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Home My WebLink About00-06695 ;;;>--' - , , c___~,~-,,", , "~'-i'lill~i " CHAD MULLEN v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, ;(000- G,C,Q'5 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this ~ day of V LJ ,.2000 upon Petition of Chad Mullen, a hearing is set on the License Suspension Appeal forthed8~ day of ~JMA 2000, at q :,3z; o'clock {l....;m, in Courtroom Number I ,Cumberland County 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. BY THE COURT: :J , . rf\>~ n'..D-'\' ~ () ~\O'~;~ ~tt. Distribution: Prothonotary's Office George Kabusk, Esquire, Penn DOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 M~ ~ 71= -Il //)11 of IX) /f..<.J i I ~ i f I I Ii I I , II [!~ '. ~""~ ~~~~~~"""!~'*'_I llt,~.)(~ ~,..,..,.., r"r- i"...';'- 'r.~.~;C~,,i):q~ ou OCT I I ~= 'Dq!.i~_ \".r, 'f\i\'1 ' ',,)1/\1\) AI-i Ji::i7 CUH~::;:,.:,:'! i,';," ''', , i),:::J~ i~.:;:~ .~U CUUNiY c "Ji '10 YLVAi\j,I;\ I -,1I'R~."","",," P~HT;1iIj;;~i'P!,';l#,~li'W:,,"~r~",,'~~"~)'ml'!4'~jJ-'i~,~rw:.\!1'!q"'I'l1l!~:-;t,.~f,F,'''''''~~~,~.~,", , " I ~j - Ie l= _ '._ , ' f ~ J ' ~ " i '''", ' ," ~"" . !Riiv'-' .. CHAD MULLEN v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 0-0' {,(, <;S' ~ ~ LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Chad Mullen, by and through his attomeys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Chad Mullen, is a Pennsylvania licensed driver with a residence address of 7073 Carlisle Pike, Lot 152, Carlisle, Cumberland County, Pennsylvania 17013, 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 September 6, 2000 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on October 11,2000, at 12:01 a.m, for a period of one (1) year for a violation of Section 1547A 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: ..iHi' ~ ,I;. <," , . - " , ,~ .~ ,,' -_h ";;";~,",=,-, '~""",~t"-" ,. a. Petitioner's summary conviction is presently on appeal in York 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 September 6, 2000 and schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Respectfully submitted, MANCKE WAGNER H HEY & TULLY Date: /c-~-L.a-- By Da' . e I.D. #43092 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 ,""""'" . '"'~ ~,,<,L;, .' '. 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 c~ of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on tha2.~y of October, 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 B~~~ Tammy L. Kelly MANCKE WAGNER HERSHEY & TULL >< '~>l!fui' ~~' , __ ,I ~ 'J ........'"' ~, '~, ~glit.%:, .. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn fals' ication t DATE: /~- 2--?P' :"'" .."--" , ", , 'l1.1Iil1!!,", .' -.. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT DF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 06, 2000 CHAD W MULLEN 7073 CARLILSE PIKE LOT 152 CARLISLE PA 17013 WID I 002439283626637 DOL PROCESSING DATE 08/30/2000 DRIVER LICENSE i 23183280 DATE OF BIRTH 11/17/1973 Dear MR. MULLEN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 08/29/2000 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 05/30/2000: . Your driving privilege is SUSPENDED fo~ a pe~iod of 1 YEAR(S) effective 10/11/2000 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 inst~uctions ve~y ca~eful1y. Even if you have se~ved all the time on the suspension/~evocation, we cannot ~esto~e yoU~ d~iving p~ivilege until all the ~equi~ements a~e satisfied. COMPLYING WITH THIS SUSPENSION You most return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or b~fo~e 10/11/2000. You may surrender these items before, 10/11/2000, 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 identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d until we ~eceive you~ licensees). steps to acknowledge tho se~ving any suspension Complete the following "" EXHIBIT ~ ~ ~ ~ A- ~ ~ ~ , ,i' ~<~ '. 