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HomeMy WebLinkAbout99-04345)M.? y?GG4 .I -n r F-T I j COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, Appellee NO. 99-4345 CIVIL 1999 V. CIVIL ACTION - LAW JOSEPH M. UHRINER, LICENSE SUSPENSION APPEAL Petitioner/Appellant ORDER OF COURT AND NOW, this 11th day of February, 2000, upon application of William J. Fulton, Esquire, attorney for Joseph M. Uhrinek, because Petitioner's Motion for Probation Without Verdict in the underlying case in Dauphin County at No. 3548 C.D. 1998 remains unresolved, the hearing in this matter otherwise having been rescheduled for February 11, 2000 is hereby CONTINUED until Friday, March 31, 2000 at 8:30 A.M. BY THE COU JUDGE EDWARD GUIDO R ?g ,. i :..., COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee V. JOSEPH M. UHRINEK , Petitioner/Appellant JUL 19 1998, 11 IN THE COURT OF COMMON PLEAS CUMBERLAND 9OUNTY, PENNSYLVANIA 43'15 NO. q q' CIVIL 1999 CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 0 day of 7W y, 1999, upon due consideration A'u6Ue of the within Petition for Appeal from order Suspending Driving Privilege, IT IS HEREBY ?OtRDERED AND DECREED that a hearing de novo shall be held on the /b bO day of jdd u` , 199 commencing at8 : 30 o'clock,, M. in courtroom number jr , of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Order of the Department of shall be stayed in the meantime. e:') ' 7 co vylS BY THE RT: J. ?.. ..Y COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee V. JOSEPH M. UHRINEK, Petitioner/Appellant IN THE COURT OF COMMON PLEAS CUNBERIMD COUNTY, PENNSYLVANIA NO.gq.q V CIVIL 1999 CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 16TH day of July, 1999, comes Petitioner/Appellant, JOSEPH M. UHRINEK, by and through his attorney, WILLIAM J. FULTON, who, pursuant to 75 Pa.C.S.A. §1550, files this Petition for Appeal from an order Suspending Driving Privilege representing that: 1. Petitioner is JOSEPH M. UHRINEK, an adult individual residing at 50 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025. 2. Petitioner possesses a currently valid Pennsylvania operator's license, Number 20 755 743. 3. Under letter dated June 28, 1999, the Pennsylvania Department of Transportation, Bureau of Driver Licensing, notified Petitioner that as a result of an alleged It conviction on 05/14/1999 of violating section 13A16 of the Vehicle Code, POSSESSION OF CTRL SUB on 08,/17/1998," his driving privilege was being SUSPENDED for a period of six months as mandated by Section 1532C of the Vehicle Code. A copy of the notice is attached hereto as Exhibit "A" and is incorporated herein by this reference. 1 4. It is respectfully submitted that said suspension is illegal and contrary to law for the following reasons: (a) There is no Section 13A30 of the Vehicle code. (b) Although Petitioner tendered a guilty plea to unlawful possession of a controlled substance before Judge Jeannine Turgeon on May 14, 1999 at No. 3548 C.D. 1998 in the Court of Common Pleas of Dauphin County, he was not sentenced. Instead, his request for probation without verdict pursuant to Section 17 of the Drug Act remains pending and under advisement by the court. (c) It appears that the record of Petitioner's alleged conviction has not been properly and correctly certified pursuant to 75 P.S. §6323(1) and 9511(h). 5. Petitioner respectfully reserves the right to raise additional and supplemental reasons in support of his appeal should other such grounds arise at or before hearing. WHEREFORE, pursuant to 75 Pa.C.S.A. §1550, Petitioner respectfully prays that Your Honorable Court accept this Petition for Appeal and grant him an appeal from the suspension order and schedule a hearing do novo to determine whether the Orders of the Department of Transportation should be set aside and staying the suspensions in the meantime. Dated: July 16, 1999 William J. Futon Attorney for Petitioner 106 Walnut Street Harrisburg, PA 17101 (717) 233-5133 Attorney I.D. #25457 Respectfull u mitted, 2 CERTIFICATE OF SERVICE I certify that I am this date