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Home My WebLink About08-4023Q IN THE COMMONWEALTH COURT OF PENNSYLVANIA CUMBERLAND COUNTY BRIAN VACULA * V. PENNSYLVANIA BOARD OF Docket No. Lg' I 13 PROBATION AND PAROLE PETITION TO PROCEED IN FORMA PAUPRIS NOW COMES PETITIONER, Brian Vacula, hereby requesting this Honorable Court grant this Petition to Proceed In Forma Paupris pursuant to the attached filing. In support of this petition, petitioner avers the following: 1. Petitioner is domiciled under the number EG-1308 in the State Correctional Institution at Dallas, Pennsylvania, under custody of Michael Klopotoski, Superintendent; 2. Petitioner earns a nominal stipend of less than $1.00 a day; 3. Petitioner occasionally receives small, monetary gifts from family to help purchase necessities in the prison commissary; however, there is no one willing to assist in the filing/litigation cost(s) of these proceedings; 4. Petitioner does not have any real or tangible property that can be liquidated to pay the cost(s) of these proceedings; 5. Petitioner currently has only $ 5.& in his prison account (see attached document); ti WHEREFORE, Petitioner hopes and prays this Honorable Court grants this petition. Date: 74tD Respectfully submitted, Brian Vacula . PAGE 1 C-A-1037 INMATE ACCOUNTS SYSTEM 06-27-2008 MONTHLY ACCOUNT STATEMENT 549 DAL INMATE NAME NUMBER LAST FIRST MI OLD BALANCE EG1308 VACULA BRIAN R 3.12 BATCH DATE # MO DY YEAR TRANSACTION DESCRIPT ION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 8152 05-31-2008 13 J-PAY 8152 05-31-2008 50 SWANN ERIN ACT 84 TRANSACTION 50.00 53.12 9154 06-02-2008 10 66100 INMATE EMPLOYMENT 05/31/08 -10.00 43.12 9154 06-02-2008 50 CDAL Payroll 2008-05 ACT 84 TRANSACTION * Grp 1' 15.12 58.24 8154 06-02-2008 32 66/00 DAL COMMISSARY 06/02/08 -3.02 55.22 8161 06-09-2008 32 FOR 6/02/2008 DAL COMMISSARY -20.64 34.58 FOR 6/09/2008 -26.05 8 53 8166 06-14-2008 13 J-PAY . 8166 06-14-2008 50 SWANN ERIN ACT 84 TRANSACTION 70.00 78.53 8168 06-16-2008 32 66100 DAL COMMISSARY 06/14/08 -14.00 64.53 8175 06-23-2008 32 FOR 6/16/2008 DAL COMMISSARY -21.90 42.63 3004 06-24-2008 37 FOR 6/23/2008 POSTAGE -20.21 22.42 8177 06-25-2008 34 JUNE CHARGES DAL CABLE TV -1.51 20.91 FOR 6/25/2008 -15.75 5.16 NEW BALANCE AS OF THIS STATEMENT -------------------> 5.16 2 2 P%S g cn N) O PETITION FOR WRIT OF MANDAMUS BRIAN VACULA V. PENNSYLVANIA BOARD OF PROBATION AND PAROLE * IN THE COMMONWEALTH COURT * OF PENNSYLVANIA * * * * DOCKET No. • 7 ,3 NOW COMES PETITIONER Brian Vacula, pro se, respectfully petitioning this Honorable Court for a Writ of Mandamus to be directed to The Pennsylvania Board of Probation and Parole and Avers the following in support thereof: 1. This Honorable Court has jurisdiction over this matter by virtue of Section 761 of Judicial Code 42 PA C.S. 761; 2. Petitioner Brian Vacula is currently confined in the State Correctional Institution at Dallas, Pennsylvania under the number EG-1308; 3. Respondent is The Commonwealth of Pennsylvania Board of Probation and Parole, an independent administrative agency of the Commonwealth of Pennsylvania with its principal office located at 1108 South Front Street, Suite 5100, Harrisburg, Pennsylvania; 4. Petitioner is currently serving a sentence of 3 to 8 years resulting from a conviction of Robbery; 5. Petitioner has a maximum term with an expiration