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HomeMy WebLinkAbout10-1152.ter •'•? Ir. i. •-r'if-;r Thomas M. Ballaron, Assistant Counsel PA Supreme Court ID #23370 Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7411 Counsel for Petitioner 2C10FFj Ica fi;l !? 15 CL'tV i 7 ) PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT, Petitioner VS. SUPERINTENDENT JOHN A. PALAKOVICH CAMP HILL STATE CORRECTIONAL INSTITUTION 2500 LISBURN ROAD CAMP HILL, PA 17001, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. j0-//5,Z PETITION FOR A WRIT OF HABEAS CORPUS Ad TESTIFICANDUM AND NOW comes your Petitioner, the Pennsylvania State Police, Bureau of Liquor Control Enforcement (BLCE), by and through its counsel, Thomas A Ballaron, and in support of the within Petition respectfully represents as follows: 1. The Petitioner is the Pennsylvania State Police, Bureau of Liquor Control Enforcement located at 3655 Vartan Way, Harrisburg, PA 17110, which is responsible for the enforcement of the Pennsylvania Liquor Code pursuant to Section 211 of the Liquor Code, 47 P.S. §2-211 et seq. 2. The Respondent herein is Superintendent John A. Palakovich of the Camp Hill State Correctional Institution., located at 2500 Lisburn Road, Camp Hill, PA 17001. 3. The Petitioner is the plaintiff in the liquor control enforcement action captioned as follows: Pennsylvania State Police, Bureau of Liquor Control Enforcement vs. Timothy K. Tindale, Citation No. 08-1093. A copy of the Commonwealth's citation is attached hereto as Exhibit 1. 4. A hearing on the merits of this enforcement matter is scheduled before The Honorable Felix Thau, at Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, PA 17110, on Thursday, March 11, 2010, at 10:00 a.m. A copy of the hearing notice is attached hereto as Exhibit 2. 5. Quindell Lee Swanson is a material witness whose testimony is necessary for the Commonwealth to sustain its burden of proof in the liquor enforcement matter. 6. Quindell Lee Swanson, Inmate 4JC2577, is currently incarcerated in the Forest State Correctional Institution. Copies of the Commitment and Sentencing Orders are attached hereto as Exhibit 3. 7. Quindell Lee Swanson will be released to and remain in the custody of an on-duty trooper of the Pennsylvania State Police who will transport him to the hearing and return him to prison immediately following the hearing on the same day. 8. Quindell Lee Swanson will be "in-house" transferred from Forest State Correctional Institution to Camp Hill State Correctional Institution on March 9th to accommodate his transportation to and from the hearing location. 9. The Superintendent of the Camp Hill State Correctional Institution, and the Superintendent of Forest State Correctional Institution, do not object to releasing custody of Quindell Lee Swanson for the purposes of testifying on behalf of the Commonwealth on Thursday, March 11, 2010. 