serving upon the Appellee a true and correct copy of the foregoing Petition for Appeal from Orders Suspending Driving Privilege by certified U.S. mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: July 16, 1999 -- William J lton 3 JUNE 28, 1999 JOSEPH M UHRINEK 50 PINERIDGE CIR ENOLA PA 17025 Dear Motorist: As a result of ing Section 13A16 SUB on 08/17/1998, for a period of 6 the Vehicle Code. 991726101139997 001 06/21/1999 20755743 04/13/1965 LICENSE IN BUREAU your conviction on 05/14/1999 of violat- of the Vehicle Code, POSSESSION OF CTRL your driving privilege is being SUSPENDED MONTH(S) as mandated by Section 1532C of The effective date of suspension is 05/14/2000, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). APPEAL You have the right to appeal this action to the Court of Common Pleas [Civil Division) within 30 days of the mail ,fate of this letter, JUNE 28, 1999. If you file an app,cal in the County Court, the Court will give you a time-stamped certified copy of the appeal. Send this time-stamped cer- tified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CNIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau Of Driver Licensing O ? w P a 4 Q(T- cs , C_- r ?Cf) .JL -J - U- ? 7 U N CJ V DL-326 (9/95) CERTIFICATION DATE: August 17, 1999 I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced In the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. /' de7 ?BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 06/28/99, effective 11/14/2000; 2) Report of the Clerk of Court of DAUPHIN County, convicted 05/14/99, seal attached to original; 3) Official Notice of suspension dated & mailed 06/28/99, effective 05/14/2000; 4) Report of the Clerk of Courts of Dauphin County, convicted 05/14/99, seal attached to original; 5) Official Notice of suspension dated & mailed 06/17/99, effective 05/14/99; 6) Report of the Clerk of Courts of Dauphin County, convicted 05/14/99, seal attached to original; and 7) Driving Record, which appears in the file of the defendant JOSEPH M. UHRINEK, operator's no. 20755743, date of birth 04/13/65, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. §§6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. e) ?? `,' SEAL REBECCA L. BICKLEY, DIR OR BUREAU OF DRIVER LICENSING th's EXHIBIT '°?,Y.ISy I (haZ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 28, 1999 JOSEPH M UHRINEK 991726301140007 003, 50 PINERIIGE CIR 06/21/1499 20755743 ENOLA PA 17025 04/13/1965 LICENSE IN BUREAU Dear Motorists As a result of your conviction on 05/14/1999 of vlolot- in0 Section 3736 of the Vehicle Code, RECKLESS DRIVING on 08/17/1998, your driving privilege is being SUSPENDED for a Period of 6 MONTH(S) as mandated by Section 15328 of the Vehicle Code. The effective date of suspension is 11/14/2000, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. 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, JUNE 28, 1999. If you file an appeal in the County Court, the Court will give you a time-stesmood certified copy of the appeal. Send this time-stamped car- t1fied copy of the appeal by certified mail tot PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2916 ?t I 991726101140007 SEND FEE/LICENSE/DL-16LC/TOt Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, Rebecca L. Bickloy, Director Bureau of Driver Licensing INFORMATION (7800 AN TO 9800 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TOO IN STATE 1-800-220-0676 TOO OUT-OF-STATE 717-391-6191 REPORT OF THE CLERK OF COURTS iHOWING THE CONVICTION OR ACQUITTAL OF ANY VIOLATION OF THE VEHICLE CODE ? AMENDED REPORT VIOLATION INrVnrYlik I run CLAUSE THE YEIeCIE CODE Act W JuM 17, 7076 P.L.1 62 u MneAOM. SECTION SUjA; ;"' Check this block it the offense occurred while driving a Li Check this nse occurred while transporting DATE LICEN OR ACKNOWLEDGEMENT SUR- MONTH Commercial DAY Vehicle. VIE MONTH a Hazardoired to be Placarded O DATE OF CONVICTION D T50.000RT OR DISTRICT ATTORNEY DATE OF VIOLATION DAY YEAR AY YEAR (Please use a separate form for ach charge) CHARGE:OF ACOUITTALMOLLE PROSEOUI DAY YEAR VIOLATION COMMITTED (check one): COURT INFORMATION Summary Misdemeanor ? Felony ? C T OF Note: IF SUMMARY, ENTER ORIGINAL CITATION NUMBER IF AVAILABLE: COUNTY OF SENTENCE: If speed violation - enter traveling speed and legal speed. NUMBER YEAR L' /) THE UNDERSIGNED CERTIFIES THAT THE FOREGOING IS A CERTIFIED RECORD OF A OTN /? 