mos. 12 Days 19) One final set of computations is added to Petitioner's claims that he has served the 3 term of imprisonment in toto, and is presently being falsely imprisoned. The computations are as follows: 1/ In Chart A, page 1, bottom computation on this matter 52 days were subtracted from the 4 months and 7 days spent on parole because: The PBPP refused his request to travel from Cumberland County to the hospital in Dauphin County (Harrisburg) where his wife was having difficulty in recovering from an operation removing two ruptured discs in her back. His stay there of 52 days generated the Parole Violation. The PBPP contended those 52 days constituted abscounding, and were not credited towards service of his sentence. However, since no conviction ensued they must be credited. See 62 Pa. P.S. §331.21a(b). - 7 - WHEREFORE: in liau of the foregoing facts, exhibits, the controlling law, the injustice being imposed upon your Petitioner via the continued unjust incarceration, Petitioner moves this Honorable Court for the following measures of relief: Aj Issue a writ of habeas corpus granting him instant release from custody; B) If the Respondents object, ORDER that Petitioner post reasonable bond to insure his presence until the this complaint is resolved. C) Issue a show cause ORDER; D) Set a date for an evidentiary hearing if necessary; E) Order the Respondents to produce for this Court's considerations, and copies to Petitioner, all records related to the computations of Petitioners time spent in a DOC prison; time spent on parole credited or not credited towards service of his sentence, and time spent in the Cumberland County when a Parole Violator Warrant barred him from posting bail. F) If the writ was not issued as sought in the request for relief in item (A) above; issue a writ of habeas corpus ordering his immediate release from custody. Respectfully submitted, Robert Charles Reis ger Sworn and subscribed before me this ~~ay of May 2007. V NOTAR PUBLI SEAL l.. iJ iY+a Rt: ~i~*a ~Y'iLlii V~ A,~''.~~°.~~V~{;~r ii4!P'~ ~d,~ t t ~. t. c ~+U sARiAL SEAL SIi:.PHE4V HOKE, Notary Public Me~rFort Boro, Perry County ~y Cernmisswn Expires Sept. 17, 2010 - 10 - .~ COMMONWEALTH OF PENNSYLVANIA :~_ ~ DC16E -SENTENCE STATUS SUMMARY DEPARTMENT OF CORRECTIONS Name: Robert Charles Reisin er Inmate'#: ES(,~50 Closed Version 4 Dated 1113/2004 10'56'55 AM 1. REFERENCES AND IDENTIFICATION DOC # Commitment Name PBPP # SID # FBI # Phila Photo # ES0150 ROBERT CHARLES REISINGER 2006G 17327976 538395FA8 DOB Place of Birth Race Sex 02/27/1968 HARRISBURG PA USA W M 2. SENTENCE SUMMARY Sent D t County/State/Federal Indictments Sent Minimum Maximum a e Type Y M D Y ~M D 06/13/2001 Snyder CP#135/1999 1 3 Plea: Nolo Contendre OTN: E9121991 Judge: WOELFEL, HAROLD F. JR. Offense: 3 CC3922 -THEFT BY DECEPTION ~ Reception Date ° 11/21/2003 ~ ~ ;Reentered from DOC # Controlling Minimum Date 02/10/2002 f New Maximum - PV 07/08/2004 Controlling Maximum Date 02/10/2004 E ;Problematic Offense NO Summary or Remarks on Sentence Remarks (None 3. SENTENCE STRUCTURE Commitment Credit Computation 2 CP#135/1999 : 02/10/2001 to 06/13/2001 Remarks Bail/Escape/Interruption Time Data 1/13/2004 10:56:55 AM Inmate #: ES0150 - Robert Charles Reisinger Version 4 Closed Distribution:lnmate PBPP PSP gS Counselor DC-15 Time EXHIBIT 1 Name: Robert Charles Reisin er Inmate #: ES0150 Closed Version No:4 Dated 1/13!2004 10:56:55 AM SENTENCE,STRUCTURE (Cont'd) Item Computation 2 I Indictments CP#135/1999 Included Eff Date 02/10/2001 Expiration of 02/10/2002 Minimum Expiration of 02/10/2004 Maximum Custody 11/11/2003 ~ [ for Return ~,~ ~ I - PV Delinquent 4M28D Time ~ ~ Backtime !Credit Backtime 7M27D ~ ~ Owed ( New 07/08/2004 E Maximum - PV Sentence 01/07/2004 Computation Date Basis for TPV Computation `Total 1Y - 3Y Sentence Status Active 1/13/2004 10:56:55 AM Inmate #: ES0150 - Robert Charles Reisin~gger Version 4 Closed Distribution: Inmate PBPP PS.P B1S C~aunselor DC-15 Time $XHIBIT 1 , Page 2. C H A R T A Chart A establishes the time to be credited towards service of Mr. Reisinger's sentence of 1 to 3 years on OTN E91211991, By Judge Woelfel, Snyder, County. DATE EVE[fT