Stephanie Tarapchak,
IN THE COURT OF COMMON PLEAS
Petitioner
OF LACKAWANNA COUNTY
Habeas Corpus – Civil Action
V.
Warden Robert McMillan,
No. 15-CV-4207
Respondent
PETITION IN SUPPORT OF RULE TO SHOW CAUSE WHY PETITIONER SHOULD NOT
BE GRANTED HABEAS CORPUS RELIEF
1. The Petitioner is Stephanie Tarapchak, an inmate at the Lackawanna County Prison, with
an address of 1371 N. Washington Ave., Scranton, PA, and shall hereafter be referred to
as Tarapchak.
2. The Respondent is Warden Robert McMillan, the duly appointed Warden of the
Lackawanna County Prison with an address of 1371 N. Washington Ave., Scranton, PA
and shall hereafter be referred to as the Warden.
LAW
3. 42 Pa. C.S.A. 6502 (a), relating to Power to Issue a Writ, provides that any judge of a
court of record may issue the writ of habeas corpus to inquire into the cause of detention
of any person or for any other lawful purpose.
4. 42 Pa. C.S.A. 6503 (a), relating to Right to Apply for a Writ, provides that except as
provided in subsection (b), an application for habeas corpus to inquire into the cause of
detention may be brought by or on behalf of any person restrained of his liberty within
this Commonwealth under any pretense whatsoever.
5. 42 Pa. C.S.A. 6504, relating to Return of Writ, provides that the writ, or the order to show
cause why the writ should not issue, shall be directed to the person having custody of the
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person detained. It shall be returned within three days unless for good cause additional
time, not exceeding 20 days, is allowed. The person to whom the writ or the order is
directed shall make a return certifying the true cause of the detention and, except as
otherwise prescribed by general rules or by rule or order of court, shall produce at the
hearing the body of the person detained.
6. Habeas corpus is a civil remedy, regardless of whether the prisoner has been detained
under civil or criminal process. Commonwealth ex rel. Paylor v. Claudy, 366 Pa. 282, 77
A.2d 350 (1951); Commonwealth ex rel. Master v. Baldi, 166 Pa.Super. 413, 72 A.2d 150
(1950), cert. denied, 340 U.S. 866, 71 S.Ct. 88, 95 L.Ed. 632 (1950), and Commonwealth
v. Wolfe, 605 A.2d 1271, 1273 (Pa. Super. 1992).
FACTS
7. On December 19, 2013, the Office of the Attorney General filed a criminal Complaint
against Tarapchak in Lackawanna County.
8. On January 1, 2014, Tarapchak was apprehended in Schuylkill County by local authorities
and placed in the Schuylkill County Prison on $100,000.00 straight bail.
9. On January 2, 2014, Tarapchak was transferred to the Lackawanna County Prison.
10. Lackawanna County Bail Authority, Magistrate Terrance Gallagher, set Tarapchak’s bail
at $100,000.00 straight cash.
11. Tarapchak’s criminal docket number is 14-CR-550.
12. On April 28, 2014, Judge Vito Geroulo modified Tarapchak’s bail from $100,000.00
straight cash to $25,000.00, 10% permitted. See Exhibit “A”.
13. On or about May 5, 2014, $2,500.00 was deposited with the Clerk of Court of the
Criminal Division on Tarapchak’s behalf.
14. On May 5, 2014, Judge Vito Geroulo issued an IP Order directing Tarapchak to be placed
in the Lackawanna County House Arrest Program. See Exhibit “B”
15. Paragraph three (3) of the IP Order dated May 5, 2014, states as follows: “Pursuant to #61
P.S. Section 2141, if you fail to abide by all conditions set forth by the House Arrest
Programs or fail to return to Official Detention, a Bench Warrant will be issued for your
arrest and Escape Felony Charges will be filed. See Exhibit “B” at ¶ (3).
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16. Paragraph four (4) of the IP Order dated May 5, 2014, states as follows: “This Order will
serve as a temporary Bench Warrant until Formal Charges for Escape are filed by the
County District Attorney’s Office. . See Exhibit “B” at ¶ (4).
17. On October 23, 2014, Tarapchak was summoned by House Arrest to appear at its office
for the purpose of discussing her whereabouts on the previous evening as the electronic
monitoring equipment indicated she went beyond electronic surveillance for several
hours, at which time Tarapchak was subjected to extensive interrogation by House Arrest
Director, Patrick Lynn, without the benefit of counsel, even after Tarapchak repeatedly
demanded her counsel, Joseph P. Kalinowski, be summoned before speaking.
18. On October 23, 2014, after Tarapchak was interrogated without counsel present, she was
handcuffed, taken into custody and re-incarcerated in the Lackawanna County Prison by
the Lackawanna County House Arrest Program at the direction of the prosecutor, Deputy
Attorney General, Mr. Robert LeBar.
19. Tarapchak has remained incarcerated awaiting trial since October 23, 2014.
20. Tarapchak was never provided with a Bench Warrant hearing, relating to alleged bail
violations, before the issuing authority, Judge Vito Geroulo, notwithstanding the fact that
she was at all times represented by the Office of the Public Defender, Joseph P.
Kalinowski, and subsequently by appointed counsel, Bernie Brown.