2 WHEREFORE, your Petitioner respectfully requests this Honorable Court to issue an Order releasing Quindell Lee Swanson into the custody of the Pennsylvania State Police on Thursday, March 11, 2010, in order to facilitate his testimony at the above-mentioned liquor enforcement hearing. Respectfully submitted, PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT By: Thomas M. Ba aron Assistant Counsel 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 Counsel for Petitioner 3 Ce)'tifiecl Article Number 7160 3401 4845 5576 8848 ? r w, a r ? COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL CITA'T'ION NO. 08-1093 ENFORCEMENT Incident No. W03-360793 TIMOTHY K. TINDALE 1239 IWARIi;ET ST. LID - 57466 HARRISBURG, PA 17103-2229 DAUPHIN COUNTY License No. R-18685 AP SS EHF License First Issued: April 4, 2007 CITATION WHEREAS, the Pennsylvania Liquor Control Board has issued to you the above-referenced license and related permit(s) for the licensed terms ending February 29, 2008 and February 28, 2009; and \AhHEREAS, the Bureau of Liquor Control Enforcement is in possession of facts which leads it to believe that you have violated the Liquor Code, the Act of April 12, 1951, P.L. 90, as reenacted and amended, 47 P.S. §1-101, et sec, and the rules and regulations adopted pursuant thereto, in the following manner: On August 12, 2007, and August 20, 2007 through March 19, 2008, you, by your servants, agents or employees, failed to adhere to the conditions of the agreement entered into with the Board placing additional restrictions upon the suviect license, in violation of Section 404 of the Liquor Code, 47 P.S. §4-404. Timothy K. Tindale Citation No. 08-1093 Paee 2 2. On August 12, 2007 and December 22, 2007, you, by your servants, agents or employees, sold, furnished and/or gave or permitted such sale, furnishing or giving of alcoholic beverages to three (3) male minors and one (1) female minor, eighteen (18) to twenty (20) years of age, in violation of Section 493(1) of the Liquor Code, 47 P.S. §4-493(1). 3. On August 12, 2007, December 22, 2007, and one other occasion within the past year, you, by your servants, agents or employees, permitted seven (7) male minors and one (l) female minor, seventeen (17) to twenty (20) years of age, to frequent your licensed premises, in violation of Section 493(14) of the Liquor Code, 47 P.S. §4-493(14). 4. On January 12, 2008, you, by your servants, agents or employees, failed to require patrons to vacate that part of the premises habitually used for the service of alcoholic beverages not later than one-half hour after the required time for the cessation of the service of alcoholic beverages, in violation of Section 499(a) of the Liquor Code, 47 P.S. §4-499(a). 5. On January 12, 2008, you, by your servants, agents or employees, permitted patrons to possess and/or remove alcoholic beverages from that part of the premises habitually used for the service of alcoholic beverages after 2:30 A.M., in violation of Section 499(a) of the Liquor Code, 47 P.S. §4- 499(x). 6. On January 12, 2008, you, by your servants, agents or employees, permitted music played by a disc jockey until 2:55 A.M., in violation of Section 493(10) of the Liquor Code, 47 P.S. §4-493(10). Timothy K. Tindale Citation No. 08-1093 Page 3 NOW THEREFORE, you are hereby cited to appear before an Administrative Law .fudge, on a (-late to be scheduled by the Office of Administrative Law Judge, to show cause why such license should not be suspended or revoked or a fine imposed. You have the right to retain legal counsel to represent you. If you do hire an attorney, he or she must file a Notice of Appearance with the Office of Administrative Law Judge, Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, Pennsylvania 