The URL can be used to link to this page

Home My WebLink About00-04660 CHARLES JOSEPH RIZIO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. m ~ J/ ~IP/) ~ COMMONWEALTHOFP~ DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this stl day of ::y \.t...., ,2000, upon petition of Charles Joseph Rizio, . \ a hearing is set on the License Suspension Appeal for the 3/ Pday of r1..u. ~ 2000, at 10: 3tJ o'clock a.-.m., in Courtroom No. L,Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, all proceedings to stay meanwhile. ., Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to S 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. BY THE COURT: il/e-v .~ J. ~{p ~<< <I{<'(~ Distribution: Office of Chief Counsel, P A Department of Transportation, Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 William T. Tully, Esq., 2233 N. Front St., Harrisburg, P A 17110 . ~ '7?,.,:t;"..Lu.~ 1- (p-OQ :;:()- -'''''''!l'!i'', ,~ l';;~. ^ ~~ "~-J""'-""~~'!R'.lr&>!i"""rl;;:i.''',ii't',;e!''ihi\i.-r.I^M''''''!i;'.1t'g.,.;'tik,~<;j~;''''''L'!_f_-4i!",il!l:@:j,;\M",,"-i':<.,t'>l'U':,*,#Jl;lff~~i!lil~lM:!l~~""'-- n~' ~-~!:~-~~:~~,,;A~'\\}\ ARY \)/i h: n \ nu ,.\\.\\. ~G "\-' ','.. n C'ouNiY C' 't'Q~.'U';"j.J .J. o "p8'\iNSYLIJI\l\\\P\ llii!.:li!i - .~, -~ ~ W~ .,,- . , CHARLES JOSEPH RIZIO, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. tHJ. 'I (" (,,0 ~ r~ COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW comes Petitioner, Charles Joseph Rizio, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: 1. Petitioner, Charles Joseph Rizio, an adult individual, is a licensed driver within this Commonwealth, and has a residence address of 1300 Mallard Road, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, has a mailing address of 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Petitioner received a notice of suspension with a mail date of June 2, 2000, alleging that his operating privileges were to be suspended as a result of a violation of Underage Drinking on April 1 , 2000. See Exhibit A attached hereto and made a part hereof by reference. 4. The above-mentioned suspension is illegal, invalid and improper for some or all ofthe following reasons. ""~ -, ' " '. " a. The underlying summary conviction for underage drinking was appealed timely to the Court of Common Pleas of Cumberland County, Pennsylvania, on_May 26, 2000, and a fmal disposition has not been made by that Court. WHEREFORE, Petitioner prays that this Honorable Court grant a supersedeas on the suspension, as outlined in Exhibit A, until such time as there is a final disposition by the Court of Common Pleas of Cumberland County on the underlying summary conviction. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner Date: lJ. ~Jo, ~CO ~ ../c:.~...<:..-:$. William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 LD. #36410 '"--~~<"-, ., CHARLES JOSEPH RlZIO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, William T. Tully, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon all interested parties by certified, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Office of Chief Counsel PA Department of Transportation Bureau of Driver Licensing 11 01 South Front Street Harrisburg, PA 17104 Date: &-. ,6)~ ~CD c::::: ..? "j/~ William T. Tully, Esq. ->~. VERIFICATION The undersigned, William T. Tully, hereby verifies and states that: 1. He is the attorney for Charles Joseph Rizio, and is authorized to make this verification on his behalf; 2. The statements set forth in the foregoing License Suspension Appeal are knowo to him and not necessarily to the client; 3. The statements set forth in the foregoing License Suspension Appeal are true and correct to the best of his knowledge, information and belief; and 4. He is aware and understands that any false statements therein are subject to the penalties contained in 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: ~ -a')~ -00 " Wi~li~;;~~/~ .k~ ""~ ~.,. ! COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 02, 2000 ETTERS PA 17319 001476114933406 001 OS/26/2000 25759081 04/25/1981 CHARLES JOS~PH RIZIO 1385 VALLEY RD LICENSE IN BUREAU Dear MR. RIZIO: As a result of your violation on 04/01/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 2 YEAR(S) as mandated by section 1532D of the vehicle code. The effective date of suspension is 04/16/2003, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JUNE 02, 2000) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTXFXED MAXL TO: PENNSYLVANXA DEPARTMENT OF TRANSPORTATXON OFFXCE OF CHXEF COUNSEL THXRD FLOOR, RXVERFRONT OFFXCE CENTER HARRXSBURG, PA. 17104 Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing ')II~, I1Ir , . 