HomeMy WebLinkAbout04-0383MATTHEW J. RUTKOWSKI,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
NO: 2004 · .¢,r.j
LICENSE SUSPENSION
APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, thi ~s~th day of January, 2004, comes Matthew J. Rutkowski, by and
through his attorney, David E. Hershey, Esquire and Wiley, Lenox, Colgan & Marzzacco,
P.C., and respectfully files the following License Suspension Appeal, averring as follows:
1. Petitioner, Matthew J. Rutkowski is an adult licensed driver with a
residence address of 5965 Eberly Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17019.
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
with a mail date of January 2, 2004 for an alleged refusal of chemical testing pursuant
to Section 1547 ofthe Vehicle Code. See Exhibit "A" attached hereto and incorporated
herein by reference.
4. The suspension proposed by the Department is illegal, improper, and
invalid for some or all of the following reasons:
Petitioner was confused over his right to counsel in relation to
his decision of whether or not to submit to a chemical test.
Petitioner was given misleading and inaccurate information by the
booking agent pertaining to the specifics of the Implied Consent
Law.
Petitioner had a medical condition which was both obvious and
brought to the attention of the arresting officer and the booking
agent prior to the commencement of the first breath test.
MATTHEW J. RUTKOWSKI,
Petitioner
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2004
LICENSE SUSPENSION
APPEAL
VERIFICATION
I, MATTHEW J. RUTKOWSKI, vedfy 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,
MATTHEW J. RUTKOWSKI
MATTHEW J. RUTKOWSKI,
Petitioner
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO: 2004
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 same in the United States
Mail, postage pre-paid at Harrisburg, Pennsylvania, on the c~'-7't~' day of January
2004.
George Kabusk, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street
Harrisburg, PA 17104-2516
BY:~~Va~//~~Assista nt
The Wiley Group
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JANUARY 02, 200q
MATTHEW JON RUTKOWSKI
5965 EBERLY DR
MECHANICSBURG PA 17055
WID # 033606122157940 001
PROCESSING DATE 12/26/2003
DRIVER LICENSE ~ 22607495
DATE OF BIRTH 02/09/1972
Dear MR. RUTKOWSKI:
This is an Of~tola[ Notice o~ the suspension of your Driving
Privilege as authorized by Section [5q7 of the Pennsyivania
Vehicie Code. As a result of your violation of Section 15~7
of the Vehicle Code, CHEMICAL TEST REFUSAL, on i2/09/2005:
Your driving privilege is SUSPENDED for a per~od
YEAR(S) effective 02/06/2004 at [2:0! a.m.
WARNING: If you are convicted of driving while your
license is suspended/revoked the penalties will be a
HINIMUM of 90 days imprisonment AND a ~1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM I Year period
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in your possession on or before 02/06/2DOq. You may
surrender these items before, 02/D6/200~, for earlier
credit; however, You may not drive after these items are
surrendered.
YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON
PURPOSES. However, you may apply for and obtain a Photo
identification card at any Driver LAcense Center for a cost
of ~lO.O0. You must Present two C2) forms of proper
identification (e.g., birth certificate, valid U.S.
passport, marriage certificate, etc.) in order to obtain
your photo identification card,
You w~[l not receive cPedlt toward serving any suspens$on
untll we receive you~ ~icense(s). Complete the following
steps to acknowledge this suspension.
0536061221§7940
1. Return all current Pennsylvania driver's licenses,
learner's permits and/or camera cards to PennDOT, If
you do not have any of these items, send a sworn
notarized letter stating you are aware of the suspension
of your driving privilege. You must specify in your
letter why you are unable to return your driver's
license. Remember= You may not retain your driver's
license for identification purposes. Please send these
items to:
Pennsylvania Department of Transportation
Bureau of Driver Licensing
P.O, ~ox 68693
Harrisburg, PA 17106-8695
2. Upon receipt, review and acceptance of your Pennsylvania
driver's license(s), learner's permit(s)~ and/or a sworn
notarized letter, PennDOT will send you a receipt
confirming the date that credit began. If you do not
receive a receipt from us within 3 weeks, please contact
our office, Otherwise, you will nat be given credit
toward serving this suspension. PennDOT phone numbers
are listed at the end of this letter.
If you do not return all current driver license
products, we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571(a)(4)
of the Pennsylvania Vehicle Code.
PAYING THE RESTORATION FEE
You must pay a restoration fee to PennDOT to be restored
from a suspension/revocation of your driving privilege. To
pay your restoration fee, complete the following steps~
1. Return the enclosed Application for Restoration. The
amount due is listed on the application.