TI?IE CREDITS TOYARD6 SERVICE CAUSE OF T~ S 001'~PPATIONS 1 ' AND-OR Tear tlonth day EFFECT 02/10/2001 Arrested no bail: Ob/13/2001 Sentenced Pretrial custody credits: 04/01/2002 Paroled 06/13/2001 Sentenced Custody credits; 11/I1/2003 Parole revoked: 07/08/2004 Reparoled Custody credits: 11/14/2005 Parole revoked 09/19/2006 Reparoled Custody credits: 01/26/2007 Parole revoked 04/26/2007 In DOC custody Custody credits: Date parole revoked: Date earlier parole: Accredited street time Minus absconding time " New accredited street time: 2001 06 13 2001 02 10 04 03 2001 15 ~~ 94 83 ~ 2001 06 13 09 18 2003 18 X664 97 A6 68 2003 11 11 07 27 ~A96 2005 89 21 19 2005 11 14 10 05 2007 04 26 2007 O1 26 03 00 -268-7 2006 81 13 26 2006 09 19 64 6~. 37 minus 52 1 72 ~2 15 DUI CONVICTION And TE(~ VIOLATION See Next Page ' Tech VIOLATION Computation and effect Completed To Your Left Total accredited time in custody: 35 Mos. 68 Days See Next Page: Which computes to: 37 Mos. 08 Days 1. To compute the time span between two dates, the latest date is the subtrahend (Top figure). The earlier date the minuend (Bottom figure). To compute the dates are arranged in reverse order. This to overcome the occasions when the day or month in the minuend is larger than that date in the subtrahend. When that occasions you must borrow 30 days or 12 months from the next figure on your left, and compute from there. Expiration Date 02/10/2004 31 DUI ARREST 38 See Next Page E%HIBIT 2 C H A R T A: Continued - Maximum Expiration Date: Original Expiration Date: 2004 02 10 All dates are obtained from Chart A, computations. First Parole Revocation Computations, The subsequent DUI conviction of 6 mo Parole Revoked: 2003 11 Earlier Parole 2002 04 Street Time: 1 7 DUI Arrest Subsequent Conviction: nths ran concurrent with the violator term. 11 _~ 2004 02 00 Forfeited: 1 07 New Maximum 2005 09 Second Parole Revocation Computations, Tech violations, dismissed new charges, DUI Conviction noted above: Parole Revoked: 2005 11 1~+ Earlier Parole: 2004 07 08 Old Maximum Date: 2005 09 20 Street Time: 1 04 06 Forfeited: 1 04 06 2006 ~3 26 New Maximum? 2007 O1 26 Mr. Reisinger's sentence expired on that date, the PBPB had no iurisdiction to revoke parole a third time. Third Parole revocation Computations: Tech violation, change of address, and loss of 52 days for 13 Parole Revoked: 3697 -O1 26 Earlier Parole: 2006 09 19 Street Time: 64 03 97 37 Not Forfeited: 52 Days allegedly forfeited 1 22 Street Time: 2 15 Credited Old Maximum: 2007 O1 26: Allegedly -Forfeited 1 22 2007 02 4 Giving the PBPP The benefit doubt This date is contested. New Maximum: 2007 03 18 For purposes of the above computations to establish a maximum expiration date most favorable to the DOC and the PBPP. The above date comports with the date on the preceeding page. Petitioner served his 3 year term in toto as of March 30, 2007. He does not concede that the full time spent on the street on his second Parole Violation should be forfeited. But that awaits another day. This computation does not includer 32 days spend as a parole violator in the Cumberland County Jail, when the charges were dismissed. -_' The PBP. P sheet) _ mputation that my sentence no basis in fact or anv co Aires on 9-13-2007 (See attached tation. E%HIBIT 2, page 2 COMMONWEALTH OF PENNSYLVANIA BOARD OFpROBATION AND PAROLE PBPP • p 57N Arrest R eport. No. 1 Date of Rpt. 01/10/2007 OFFEND-t=RNAME (Last, Flrst, Middle Initial) REISIhIGER, ROBERT CHARLES COUNTY/STATE OF CONV. SENTENCE SNYDERIPA 1 Y TO 3Y PRESENT' OFFENSE VOP-THEFT BY DECEPT MINIMUM DATE RELEASE DATE MAXIMUM DATE .02/10/2002 09/19/2006 07/23/2007 EFF. DATE OF DELINO. (If applicable) 12/05/2006 This notic a is in reference to your upcoming hearing: (Your rights for this are indicated on the reverse side) ~"~ Preliminary Hearing ~ Detention Hearing ~ Probable Cause Hearing Violation Hearing ~ Revocation Hearing ~ Panel Hearing rou are c narged with the following TECHNICAL PAROLE VIOLATIONS: Condition #2: Your approved residence is 285 Barnes Drive, Millerstown, PA 17062, and may not be changed without the written permission of the parole supervision staff: EVIDENCE: On 12/17/2006, a search of your approved residence was conducted by Agent Rudy, and it was revealed that you were -not living there. OFFENDER'S SIGNATURE _ _ _______ __ __ DATE SIGNED ^ You are now being charged with the above additional violations which will be heard along with the original charges at your violation and/or revocation hearing. (See reverse side "Notice of Additional Charges"). HEARING^D-AT-E AND TIME PUBLIC DEFENDER : LOCATION: SCI-Camp HIII DATE: ' Tyr j (`~ ~ M i< ` ^ TIME : ~ ~ ~ ' ~ I' I ../1~j(~~,,..C.