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HomeMy WebLinkAbout03-4185JONATHAN VANDENEEDEN, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : LICENSE SUSPENSION : APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this 19th day of August, 2003, comes Jonathan Vandeneeden, by and through his attorney, David E. Hershey, Esquire and THE WILEY GROUP, and respectfully files the following License Suspension Appeal, averdng as follows: 1. Jonathan Vandeneeden is an adult licensed driver with a residence address of 1809 Hunter Drive, Mechanicsburg, Cumberland County, PA 17050. 2. The Department of Transportation, Bureau of Driver Licensing has a mailing address of 1101 South Front Street, Harrisburg, PA 17104. 3. Petitioner received a notice of a proposed one year license suspension for a conviction for Section 6308 of the Crimes Code, pertaining to underage drinking by official notice dated July 28, 2003 which is marked as Exhibit A attached hereto, and incorporated herein by reference. 4. The suspension proposed by the Department outlined in Exhibit A is illegal, improper, and invalid for some or all of the following reasons: Petitioner's summary conviction for underage drinking is presently on appeal and pending in Cumberland County Court. WHEREFORE, Petitioner prays that Your Honorable Court enter a supersedeas on the suspension proposed by the Department and further to schedule a hearing on the medts relative to this case. Respectfully. subrn~.. By: DA~ H~[~Y~ I=SQUIRE THE WILEY GROUP 1 Baltimore Street Dillsburg, Pennsylvania 17019 I.D. #: 43092 JONATHAN VANDENEEDEN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 2003 COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION DEPARTMENT OF TRANSPORTATION APPEAL BUREAU OF DRIVER LICENSING, Respondent CERTIFICATE OF SERVICE I, Shawna L. Vamer, Legal Assistant in the Law Firm The Wiley Group, hereby certify that I, on this day, serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage pre-paid at Harrisburg, Pennsylvania, on the--'~-,~ ~ day of August, 2003. George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 S w ~z/va~ e, gal Assistant The Wild~'Group JONATHAN VANDENEEDEN, VS. Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent VERIFICATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO: 2003 LICENSE SUSPENSION APPEAL The undersigned, on behalf of his client, JONATHAN VANDENEEDEN, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. DAV , ESQUIRE JONATHAN VANDENEEDEN, Petitioner VS. IN 'I'HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this case is hereby scheduled for the ~'~day of ~"~//~<...~ , 2003, at ~; ~ o'clock O_~.m.,in Courtroom No. [ of the Cumberland County Court House at 1 Courthouse Square, Carlisle, Pennsylvania. Pursuant to Section 1550 of the Motor Vehicle Code, the Department of Transportation is hereby Ordered to stay the proposed one-year suspension until such time as this case can be decided on its merits. BY THE COURT: JUDGE ' LICENSE SUSPENSION APPEAL _, 2003, upon consideration of COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this Z.'7 ~ day of ~c~ ~ ~' the attached Appeal and the reasons supporting same, JONATHAN VANDENEEDEN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 2003 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent : LICENSE SUSPENSION : APPEAL MOTION FOR CONTINUANCE TO THE HONORABLE J. WESLEY OLER, JR.: AND NOW, this 8th day of December, 2003, comes Jonathan Vandeneeden, by and through his attorney, David E. Hershey, Esquire and THE WILEY GROUP, and respectfully files the following averments in support of this request for continuance: 1. A license suspension appeal is currently scheduled for December 15, 2003 at 9:30 a.m. 2. The underlying summary appeal was rescheduled until February 3, 2004 in court room no. 1. 3. The outcome of the summary appeal will determine the legality of the Department's proposed action in the present license suspension appeal. 4. PennDOT's counsel, George Kabusk, Esquire, is aware of this request for relief and has no objection to a continuance for the reasons set forth herein. WHEREFORE, Petitioner prays that Your Honorable Court reschedule the license suspension appeal for on or after February 3, 2004. By: Respectfully submitted, DA~. ~ESQ U IRE THE WILEY GROUP 130 W. Church Street; Suite 100 Dillsburg, Pennsylvania 17019 I.D. #: 43092 JONATHAN VANDENEEDEN, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OFTRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2003 LICENSE SUSPENSION APPEAL VERIFICATION The undersigned, on behalf of his client, JONATHAN VANDENEEDEN, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. DAV~. HERSHEY, ESQUIRE JONATHAN VANDENEEDEN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO: 2003 : LICENSE SUSPENSION : APPEAL MOTION FOR CONTINUANCE TO THE HONORABLE J. WESLEY OLER, JR.: AND NOW, this 8th day of December, 2003, comes Jonathan Vandeneeden, by and through his attorney, David E. Hershey, Esquire and THE WILEY GROUP, and respectfully files the following averments in support of this request for continuance: 1. A license suspension appeal is currently scheduled for December 15, 2003 at 9:30 a.m. 2. The underlying summary appeal was rescheduled until February 3, 2004 in court room no. 1. 3. The outcome of the summary appeal will determine the legality of the Department's proposed action in the present license suspension appeal. 4. PennDOT's counsel, George Kabusk, Esquire, is aware of this request for relief and has no objection to a continuance for the reasons set forth herein. WHEREFORE, Petitioner prays that Your Honorable Court reschedule the license suspension appeal for on or after February 3, 2004. By: Respectfully submitted, DA~J~. HERSHEY, ESQUIRE THE WILEY GROUP 130 W. Church Street; Suite 100 Dillsburg, Pennsylvania 17019 I.D. #: 43092 JONATHAN VANDENEEDEN, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2003 LICENSE SUSPENSION APPEAL VERIFICATION The undersigned, on behalf of his client, JONATHAN VANDENEEDEN, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~j4904, relating to unsworn falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. JONATHAN VANDENEEDEN, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2003 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Shawna L. Varner, Legal Assistant in the Law Firm The Wiley Group, hereby certify that I, on this day, serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of s~,~e in the United States Mail, postage pre-paid at Harrisburg, Pennsylvania, on the J (~ day of December 8,2003. George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 un;r, Legal Assistant JONATHAN VANDENEEDEN, Petitioner Vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: ~,~ ff/¢ 2003 LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ day of December, 2003, upon consideration of the request for continuance, and noting further that the Department has no objection, said request is hereby GRANTED. IT IS HEREBY ORDERED AND DECREED that this matter shall be rescheduled for the ~ ~l. day of ~ ,2004, at ~/,~ o'clock _~..m.,in Courtroom No. ! of the Cumberland County Court House at 1 Courthouse Square, Carlisle, Pennsylvania. T~I~ supersedeas that is currently in effect will remain in effect until such time as this case can be decided on its merits by the Court. BY THE COURT: J./WL~£EY OL~, JR., ;JU~'~E' JONATHAN VANDENEEDEN, : Petitioner : CONLMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-4185 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of March., 2004, upon consideration of Petitioner's License Suspension Appeal, and pursuant to an agreement of counsel in the person of David E. Hershey, Esquire, on behalf of the Petitioner, and George H. Kabusk, Esquire, on behalf of the Respondent, as related in open court, the appeal is deemed moot and withdrawn. By the Court, For the .~avid E. For the ~eorge H. Kabusk, Esquire Petitioner pcb Hershey, Esquire Re spondent J~,Wesley O~. Jr., ~.