001476114933406 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Bo;x: 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE j~'-r;> "' , "I _" ~__~ ., ~- ~ AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 . CHARLES J. RIZIO, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEAL 1H OF P A., DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 00-4660 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of September, 2000, upon consideration of the attached letter from William T. Tully, Esq., attorney for Petitioner, the hearing previously scheduled for August 31, 2000, is rescheduled to Thursday, November 9,2000, at 10:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, William T. Tully, Esq. 2233 N. Front Street Harrisburg, PA 17110 Attorney for Petitioner <. rt r? ~V~ J George Kabusk, Esq. Office of Chief Counsel PA Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc .".. , ," , , ' ~ 5,," ~~ _ <"'v~, ~" ,_'>" ,__ -I" I" """b'-~ _ ";"~i'M1ilIllIii~,tii!~~~~liilllilJii~h\l~ ..i" :":'Til,RY ('!:'r) ",::!"i .- ; :i '). C''f" ,(,. ;-l~ CiJ"'I.'''c,c....,.,.., " . b ~h...~ lO_J"',j ';u t.lLhJI\lTY PENNSYLVANiA . ". '''--''''llii" , ~ ~ iliilIIlli ~,"_1iiI'IidI ~ "~ '~'~~'-'-''''''''';1ilIiIiI~~ i E ;; - LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY HARRISBURG. PA 17110 AREA CODE 717 234.7051 August 30, 2000 The Honorable 1. Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Charles Joseph Rizio v. Penn DOT License Suspension Appeal No. 00-4660 Civil Dear Judge Oler: Please be advised that a decision on the appeal of the summary conviction underlying the above-referenced license suspension has not yet been rendered by Judge Bayley. Therefore, we are requesting that the license suspension appeal hearing be continued to November 9, 2000, at 10:30 a.m. George Kabusk, Esq., attorney for the Commonwealth, has no objection to this request. Your attention is appreciated. Very truly yours, W&,~-rI~Q3 William T. Tully, Esq. WTT/ccs cc: George Kabusk, Esq. ~~, - Be i I. _ ~O,,' _7,_',_,"'_ ~ -- CHARLES J. RIZIO, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PA., DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 00-4660 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of November, 2000, upon relation of William T. Tully, Esq., attorney for Petitioner, that he is withdrawing the License Suspension Appeal previously filed in this matter on July 6, 2000, the hearing scheduled for November 9, 2000, is cancelled. BY THE COURT, ,1 '1 William T. Tully, Esq. 2233 N. Front Street Harrisburg, PA 17110 Attorney for Petitioner t~ -1YI~ J/-/3-00 RX~ ,', George Kabusk, Esq. Office of Chief Counsel PA Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent , , ! .1 H ',',',,,,-'- "" "", '_'-_r_"'-,_" 1 ,--- --,,, .~,'--- ~o = "-"~'''Ij[l:L1i!! " ~"" ~--~ ~~._-, ~ ~' -Iiiiil ,,-, .~~~~IIl~1iI$ ,,~ ^,wo < ~li'~-'~ ~--=.'-'~~ ''i, ........., ;: lL.ED.-CFfICE (V. '-, ,.- d'.' 'lA)1"I'Y )!~ ! l' :-: ,;~.ii"! fA' I 00 N01] I 3 M'I 9: 31 "u,,","'.-". '-., "OU"l.Y U l\jlDt'.I"'\U,,~:',.~tJ U '1'1 PEl\Ji~SYL'/ANIA fr , CHARLES JOSEPH RIZIO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 00-4660 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW LICENSE SUSPENION APPEAL To the Prothonotary: Please mark the above-captioned license suspension appeal as withdrawn. Respe<;tfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner Date: Il-~-co ~~""'~~ William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D.#36410 --:?!1j1'liIffil. '" . CHARLES JOSEPH RIZIO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 00-4660 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George Kabusk, Esq. Office of Chief Counsel P A Department of Transportation 110 1 South Front Street Harrisburg, P A 17104 Date: II-~-(X) ~./i~./-b~ <~ William T. Tully, Esq. ""'.' ~ - "-