~`I[J~ 1 1 I /i f iA,G~~EN/T NAME/SIGNATURE/DATE SUPq~I OR N FJS NATUR Rob Rola~ WilLorwe E%HIBIT 3 NOTICE OF CHARGES BOARD PAROLE AND HEARINGS BOARD REPAROLE OTHER STATE PAROLE OTHER STATE PROB PAROLE NO. SID NO. INST. & NO. 200BG 17327976 SCI -Camp Hill ES0150 Robert Charles Reisinger ES 0150 SCI Camp Hill P.O. BOX 200 Camp Hill, Pa. 17001-0200 April 26 2007 Mr. Donald Kelchner, Superintendent SCI Camp Hill 2520 Lisburn Road Camp Hill, Pa. 17001-0598 Dear Superintendent Kelchner; This letter pertains to my claims of false imprisonment, and as an exhaustion of my administrative remedies to this office to correct this miscarriage of justice. Attached to this letter are two of imprisonment, parole revocations, c my 1 to 3 year term of imprisonment. and each date can be supported by this institution's records office, and Board of Probation and Parole. pages citing the date ustody credits towards It is titled CHART A, documents from either from the Pennsylvania As Chart A explains I am presently one (1) month and eight (8) days over my maximum release date, not counting time spent on parole 2 Mo. 3 days, identified on page two of the Chart. If you take notice my parole was revoked on January 26, 2007, and up to April 26, 2007, (Computed to that date by the time you receive this letter) I have served the three year term in toto. Plus My attorney notified you of these facts on March 15, 2007, and nothing has been done to correct this miscarriage of justice, i.e. false imprisonment. See copy enclosed. If I am not released forthwith, I via counsel, will file a federal Title 42, U.S.C. §1983 law suit against all parties who have the authority and ability to correct the damages being inflicted upon me, to the tune of $2,500.00 per day. Very truly yours, ~J6i~2TtJ~ RnQa 2 ~o ~ 'Y~,QJ~ Robert Charles Reisi ger CC: James Beard, Secretary Pennsylvania Department of Corrections E%HIBIT 4 Robert Reisinger ES 0150 SCI Camp Hill P.O. Box 200 Camp Hill, Pa. 17001-0200 April 26, 2007 Katherin McVey, Chairperson Pa. Board of Probation and Parole 1101 South Front Street Harrisburg, Pa. 17104-2519 parole Number 200BG Katherin McVey, Chairperson: As Chairperson for the Pennsylvania Board of Probation and Parole, I am forwarding this letter to your office to ..serve two purposes. One, to exhaust my administrative remedies, and Two, trusting that your office will take the proper steps to correct the record, as explained below, and order my immediate release, as I have served my 3 year term of imprisonment in toto, plus at least 38 days beyond my maximum expiration date. Attached to this letter are two documents. One, a copy of a letter forwarded to Mr. Donald Keltchner, Superintendent Pa. Dept. of Corrections (DOC) detailing the time spent in custody of my 3 year sentence, and overages. Two, Chart A, which details again the time spent in custody that must be credited to service of my 3 year sentence. As the Chart makes clear, accounting for time in DOC custody, time on parole that must be credited towards service of the 3 year term, and time on parole not to be credited, My maximum expiration date was April 18, 2007, giving the Board the benefit ofan~g doubt on all computation. As Chairperson for the Pa. Dept.. of Probation and Parole the onus falls upon your shoulders to correct this miscarriage of justice, i.e. false imprisonment, forthwith. Respectfully, I will await a timely response. Very truly yours, Robert Reisinge EXHIBIT 5 LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. 