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Home My WebLink About00-08253 M . _.. .," ~_'". neM,., .m.I_, 4':,."'~'Jo'" '.,. _""0 ;"'1.",' "~"M"V."'_;'.~"dc'i;:..;;'~L~',,,,,, ." ___"~"n'" , , COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- f c1S3 CIVIL TERM v. : CIVIL ACTION--LA W BENJAMIN AARON PAXTON, Appellant : LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~day of N" v ( -.10 e..r ,2000, upon consideration of ~he within petition, a hearing is set for the 811- day of 4~ ' 200L at 4:'15 -t.m. in Courtroom ~ of the Cumberland County Courthouse. Pending said hearing, the suspension of Appellant's driving privileges is stayed. BY THE COURT, J. Jam,es K. Jones, Esquire Attorney for Appellant 7 Irvine Row Carlisle, PA 17013 !~ -fY)aJJ.. JJ-LJ-OO ~K5 Pennsylvania Department of Transportation Office of Chief Counsel Attorney for Appellee Third Floor Riverfront Office Center , Harrisburg, PA 17104-2516 .. ~ P-tu1A1;I1~b ~ .l ~ ': ~;, II ,_ !', .-'''~ '" ~- FiLED-QFFlCE nr T;.!,!::' .!JOOTHf1NorAny ....'r '.1:..,. . 'I~L ',.....- 1i"V1 00 DEe -/, PH 2: 06 CUMBERLAND COUNTY PENNSYLVANIA ~, . "",-1,',"","" .' ,~ -. " '!II'~~i'<<!l'" !!lrll!~ 'i!lIMi"'~~""~'e_'~ , , "- ,I'l!''fll~~ -!If !ll:"'H~~ 1'_., "-' - " -,.,...,--- -,-- '" ,.", ,," '.'_J-N '., ~'lc'" _I "'.." >1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- r.2 6) CIVIL TERM v. CIVIL ACTION--LA W BENJAMIN AARON PAXTON, Appellant : LICENSE SUSPENSION APPEAL APPEAL FROM LICENSE SUSPENSION 1. On or about October 25, 2000, Appellee, Bureau of Driver Licensing, notified Appellant, Bel1jamin Aaron Paxton, that his operating privilege would be suspended due to a conviction entered on October 15,2000 for violating g3736(a) of the Vehicle Code (Reckless Driving). 2. Upon receipt of the original citation in the mail, Appellant entered a "not guilty" plea and notified ,he District Justice's office of his new mailing address. 3. The District Justice's office forwarded a hearing notice to Appellant by certified mail to the new address. 4. Despite the fact that Appellant lived at the address, the Post Office returned the trial notice to the District Justice's office with a notation of "attempted-not known." 5. The District Justice's office took no further action in attempting to notify Appellant of the hearing date. 6. On October 17, 2000, the District Justice conducted a summary trial without the presence of Appellant and thereafter found him guilty of the charge. I ' 1. Appellant was never aware of the scheduling of the hearing date until he received notice from Appellee that his license would be suspended. , . , 8. The conviction is invalid since Appellant was denied his due process rights to be notified that a heering has been scheduled' at his request. " " WHEREFORE, Appellant requests this Court to schedule a hearing in this matter and thereafter rule that the underlying conviction does not support the suspension of his driving privileges. Respectfully submitted, .' -, ~// --e:~/ // ,F ,,/ ....- .....- ~/ .--- Jamev :fones, Esquire Attorney for Appellant 7 Irvine Row Carlisle, P A 17013 (717)240-0296 ----- -', " H~ ". I "",'" -~ .~ ,I', "" ,- '-- < ,,~ -,,-1;'_,',' " " . I verify that the statements made in this Appeal from License Suspension are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn falsification to authorities. /j~~~~/ Benjaml A. Paxton " ~hIl''';:;'' '~. --r"':-'-'Ii*ill:...",,,..~...i_i~,,,,,,~,,",0,,,,"~- " ~-illt~W;l!r .., I "' ."',~ . { f,t "" (" C )} r: ~ c{ ~.-~ ,-j ~ D (N F~ '- '" (; '0,,, " ~. '1IIiliIiIIIIM n C'J ("" C 0 .J <.:..- -'1 ""[] f?; '~ III (:3 J :2 "" j -;-) c- f\.) r';:;: ....~ ,-.., C/) '" -i--;r~3 -~ j'" c , -"1 f .-- -'.! C) ~; CJ :-:'J ."1', .....::.. -.. :~2 "",") ):~,Ci (~ '- ~~) rn % ~;! -; !'0 -< .;::- ~:o -<;; ~ J? -J::; .. ~ v. -c. ~ , 0. e ~ t t'. ~ .' ,t COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee "' , ~ ~ ,", ~ '- ~~ ~.