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HomeMy WebLinkAbout10-1151• 1 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 !_ii r?l + r "Qy is ail is 1 2C 13 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 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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. Ryan Eugene Erlston is a material witness whose testimony is necessary for the Commonwealth to sustain its burden of proof in the liquor enforcement matter. 6. Ryan Eugene Erlston, Inmate #HP3870, is currently incarcerated in the Cresson State Correctional Institution. Copies of the Commitment and Sentencing Orders are attached hereto as Exhibit 3. 7. Ryan Eugene Erlston 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. Ryan Eugene Erlston will be "in-house" transferred from Cresson 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 Cresson State Correctional Institution, do not object to releasing custody of Ryan Eugene Erlston for the purpose 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 Ryan Eugene Erlston 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 7 By: Thomas M. Ballaron Assistant Counsel 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 Counsel for Petitioner 3 7160 3401 4845 5576 8846 COMMONMIEALTH OF PENNSYLVANIA PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT V. TIA10THY K. TINDALE 1239 MARIi;ET ST. HARRISBURG, PA 17103-2229 DAUPHIN COUNTY License First Issued: April 4, 2007 CITATION CITATION NO. 08-1093 Incident No. W03-360793 LID - 57466 License No. R-18685 AP SS EHF 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 'WHEREAS, 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 M, 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 subject license, in violation of Section 404 of the Liquor Code, 47 P.S. §4-404. Timothy K. Tindale Citation No. 08-1093 Page 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 niinors 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 (1) 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(a). 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 Judge, 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 (10 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 t ent MAJOR J N P. LUTZ r Director Date: June 19, 2008 Andrew J. Lovette, Assistant Counsel Pennsylvania State Police Bureau of Liquor Control Ep_forcement. 3655 Vartan Way Harrisburg, PA 17110 Telephone: (717) 540-7413 VjYti? COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONTROL BOARD OFFICE OF ADMINISTRATIVE LAW JU7"1E 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 RE: Case No(s). 08-1093 LID 57466 Dear Licensee: CITATION HEARING NOTICE 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 PLACE OF HEARING: Very truly yours, March 11, 2010 at 10:00 AM Brandywine Plaza 2221 Paxton Church Road Harrisburg PA 17110-9661 EILEEN S. MAUNUS Chief Administrative Law Judge CERTIFIED MAIL - FIRST CLASS MAIL Return Receipt Requested CC: Administrative Law Judge PSP Counsel Reporting Agency File DC-26 SCI CRESSON COMMONWEALTH OF PENNSYLVANIA P.O. Box A DEPARTMENT OF CORRECTIONS Cresson, PA 16699-0001 814-886-8181 DETAINER ACTION LETTER OFFICE OF CHIEF COUNSEL SCI CRESSON PA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT DATE: 3655 VARTAN WAY 2/2/10 HARRISBURG PA 17110 ATTN: CONNIE L. YARRISH, LEGAL ASSISTANT 2 RE: REQUEST FOR INFO Inmate's Name: DOC NUMBER: RYAN EUGENE ERLSTON HP3870 Dear Sir: The below checked paragraph relates to the