HomeMy WebLinkAbout03-5988SEAN J. KENNEY
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 11th day of November, 2003, comes Sean J. Kenney, by and
through his attorneys, Wiley, Lenox, Colgan & Marzzacco, P.C., and makes the following
averments in support of this appeal:
1. Sean J. Kenney is an adult licensed driver with a residence address of
6105 Haymarket Way, Mechanicsburg, Cumberland County, PA 17402.
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 license suspension for a
violation of Section 6308, offenses related to alcohol, by official notice dated November
5, 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:
a. The underlying summary conviction is presently on appeal in the
York County Court of Common Pleas.
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 merits relative to this case.
By:
Respectfully subrr~ed,
DAV~. HERSHEY, ESQUIRE
Wiley, Lenox, Colgan & Marzzacco, P.C.
130 W. Church Street; Suite 100
Dillsburg, Pennsylvania 17019
I.D. #: 43092
SEAN J. KENNEY
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. Yarner, Legal Assistant in the law office of Wiley, Lenox, Colgan &
Marzzacco, P.C., 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 12 th day of November, 2003
George Kabusk, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street
Harrisburg, PA 17104-2516
Wiley, Lenox, Colgan & Marzzacco, P.C.
SEAN J. KENNEY
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 my client, SEAN J. KENNEY, 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 unswom falsification to authorities.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
by: r~-'C]U'E. HI=I~HEY, I::~UII'~I:
130 W. Church Street; Suite 100
Dillsburg, PA 17019
(717) 432-9666
I.D.#: 43092
SEAN d K£NNEY
6~05 HAYMARK£T WAY
MECHAN[CSBUR& PA 17050
L~[CENSE TN BUREAU
PROViDiNG PROOF OF ~NSURANr--~I;
NSthtn the laat $0 days of your auspeOsion/revo~ation, wa
w~l send yoO a Zet:er asking that you proviOe Proof of
your
SEAN J. KENNEY
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
ORDER
AND NOW, this .~/.,t~' day of November, 2003, upon consideration of the
attached Appeal and the reasons supporting same,
IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this case
is hereby scheduled for the..~/~'b~ day of /~.z//~/~,~.,., ~d ~/
, _, 2..0~t ~-'J~ ~ .m. o'clock
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
SEAN J. KENNEY,
Petitioner
VS.
COMMONWEALTH OF PA.
DEPARTMENT OF TRANS-
PORTATION, BUREAU OF
DRIVE LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-5988 CIVIL
CIVIL ACTION - LAW
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this ~5'* day of December, 2003, it appearing that there is a conflict in
the court calendar, hearing in the above captioned matter set for February 26, 2004, is continued
to Wednesday, March 24, 2004, at 1:30 p.m. in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, PA.
~5_ ~avid Hershey, Esquire
For the Petitioner
~'43eorge Kabusk, Esquire
For PennDOT
:rim
BY THE COURT,
T. Hess, J.
SEAN J. KENNEY,
Petitioner
V
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, BUREAU
OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-5988 CIVIL TERM
LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this 24th day of March, 2004, this matter is
remanded to the Department of Transportation to Correct the
record to rescind the suspension which was imposed as a result of
the petitioner's conviction on October 15, 2003, of a violation
of Section 6308, offenses related to alcohol on August 15, 2003,
because on appeal of the underlying matter he was found not
guilty of the underlying charge and instead pled to Disorderly
Conduct.
By the Court,
~eorge H. Kabusk, Esquire
Office of Chief Counsel
For the Commonwealth
Javid Hershey, Esquire
For Sean J. Kenney
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