'I -.J l' 1,. r' '" , '.l.:"" "ri\li,~j! .r"~, '. ',," 002439283626637 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send yOU a letter asking 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. APPEAL 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, SEPTEMBER 06, 2000. Xf you file an appeal in the county Court, the Court will give yoU a time-stamped certified copy of the appeal. Send this time-stamped certified copy of the appeal by certified mail to: PENNSYLVANXA DEPARTMENT OF TRANSPORTATXON OFFXCE OF CHXEF COUNSEL THXRD FLOOR, RXVERFRONT OFFXCE CENTER HARRXSBURG, PA. 17104-2516 Remember, this is an OFFXCXAL NOTXCE OF SUSPENSXON. You must return all current Pennsylvania driver license products to PennDOT by 10/11/2000. 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 . .'~ r " CHAD MULLEN, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent " ;""'<h lAiH!i',b, . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6695 LICENSE SUSPENSION APPEAL ORDER OF COURT '7-~ AND NOW, this ~ day of December, 2000, upon consideration of petitioner's request for continuance and noting further that counsel for the Depart~nt,ofITransportation has no objection, this matter is hereby!' .o4l1'1' , d . The hearing is hereby rescheduled for 1h(J)Jd~ or;.?, 2001, at ,/:30 o'clock, a--. m., in Courtroom N. J . Distribution: George Kabusk, Esq., Office of Transportation, 1101 South David E. Hershey, Esq., 2233 N. By The Court: J. Chief Front Front Counsel, PA Department of . Street, Harrisburg, 17104 Clfcu4~ St., Harrisburg, PA 17110, 'n_frd /:J.. 0" r'o ~'l " ""CO" ,)!nnr on n;.>r' 0Q '-' .,01 .,0 (, ... An JI: lJ 0 CUM,~.~;~:Lj\i\:D CGUNTY t"'d~NSYlVAN!A . I ['., ~~I'~!'!\lI!l-~'C"~,~A~lr:, ~_r~lr!lfiiE~:~~~~'W$'g"r~'1~~"i;Hil'i'\",,,,,,,~i[fR'~l'W"f~~I~\iRiY!if",fi".k;ii'iit'i_~<""-,;,._-P;i'i'::"':'TI,,p~1I!IrF;\i'll~~~ - - d .~ Jl .,: " ""~~.-:;'.lI:~,~~J-#",-. CHAD MULLEN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6695 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, : Respondent LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE To The Honorable J. Wesley Oler, Jr., Judge of the Above-Said Court: NOW COMES Petitioner, Chad Mullen, by and through his attorneys, Mancke, Wagner, Hershey & Tully, who make the following averments in support of this request for a continuance: 1. The above-captioned appeal was filed on the basis that the underlying summary conviction was pending in York County Court. 2. The York County summary appeal had to be rescheduled due to a conflict in Petitioner's attorney's schedule. 3. A new date for the York County summary appeal has not yet been established. 4. Counsel for the Department of Transportation, George Kabusk, Esq., has been consulted regarding this request and has indicated that he has no objection to the continuance of the above- captioned matter for the reasons stated herein. 5. petitioner anticipates that the underlying summary appeal will be rescheduled within the next ninety (90) days. d"""cil.i"-UIli'~1:!J1&lIil '. ~,..,;,~~ ~ . Jt,;;,;t . WHEREFORE, Petitioner prays that This Honorable Court continue this matter to a date certain for late March or early April, 2001. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Date: !Z-~1-~?P Attorneys for Petitioner 'Fz;1~ DaVi~ Hershey, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D. #43092 ;;-~""""' "-~_~_I~" .~ - I~ J . ~~_~ -"-<'i'~)~,(. . CHAD MULLEN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6695 : COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, David E. Hershey, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties, by certified mail, addressed as follows: George Kabusk, Esq. Office of Chief Counsel Pennsylvania Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104 Date: /2-2-7 -CP c::: ~~~- David E. Hershey, Esq. ,~ '. .~ " _ fiilt:ii!2!lbJll.i'!' VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. DA'I'E: J Z-J- 'J - cO -"iJ';j~""-l!liI_ '0_- u -.