above named inmate: () This office is in receipt of the following report regarding the above named: Will you please investigate this report and advise what disposition, if any, has been made of the case. If subject is wanted by your department and you wish a detainer placed, it will be necessary for you to forward a certified copy of your warrant to us along with a cover letter stating your desire to have it lodged as a detainer, or indicate you have no further interest in the subject. () A detainer has been filed against this subject in your favor charging . Release is tentatively scheduled for . If this issue has been resolved, please forward the appropriate documents to remove your detainer. If this detainer is still active, we will contact your agency closer to the inmate's release date and make arrangements for you to transport him back to your jurisdiction. () Enclosed is your detainer warrant. Your detainer against the above named has been removed in compliance with your request. ( ?1) Other - As per your request for information, I have enclosed the sentence orders for both cases the inmate is currently serving and the DC16E which reflects the calculations. Sincerely, Sandra derula, RS COMMONWEALTH OF PENNSYLVANIA DC16E - SENTENCE STATUS SUMMARY DEPARTMENT OF CORRECTIONS Name: Ryan Eugene Erlston Inmate #: HP3870 Certified Version 5 Dated 12/11/2009 3:26:03 PM 1. DOC # Commitment Name HP3870 RYAN EUGENE ERLSTON DOB Place of Birth 06/23/1988 HARRISBURG PA USA REFERENCES AND IDENTIFICATION PBPP # SID # FBI # 26523036 879907MC5 Race !B Phila Photo # Sent Date I County/State/Federal 2. SENTENCE SUMMARY Sent Minimum Indictments Type - Y M D 05/20/2008 ` Dauphin CP5212 CT2/2007 12 6 1 - 5 Plea: Plead Guilty OTN: K5819251 Judge: LEWIS, RICHARD A. Offense: CC6106A1 - FIREARM NOT TO BE CARRIED W/O LICENSE 09/12/2008 Northumberland CP201 CT 1/2007 CC 16 Plea: Nolo Contendre OTN: K3576296 Judge: WIEST, WM. HARVEY Offense: CS13A30 - DRUG - MANUFACTURE/SALE/DELIVER OR POSSESS W/INTENT TO Sex M Maximum Y M D 24 Rece ti D t p on a e 05/29/2008 Reentered from DOC # C t lli Mi on ro ng nimum Date 07/07/2010 Tle w Maximum - PV Cont lli M i fi ro ng ax mum Date 01/07/2.013 rue Minimum Expiry Date RRRI Mi i E n mum xpiry Date Summary or Remarks on Sentence Remarks Version 5 created to reflect lifting of the Columbia Co Detainer. Version 4 created to reflect removal of the Dauphin County detainer, CP-22-CR-1857-2008. Version 3 created to reflect addition of Northumberland County sentence. This does not change the minimum or maximum. Version 2 created to correct commitment last name in mainframe. Version 1 not distributed. Boot Camp Recommended. 3. SENTENCE STRUCTURE Commitment Credit Computation 1 CP5212 CT2/2007 : 08/24/2007 to 12/14/2007, 04/29/2008 to 05/20/2008 12/11/2009 10:35:07 AM Inmate #: HP3870 - Ryan Eugene Erlston Version 5 Closed 12/11/2009 10:35:07 AM Page 1 of 3 Distribution: Inmate PBPP PSP BIS Counselor DC-15 Time File Name: Ryan Eugene Erlston Inmate #: HP3870 Certified Version No:5 Dated 12/11/2009 3:26:03 PM 3. SENTENCE STRUCTURE (Contn'd) Computation 2 CP201 CT 1/2007: 12/24/2006 to 02/20/2007 Remarks Bail/Escape/Interruption Time Data None Item Computation 1 Computation 2 Indictments included CP5212 CT2/2007 CP201 CT 1/2007 Eff Date 01/07/2008 07/15/2008 Expiration of Minimum 107/07/2010 01/15/2009 Expiration of Maximum 01/07/2013 07/15/2010 Custody for Return -PV Delinquent Time Backtime Credit Backtime Owed New Maximum - PV Sentence Computation Date 10/06/2008 10/06/2008 Basis for Computation Initial Underlapping Concurrent Total Sentence 2Y6M - 5Y 6M - 2Y ?