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HomeMy WebLinkAbout01-0131 ..~. "' CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: STANLEY SHANNON v. COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING NO. 01-131 CIVIL TERM 2803 CD 2002 The documents comprising the record have been numbered from No. 1 to 44, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 12/27/02. cd~~y Jane H. Sparling, Dpty. An additional COPy of this certificate is enclosed. Please si!w and date COpy. thereby acknowledging receipt of this record. Date Signature & Title j -, "- Among the Records and Proceedings enrolled in the court of Common Pleas in and for the to No. CUMBERLAND 2803 CD 2002 01-131 CIVIL in the Commonwealth of Pennsylvania county of Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY STANLEY SHANNON v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING SEE ATTACHED CERTIFIED DOCKET ENTRIES. , ~ ~- _-__.-,...M~_..,..-________-..-" ,..,....~__~___" ..-. . ,..-" . ,. ,. .. ;--' '--'." .. ~,- . ~ ...... .7 . ",... - '-""'<t Commonwealth of Pennsylvania County of Cumberland ~~ . ~ -~,.. _.~,. _ h -c. . ~'\ } SS: I. Curtis R. Lona . PJothonotary of the Court of Common Pleas in and for said County. do hereby certify that the foregoing is a full. true and correct copy ofthe whole record ofthe case therein stated. wherein Stanley Shannon Plaintiff. and Comm of PA. Dent of Transn. Bur of Dr Lir-ensin9 Defendant _~ as the same remains of record before the said Court at No. 0] -1 31 of Ci vi ] Term. A.D. 19_. hereunto set my hand and affixed the se I of said Court day of . D.. Illl102-. In TESTIMONY WHEREOF. I have this 27th rothonotary I, George E. Hoffer President Judge of the Ninth Judicial District. composed of the County of Cumberland, do certify that Curtis R. Lona , by whom the annexed record. certificate and attestation were made and given~ and who~ in his own proper handwriting. thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County. was. at the time of so doing. and now is Prothonotary in and for said County of CUMRRRT.AND in the Commonwealth of Pennsylvania. duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere~ and that the said record, certificate and attestation are in due form of law and made by t r r r. Commonwealth of Pennsylvania County of Cumberland } ss: resident Judge L Curtis R. Lana . Prothonotary of the Court of Common Pleas in and for thc said County. do certify that the Honorable Georae E. Hoffer. P. J . by whom the foregoing attestation was made. and who has thereunto subscribed his name, was. at the time of making thereof, and still is PresidentJudge of the Court of Common Pleas. Orphan' Court and Court of Quarter Sessions of the Peace in and for said County. duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given. as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 27th y 0 ecember A.D. I?002 . Prothonot.ary NIl~ ~ "" 8 9 {to '1,~ c. (12 13 14 15 20 19 21 22 - 26 32 - 41 42 - 43 44 PYS510 ~~ ~.._' -~._,~..., -- Cumberland County Prothonotary's Office - Civil Case Inquiry 2001-00231 SHANNON STANLEY (vs) COMMONWEALTH OF PENNSYLVANIA Page 2 Reference No..: Case Type.....: APPEAL - LICENSE SUSP Judgment... ... .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 1/08/2001 3:25 0/00/0000 0/00/0000 2803 _cb 2002 *************************************************************************-******* General Index Attorney Info SHANNON STANLEY APPELLANT HERSHEY DAVID E. 15 SOUTHSIDE DRIVE NEWVILLE PA 17241 PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING 1101 SOUTH FRONT STREET HARRISBURG PA 17104 2516 APPELLEE ******************************************************************************** * Date Entries * ******************************************************************************** 2/08/2001 1/12/2001 3/30/2001 9/28/2001 9/20/2001 4/15/2002 8/19/2002 8/19/2002 9/25/2002 10/24/2002 27 -13.:J{21/2002 12 lID ,L21l112 12/05/2002 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM SUSPENSION OF DRIVERS LICENSE ------------------------------------------------------------------- ORDER OF COURT - DATED 01-12-01 - HEARING ON 03-19-01 AT 2:00 PM IN CR 2 - BY THE COURT EDGAR B BAYLEY - COPIES MAILED 01-12-01 ------------------------------------------------------------------- ORDER OF COURT - DATED 3/29/01 - HEARING DATE IS RESCHEDULED TO 