28 N. 32"d Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9129 Facsimile (717) 975-2939 March 15, 2007 llonald Kelchner, Superintendent, Camp Hill State Correctional Institute Camp Hill, Pa. 17011 By facsimile to: 783-7185 Re: Robert Charles Reisinger Inmate # ESO150 Dear Superintendent Kelchner: I represent Robert C. Reisinger, an inmate at your facility, who was sentenced to 1-3 years for theft by deception by Judge Harold F. Woelfel, Jr., (Snyder County, PA). His minimum date was February 10, 2002. His maximum date was February 10, 2004. Mr. Reisinger claims to have exceeded his 3 year maximum sentence and, accordingly, requests release. My understanding is that the following dates of incazceration are reflected by SCI- Camp Hill records. If they are not, then they should be credited to his 1-3 year term. These dates are: February 10, 2001-April 1, 2002 (415 days) - November 1 1, 2003 -July 8, 2004 (240 days) November 14, 2005 - September) 1, 2006 (302 days) January 26, 2007 -current (43 days as of today's date) Total: 1000 days Mr. Reisinger was incarcerated in the Cumberland County Prison on the following dates for parole violations as reflected by the state detainers that were placed against him for time that is not reflected in the above dates (He was incarcerated 4 other times at CCP but those dates are reflected in the above dates, so those particular dates of incarceration E%HIBIT 6, page 1 are not included here. The dates for which he received no credit toward the sentence are as follows: August 10, 2002 -August l 3, 2002 (4 days) May 4, 2005 -June 1, 2005 (28 days) (Mr. Reisinger has not received credit for these 32 days) Total applicable to credit for time served on sentence: 32 days Mr. Reisinger was incarcerated in the Snyder County Prison on the following dates for the subject criminal case: July 1, 2000 -January 1, 2001 (185 days) February 10, 2001 -June 20, 2001 (included in 415 days calculated from February 10, 2001 -April 1, 2002) Total applicable to credit for time served on sentence: 185 days According to~the above calculations for time credited to his 1-3 year sentence, he has served 1,217 days. Given that there are 1095 days in 3 calendar years, it appears that he has exceeded his sentence by 122 days as of today. Mr. Reisinger just had a parole revocation hearing this week. Very truly yours, Michael D. Rentschler Cc: Client E%HIBIT 6, page 2 COMMONWEALTH OF PENNSYLVANIA BOARD _ OF PROBATION AND PAROLE 1101 S. Front Street Harrisburg, Pa. 17104 - 2519 NOTICE OF BOARD DECISION NAME:. ROBERT'CHARLES REiSINGER ` PAROLE NO: 200BG INSTITUTION:.. SCI -CAMP HILL INSTITUTION NO: ES01b0 AS RECORDED ON MARCH 23, 2007:THE BOARD OF PROBATION AND PAROLE RENDERED THE FOLLOWING DECISION IN YOUR CASE: RECOMMIT TO A STATE CORRECTIONAL INSTITUTION AS A TECHNICAL PAROLE VIOLATOR TO SERVE YOUR UNEXPIRED TERM, 7 MONTHS, 18 DAYS. --UNEXPIRED TERM' FOR THE VIOLATIQN ~F CONDITION #2 CHANGE OF RESIDENCE WITHOUT`PERMISSION. EVIDENCE RELIED ON: PAROLE'AGENT AND SANDRA REISINGER'S TESTIMONY. REASONS: NOT'AMENABLE TO PAROLE SUPERVISION: Vl©LATION ESTABLISHED. WHILE CONFINED, YOU MUST COMPLY WITH THE`INSTITUTION'S PRESCRIPTIVE PROGRAM REQUIREMENTS AND HAVE NO MiSCONDUCTS. IF YOU WISH TO APPEAL THIS DECISION, YOU MUST FILE A REQUEST fOR ADMINISTRATIVE RELIEF WITH THE BOARD WITHIN THIRTY DAYS OF THIS ORDER!` THIS REQUEST SHALL SET FORTH SPECIFICALLY THE FACTUAL'AND LEGAL BASIS fOR THE ALLEGATIONS. SEE 37 PA CODE SEC. 73. YOU HAVE THE RIGHT TO AN ATTORNEY IN THIS APPEAL AND IN ANY SUBSEQUENT APPEAL TO THE COMMONWEALTH COURT. DATE MAILED: (HR 3/9/2007) APR Q 5 ?QQ] PWW 03/23/2007 PAROLE VIOLATION MAX DATE: 09/13/`2007 CC: PRIVATE ATTORNEY CLIENT COPY r-rl~,~Ccic,~ J~~~t,,~.