17110-9661, and forward a copy to the Assistant Counsel at the address listed below in accordance with 1 Pa. Code Subchapter C. Delay in obtaining counsel is not reason for any continuance. You have the right to waive your hearing. Such action is an admission to the charges. Should you choose to waive, the proper form is enclosed for your convenience. Upon receipt, the Office of Administrative Law Judge will process the forms and issue an adjudication. BY ORDER Bureau of Liquor Ca of Enforc ent e MAJOR J &'N P. LUTZ _f Director Date: Juiie 19, 2008 Andrew J. Lovette, Assistant Counsel Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17110 Telephone: (717) 540-7413 .,Jq'07 COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONTROL BOARD OFFICE OF ADMINISTRATIVE LAW JLT'-!E BRANDYWINE PLAZA 2221 PAXTON CHURCH ROAD HARRISBURG, PA 17110-9661 TEL (717)540-7419/FAX (717)657-40 January 28, 2010 TIMOTHY K TINDALE 1239 MARKET ST HARRISBURG PA 17103-2229 CITATION HEARING NOTICE RE: Case No(s). 08-1093 LID 574.66 Dear Licensee: The hearing on the above citation case(s) to show cause why the license issued to you by the Pennsylvania Liquor Control Board should not be suspended or revoked, or a fine imposed, or both has been scheduled for the time and place hereinafter set forth before Judge THAU. DELAY IN OBTAINING LEGAL COUNSEL IS NOT REASON FOR CONTINUANCE. If you intend to waive your right to the hearing in this citation matter and if you file the waiver(s) with this office later than the fifteenth (15th) day prior to the scheduled date contained in this notice, the hearing may not be cancelled and you may receive minimal or no consideration with regard to the penalty to be imposed. DATE & TIME OF HEARING: March 11, 2010 at 10:00 AM PLACE OF HEARING: Brandywine Plaza 2221 Paxton Church Road Harrisburg PA 17110-9661 Very truly yours, EILEEN S. MAUNUS Chief Administrative Law Judge CERTIFIED MAIL - FIRST CLASS MAIL Return Receipt Requested CC: Administrative L? PSP Counsel Reporting Agency File i . 9911 '°N NVH:0I OIOl 'Z 'q;? ;W1l pania3;? FAX COVER SHEET PENNSYLVANIA. DEPARTMENT OF CORRECTIONS PHONE NUMBER: 814-6212110 FAX NUMBER: 814-621-2136 CINDY RAYMOND - RECORDS SUPERVISOR - EXT 1137 JAMIE WILSON - RECORDS SPECIALIST 11- EXT 1136 RANDALL BRITTON - RECORDS SPECIALIST II - EXT 1135 MARY SAY - RECORDS SPECIALIST 11- EXT 1134 PATRICIA WEISENSTEIN - RECORDS SPECIALIST II -- EXT 1133 VICTORIA WESTERMAN - RECORDS SPECIALIST II - EXT 1132 PAGES INCLUDING COVER SHEET: TO: 5 Connie L. Yarrish FAX NUMBER: 717.540.7461 DEPARTMENT: Bureau of Liquor Control FROM: Cindy L. Raymond DATE: Information you requested per fax- 90/TO 39vd SgaO03a 1S3d0_J : IOS 2/212010 98TZTZ97T8 Ob:TT OTOZ/Z0/Z0 SCI FOREST 1 WOODLAND DRIVE PO- BOX 307 MARIENVILLE, PA 16239-0307 Feb, 2. 2010 9:21AN, PSP. HSG LCE LLCAL VC, I I01 r, 9911 'ON MH:0I 0I0 (. 