- Status Active Active 12/11/2009 10:35:07 AM Inmate #: HP3870 - Ryan Eugene Erlston Version 5 Closed 12/11/2009 10:35:07 AM Page 2 of 3 Distribution: Inmate PBPP PSP BIS Counselor DC-15 Time File Name: Ryan Eugene Erlston Inmate #: HP3870 Certified Version No:5 Dated 12/11/2009 3:26:03 PM 4. NON-INCARCERATED OFFENSES Sent Date County/State/Federal Indictments 05/20/2008 Dauphin CP5212 CT2/2007 Description: CT3-Purch Etc Alcoh Bev By A Minor-NFP =Iii;i and CP201 CT 1/2007 pay costs presecution, pay fine of $150.00; and ACT 35 pay a supervision fee of $50.00 a month while on. Shall provide DNA sample as per Act 185 and pay all costs associated therewith. Comply ral conditions of special probation by the PBPP. Comments 5. DE TAINERS Active Detainers Detainer# Date ( Agency Agency Identification OTN Type None Deleted Detainers (For those deleted since last DC16) Detainer# Date Agency Agency Identification OTN I Type Deleted Remarks SENTENCED 10/28/09 TO 11D TO 23M WITH AUTOMATIC PAROLE WITH CREDIT FOR 11D/23 M PROBATION STARTING 10/28/09 UNDER COUNTY SUPERVISION 6. PRIOR DOC NUMBERS Last Modified By: Gerula, Sandra D Signed Off By: Koontz, Michele A Certified By: Gerula, Sandra D Institution: Cresson 12/11/2009 10:35:07 AM Inmate #: HP3870 - Ryan Eugene Erlston Version 5 Closed 12/11/2009 10:35:07 AM Page 3 of 3 Distribution: Inmate PBPP PSP BIS Counselor DC-15 Time File 7. ACTIONS: BOARD OF PARDONS SCI CRESSCt _ SEP 17 2008 COMMONWEALTH bPE SYLVANIA * IN THE COURT OF COMMON PLEAS INMA REC Hg OF NORTHUMBERLAND COUNTY, PA * CRIMINAL COURT DIVISION * NO. CR-07-201 RYAN E. ERLSTON, OTN: K 357629-6 DEFENDANT * CHARGE: POSSESSION WITH INTENT TO DELIVER (CT. 1) SENTENCE AND NOW, this 12d day of September, 2008, the Defendant, Ryan E. Erlston, having pled no contest, is hereby sentenced to pay the costs of prosecution, pay a fine in the amount of One Hundred Fifty ($150.00) Dollars and in accordance with the law pursuant to Act 35 pay a supervision fee of Fifty ($50.00) Dollars a month while on supervision to the Collector of Court Costs. IT IS DIRECTED that the Defendant shall undergo imprisonment in a State Correctional Institution for a period of not less than six (6) months nor more than twenty-four (24) months, with credit being given for fifty-nine (59) days of time spent in confinement on this offense, unless by operation of law it shall be computed otherwise. This sentence shall run concurrent to Dauphin County sentence. IT IS DIRECTED that the Defendant be sent and delivered to the State Correctional Diagnostic and Classification Center at Camp Hill, located at the State Correctional Institute at Camp Hill, Pennsylvania, and thereafter to such Correctional Institution as shall be designated by the Deputy Commissioner for treatment in accordance with the law and stand committed until this sentence of the Court is complied with. If the Defendant is accepted for supervision by the Pennsylvania Board of Probation and Parole, the Defendant shall comply with all General Conditions of Special Probation as set forth in 37 Pa. Code §65.4. The Defendant shall provide a DNA sample as per Act 185 requirements and pay all costs associated therewith. BY THE COURT: Wm. Harvey Wiest, Ju T cc: District Attorney Michael Romance, Esq. Probation ` Fry, tr„ Sheriff `;.'? :•; NCP (3) I1TOI,L?'