~,(,`, ROBERT CHARLES REISINGER ES0150 ~~ P. O. BOX 200 CAMP HILL, PA Cynthia L. Daub Board Secretary 17011 Notice of Boazd Decision PBPP 1S(08/02) 1 of 1 E%HIBIT 7 rl Exhibit 8; represents Petitioner's sentencing transcripts as a result of the DUI conviction. At that time he was sentenced 90 days imprisonment to 23 months, immediate parole. The 90 days began back on his initial arrest on these charges, on Ju a y 14, 2003. Thus, the 90 days was consumed during the time period he s spend on Parole Revocation from 11/11/2003, through 7/08/2004 in DOC custody. When the Court ordered immediate parole, that proved his time ran concurrent with the violator term. See Exhibit 8(a) attached. Exhibit 8 DOCKET: Docket Number: CP-21-CR-0000372-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Robert Charles Reisinger Ey~RIE~. Order o° Court, Filed 11/22/05. In Re: Commitment of Sentence. The daf. is sent. to pay costs of pros., $300 fine, $200 CAT Fund ,and $10 EMS Fund, and that he undergo impris~~nment in CCP for a period of not less than 90 days nor more than 23 months, with credit to be given for time previously served in this matter which is estimated by counsel to be around 30 days. DocumentrSequence CP Filed Date Title Comments Registry Entrv Issue Date Service Tvoe 10!07!2005 Sentencing Order of Court, filed 10/6/05. Document Date Service Status 10/06/2005 1 12/20/2005 Judgment entered civil #05-6567 Oler, J. Wesley Jr. Condi~:ioned upon the def. reporting to the prison at the time provided for hereinafter, upon his reporting without alcohol or unlawful controlled substances in his system, upon his being and remaining on good behavior while in prison, upon his being and remaining on good behavior thereafter, and upon his complying with all written directions of his Parole Officer, he shall be auto. paroled at the expiration of his min. sent. Work release is authorized for the def. is his employment at the time of his entry into the prison qualifies for it under prison's policies, and if the prison can accommodate work release in his particular case. The d?f. shall report to CCP on 11/10/05 at gam without further order of Court. Copies delivered 10/10/05 at 4pm. 11/28/2005 11/22/2005 Oler, J. Wesley Jr. The daf. now appearing in court without counsel, and it appearing that the def. did not present himself at the CCP, as previously directed by Order of Court, but has been incarcerated since 11/14/05 as the result of an arrest in an unrelated matter, the def. is remanded to the CCP to serve the term previously imposed, with credit to be given from 11/14,'05, to the present. As a result of the def. failure to appear at the prison, the automatic parole provision of that order is not effective. The cef. is also entitled to credit for time previously served, which was estimated by counsel at the time of the sente~~cing, to be about 30 days. 12/1/05 -Copies mailed and delivered at 4pm. Filed B Service To Lebo, Dennis E. 9082 - Fev O9I06l2006 Page 13 of 16 09!06!2008 Recent entries made in the court filing offices may not be immediately reFlected on these docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover .an employer who does not comply with the provisions of the Criminal History Record lnform~'~^^ a^~ ^~~„ r,o c~ihic~ct to civil liability as set forth in 18 Pa.C.S. Section 9183. Ezhibit 8(a) ~~ ti ,. ,~~~ COMMONWEA ,TH i~F PENNSYLVANIA ~~, BOARD OF PROBA'~: ION AND PAROLE ] 101 S. front Street c~, . Harti~burg, P<: 17104 - 2519 NOTICI/ OF BO.~~RD DECISION NAME: ROBERT CHARLES REISINGER PAROLE NO: 200BG INSTITUTION: SCI -CAMP HILL INSTITUTION NO: ES0150 AS RECORDED ON FEBRUARY 27, 2006 THE BOARD OF PROBATION AND PAROLE RENDERED THE FOLLOWING DECISION IN POUR CASE: REFER TO BOARD ACTION OF 12/29/2003 TO RECOMMIT TO A STATE CORRECTIONAL INSTITUTION AS A TECHNICAL PAROLE VIOLATOR TO SERVE YOUR UNEXPIRED TERM, 7 MONTHS, 27 DAYS BACKTIME AND NOW; RECOMMIT AS A CONVICTED PAROLE VIOLATOR TO SERVE 6 MONTHS CONCURRENTLY, FOR A TOTAL OF 7 MONTHS, 27 DAYS BACKTIME. --6 MONTHS FOR THE OFFENSE OF DRIVING U-VDER THE INFLUENCE. EVIDENCE RELIED ON: CERTIFIED COPY OF C('URT RG"CORD PROVING CONVICTION. REASON: CONVICTION IN A COURT OF RECOF.U ESTt~ -3LISHED. WHILE CONFINED, YOU MUST COMPLY WITH'i '-IE INS '~ITUTION'S PRESCRIPTIVE PROGRAM REQUIREMENTS AND HAVE NO MISCONDUCT'. YOU MUST PARTICIPATE IN DRUG AND ALCOHJL CO!.:'VSELING. REVIEW IN OR AFTER MAY 2006. IF YOU WISH TO APPEAL THIS DECISION, YO:J MUST FILE A REQUEST FOR ADMINISTRATIVE RELIEF WITH THE BOARD WITHIN THIRTY DAYS OF.THIS ORDER. THIS REQUEST SHALL SET FORTH SPECIFICALLY THE FACTUAL AND LEGAL BASIS FOR THE ALLEGATIONS. SEE 37 PA CODE SEC. 73. YOU HAVE THE RIGHT TO AN ATTORNEY IN THIS APPEAL AND IN ANY SUBSEQUENT APPEAL TO THE COMMONWEALTH COURT. DATE MAILED: ' Pww o2/27/loos ~"~ fl 4 2006 PAROLE VIOLATION MAX DATE: 07/23/2007 CLIENT COPY ~~-~.