'qIj 11-11j PIAI;O;? COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL February 2, 2010 Sent by Facsimile Only Randy Britton, Inmate Records Office S.C.I. - Forest 286 Woodland ]give P.Q. Box 307 Marienville, PA 16239-0307 RE: Quindell Lee Swanson, Inmate QC2577 Dear Mr. Britton,. Please accept this correspondence as a formal request (via facsimile) for a computer printout and copies of the Sentencing Orders and Case Number from the Court regarding the "sentence status summary" of the above-mentioned inm1e. This information is needed for the Bureau to prepare a Writ of Habeas Corpus Ad Testificandum with the Clerk of Courts for Quindell L. Swanson to be released into the custody of an on-duty trooper or SCI Camp Hill Officer(s) who will transport him for the purpose of attending an administrative hearing scheduled for Thursday, March 11, 2010 at 10:00 am. in Harrisburg, Pennsylvania before PLCB Administrative Law Judge Felix Thau.. Please be advised that Courtney Douden, of the Camp Hill Department of Corrections (Population Records), will make the required arrangements for an "in-house" ti-ansfor of Quindell L. Swanson upon receipt of the Writ signed by the fudge. Thank you for your attention to this matter. Should you need additional information, please contact me directly. Sincerely, Connic L. Yarrish Legal Assistant 2 OFFICE OF CHIEP COUNSEL I PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR COMM ENFORCEMENT Pennsylvania 3655 VARTAN WAY HARRISBURG, PA 17110 °stal6 police Ph: 717-540-7414 1 Fx; 717-540-74621 wWW.20•State.oa_0s 2, 90/ZO 39vd SQ22003?1 1S3d03:IDS 9ETZTZ9PT2 OP:TT 0T0Z/Z0/Z0 ?P 99 1i ' NAvEE :ouioZ!'Z q j_aulll paAiaaa? - OC-300B (PART 1) Sentencing r P Type or Print Legibly Rev. 12!05 COMMONWEALTH OF PENNSYLVANIA COURT COMMITMENT STATE OR COUNTY CORRECTIONAL INSTITUTION DEPARTMENT OF CORRECTIONS BOX 598 CAMP HILL, PA 17001.0598 Commonwealth of Pennsylvania Attn: Central Office Records V. Quindell Lee Swanson ? DC-3006 (PART II) Attached COMMITMENT NAME: (Swanson, Quindell Lee) COURT OF INITIAL JURISDICTION COMMON PLEAS SEX DATE OF BIRTH SID OTN COMMITTING COUNTY: Dauphin F ?X M 08/10/1989 K 849998-2 COURT NUMBER AND TERM: 0005546-2008 C1.1 MANDATORY SENTENCE BOOT CAMP RECOMMENDED COUNTY REFERENCE 0: Yes No Yes X No The above defendant after Pleading Guilty Nolo contenders Alford Plea Being Found Guilty GBMI sentenced by Bruce F. Bratton to Confinement fora term of not less than 1 years, months, days was on 06/03/2000 , not more than 2 years, months, days, or Other for the offense of Manuf/Del/Poss/W Int Manuf Or Del (Section 35 §760-113 §§A30 of the Health and Safety Code). It is further ordered that the said defendant be delivered by the proper authority to and treated as the law directs at the SCI Camp Hill facility located at 2520 Lisburn RD, PO Box 8837, Camp Hill, PA 17001-8837. RECIDIVISM RISK REDUCTION INCENTIVE (RRRI): RRRI = 9 mo Fine: Cost Restitution: Crime Victim's Compensation Fund - Vlctlmn/Ytness Services Fund: Amount $500.00 Amount $871,00 Amount $0.00 Amount $50.00 Balance $500.00 Balance $871.00 Balance $0.00 Balance $60.00 CREDIT FOR TIME SERVED (EXPLANATION OF CREDIT COMPUTATION ON PAGE TWO) EFFECTIVE DATE OF SENTENCE T 06/03/2009 0 Days THIS SENTENCE IS CONCURRENT WITH: THIS SENTENCE IS CONSECUTIVE TO: PROSECUTING ATTORNEY: DEFENSE ATTORNEY: Dauphin County District Attorney's Office - lewis Brian Christopher Jordan DISPOSITION ON NON-INCARCERATION OFFENSE(S): (THIS BLOCK MOTTO BE USED FOR INCARCERATION OFFENSE) CL 4 - Pose of Marijuana - No Further Penalty - Guilty Plea vo 43 In witness, whereof I have hereunto set my hand and seal of said court, this _3 day of June 2009 (SEAL) ED G TU AOPC 2115 REV. 06104/2009 CP-22-CR-0005548-2008 Page 1 of 4 Printed: 06/04 09 99:38A O 1(.J 