7Jl CONVICTION OR ACOUITTAL/NOLLE PROSEOUI •?l (/ Act 122 Treatment Required SEAL NAY 2 S (check one) 1 YES. NO ? e o Dale cerored Affix Act 122 Stamp Here NOTE: Not for use with ARE) DISP (use DL-21A) or for a conviction of any act in which a Judge determines that a motor vehicle was essentially involved (use DL-218). IMPORTANT: Under Section 6323 of the Vehicle Code, it is mandatory that the Clerk of Courts report all violations of the Vehicle Code to the Bureau of Driver Licensing. SEND THIS Bureau of Driver Licensing, P.O. Box 60037, FORM TO: Harrisburg, Pennsylvania 17106-0037 ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED BY COMPLE77NG FORM OS-511A 14 J. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 28, 1999 JOSEPH M UHRINEK 991726301139997 001 50 PINERIDGE CIR 06/21/1994 20755743 ENOLA PA 17025 04/13/1965 LICENSE IN BUREAU Dear Motorist: As a result of your conviction on 05/14/1999 of violat- ing Section 13A16 of the Vehicle Code, POSSESSION OF CTRL SUB on 08/17/1998, your driving privilege is being SUSPENDED for a period of b MONTH(S) as mandated by Section 1532C of the Vehicle Code. The effective date of suspension is 05/1412000, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail data of this letter, JUNE 28, 1999. If 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 cer- tified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OR TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RZVERFRONT OFFICE CENTER HAKRZOSUR0, PA. 17104-2516 Sincerely, q.e.*? . % Rebecca L. Biekley, Director Bureau of Driver Licensing 4? DL-21 D (7-93) ? AMENDED REPORT I DEFENDANT INFORMATION (please NAME FIRST MIDDLE n r I IF - V ? o X7? P MONTH o' DAY YEAR i3 ?S . _ . VIOLATION INFORMATION Z DATE OF VIOLATION DATE OF CONVICTION DATE LICENSE OR ACKNOWLEDGEMENT SUR- RENDERED TO COURT OR DISTRICT ATTORNEY G MONTN DA VEFR? MONTH DAY ` YEAR_ MONTH DAY YEAR S r e): h h f f DATE OF ACOUITTALNOLLE PROSEOUI g c a orm or eac VIOLATION COMMITTED: (Please use a separate MONTH DAY YEAR ; Misdemeanor Felony O ? U (Check one): L / / r (a) (1) ? (a) (30) 35 P.S. 760-113 ? (a) (12) (a) (31) CONTROLLED SUBSTANCE, DRUG, (16) ? (a) (36) X (a) DEVICE AND COSMETIC ACT NOTE: This form is only to be used for reporting the above listed violations of the Controlled Substance, Drug, Device and Cosmetic Act whether or not a motor vehicle was USED. If a motor vehicle was essentially involved you must ALSO submit form OL-218. THE UNDERSIGNED CERTIFIES THAT THE FOREGOING IS A CERTIFIED RECORD. SEAL L V//?lJ// W2 5 194 - -- --- - Clerk of Couns or District Justice Dale CertJieo IMPORTANT: Under Section 6323 of the Vehicle Code, it is mandatory that the Clerk of Courts and any District Justice report to the Bureau of Driver Licensing the above listed violations of the Controlled Substance, Drug, Device and Cosmetic Act. SEND THIS Bureau of Driver Licensing, P.O. Box 60037, FORM TO: Harrisburg, Pennsylvania 17106.0037 ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED BY COMPLETING FORM OS•SI IA. . 1 C?DbRTIRF&MAbON I MAG. DIST. N . _ OURT O CVS COUNTY OF NUMBER YEAR OTN REPORT OF A COURT SHOWING THE CONVICTION OF CERTAIN VIOLATIONS OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT ortype) LAST SEx OPERATOR NO. ??1( F STATE Jsa'I, ? SOCIAL SECURITY NO. LICENSE PLATE NO. if Li COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 ---- JUNE 17, 1999 '--- JOSEPH M UHRINEK 99161,6101135267 001 50 PINERIDGE CIR 06/10/1999 207SS743 ENOLA PA 17025 04/13/1965 LICENSE IN BUREAU Dear Motorist: As a result of your conviction on 05/14/1999 of violat- ing Section 3731 of the Vehicle Code, DRIVING UNDER INFLU- ENCE on 08/17/1998, your driving privilege is being SUSPENDED for a period of 1 YEAR(S) as mandated by Section 15328 