2. Write Your driver's license number (listed on the first
Page) on the check or money order to ensure proper
credit.
Follow the payment and mailing instructions on the back
of the application.
0556061221579~0
APPEAL
You have the r/ght to appeal th/s act/on to the Court of
Common Pleas (Civil Division) w/th/n 30 days of the ma/1
date, JANUARY 02, 200~, of this letter. If you file an
appeal tn the County Cou~t, the court will give you a
time-stamped certified copy of the appeal. .In order for
your appeal to be val/d, you must send this t/me-stamped
certif/ed copy of the appeal by cert/f/ed ma/1 to:
Pennsylvan/a Deportment of Transportation
Off/ce of Ch/el Counsel
Third Floor, R/verfront Off/ce Center
Harrisburg, PA 1710~-2516
Remember, this /s an OFFZCZAL NOTZCE OF SUSPENSZON. You
must return all current Pennsylvan/a dr/vet license Products
to PennDOT by 02/06/2004.
Sincereiy,
Rebecca L. B/ckley, D/rector
Bureau of Driver Licensing
INFORMATION 7=00 a.m. to 9:00 p,m.
IN STATE 1-B00-932-4600 TOD IN STATE
OUT-OF-STATE 717-$91-6190 TDD OUT-OF-STATE
WEB SITE ADDRESS w~.dot.state.pa.us
1-BD0-228-0676
717-391-6191
MATTHEW J. RUTKOWSKI,
Petitioner
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2004
LICENSE SUSPENSION
APPEAL
ORDER
AND NOW, this ~'" day of~zzzZ.~, 2004, upon consideration of
the attached Appeal and the reasons supporting same,
IT I$ HEREBY ORDERED AND DECREED that a hearing on the merits of this case
is hereby scheduled for the /,.-~'~ay of ~~.~_, 2004, at _~; ~_~ ~t.m. o'clock
in Courtroom No. zTz of the Cumberland County Courthouse, 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
O0 :~ ~4cI 9- ~34~00~
AI::iVIONO'HiO~,Jd 3HI 30
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
MATTHEW R. RUTKOWSKI,
Petitioner
VS. :
:
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
Respondent :
No.: 04-383 CIVIL
LICENSE SUSPENSION APPEAL
PETITIONER'S MOTION FOR CONTINUANCE
TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT:
AND NOW, comes, MATTHEW R. RUTKOWSKI, Petitioner in the above-
captioned matter, by and through his attorneys, Wiley, Lenox, Colgan & Marzzacco,
P.C., who respectfully file the within Motion for Continuance, and in support thereof,
avers the following:
1. Petitioner has raised a medical condition as prohibiting him from
completing the requirements of the chemical test of breath.
2. Petitioner's request for medical records from Holy Spirit Hospital where
he was seen by a pulmonary specialist the night of his arrest have not yet been
received.
3. The emergency physicians and/or pulmonary specialists at Holy Spirit
Hospital will have to be deposed in support of Petitioner's defense in this case,
4. PennDOT's counsel, George Kabusk, Esquire, is aware of the request
for continuance herein and the reasons supporting same, and has indicated he has no
objection so that depositions may be taken prior to the next scheduled hearing relative
to this case.
WHEREFORE, for the above reasons, Petitioner prays your Honorable
Court postpone this matter for a period of 90 days to allow time for Petitioner's medical
records to be obtained from Holy Spirit Hospital and so that depositions of any
necessary witness can be conducted in advance of the next scheduled hearing date.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
/
by: Davi~"~E. Hershey, Esq.
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
Dated:
VERIFICATION
The undersigned, on behalf of my client, MATTHEW R. RUTKOWSKI, 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.
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
CERTIFICATE OF SERVICE
On the 29th day of March, 2004, I certify that a copy of the foregoing petition was
served upon the following attorney for the Commonwealth of Pennsylvania by First-class
Mail, as follows:
George Kabusk, Esquire
Assistant Counsel
Department of Transportation
1101 S, Front Street
Harrisburg, PA 17104-2516
Respectfully submitted,
WILEY, LENOX, COLGAN & MAR77ACCO, P.C.
+-/:Shawna L. Va,rf~r, Legal Assistant
The Wiley GroUp
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
MATTHEW R. RUTKOWSKI,
Petitioner
VS. :
:
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
Respondent :
No.: 04-383 CIVIL
LICENSESUSPENSION APPEAL
ORDER
AND NOW, this '~-'~' day of ~/~,h~?~ 2004, upon receipt of Petitioner's
request for Continuance, and noting the ~easons suppoding same, and noting further
that the Department of Transportation has no objec~tions, this request is hereby
GRANTED and the hearing is rescheduled for ~_~<~ ~ ~ ,2004 at
/,~ ~'0 ;~__.m. in court room no. ¥ // 6?