9/24/01 AT 1:30 PM CR 2 - BY EDGAR B BAYLEY J - COPIES MAILED ------------------------------------------------------------------- MOTION FOR CONTINUANCE - BY DAVID E HERESHEY ESQ ------------------------------------------------------------------- ORDER OF COURT - DATED 9/20/01 - IN RE MOTION FOR CONTINUANCE - THE HEARING SCHEDULED ON THE WITHIN CASE FOR 9/24/01 IS CANCELLED THE CASE IS CONTINUED GENERALLY WHEN THE APPEAL PENDING IN THE SUPERIOR COURT OF PENNSYL~~IS IS CONCLUDED- DAVID E HERSHEY ESQ SHALL IMMEDDIATELY FORWARD A COPY OF THE ORDER TO THIS COURT AND TO COUNSEL FOR THE DEPARTMENT OF TRANSPORTATION - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 9/25/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 4/15/02 - A HEARING ON THE WITHIN APPEAL SHALL BE CONDUCTED AT 1:30 PM ON 8/26/02 IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED MOTION FOR CONTINUANCE - BY DAVID E HERSHEY ESQ FOR PETITIONER ------------------------------------------------------------------- ORDER - DATED 8/19/02 - IN RE PETITIONER'S MOTION FOR CONTINUANCE - IT IS HEREBY ORDERED AND DECREED THAT MOTION IS GF~TED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------------- ORDER OF COURT - DATED 9/25/02 - A HEARING ON THE WITHIN LICENSE SUSPENSION APPEAL SHALL COMMENCE AT 2:00 PM 10/21/02 IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------~------ ORDER OF COURT IN RE APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE BEFORE BAYLEY J - 10/24/02 IT IS ORDERED (1) THE FOLLOWING NOTICE OF THE DEPT OF TRANSPORTATION SUSPENDING THE DRIVING PRIVILEGE OF STANLEY SHANNON IS VACATED. (2) THE SUSPENSION OF APPELLANT'S DRIVING PRIVILEGE FOR ONE YEAR FOR HIS CONVICTION FOR DRIVING UNDER THE INFLUENCE IS SUSTAINED EDGAR B BAYLEY JUDGE COPIES MAILED 10/25/02 ------------------------------------------------------------------- NOTICE OF APPEAL TO COMMONWEALTH COURT FROM THE ORDER THAT WAS FILED IN THIS MATTER ON 10/24/02 - BY TERRANCE M EDWARDS ESQ ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT EDGAR B BAYLEY J ------------------------------------------------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 2803 CD 2002 EXHIBITS ,. i PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2001-00131 SHANNON STANLEY (vs) COMMONWEALTH OF PENNSYLVANIA Filed. . . . . . . Time. . . . . . . . . : Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 2 ,: / Reference No. . : Case Type.....: APPEAL Judgment..... . Judge Assigned: BAYLEY Disposed Desc. : ------------ Case Comments - LICENSE .00 EDGAR B SUSP 1/08/2001 3:25 0/00/0000 0/00/0000 2803 CD 2002 - - - - - - - - - - - - - - LAST ENTRY ******************************************************************************** * Escrow Information ~ * * Fees & Debits Bea Bal Pvmts/Adl End Bal * ********************************~********~************************************** APPEAL LIC SUSP TAX ON APPEAL SETTLEMENT JCP FEE APPEAL 35.00 .50 5.00 5.00 30.00 35.00 .50 5.00 5.00 30.00 .00 .00 .00 .00 .00 75.50 75.50 .00 ******************************************************************************** * End of Case Information * ************************-******************************************************** TRUE COPY FROM RECORD In Testimony Whereof, i here un~o S5! my llallO ,illS the-Eew af S[,iil "OlJ at Carlisi;;) Pa, [hi '. .{fA da I ; "<1.u(jJ ~.',- - ...~:~ v .,".. -'''';:''...,M"_:,,,''''-_ o i - 0 {J I (2, r. '!- ;-e?;rL IN THE COMMONWEALTH COURT OF PENNSYLVANIA STANLEY SHANNON v. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING. Appellant No. 2803 C.D. 2002 ORDER NOW, JanuarY 28, 2003, upon consideration of appellant's application to transfer appeal, the application is, granted and this matter is transferred to the Supreme Court of Pennsylvania. The Chief Clerk shali certify a 'photocopy of the docket entries of. the above matter and the record to the Prothonotary of the Supreme Court of Pennsylvania. In addition to mailing copies of this Order to counsel of record, the Chief Clerk is directed to mail a copy of same to Judge,.Edgar B. Bayley, of the Court of Common Pleas of Cumberland County. BY THE COURT: ~~ S.J. Certified from the Record JAN 2 9 ZOCD and Order Exit fig r'" ;>...3 >- r-- E; c; t.(O ~~ .<.. ;:;:: ='< uj'----:" 0-' C);;::;': r' ~1Z: 77~-~, ~- '----'::::f G:;--:- "'" "-,,..-. 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