~ r ' ROBERT CHARLES REISINGER ES0150 P. O. BOX 200 Lawrence F. Murrav CAMP HILL, PA Board Secretary 17011 Exhibit 9 __._ ~ --C> ~ U ~` ~'~ °~ C i ~ ~~ ~ _~ ' C-r v l ~ ~ =~ ~ ~ ~ ~ ~ , ~ r' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT CHARLES REISINGER, Petitioner, . vs. Civil No. 07-3184 DONALD KELCHNER, et al., Respondents. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of the Respondent, Donald Kelchner, in the above-captioned matter. Papers may be served at the address set forth below. Respectfully submitted, Offi~~,,,crr~~e~~of General Counsel By: y~~ Vincent R. Mazeski Assistant Counsel Attorney Identification No. PA73795 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: June 12, 2007 •; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT CHARLES REISINGER, Petitioner, vs. Civil No. 07-3184 DONALD KELCHNER, et al. , Respondents. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance in the above- captioned matter upon the person(s) as indicated below. Service by first-class mail Addressed as follows: Robert C. Reisinger, ES-0150 Victoria Madden, Esquire SCI-Camp Hill Pennsylvania Board of Probation and Parole 2500 Lisburn Road 1101 South Front Street, Suite 5100 Camp Hill, PA 17001 Harrisburg, PA 17104 Eva Jo ssen Clerk Typist II Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: June 12, 2007 2 C) - r-.~ a : ~- -~~ :=~ --j ~ ~ _- _ ~;-, ~, ~~ w ;~~ti -- -~ ~. =r .:T. ~~ ~7 -- r ' ,,,, ~i:-~-' "`.' c~ COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE Office of General Counsel Office of Chief Counsel 1101 South Front Street, Suite 5100 Harrisburg, PA 97104-2517 (797) 787-8926 Facsimile: (717)705-1774 June 20, 2007 Dennis E. Lebo Clerk of Courts Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 Re: Robert Charles Reisinger v. Donald Kelchner, Superintendent, Pennsylvania Department of Corrections and Katherine McVey, Chairperson, Pennsylvania Board of Probation and Parole, No. 07-3184 Dear Mr. Lebo: Enclosed please find my notice of appearance in the above- captioned. Respectfully submitted, Alan M. Robins n Assistant Counsel mkh Enclosure cc: Robert Charles Reisinger, ES-0151 PBPP File COURT OF COMMON PLEAS OF PENNSYLVANIA, CUMBERLAND COUNTY B ~ ROBERT CHARLES REISINGER, v. N O. 2183-96 DONALD KELCHNER, SUPERINT. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, KATHERINE MCVEY, CHAIRPERSON, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, NOTICE OF APPEARANCE Please enter the appearance of the undersigned for the Respondent ~ Pennsylvania Board of Probation and Parole in the above-entitled case. Alan obinson Assistant Counsel Attorney I.D. # 82670 Pennsylvania Board of Probation and Parole SEND ALL NOTICES TO: OFFICE OF CHIEF COUNSEL PENNSYLVANIA BOARD OF ~ PROBATION AND PAROLE 1101 SOUTH FRONT ST., SUITE 5100 HARRISBURG, PA 17104-2517 (717) 787-8126 Dated: June 20, 2007 PROOF OF SERVICE i I hereby certify that I have on this date served correct copies of w the below-referenced documents upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R.A. P. 121: Service by first class mail addressed as follows: Robert Charles Reisinger, ES-0151 SCI -CAMP HILL P. O. Box 200 Camp Hill, PA 17001-0200 Alan M. Robinson Assistant Counsel Attorney I.D. # 82670 Counsel for Respondent Dated: June 20, 2007 Re: Notice of Appearance No. 07-3184 r~ ~i _;~ r . ~~ ~ ~. ~ ', ~~'=-~ .~ ~.~' ~ ~~~ f ROBERT CHARLES REISINGER, Petitioner v. DONALD KELCHNER and KATHERINE McVEY, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 07-3184 CIVIL TERM IN RE: PETITION FOR WRIT OF HABEAS CORPUS BEFORE OLER, J. ORDER OF COURT AND NOW, this 5th day of July, 2007, upon consideration of the Petitioner's Petition for Writ of Habeas Corpus, and for the reasons stated in the accompanying opinion, the Petition is denied without prejudice. ~obert C. Reisinger, Petitioner, ESO151 SCI -Camp Hill P. O. BOX 200 Camp Hill, PA 17001-0200 ,~onald Kelchner, Respondent Pennsylvania Department of Corrections SCI -Camp Hill 2520 Lisburn Road Camp Hill, PA 17001-0598 ~atherine McVey, Respondent Pennsylvania Board of Probation & Parole 1101 South Front Street Harrisburg, PA 