of the Vehicle Code. The affective date of suspension is 0511411999, 12301 a.m. Additionally, pursuant to Section 1548(d) of the Vehicle Code, the Court of DAUPHIN COUNTY , Court Number 3548, Court Term 1998 has ordered you to attend a treatment program for alcohol or drug addiction. As a result of the court order, this suspension/revocation shall remain in effect until the Department is notified by the above Court that you have successfully completed treatment and you are otherwise ali- gible for restoration of your driving privilege. Please see the enclosed application for restoration fee in- formation. You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. .? 5 991616101135287 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, JUNE 17, 1999. If you file an appeal in the County Court, the Court will viva you a time-atemped certified COPY of the appeal. Send this time-stamped cer- tified copy of the appeal by certified mail tot PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2616 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOt INFORMATION (7100 AM TO 9tOO PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.O. Box 68693 TOO IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 .C REPORT OF THE CLERK OF COURTS )HOWING THE CONVICTION OR ACOI TAL OF ANY VIOLATION OF THE VEHICLE CODE AMENDED REPORT DEFENDANT INFORMATION (TYPE OR PRINT CLEARLY) NAM[ SEI DAT[ OF sMTN Fig MOMFr IASr YOYIw DAr 4AF D /3 (a5 u Cm STATE Ie COD[ SOCIAL SECURITY Wittiest 1Z - /z( / 97• 8 7i 77 DRIY[R NUYSLR STATE UCINeE CLAY[ NUMBER TEAR STATE 0 7ss ??3 Pa VIOLATION INFORMATION Tel[ YENCL! CDM 1 A.I r Avis 17. Ism P.L. Its r red yN. Check this block d the offense occurred while driving a Commercial Vehicle. use a a, VW"TION COMMITTED (ones[ one): Summary ? Misdemeanors Felony 0 Note: IF SUMMARY. ENTER ORIGINAL CITATION NUMBER IF COUNTY SENYENCB: B speed violation - enter traveling speed and legal speed. I INUMBER PItOSEOU! MA SEAL41/? 4-? 1W 15 so owe of CCYns Dtls CsrbMd NOTE: Not for use with ARD DISP (Use DL-21A) or for a conviction of any act N which a Judge determines that a motor vehicle was essentially involved (Yet DL-21 B). S6PORTANT: Under Section 8323 of the Vehicle Code, it is mandatory that the Clark ol Courts report all violations of the Vehicle Code to the Bureau of Driver Licensing. SEND THIS Buresu of Driver Licensing, P.O. Box 60037, POIIMTO Hanlsburg. Pennsylvanle 17106-0037 ADDIT11 AL SUPPLIES OF TM FORK MAY BE SECURED BY COKPLETINO FORM 09-51 fill i 1 1139 1 /--4/ Chock this block d the offense occurred while transporting e Hazardous Material required to be Platairded 6 .JS O ?S.SO ? / Act 122 Treetmere Required (check one) YESO NO® Affix Act 122 Stamp Here tt (,?, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFICATION STATEMENT AUG 13 1999 DRIVER: JOSEPH M UHRINEK 50 PINERIDGE CIR ENOLA, PA 17025 DRIVER LICENSE (DL) ----------- LICENSE CLASS C LICENSE ISSUE DATE: MAR 28 1997 LICENSE EXPIRES APR 30 2001 MED RESTRICTIONS NONE LEARNER PERMITS LICENSE STATUS SUSPENDED DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE PAGE 1 : 20755743 : APR 13 1965 : MALE : REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS CDL LICENSE ISSUED CDL LICENSE EXPIRES : CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS : CDL LICENSE STATUS : SUSPENDED PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS PL LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED OLL LICENSE EXPIRES OLL LICENSE STATUS *** CONTINUED *** r7 CERT IFICAT ION 'STATEMENT - AUG 13 1999 - LICENSE NUMBER 20755743E CONTINUED -------------------------------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: OCT 09 1991 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 048 MPH IN A 025 MPH ZONE CONVICTION DATE: OCT 11 1991 ACTION: ASSIGNED POINTS VIOLATION DATE: DEC 08 1993 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 072 MPH IN A 055 MPH ZONE CONVICTION DATE: DEC 16 1993 ACTION: ASSIGNED POINTS VIOLATION DATE: OCT 03 1994 VIOLATION: VEHICLE CODE: 3362 DESCRIPTION: EXCEEDING MAXIMUM SPEED 073 MPH IN A 055 