90/EO 29t'd SQ?1003?J 1S2i10A:IDS 91'_TZTZ9VT8 OV:TT OTOZ/ZO/ZO 9911'IN_NVEZ:OI_0[0Z_'Z 'gaj_awll paAI;O;? DC-3005 (FART 11) Rev. 12JOS Type or Print Legibly COURT COMMITMENT COMMONWEALTH OF PENNSYLVANIA CONTINUATION SHEET STATE OR COUNTY CORRECTIONAL INSTITUTION DEPARTMENT OF CORRECTIONS BOX 598 CAMP HILL, PA 17001-0598 Commonwealth of Pennsylvania Attn: Central Office Records V. Qulndell Lee Swanson COMMITTING COUNTY: Dauphin COURT NUMBER t. 2 OTN: K 849998.2 AND TERM: 0005546-2008 C72- The above defendant after Pleading Guilty Nolo Contendere 10 Alford Plea 10 Being Found Guilty GBMI was on 0610312009, sentenced by Bruce F. Bratton to Confinement for a term of not less than years, 6 months, days not more than years, 12 months, days, or Other for the offense of Use/Poss Of Drug Paraph (Section 35 §780-113 %A32 of the Health and Safety Code). Fine: Cost. Restitution: Crime Victim's Compensation Fund - Victim/Witness Services Fund: Amount $100.00 Amount $0.00 Amount $0.00 Amount $0.00 Balance $100.00 Balance $0.00 Balance $0.00 Balance $0.00 CREDIT FOR TIME SERVED: 0 Days EFFECTIVE DATE OF SENTENCE . 06/0312009 THIS SENTENCE IS CONCURRENT WITH: 0005546-2008 Ct 1 THIS SENTENCE IS CONSECUTIVE TO: COMMITTING COUNTY: Dauphin COURT NUMBER AND TERM: 0005546-2006 Ct. 3 07N: K 849998.2 The above defendant after Pleading Guilty I E] N010 Contendere 10 Alford Plea Being Found Guilly GBMI was on 06103/2009, sentenced by Bruce F. Bratton to Confinement for a term of not less than years, 6 months, days not more than years, 12 months, days, or Other for the offense of Int Poss Contr Subst By Per Not Reg (Section 35 §780-113 §§A16 of the Health and Safety Code). Fine: C05L Restitution: Crime Viatim'a Compensation Fund - Victim/VYdnem Services Fund: Amount $100.00 Amount $50.00 Amount $0.00 Amount $0.00 Balance $100.00 Balance $50.00 Balance $0.00 Balance $0.00 CREDIT FOR TIME SERVED: 0 Days EFFECTIVE DATE OF SENTENCE: 06/03/2009 THIS SENTENCE IS CONCURRENT WITH: 0005546.2008 Ct -0 1 THIS SENTENCE IS CONSECUTIVE TO: ?r Ct e? ? ACPC 2116 REV. 06104/2008 CP-22-CR-0005546-2008 Page 3 of4 Printed; 0610412009 9:38AM 02/02/2010 11:,40 8146212136 SCI:FOREST RECORDS PAGE 06/06 The sentence for Swanson, Quindell Lee was computed as follows: Date of county or Court Number Type Senlence MinlMum Maximum Judge or UTN Sentence Magisterial pmrlct and Tenn Yrs. Mos. Days Yrs. M.S. Days Magisterial District Judge (Include Alpha suffix) 06/03/`000 Dauphin D005546.2008 Ct 1 1 0 0 2 0 0 Bretton, Bruce F, K 849998.2 06103/2009 Dauphin 0005546-2D08 C12 Cord. Cone. w/ Ct 1 0 B D D 12 0 Bralton, Bruce F. K 849998.2 08/0312009 Dauphin 0005546-2008 Ct 3 Conf. Conc. w/ CI 1 0 6 0 0 12 0 9ratton, Bruce F. K 849998-2 Total Sentence Credit for Time Served Dates No. of Days Locked Up (Location) From To Total All Detainers Must Be Attached To This Form Total Number Of Detainers Attached Dated Indict -Warrant Nos. Remarks Recommendations of the Coutt Ct 1 F 500 C/F. Report to sheriff b noon an 6112/09. RRR1= 9 mo. Ct 7 M 100 C/F. Ct 3 M 5100 C/F. Ct 4 M $50 C/F. Ct. 1 Confinement Condltlons: RRRI: RRRI = 9 mo. The Following Additional Reports are Attached LJ (DC•30 9' P?t 1111 ) ? Arrest Report ? F81 Pre / Po lsentence 11 Behduior Clinle El PSP Investigation Sentencing Sheet Sentencing Statement or Guldellnos Costs The Following Additional Report9 wilt be Forthcoming 1:1 Arrest Report (? Presentence or E] Postaenlonco Investigation AOPC 2116 REV. 06/04/2DD9 CP•22-CR-0005546-2008 Page 2 of 4 Printed: 06104/2009 9:38AM Received Time Feb. 2. 