BY THE COURT:./
K~. HESS, JUDG
Distribution:
Court Administrator, Dauphin County Courthouse
u~eorge Kabusk, Esq., Asst. Counsel, PennDOT, 1101 S. Front St., Hbg., PA 17104-2516
~/David E. Hershey, Esq., 130 W. Church St., Dillsburg, PA 17019
oq-o7-o
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
MATTHEW R. RUTKOWSKI,
Petitioner
vs. : No.: 04-383 CIVIL
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, :
Respondent :
LICENSE SUSPENSION APPEAL
PETITIONER'S MOTION FOR CON'r'INUANCF*
TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT:
AND NOW, comes, MATTHEW R. RUTKOWSKI, Petitioner in the above-
captioned matter, by and through his attomeys, Wiley, Lenox, Colgan & Marzzacco,
P.C., file the within Motion for Continuance, and in supporl thereof, avers the following:
1. Petitioner filed a license suspension appeal at docket number 04-383
civil, originally scheduled for a hearing on April 15, 2004 before Your Honorable Court.
2. Petitioner filed a Motion for Continuance in the above-captioned matter
requesting a 90 day continuance so that depositions of Petitioner's treating physician
could be taken relative to his medical condition that Petitioner avers affected his ability
to successfully complete a chemical test of breath.
3. This matter is presently scheduled for ,July 28, 2004 at 1:30 p.m.
4. In anticipation of the deposition request, a request for medical
records was timely submitted to Holy Spirit Hospital in Febr~uary 2004. Said request
was not complied with by Holy Spirit Hospital.
5 On April 20, 2004 Petitioner's counsel submitted a written request
for medical records (See Exhibit "A", attached hereto and incorporated herein by
reference.) Said records were mailed out by ChartOne on or about May 6, 2004 and
were ultimately received by Petitioner's counsel in mid-May.
6. Upon receipt of Petitioner's medical records, the emergency room
physician was identified as Dr. Thomas W. Aldous, M.D. and immediate attempts were
made to contact Mr. Aldous to schedule a deposition.
7. Risk Management personnel for Holy Spirit Hospital intervened and
required Petitioner's counsel to first submit a written request relative to Petitioner's
needs. This was completed via fax in June 3, 2004 (See Exhibit "B", attached hereto
and incorporated herein by reference.)
8. Subsequent to Risk Management's request for information via fax
June 3, they requested further clarification as to the purpose of Dr. Aldous's role in this
case, which was forwarded via fax June 28, 2004 (See Exhibit "C", attached hereto and
incorporated herein by reference - enclosures not attached.)
9. Petitioner finally received by letter on July 1, 2004, faxed from Risk
Management on July 1, an outline regarding the conditions precedent to either
deposing Dr. Aldous or using him as a witness at trial (See Exhibit "D", attached hereto
and incorporated herein by reference.)
10. Upon receiving confirmation from Holy Spirit Hospital's Risk
Management department as to the terms and conditions of Dr. Aldous's Participation,
Petitioner's counsel contacted George Kabusk, Esquire, counsel for the Department of
Transportation, on Thursday, July 1, 2004 (same day) and left a voice mail message
regarding a need to schedule Dr. Aldous's deposition.
11. Petitioner was advised on Tuesday, July 6, 2004 that Attorney
Points, counsel for the Department of Transportation, would be taking this case over.
13. Upon reviewing the schedule for July 2004, it was ascertained that
Dr. Aldous was unavailable for deposition July 14-18 and that undersigned counsel was
unavailable for deposition July 12-13, and July 19-23 as he will be out of state the entire
week.
14. Petitioner, Matthew Rutkowski, the subject matter of this action, is
scheduled for sentencing before the Honorable Edward Guido on the companion DUI
charge on Tuesday, July 20, and it is expected that he will be receiving a mandatory jail
sentencing of 30 days.
15. Both Attorney Points and Attorney Kabusk were consulted the
afternoon of July 6, 2004 and for the reason incorporated' herein have indicated that
they have no objection to an additional continuance in this matter.
WHEREFORE, for the above reasons, Petitioner prays your
Honorable Court reschedule this matter for the middle or end of September 2004.
Respectfully submitted,
WILEY, LENOX, CO~:,13~1 & MARZZACCO, P.C.
by: [~r~. Hershey, Esq.