MPH ZONE CONVICTION DATE: OCT 12 1994 ACTION: POINT EXAM ACTION: PASSED EXAM NOV 18 1994 VIOLATION DATE: AUG 17 1998 VIOLATION: VEHICLE CODE: 3731 MAJOR VIOLATION DESCRIPTION: DRIVING UNDER INFLUENCE CONVICTION DATE: MAY 14 1999 ACTION: SUSPENSION FOR 1 YEAR(S) EFFECTIVE MAY 14 1999 OFFICIAL NOTICE MAILED JUN 17 1999 *** CONTINUED *** PAGE 3 CERTIFICATION 'STATEMENT - AUG 13 1999 - LICENSE NUMBER 20755743 CONTINUED VIOLATION DATE: AUG 17 1998 VIOLATION: VEHICLE CODE: 13A16 DESCRIPTION: POSSESSION OF CTRL SUB CONVICTION DATE: MAY 14 1999 ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE MAY 14 2000 OFFICIAL NOTICE MAILED JUN 28 1999 VIOLATION DATE: AUG 17 1998 VIOLATION: VEHICLE CODE: 3736 MAJOR VIOLATION DESCRIPTION: RECKLESS DRIVING CONVICTION DATE: MAY 14 1999 ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE NOV 14 2000 OFFICIAL NOTICE MAILED JUN 28 1999 OPER LICENSE RECEIVED MAY 14 1999 REPORT OF 14EDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS *** CONTINUED *** PAGE 4 CERTIFICATION STATEMENT - AUG 13 1999 - LICENSE NUMBER 20755743 CONTINUED MOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON THE DATE LISTED. ACCIDENT DATE: JUL 04 1990 LOCATION: WESTMORELAND VEHICLE TYPE: PASSENGER ACCIDENT DATE: FEB 28 1999 LOCATION: CUMBERLAND CTY VEHICLE TYPE: PASSENGER *** END OF RECORD *** PAGE 5 CERTIFICATION 'STATEMENT - AUG 13 1999 - LICENSE NUMBER 20755743 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, <84"?. ( , DIRECTOR, BUREAU OF DRIVER LICENSING SEAL FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:AUG 13 1999 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, n, "ev-ov SECRETARY OF TRANSPORTATION SEAL COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, DEPARTMENT : CUMBERLAND COUNTY, PENNSYLVANIA OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, 99-4345 CIVIL TERM Appellee V. CIVIL ACTION - LAW JOSEPH M. UHRINEK, Appellant LICENSE SUSPENSION APPEAL IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 18th day of October, 1999, by agreement of the parties, the record in this matter is to be left open to allow the Defendant to submit a transcript of the sentencing proceedings as Exhibit A. The parties have also agreed that we will defer decision on this matter pending disposition by Judge Turgeon on the Defendant's motion for probation without verdict. A further hearing in this matter is scheduled for Tuesday, January 4, 2000, at 8:30 a.m. By the Court, Edward E. Guido, J. Matthew Haekler, Esquire For the Appellee L rL ,,,,cck Iajjq 9q, William J. Fulton, Esquire's For the Appellant :mae F,tED-OFFICE OF r-F 7" PONOTARY 99 OCT 18 PM 3: 40 CU SEHUf ND COUIM PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Appellee V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH M. UHRINEK, CIVIL ACTION - LAW Petitioner/Appellant NO. 99-4345 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 31st day of March, 2000, by agreement of the parties, if the Defendant receives probation without verdict on the underlying charge, the Commonwealth shall administratively reverse its suspension of his operating privileges. As a result of said agreement and upon motion of the Petitioner/Appellant, George H. Kabusk, Esquire For the Appellee this appeal is DISMISSED. By the rt, Edward E. Guido, J. grow Y- `f - G 0 William J. Fulton, Esquire Lzjv"a For the Petitioner/Appellant :lfh ?T?1fiY i•il L'i?ii?.J?l ?1 ?'i?l?.?l,, COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, Appellee NO. 99-4345 CIVIL 1999 V. CIVIL ACTION - LAW JOSEPH M. UHRINER, LICENSE SUSPENSION APPEAL Petitioner/Appellant ORDER OF COURT AND NOW, this 3rd day of January, 2000, upon application of William J. Fulton, Esquire, attorney for Joseph M. Uhrinek, because Petitioner's Motion for Probation Without Verdict in the underlying case in Dauphin County at No. 3548 C.D. 1998 remains unresolved, the hearing in this matter otherwise having been rescheduled for January 4, 2000 is hereby CONTINUED until Friday, February 11, 2000 at 8:30 A.M. BY THE CO JUDGE EDWARD GUIDO ,00 1 ` / /rim i L/nC G?/' f I-Z"eQ 3