21. Both Atty. Joseph P. Kalinowski and Atty. Bernie Brown were aware that Tarapchak was
being held in the Lackawanna County Prison on a bail violation, but she did not get a
Bench Warrant hearing before the issuing authority, Judge Vito Geroulo, on the issue of
alleged bail violations, because neither attorney would file a Writ of Habeas Corpus.
22. 234 Pa. Code, Rule 536 (A) (1) (b), relating to Procedure upon violation of Bail
Conditions, states as follows:
(1) (b) When a violation of a condition occurs, the bail authority may issue a bench
warrant for the defendant’s arrest. When the bench warrant is executed, the bench
warrant proceedings shall be conducted pursuant to Rule 150.
23. 234 Pa. Code 150, relating to Bench Warrants, states as follows:
(A) In a court case when a bench warrant is executed, the case is to proceed in
accordance with the following procedures:
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(1) When a defendant or witness is arrested pursuant to a bench warrant, he or she
shall be taken without unnecessary delay for a hearing on the bench warrant. The
hearing shall be conducted by the judicial officer who issued the bench warrant, or,
another judicial officer designated by the president judge or by the president
judge’s designee to conduct bench warrant hearings.
24. 234 Pa. Code 150 (A) (3), relating to Bench Warrants, states as follows:
(3) When the individual is arrested in the county of issuance, if the bench warrant
hearing cannot be conducted promptly after the arrest, the defendant or witness shall
be lodged in the county jail pending the hearing. The authority in charge of the county
jail promptly shall notify the court that the individual is being held pursuant to the
bench warrant.
25. 234 Pa. Code 150 (A) (5), (a) and (b), relating to Bench Warrants, state as follows:
(5) The bench warrant hearing shall be conducted without unnecessary delay after
the individual is lodged in the jail of the county of issuance on that bench warrant.
a. When the bench warrant is issued by the supervising judge of a ‘‘multi-county’’
investigating grand jury, the individual shall be detained only until the
supervising judge is available to conduct the bench warrant hearing.
b. In all other cases, the individual shall not be detained without a bench warrant
hearing on that bench warrant longer than 72 hours, or the close of the next
business day if the 72 hours expires on a non-business day.
26. 234 Pa. Code 150, (A) (7), relating to Bench Warrants, states as follows:
(7) If a bench warrant hearing is not held within the time limits in paragraph
(A)(5)(b), the bench warrant shall expire by operation of law.
27. 234 Pa. Code 150 (B), relating to Bench Warrants, states as follows:
(B) As used in this rule, ‘‘judicial officer’’ is limited to the magisterial district judge or
common pleas court judge who issued the bench warrant, or the magisterial district judge
or common pleas court judge designated by the president judge or by the president judge’s
designee to conduct bench warrant hearings, or in Philadelphia, trial commissioners.
28. The Docket Sheet for Tarapchak at 14-CR-550 does not indicate that the Warden
complied with 234 Pa. Code, Rule 150 (A) (3) which required him to notify the court that
Tarapchak was being held pursuant to a Bench Warrant.
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29. Tarapchak was not afforded a hearing before Judge Geroulo within seventy-two (72)
hours of incarceration by the Lackawanna County House Arrest Program.
30. Tarapchak was not afforded a hearing before Judge Geroulo at any time after seventy-two
(72) hours of incarceration by the Lackawanna County House Arrest Program,
notwithstanding the fact that she was at all times represented by the Office of the Public
Defender, Joseph P. Kalinowski, who was removed from her case, thereafter represented
by appointed counsel, Attorney Bernie Brown.
31. Tarapchak has been illegally detained in the Lackawanna County Prison since October 27,
2014 in violation of 234 Pa. Code 150, relating to Bench Warrants.
32. Tarapchak has had her liberties deprived since October 27, 2014, in violation of her
constitutional rights.
33. The temporary Bench Warrant issued by Judge Vito Geroulo has long expired.
34. Tarapchak has a right at law for a hearing before a court of record within three (3) days on
the issue of her detention in the Lackawanna County Prison on a Bench Warrant pursuant
to 42 Pa. C.S.A. 6504.
WHEREFORE, for the valid reasons stated above, the Petitioner respectfully submits that
she is being illegally detained in the Lackawanna County Prison and requests a hearing within
three days. Plaintiff further requests relief in the nature of granting her Writ of Habeas Corpus of
releasing her from detention at the Lackawanna County Prison.
Respectfully submitted,
Stephanie Tarapchak
Lackawanna County Prison
1371 N. Washington Ave.
Scranton, PA 18509
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VERIFICATION
This is to verify that the statements made herein are true and correct to the best of my
information, knowledge and belief. I understand that my statements are subject to 18 Pa § 4904,
relating to Unsworn Falsification to Authorities.
July 6, 2015
__________________________
Stephanie Tarapchak
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CERTIFICATE OF SERVICE
This is to certify that I, Stephanie Tarapchak, did cause to be served upon the parties listed
below a true and correct copy of the foregoing Petition for Writ of Habeas Corpus on this 6th day
of July, 2015, by hand delivery:
Warden Robert McMillan
Lackawanna County Prison
1371 N. Washington Ave.
Scranton, PA 18509
_____________________________
Stephanie Tarapchak
Lackawanna County Prison
1371 N. Washington Ave.
Scranton, PA 18509
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