17104-2519 J BY THE COURT, 99 r 4i~,,f~tJ e~,.1_«f f 4 ~ ROBERT CHARLES IN THE COURT OF COMMON PLEAS OF REISINGER, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. CIVIL ACTION-LAW DONALD KELCHNER and KATHERINE McVEY, Respondents No. 07-3184 CIVIL TERM IN RE: PETITION FOR WRIT OF HABEAS CORPUS BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., July 5, 2007, Petitioner is currently incarcerated in the State Correctional Institution at Camp Hill, serving a three year maximum sentence of imprisonment. The instant petition alleges that the Petitioner has completed more than the maximum sentence and that the above-named Respondents, Donald Kelchner, Superintendent of the Pennsylvania Department of Corrections, and Katherine McVey, Chairperson of the Pennsylvania Board of Probation and Parole, have miscalculated his time served and therefore are unlawfully imprisoning him. Petitioner asks this Court to issue an order immediately releasing him from imprisonment. For the reasons stated in this opinion, Petitioner's Petition for Writ of Habeas Corpus will be denied, without prejudice to his right to file a similar petition in a court with jurisdiction to hear the matter. STATEMENT OF FACTS The facts alleged in the Petition for Writ of Habeas Corpus are as follows: On February 10, 2001, Petitioner was arrested in Snyder County and charged with theft by deception.' On June 13, 2001, Petitioner pled guilty to those charges and was Petitioner's Petition for Writ of Habeas Corpus, filed May 30, 2007, 2 (hereinafter Petition at _) sentenced to one to three years imprisonment in a state correctional institution.2 Petitioner was first paroled on this charge on April 1, 2002, and this parole was revolted by the Pennsylvania Board of Probation and Parole (PBPP) on November 11, 2003, because of his arrest on a charge of driving under the influence in Cumberland County.3 Petitioner was reparoled on July 8, 2004, but this parole was revolted on November 14, 2005, because of Petitioner's conviction in Cumberland County of the abovementioned DUI charge, and based on technical parole violations.4 Petitioner was reparoled on September 19, 2006, and this parole was revolted on January 26, 2007, because of a technical violations Petitioner has sent letters to the Respondents, as has a Cumberland County attorney on his behalf, asserting that Petitioner has served more than his maximum sentence and should be immediately released. DISSCUSSION Although Petitioner has titled the petition sub judice as a petition for writ of habeas carpus, a more correct title would appear to be a petition for writ of mandamus. See McMahon v. Commo~zwealth, Pennsylvania Bd. of Probation and Parole, 504 Pa. 240, 241, 470 A.2d 1337, 1337 (1983). In any event, this court lacks jurisdiction to hear the petition. Section 763(a) of the Judicial Code provides as follows: (a) General Rule.---Except as provided in subsection (c),~ the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of government agencies in the following cases: s Petition at 2. s Petition at 3. 4 Id. 5 Petition at 3-4. G Petition at 4-5. Subsection (c) lists the instances where the Supreme Court of Pennsylvania and the courts of common pleas would have exclusive jurisdiction. The two instances in which the courts of common pleas have -2- (1) All appeals from Commonwealth agencies under Subchapter A of Chapter 7 of Title 2 (relating to judicial review of Commonwealth agency action) or otherwise and including appeals from the Board of Claims, the Environmental Hearing Board, the Pennsylvania Public Utility Commission, the Unemployment Compensation Board of Review and from any other Commonwealth agency having Statewide jurisdiction. (2) All appeals jurisdiction of which is vested in the Commonwealth Court by any statute hereafter enacted.8 In the instant case, the PBPP is a Commonwealth agency with statewide jurisdiction and thus jurisdiction to hear the Petitioner's claim lies with the Commonwealth Court. See McMahon, 504 Pa. at 241, 470 A.2d at 1337; St. Clai~° v. Commonwealth, Pennsylvania Bd. of Probation a~ad Parole, 89 Pa. Commw. 