~ '~~,*,;j,-. CHAD MULLEN v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6695 LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER OF COURT AND NOW, this4.day of April, 2001, upon stipulation of the attomeyfor Petitioner and the attorney for the Department of Transportation, the license suspension appeal hearing is continued to the~'ti day Of~, 2001, at )/):'/5 o'clock cl.m. in Courtroom Number / , Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania to allow opportunity for the Department of Transportation to correct Petitioner's record consistent with his underlying summary appeal held in York County Court. BY THE COURT: Distribution: t~~L 01-/0 -0 J ~~S Prothonotary's Office George Kabusk, Esquire, Penn DOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 ~ y;~d . . /..{-/o-ol . --M...- ~1 "_~' ~_~J JiB" u ;u_~..,~_ ,~.. . f"" \ n 13\ AI '" ..., ~-, . ,. "., , ,., , f"L ,',);.' '/ "",DT/\.R1 PL'-"; \ \: oZ j',i. ".. I'" I"NI _, ," , ,-',;' ,- oJL\\ l C'U'I,}'IO";L-o"I""i !\\'.d_) 'J J.'-'~ ,~" ',1".1'" PENNSYL\li-\\\It'\ I'"T"~ ,~~",=,'iIl~~l'i!~"~Jl<',\W\')''''.{;;l\''~''''"lif'!'f''''iif''~~~~ll~lWi,,":;'<W-<I';:f,''-~lJi'''i*i~~ , .- ~- , r.illi~ .~. _ L ~.'- ~~ Ii ~-'~: "'~jf-' ... ~ CHAD MULLEN v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6695 LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING PRAECIPE TO THE PROTHONOTARY: Please withdraw the license suspension appeal filed at the above docket as the appeal is now moot. Respectfully submitted, & Tully ~. David E. Hershey, Esq. 2233 N. Front Street Harrisburg, PA 17110 Distribution: Prothonotary's Office George Kabusk, Esquire, PennDOT 1101 South Front Street, Harrisburg, PA 17104-2516 David E. Hershey, Esquire 2233 North Front Street, Harrisburg, PA 17110 . ~~ . ... . , 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 tile 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 30th day of April, 2001 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;~n~ A ~ Tammy L. Kelly MANCKE WAGNER HERSHEY & TULLY I ;. .1 ". " CHAD MULLEN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CML ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 00-6695 CIVIL TERM ORDER OF COURT . " "j -~.'-"" ',l I 'it! AND NOW, this 3rd day of May, 2001, upon consideration of the attached letter from David E. Hershey, attorney for Petitioner, the hearing previously scheduled for June 6, 2001, is cancelled. BY THE COURT, d/~ esley Oler, r David E. Hershey, Esq. 2233 North Front Street Harrisburg, P A 17110 Attorney for Petitioner George Kabusk, Esq. Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc y ~ , c,l i ii I' I II .1' ! I I' 'i Ii II :i ::- ~~- ~ , ".'- i PI Ff\-(:;~Tlr:F OF -, '/:-;'~~i'1~'-' .:i~\~!""""".Arnl -' !f.~-'- '-:",Ji:.'.;.~/i'JI.)lf"\t1T 01 MAY -3 PH !: 26 CUtvJ3EHlAUU COUNTY PENNSYLVANIA .;','-""',:'- " < ~ . ~~ . <-.,"O_.,v_l, _~f1~ ~lio'!fl~~li_1'!' '~', -,,--,~.,<~, 1___ _,J"t~~j~"'t>!"~ ':';' , ,-'~" '.-., ,_'0 " ,-,~ '-u." " ~-, . ";;,~~<- il.'.!i.' LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HEFtSHEY WILLIAM T. TULLY ~~33 NORTH FRONT STREET HAR~ISBURG, PA 17110 PHONE (717) .?;34.7051 FAX (717) 234~7080 April 30, 2001 The Honorable J. Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Chad Mullen v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing - License Suspension Appeal Docket # 2000-6695 Dear Judge Oler: PennDOT has indicated to me that Mr. Mullen's record has been corrected consistent with his York County disposition. Accordingly, the license suspension appeal is now moot. I have filed a Praecipe withdrawing the appeal and the hearing for June 6, 2001 at 10:45 a.m. is nol/V unnecessary. If you have any questions or comments, please feel free to contact me. Thank you for your consideration. Sincerely, DEH:t1k cc: George Kabusk, Esq., Penn DOT (wI encl.) 1t4J' ....?' <'00;