HomeMy WebLinkAbout03-5602
:IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Matthew K. Brant,
petitioner
civil Action-Law
vs.
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Commonwealth of Pennsylvania
Department of Transportation,
Respondent
MOTION TO APPEAL IMPLEMENTATION OF SUSPENSION AND
REOUESTING STAY PENDING FURTHER ORDER OF COURT
NOW COMES the Petitioner, Matthew K. Brant, by and through his
attorney, Stephen D. Kulla, Esquire, of Kulla, Barkdoll, Ullman &
Painter, P.C. and represents as follows:
1. The petitioner is Matthew K. Brant, a sui juris adult, having
a primary residence of 1989 Shinham Road, Greencastle,
Franklin County, Pennsylvania.
2. The Respondent is the Commonwealth of Pennsylvania Department
of Transportation.
3. On or about October 10, 2003, the Commonwealth of
Pennsylvania Department of Transportation sent the following
two notices to Plaintiff/Petitioner, advising him that his
license was suspended for period of one year and ninety (90)
days, respectively, for violation of Section 6308 of the
Pennsylvania Crimes Code.
4. This aforementioned conviction, referenced as having occurred
on September 21, 2003, has been appealed to the Commonwealth
of Pennsylvania, Court of Common Pleas of Cumberland County
on October 21, 2003.
5. The petitioner believes it is not appropriate to suspend his
license while the matter is on appeal in that the ultimate
result of the case may be exoneration or a plea to an
alternate charge that does not involve a suspension of his
license.
6. The petitioner requests this Honorable Court schedule a
hearing in re the suspension of his license privilege, and,
furthermore, that the Court stay his suspension of his
license until said hearing can be held.
7. It is further requested this Honorable Court schedule a
hearing on this Motion, at a date after the next summary
appeals hearing to be held in Cumberland County.
B. The Commonwealth of Pennsylvania Department of
Transportation's attorney, George Kabusk, concurs with
Petitioner's requests in said Motion.
WHEREFORE, it is requested this Honorable Court enter the
attached Order.
Respectfully submitted,
St:fJn ~? K~ ~i1re
Attorney for Defendant
VERIFICATION'
I verify that the statements made in this Motion are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. ~ 4904, relating to
unsworn falsification to authorities.
Date:
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Stephen D. Kulla, Esquire
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MATTHEW K. BRANT,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
COMMONWEALTH OF
PENNSYL VANIA,
DEPARTMENT OF
TRANSPORTATION,
Respondent
NO. 03-5602 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of November, 2003, upon consideration of Petitioner's
Motion To Appeal Implementation of Suspension and Requesting Stay Pending Further
order of Court, and it appearing that this court is an improper venue for this motion, see
42 Pa. C.S.A. ~933(a)(I), the matter is transferred to the Court of Common Pleas of
Franklin County. Petitioner is to bear any costs associated with the transfer and is
directed to take such steps as are necessary to coordinate the transfer between courts.
BY THE COURT,
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J. esley Oler, Jr.,
Stephen D. Kulla, Esq.
9 East Main Street
Waynesboro, P A 17268
Attorney for Petitioner
George Kabusk, Esq.
Pa. Department of Transportation
101 S. Front Street
Harrisburg, PA 17104-2516
Attorney for Respondent
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Cumberland County Prothonotary's Office
Franklin County Prothonotary's Office
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COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
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MATTHEW K. BRANT
CP -21-CR..-633 8-2665
03-5IJ;Od-,
ORDER OF COURT
AND NOW, this 6th day of June, 2006, upon recommendation of the Defendant's
parole officer, it is ordered that the defendant be released from active parole supervision
effective June 6, 2006,
BY THE COURT,
Office of the District Attorney fJ;.J ..:
fV\.ie.
Lauren J. Kerstetter, Esq.
2025 East Main Street
Waynesboro, PA 17268
Attorney for Defendant
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