??,IIZ?????hi?Zht?S SCI Records aw uasfi PA Board of Probation & Parole Court Costs Court Extracted from the records and ertified this l??da of _ A A.D. 200Y Clerk of Courts My Commission Expires First Monday of January, 2010 V?? ?u DC-30CB (PART 1) Rev. 12x/05 COURT COMMITMENT STATE OR COUNTY CORRECTIONAL INSTITUTION Commonwealth of Pennsylvania v. Ryan Eugene Erlston COMMITMENT NAME: (Erlston, Ryan Eugene) SEX DATE OF BIRTH SID OTN F pX M 0612311988 265-23-03-6 K 581925-1 MANDATORY SENTENCE BOOT CAMP RECOMMENDED - -110 P 3 Type or Print Legibly i JOMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS BOX 598 CAMP HILL, PA 17001-0598 Attn: Central Office Records U DC-300B (PART II) Attached COURT OF INITIAL JURISDICTION COMMON PLEAS COMMITTING COUNTY: Dauphin COURT NUMBER AND TERM: 0005212-2007 Ct. 2 COUNTY REFERENCE #: U Yes u No 0 Yes No The above defendant after X Pleading Guilty Nolo Contendere Being Found Guilty GBMI was on 05/20/2008, sentenced by Richard A. Lewis to Confinement for a term of not less than years, 30 months, days not more than years, 60 months, days, or Other for the offense of Firearms Not To Be Carried W/O License (Section 18 §6106 §§A1 of the Crimes and Offenses 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. Fine Cost: Restitution: Amount $1,000.00 Amount $560.00 Amount $0.00 Balance $1,000.00 Balance $560.00 Balance $0.00 CREDIT FOR TIME SERVED (EXPLANATION OF CREDIT COMPUTATION ON PAGE TWO) 135 Days THIS SENTENCE IS CONCURRENT WITH: THIS SENTENCE IS CONSECUTIVE TO: PROSECUTING ATTORNEY: DEFENSE ATTORNEY. Dauphin County District Attorney's Office Lawrence Joseph Bartel III DISPOSITION ON NON-INCARCERATION OFFENSE(S): (THIS BLOCK NOT TO BE USED FOR INCARCERATION OFFENSE) Ct. 1 - Aggravated Assault - Withdrawn Ct. 3 - Purch Etc Alcoh Bev By A Minor - No Further Penalty - Guilty Plea AOPC 2116 REV. 05/21/2008 USED FOR SENTENCE CERTIFICATION In witness, whereof I have hereunto set my hand and seal of said court, this _20 day of _May 2008 (SEAL) r y, AUTHOR ED SIGN URE Pagel of 2 Printed: 05121/2008 8:58AM Y? f/7 K/ Crime Victim's Compensation Fund - Victim/Witness Services Fund: Amount $60.00 Balance $60.00 EFFECTIVE DATE OF SENTENCE 05/20/2008 I ne sentence for Erlston, Ryan Eugene was computed as follows: Date of Sentence County or Ma i t i l Di t i Court Number a d Type Sentence Minimum Maximum Judge or OTN g s er a s ct r n Tenn Yrs. Days Yrs. Mos. Days Magisterial District Judge (Include Alpha Suffix) 05/20/2008 Dauphin 0005212-2007 Ct 2 0 30 0 0 60 0 Lewis, Richard A. K 581925-1 Total Sentence Credit for Time Served Locked Up (Location) Dates No. of Days From To Dauphin County Prison 08/24/2007 12114/2007 113 Dauphin County Prison 04/29/2008 05120/2008 22 Total 135 All Detainers Must Be Attached To This Form Total Number Of Detainers Attached Dated Indict - Warrant Nos. Remarks Recommendations of the Court Ct. 1 F2 - withdrawn. Ct. 2 F3 $1000 fine + costs. Eli ible for Boot Cam r). Ct. 3 S $100 fine + costs. The Following Additional Reports are Attached (DC-'300B, Parthll) t 11 Arrest Report ? FBI ? Pre / Postsentence ? Behavior Clinic El PSP Investigation Sentencing Sheet Sentencing Statement of Guidelines Costs The Following Additional Reports will be Forthcoming ? Arrest Report El Presentence or Postsentence Investigation USED FOR SENTENCE CERTIFICATION AOPC 2116 REV. 05/2112008 Page 2 of 2 Printed: 05/21/2008 8:58AM DC-14 CUMULATIVE ADJUSTMENT RECORD COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS