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RONALD M. FOSTER v. COMMONWEALTH PENNSYLVANIA (03/17/81)

decided: March 17, 1981.

RONALD M. FOSTER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Ronald M. Foster v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.

COUNSEL

Ronald M. Foster, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Edward G. Biester, Jr., Attorney General, for respondent.

President Judge Crumlish and Judges Wilkinson, Jr., Mencer, Rogers, Blatt, Craig, MacPhail and Williams, Jr. Judge Palladino did not participate. Opinion by Judge Williams, Jr.

Author: Williams

[ 57 Pa. Commw. Page 554]

Before us is a pro se petition for review filed by Ronald M. Foster challenging an order of the Board of Probation and Parole extending the expiration date of the petitioner's maximum term. The Board, as respondent, has filed preliminary objections to the facial sufficiency of the petition.

We conclude that the pro se petition is hardly legible, lacks specific pleading and makes conclusory allegations.

We must therefore sustain the Preliminary Objections, and grant leave to the Petitioner to file an amended petition. We also direct that counsel be appointed to assist petitioner in that regard.

Order

Now, March 17, 1981, upon consideration of respondents' preliminary objections, said preliminary objections

[ 57 Pa. Commw. Page 555]

    are sustained; and the Petitioner is given leave to file an amended petition with assistance of Court appointed counsel.

1. The Office of the Public Defender of the County of Luzerne shall represent petitioner in ...


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