date of April 15, 2010; 6. The above stated expiration date of Petitioner's maximum term should be September 15, 2008; 7. The Board's denial of Petitioner's Administrative Appeal was erroneous for the following reasons: a) Board erred as a matter of law i.e., double jeopardy; b) Petitioner had already been violated and served the violation time in 2003 and 2004. Said time should not have been used to extend the maximum date of Petitioner's sentence, extending it from 9/15/08 to 4/15/10 and doing so violates the Board's policies and bylaws; c) Petitioner's parole was violated in 2006 after 98 days on parole and that is the total amount that should be added to the maximum date; d) The time spent in a CSC Center (halfway house) under D.O.C. and Parole Board supervision should not count as "street time" to be added to Petitioner's maximum date because Petitioner was not, at that time, free on parole; e) Parole time cannot be recalculated and backdated each time Petitioner violates conditions of parole when time has already been served because it amounts to double jeopardy; f) Petitioner has cited case law in support of allegations as Exhibit A to this Petition; WHEREFORE Petitioner prays that this Honorable Court will reverse the determination of Respondant Board that denied Petitioner's Administrative Appeal, reversing the decision and readjusting the maximum parole date from April 15, 2010 to on or about September 10, 2008. Repectfully submitted, Brian Vacula, EG-1308 SCI-Dallas 1000 Follies Rd. Dallas, PA 18612 E X H I B I T A (case law pertinent to time spent at halfway house) 1. McMillian v. PA Board of Probation and Parole, 2003 WL 1903755 (PA Cmwlth 2003); 2. Meehan v. PA Board of Probation and Parole, 808 A.2d 313, 317 (PA Cmwlth 2002); 3. Cox v. Commonwealth Board of Probation and Parole 507 PA 614, 493 A.2d 680 (1985); (case law pertinent to double jeopardy) 1. Lewis v. Commonwealth Pa Board of Probation and Parole, 74 PA Cmwlth 335, 459 A.2d 1339 (1983); 2. Commonwealth v. Fair, 345 PA Super 61, 497 A.2d 643 (1985); 3. Commonwealth v. Broden, 258 PA Super 408, 392 A.2d 858 (1978) E X H I B I T B 1. Gair v. Pa Board of Probation & Parole, PICS Case No. 08-0811 (PA Cmwlth May 13, 2008); 2. Tate v. Pa Board of Probation & Parole, 396 A.2d 482, 40 Pa Cmwlth 4 (1-18-79); 3. Colloway v. Board of Probation & Parole, 857 A.2d 218 (Pa Cmwlth 9-1-04). it PROOF OF SERVICE I, Brian Vacula, pro se appellant, do hereby certify that on the day of 2008 did serve a true and correct copy of my Petition For Writ Of Mandamus upon the persons at the following addresses indicated below by sending same in the United States Mail, first class, postage prepaid, which satisfies the requirements of Pa.R.App.P. 121 and the "Mail-Box Rule" (Commonwealth v. Jones, 700 A.2d 423 [Pa. 1997]): Dated: By. ?x ?"? `; ? ? c... ? :.• - ,r`"'r-. w C? ,'? ?, C ?i ? :?* ? 2 BRIAN VACULA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA BOARD OF PROBATION AND PAROLE 08-4023 CIVIL TERM ORDER OF COURT AND NOW, this L ? day of July, 2008, this court having no jurisdiction to enter any order involving matters before the Pennsylvania Board of Probation and Parole, the within petition, IS DISMISSED. By ZBrian Vacula, EG-1308 SCI Dallas 1000 Follies Road Dallas, PA 16612 sal eery m7iLL Edgar B. Bayley, J. j U A - C) P I C, 1 E? mui 1{j! C 0 C=D C? N