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BENJAMIN AARON PAXTON, Appellant NO. 00-8253 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of January, 2001, upon consideration of the attached letter from James K. Jones, Esq., attorney for appellant, the hearing previously scheduled for February 8, 2001, is continued to Monday, July 23, 2001, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, George Kabusk, Esq. Office of Chief Counsel Department of Transportation Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee y ~ 0' tjt J"~ 'Mi\i)..SNN3d 1"1 JJN~S6 O\,'r>\:ljB\"I(\..; \ w~r \0 'l \ t~ V\d \\ ,,,,, I ~O 'I C\'\OL\ \ v';,,; .' ^'d~- iJB~ic.-OT,\j James K. Jones, Esq. 7 Irvine Row Carlisle, PA 17013 Attorney for AppellarIt :rc ,h,.' ';' " .d., ~ '.A "~ .1 ".: .,", .~~~ THE LAW OFFICE OF JAMES K. JONES, ESQUIRE ATTORNEY AND COUNSELOR IN THE GENERAL PRACTICE OF THE LAW 7 IRVINE ROW CARLISLE, PA 17013-3019 .Iames K. Jones, Esquire . Dirk E. Berry. Esquire Telephone (717) 240-0296 Fax (717) 240-0066 Email: JKJONESY@aol.com January 15,2001 hdge J. Wesley Oler, Jr. Cuniberland County Courthouse 1 ('ourthouse Square Carlisle, P A 17013 RE: PemIDot v. Benjamin Aaron Paxton No. 00-8253 Civil Term Dear Judge OIer: The underlying conviction in the above matter for reckless driving has been ),-,solved with a plea to careless driving. Therefore, PemIDot will need to adjust their e,:'>:>rds accordingly. As it appears that this matter has been resolved, it will not be l1ecessary to hold the hearing currently scheduled for February 8, 2001 at 2:45 p.m. Ikwever, after discussing the matter with George Kabusk, Esquire, we would request that Mhearing date be rescheduled for June or July to allow PemIDot to properly enter the careless driving conviction and thereafter I would withdraw the appeal. Thank you for your kind consideration in this matter. If you have any questions, or need any further information, please do not hesitate to contact either party. Sincerely yours, 0!?V/ James K. Jones eel George H. Kabusk, Esquire "~"Behjamin A. Paxton ' lKJ/inej " O'~: ~ : .. ~ :';'~.li ~~~,;' >. Y4# , 1 ~ ~', ~~ " .', ,~' ,,- ,', '....' ~ "" ",--' COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION BGRLAL' OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8253 CIVIL TERM v. : CIVIL ACTION--LA W BENJAMIN AARON PAXTON, Appellant : LICENSE SUSPENSION APPEAL PRAECIPE P,ease withdraw Appellant's Appeal From License Suspension in the above matter. Respectfully submitted, J~2&- Attorney for Appellant 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 '",',-" -""",..,;,...i.:.J.~::'" *Iilii~ ',..L'I"'--o~.d'.'"'.RiliMlil'~"""~~ ~, ~ .."",~ ~"'" "&- ",",<, ,"",- ", -=~iil -' ~',,'" ,.' 8 :-o~ D'irr, 2=:J:i 055: is>- ~C5 ~0 ::;:0 ~ ~ liirIiIiIii c:;, - i;? I"~ k ;;e I\> <.v ,",,::! ~ - <.v " /';\dJ ~y;' {~:g ("::'-1.. '::'7J~) oj,' ~~C5 dll1 ?ii' .... -- 10 " COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BENJAMIN AARON PAXTON, Appellant NO. 00-8253 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of January, 2001, upon consideration of the praecipe to withdraw Appellant's appeal from license suspension, the hearing previously scheduled for July 23, 2001, is cancelled. BY THE COURT, 0~ ~ J-liO \ U 0 \ ~'P George Kabusk, Esq. Office of Chief Counsel Department of Transportation Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, P A 17104-2516 Attorney for Appellee James K. Jones, Esq. 7 Irvine Row Carlisle, PA 17013 Attorney for Appellant :rc , '~',o;'",~. ,,~,o " ' I "C . " ;";.,,J~,: '. , ,... -4" BARRY E. KlTZMILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-8254 STEVEN DEVINS, Defendant : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, Barry E. Kitzmiller, in the above- captioned action. Respectfully submitted, CALDWELL & KEARNS Dated: :2 /; .r /0 / 01-45/20527 I ' . Marsico, ey ID# 69804 , 631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Barry E. Kitzmiller 1...,,;,--, ~'. ,',I " ';;'--:~"";"~'--'~il-", '~ _,', '-,I ',', .. - . CERTIFICATE OF SERVICE AND NOW, this ()Dth day of February, 2001, I hereby certifythatI have served a copy of the within Amended Complaint on the following by depositing a true and correct copy of the same in the D.S, Mails at Harrisburg, Pennsylvania, postage prepaid, certified/return receipt requested addressed to: Mr. Steven Devins 402 Sioux Drive Mechanicsburg, P A 17055 CALDWELL & KEARNS H~ ~~l1Vl1{f1l)