2010 10:23AM No.1166 • 9911'°N AV?Z:01 fl H Z q2? awi1 P1A1;3aa CONMNWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V QUINDELL SWANSON 5546 CR 2008 SENTENCING ORDER AND NOW, THIS 3RD DAY OF JUNE, 2009, 5546 CR 2008, Count one, I sentence the Defendant to a term of incarceration of not less than one year nor more than two years, pay a fine of $500.00, plus costs. Count two, to a term of not less than six nor more than 12 months and a fine of $100.00. Count three, to a term of not less than six or more than 12 months and pay a fine of $100.00. Count four, pay a fine of $50.00. All sentences to run concurrently with each other. DISTRIBUTION: STATE CORRECTIONAL INSTITUTION, CAMP HILL, PA. Certified: A True Copy J UIN 2 6 109 Clerk of tht; Court f-3 C=D > C C rri 4=) CD 71 .C C 90/90 39vd SGZ1003d iS3603:I0S 9£77917T8 Ob:TT 0TOZ/Z0/Z0 VERIFICATION I, Thomas M. Ballaron, Assistant Counsel for the Pennsylvania State Police, Bureau of Liquor Control Enforcement, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT I By: Thomas M. Ball ron Assistant Counsel 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 Counsel for Petitioner CERTIFICATE OF SERVICE AND NOW, this _Le?_ Tay of February, 2010, I hereby certify that a copy of the foregoing Petition for a Writ of Habeas Corpus Ad Testificandum of Pennsylvania State Police, Bureau of Liquor Control Enforcement was served upon the Respondent by First Class Mail: Superintendent John A. Palakovich SCI Camp Hill 2500 Lisburn Road Camp Hill, PA 17001-8837 (717) 737-4531 Superintendent Michael Barone SCI - Forest 286 Woodland Drive PO Box 307 Marienville, PA 16239-0307 (814) 621-2110 FAX (814) 927-8143 Respectfully submitted, PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT By: Thomas M. Ballaron Assistant Counsel 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 Counsel for Petitioner ~ : ' 7 I~ F~ _ T( it t.r ~'~'- ~ ~,I_, , (( f , ~ '" i~;i4~Y Thomas M. Ballaron, Assistant Counsel PA Supreme Court ID #23370 Pennsylvania State Police Bureau of Liquor Control Enforcement 3655 Vartan Way Harrisburg, PA 17 ] ] 0 (717)540-7411 PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT vs. TIMOTHY K. TINDALE 1239 MARKET STREET HARRISBURG, PA 17103-2229 DAUPHIN COUNTY 2010 FEB ~ 3 ~, 5~ ~; f ~.} c, i"r'_ , i ~._~i ~' FEB 2 2 2010 [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. j~ - ~ j ~ ~. ~ f !~ ~ ~ ~4~Z.y1~ ORDER OF COURT AND NOW, to-wit, this ~,3 flay of February, 2010, it is hereby ordered that the Superintendent of the Camp Hill State Correctional Institution produce Quindell Lee Swanson, Inmate #JC2577 on March 11, 2010, at or around 8:30 a.m., and release him into the custody of an on-duty trooper of the Pennsylvania State Police for the purpose of testifying in a hearing before the Office of Administrative Law Judge, Pennsylvania Liquor Control Board. It is further Ordered that Quindell Lee Swanson be returned by the on-duty trooper of the Pennsylvania State Police to the aforementioned facility immediately after giving his testimony in the above- captioned case. BY THE COURT: a f ~.~ f~~ ~~-'''1 X•J.