SID CSCU Institudon HP3870 I Erlston, Ryan E. 06/10/2008 Per Carol Nuhfer called Northumberland County Clerk of Courts 1-570- 988-4148 requesting a aled Sentencing Orders for OTN K4687793, CP202-2007 and OTN K3576296, CP201-2007 be faxed to us before original is mailed. Spoke with Pat. Pat stated inmate has not been sentenced on either case yet. She stated these are open cases- -------------------------------------- End of Text --------------------------------- 06/11/2008 Called Dauphin County Clerk of Courts 1-717-255-2692 regarding whether OTN K7807450, CP1857-2008 should be lodged as a Detainer. Left message for Elizabeth to fax a copy before sending original in mail. Elizabeth called back stating we need to lodge Detainer. She will fax a copy before mailing certified copy. Received fax. -------- ----------------------------------------------------- End of Text 11? ?J Gloria Weaver Records Specialist USED FOR SENTENCE CERTIFICATION 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 By: Thomas M. Ba aron Assistant Counsel 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 Counsel for Petitioner CERTIFICATE OF SERVICE AND NOW, this ??e'day 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 Kenneth Cameron SCI Cresson Drawer A. Old Route 22 Cresson, PA 16699-0001 (814) 886-8181 Respectfully submitted, PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT -loo By: Thomas M. Ballaro Assistant Counsel 3655 Vartan Way Harrisburg, PA 17110 (717) 540-7414 Attorney I.D. #23370 Counsel for Petitioner COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL February 16, 2010 Dennis Lebo Clerk of Courts Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Pennsylvania State Police. Bureau of Liquor Control Enforcement v. Timothy K Tindale Citation No. 08-1093 Dear Mr. Lebo: Enclosed are original and four (4) copies of Petition for a Writ of Habeas Corpus Ad Testificandum by the Pennsylvania State Police, Bureau of Liquor Control Enforcement with regard to the above-captioned matter. We would request that your offices kindly time-stamp the enclosed extra copy and return same to our offices for our records. We have enclosed a self- addressed stamped envelope for your perusal. Thank you very much. Sincerely, Z4?K__? '-1 13 homas M. Ballaron Assistant Counsel TMB:cy Enclosures cc: Tanya Brandt, Department of Corrections, Transportation of Inmates (sent via Email) Superintendent John A. Palakovich, SCI - Camp Hill (w/encl.) Superintendent Kenneth Cameron, SCI - Cresson (w/encl.) OFFICE OF CHIEF COUNSEL I PENNSYLVANIA STATE POLICE BUREAU OF LIQUOR CONTROL ENFORCEMENT Pennsylvania 3655 VARTAN WAY I HARRISBURG, PA 17110 State Police Ph: 717-540-7414 1 Fx: 717-540-7461 1 www oso state. oa us 11 1"LU ~.~ ~~1tJ, '~~i~_J 4 ''~` `~~'f',~'~ 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 Z~~Q ~E~ 23 rz' ~~ ~ ~~ s PENNSYLVANIA STATE POLICE IN THE COURT OF COMMON PLEAS OF BUREAU OF LIQUOR CONTROL CUMBERLAND COUNTY, PENNSYLVANIA ENFORCEMENT vs. NO. ~d -l~S~ ~!V-~ L l TIMOTHY K. TINDALE , 1239 MARKET STREET , HARRISBURG, PA 17103-2229 , DAUPHIN COUNTY ORDER OF COURT ~~ AND NOW, to-wit, this ~..3 day of February, 2010, it is hereby ordered that the Superintendent of the Camp Hill State Correctional Institution produce Ryan Eugene Erlston, Inmate #HP3870 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 Ryan Eugene Erlston 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: oZ-~2„3 ~ld ~~Iot~£S rn~l~ ~'. ~~L1..~~ ~~ y~.~.