561, 565- 67, 493 A.2d 146, 150-51 (195). In St. Clair, the Court found that "claims by parolees for time credit are properly addressed to (the Commonwealth Court's] appellate jurisdiction under 42 Pa.C.S. § 763." 89 Pa. Commw. at 567, 493 A.2d at 151. Therefore, claims alleging that the PBPP erred in computing terms of imprisonment or calculating time credits implicate the jurisdiction of the Commonwealth Court. Id. For this reason, Petitioner's Petition for Writ of Habeas Corpus will be denied without prejudice. exclusive jurisdiction involve certain appeals from actions of the Pennsylvania Department of Health and the Pennsylvania Department of Transportation. See generallJ~ Act of April 28, 1978, P.L. 202, § 10(12), as amended, 42 Pa.C.S.A. § 933(a). g Act of July 9, 1976, P.L. 586, § 2, as amended, 42 Pa.C.S.A. § 763(a). -3- ORDER OF COURT AND NOW, this 5`~' day of July, 2007, upon consideration of the Petitioner's petition for writ of habeas corpus, and for the reasons stated in the accompanying opinion, the Petition is denied without prejudice. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Robert C. Reisinger, Petitioner, ESO151 SCI -Camp Hill P. 0. Box 200 Camp Hi11, PA 17001-0200 Donald Kelchner, Respondent Pennsylvania Department of Corrections SCI -Camp Hill 2520 Lisburn Road Camp Hill, PA 17001-0598 Katherine McVey, Respondent Pennsylvania Board of Probation & Parole 1101 South Front Street Harrisburg, PA 17104-2519 -4- SHERIFF'S RETURN - REGULAR r CAaE NO: 2007-03184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REISINGER ROBERT CHARLES VS KELCHNER DONALD ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION FOR WRIT OF was served upon KELCHNER DONALD SUPERINTENDENT the RESPONDANT at 1150:00 HOURS, on the 31st day of May 2007 at PA DEPT OF COR CAMP HILL 2520 LISBURN ROAD CAMP HILL, PA 17001 by handing to IAN TAGGART, ASSISTANT, ADULT IN CHARGE a true and attested copy of PETITION FOR WRIT OF together with HABEAS CORPUS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ~~aq~~y So Answers: 18.0 0 ~ /~` 13.4 4 '''~~ ~~ .00 ` I/~~ t 10.00 R. Thomas Kline .00 41.44 06/15/2007 CATHY REISINGER Sworn and Subscibed to before me this of By: day D ty Sheriff A.D. SHERIFF'S RETURN - OUT OF COUNTY CA°E NO: 2007-03184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REISINGER ROBERT CHARLES VS KELCHNER DONALD ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT MCVEY KATHERINE but was unable to locate Her deputized the sheriff of DAUPHIN to wit: PA BOARD OF PROB & PAROLE in his bailiwick. He therefore serve the within PETITION County, Pennsylvania, to On June 15th 2007 this office was in receipt of the attached return from DAUPHIN _. Sheriff's Costs: So answe Docketing 6.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County Postage 1.89 5 6.14 ~ ~'l04/fYl ~... 06/15/2007 CATHY REISINGER Sworn and subscribe to before me this day of A.D. In 'I'h~ C®ur~ ®f C~an~n~n Pl~~s ~f C'n~n1~~r~an~ C~nn~y, I'en~sylvarii~ ' Robert Charles Reisinger VS. Donlad Kelchner, superintendent et al SERVE: Katherine McVey, chairperson No. 07-3184 civil Now, May 30 , _ 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~~~ County to execute this Writ, Chas deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA A+.~f1C~aVllt ®f s~rV1C~ NOW, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me phis day of , 20 20 , at o'clock M. served the COSTS SERVICE ~ $ MILEAGE AFFIDAVIT _, . Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania REISINGER ROBERT CHARLES vs County of Dauphin MCVEY KATHERINE CHAIR.PER.SON Sheriff's Return No. 0841-T - - -2007 OTHER COUNTY N0. 07 3184 CIVIL AND NOW:June 5, 2007 at 11:15AM served the within NOT & PET FOR WRIT OF HABEAS CORPUS upon MCVEY KATHERINE CHAIRPERSON by personally handing PENNSYLVANIA BOARD OF PROB & PAROLE to DEB CARPENTER 1 true attested copy(ies) of the original NOT & PET FOR WRIT OF HABEAS CORPUS and making known to him/her the contents thereof at 1101 SOUTH FRONT STREET HARRISBURG, PA 17104-0000 Sworn and subscribed to before me this 5TH day of JUNE, 2007 So Answers, Gi'~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 (2~£fice ~# ~~ ~~ertff Sheriff of Dauphin Coun , Pa. By Deputy Sheriff Sheriff's Costs:$29.25 PAID BY COUNTY HUNTER