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Home My WebLink About00-00945 DAVID J. COOLEY v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~OOC- 9~S (!;O'l~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this L day Of~ 2000 upon Petition of David J. Cooley, a hearing is set on the License Suspension Appeal for the :J.;}nd day of ~J ' 2000, at I: 30 o'clock -j2-.m. in Courtroom Number d, cumberlan~unty Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. Distribution: J.~ ~ . 3-X 0 Ii K3 George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 ,".',' "I' . ....~...-.., . '~-_.-'. ~j." ~k_. ~.M-'--''''~''''' JJr~IliUi!il~ , -- '~, . "'~"""- ~."""'- ~'.'''' [ I RLEl)--QPFIOE OF IHE F'ROTHONOTARY 00 HAR -/ PH 1: 46 CUMBEAL4ND COUNTY PENNSYLVANIA i i I , i I I DAVID J. COOLEY v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ,2,tniJ - Q'f5' ~ -{~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, David J. Cooley, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, David J. Cooley, is a Pennsylvania licensed driver with a residence address of 29 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of license suspension by way of letter dated February 7,2000 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on March 13, 2000, at 12:01 a.m. for a period of six (6) months for a violation of Section 3736 of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. The proposed suspension is illegal, improper, and invalid for some or all of the following reasons: a. Petitioner's summary conviction is presently on appeal in Cumberland County Court and a hearing has not yet been scheduled.. WHEREFORE, Petitioner respectfully requests that this Court issue a supersedeas and stay the proposed suspension as outlined in the Department's notice of February 7, 2000 and schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully submitted, Date:~ MANCKE WAGNER HERSHEY & TULLY B5dre 1.0.#43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 , "'"r' f ," :"~ " "'" ~ o c o o LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN B, MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY 17110 AREA CODE 717 234-7051 HARRISBURG, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements hetein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: K /lad ~/ W<f ,'^ -; "'.. : 1"""<' ~c ',""~",;:, " ,".,""",C',," """ .~., ",;;c."", .. __ ,H, ~ , CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of MANCKE WAGNER HERSHEY & TULLY, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 11l:XJay of February, 2000, at the address listed below: George Kabusk, Esquire PA Department of Transportation Riverfront Office Center, Third Floor 1101 South Front Street Harrisburg, PA 17104-2516 By:j~ G --h.bU~ Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY i', '1',\' " ~,-- . ' ... p/o.-f2 c l -;; Od /;;z, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 07, 2000 DAVID J COOLEY 29 lHNEBERRY DR MECHANICSBURG PA 17055 WID t 000319283156998 001 PROCESSING DATE 01/31/2000 DRIVER LICENSE t 25693196 DATE OF BIRTH 06/22/1981 Dear MR. COOLEY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 01/28/2000 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 12/21/1999: . Your driving privilege is SUSPENDED fol' a pel'iod of 6 MONTH(S) effective 03/13/2000 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instl'ucti~ns vel'Y cal'efully. Even if you have sel'ved all the time on the suspension/I'evocation, we cannot I'estol'e YOUI' dl'iving pl'iv- ilege until all the I'equil'ements al'e satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 03/13/2UUO. You may surrender these items before, 03/13/2000, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 9.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not I'eceive cl'edit toward sel'ving any suspension until we I'eceive YOUI' license(s). Complete the following steps to acknowledge this suspension. ~ EXHIBIT ~ ill i> .-fL ~ ~ ~ 000319283156998 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send you a 1.e.tt.er .aski.ng that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if YOU do not own a vehicle registered in Pennsylvania. xmportant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPE:AL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, FEBRUARY 07, 2000. Xf you file an ap- peal in the County Court, the Court will give you a time- stamped certified copy. of the appeal. Selld this time-stamped certified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to Penn DOT by 03/13/2000. Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 0'1 '~ >- -:t a: j?:: ,,:"; ;:::: ('-:; ~~J:~ ..,.:~ C'__ .,,:... l~"". !~I c:,~ kl L'.., lL. C1 '""- U :J a (,) ~ WE D,O HEREBY CERTIFY TKj\T THE WITHIN IS A TRUE AND COR- RECT COPY OF THE ORIGINAL FILED IN THIS ACTION BV ATroRNEY r-- j-'" .s; ~~ ~ d . ~ ~a <:> -...... --'0 ~ 0:>- W --' I;; 0 Z ...J w'" " :J n: <(I-m~ 13 I- <{ ~S03~~ ~ >- LL " ~ u.I W P ~~I~m U (() (1)a: Za:~~ <(W"I ~I . . LAW OFFICES '" YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE .TO THE '''''''''a ;"J== ~~~ W f~tY:E~~ ' MAY BE ENTEAEO AGAINST YOU " MANCKE, WAGNER, HERSHEY & TULLY \ \ :, FEB 2 3 2oaf;' ArrORNEY LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN B. MANCKE P, RICHARD WAGNER DAVlO E. HERSHEY WILLIAM T, TULLY HARRISBURG, PA 17110 AREA CODE 717 234-7051 May 15, 2000 The Honorable Edgar Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: David J. Cooley v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing Docket # 2000-945 License Suspension Appeal Dear Judge Bayley: PennDOT's counsel is in concurrence with my proposed order relative to the above- captioned matter. An appeal in this matter is no longer necessary. If this order is acceptable to you, please sign the original and make it part of the official record. If you have any questions Of comments, please feel free to contact me. Thank you for your consideration. Sincerely, David E. Hershey DEH:tlk ~,' ' ,,",' ~",""'1'" '-"""'~~ "I:"'~", ~." ~" - ,~, ","' DAVID J. COOLEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING DOCKET # 2000-945 CIVIL LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ~I't day of ~oo, upon receipt of confirmation from counsel in this case that the hearing on the above docket is now moot as a result of a successful summary appeal on the underlying Vehicle Code violation. The hearing is hereby canceled. This matter is remanded to the Department of Transportation for correction of Defendant's driver record. /1 .' / Distribution: Prothonotary's Office George Kabusk, Esq., Penn DOT, 1101 S. Front St., Harrisburg, PA 17104-2516 David E. Hershey, Esq., 2233 N, Front Street, Harrisburg, PA 17110 "; ~ill, . "'-- "c -<, """ "-.;'1!!~ ""' ' !ili"",m~~' ~~"_~",_'.l<_~ ~!iil;';l-liiil~~_' 11'. " '~,s^r"'.',;,,,:_,^,_ ,'''" "...", " . .~,~.. " . ',", """~~- lill. ^- PU:.D-OfFICE O~ Tt',;: cnr'Tl-'nHOiT'A!RV ( ,. n_ ,. ,VLL ,\.J,', i"\;\ GO 1'1~(y I " p\,\ \: 5 \ ell' 'Q"~I ,,"."JU'rT\/ vI'J1LJtHJ>',;\lU LA. l~ \ 1 PENNSY1.;/ANiA j tf,;ii~}:1:tJ~ItW;;~~2'i0!1lE:;\5\;p_q;;:{,~:~~\!;r;;~Y!Tti-S:,12t~;r;%;f" ( f I ,J. ..J. I:) ..... (lJ "'~ ~ \L\ ul :- ;: ::::: ".. ~ == ::... E- ".. - - :- - =- ~ - ~ ::- ~ ~ "'" ~,rv ~~~ l ~. ~ \.:, . ~ ~ t ~ ~ . ~\". ~ ~, " ~s " -0~ 'YJ Q, "" . ' -:; ;~ r: g ) / '6 ;. I 1 , \. , Randy & Brenda McKenrick 755 Kriner Road Chambersburg, Pa. 17201 Phone- (717) 709-1233 Fax --(717)-264-0320 Court of common Pleas Cumberland County Carlisle, Pa. We have ~mtbpoena for a case"'against'Jemre-Donohoo#OM)945. He did assault our son, Andy MeK-enriek-an.dwe wiil try to be with~ when he must appear-in COM. We du-wishw-infmm you tbafall that we know ofthe case first hand is seeing Andy'si'ace the folloWing eveniilg and receiving the bills: We own a boarding kennel so1he day after Labor Day"is-oneof otlf busiest. We ha"e no help so if we must appear in court on September the 51h we would lose a considerate amount of money. I would alsolike'to iufUll11-you1:hatuur-Son Andy is llulliving in Piu.sbwgh without a car So he would appreciate as much notice as p'ossibte btUUIe his appearance. 'A-s he will- have'to have time ufffrom work he"wilinot be-ab:le1o 1i'Irive in Chamooisbw g until he is needed for thetriai.It ls'a ~h<lllU:1bat this' acliun-conid not have taken-piace ina spet:dit:l 1l1lUll1t:l it:; he-hal;ireenli v iilg in tht: aI t:<l11trtrl several weeksago. This inciderifill!ppened on"bis b"irthday PebrullrY '9th and he repeated tookiime out of-classesiCr1tppearm cowl liecause JesseDonohoemd-not appear. Please contact us at the above number. Sincerely, ~ /l,Q Brenda McKenri k "- Thank you Brenda McKenrick .. r:--- ,u " " .~, " ,