130 W. Chumh Street
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
The undersigned, on behalf of my client, MATTHEW R. RUTKOWSKI, 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 & MARZZ. ACCO, P.C.
by: Da~iquire
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
Dated:. "-?-~- '-~- ~? ~"~
CERTIFICATE OF 8ERVIC:E
On the _~y of July, 2004, I certify that a copy of the foregoing petition was
served upon the following attorneys for the Commonwealth of Pennsylvania by First-class
Mail, as follows:
George Kabusk, Esquire
Assistant Counsel
Department of Transportation
1101 S. Front Street
Harrisburg, PA 17104-2516
Beverly Points, Esquire
Department of Transportation
1101 S. Front Street
Harrisburg, PA 17104-2516
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
~,/~The~i~e~.(~r~lt~r, Legal As~'stant
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
David I, Lenox
timothy ]. Colsan
Christopher J. Marzzacco
Holy Spirit Hospital
Attn: Medical Records
503 N. 21st Street
Camp Hill, PA 17011
THE ~/ILEY GROUi:
Wiley, Lenox, Colgan & Marz~acco
April 20, 2004
REQUEST FOR MEDICAL RECO
David E, Hershey
Diana Woodside
Bradley A. Winnick
lennifer L. Frechetle
Re: Matthew J. Rutkowaki
D.O.B.: 2-9-72
Date Seen: 12-8-03 through 12~10-03
Dear Sir/Madam:
Please be advised that I am the attorney for M~tthev
engaged in a legal proceeding in Cumberland Countyi He.
has previously requested his own medical records fro' yol
provided with same. This request was made approxi atel~
time is of the essence, I am enclosing an authorizati!fto
making a special request that you prioritize this request as
records is an inordinate amount of time based upon my
Please bill our office for any costs involved. If~ou t
this request please contact me at (717) 432-9666. Th~ank
DEH/sIv }5
/I
130 W. Church Street, Suite 100 ,, Dillsburg. PA 17019 - Phone: (717) 432-966
Offices in Harrisburg · York ~. Carbondl
www. wileygrou pJaw.corn
~Slnc
J, Rutkowski who is
ms indicated to me that he
r office and has not been
60 days ago, Because
~l,ease information and I am
~0 days to obtain medical
erience with your facility.
we any questions regarding
ou for your consideration,
,rely, /
E. Hershey, Esquire
· (800) 682-4250. Fax: (717) 432-0426
e
Jan M. Wiley
David J. Lenox
Timothy J. Colgan
Christopher J. Marzzacco
THE v~rILEY GROUP
Attorneys at Law
Wiley, lenox, Colgan & Marzzacco, P.C.
David E. Hershey
Diana Woodside
Bradley A. Winnick
Jennifer L Frechette
June 3,2004
(717)763-2920
REQUEST FOR DEPOSITI[ON
Holy Spirit Hospital
Attn: Medical Records
503 N. 21st Street
Camp Hill, PA 17011
Re:
Matthew J. Rutkowski
D.O.B.: 2-9-72
Date Seen: 12-8-03 through 12-10'-03
Physician: Dr. Thomas Aldous
Dear Sir/Madam:
Please be advised that I am the attorney for Matthew J. Rutkowski who is
engaged in a legal proceeding in Cumberland County. Enclosed please find an
authorization to release information. I am requesting a deposition from Dr. Thomas
Aldous. Accordingly, I need to know the doctor's availability for the month of June and
the first week of July. I would also like to know what the fee is and if you require pre-
payment of said fee. Please have someone contact my assistant, Shawna Varner, at
(717) 432-9666 to advise her as to the status of this request and/or to make
arrangements for said disposition. Thank you for your anticipated cooperation in this
matter.
DEH/slv
Sincerely,
David E. Hershey, Esquire
130 W. Church Street, Suite 100 · Dillsburg, PA 17019 o Phone: (717) 432-9666 ° (800) 682-4250 · Fax: (717) 432-0426
Offices in Harrisburg · York · Carbondale
www. wileygroupJaw, com ~.,,
David J. Lenox
Timothy .I. Colgan
Christopher J. Marzzacco
THE VVILEY GROUP
Wiley, kenox, Colgan & Marzzac:co, P.C.
David E. Hershey
Diana Woodside
Bradley A. Winnick
,lennifer L. Frechette
June 28, 2004
VIA FAX (717) 763-3075
Eric Lamprey, Legal Coordinator - Risk Management
Holy Spirit-Hospital-
Camp Hill, PA 17011
Re:
Matthew Rutkowski
Date Seen: 12-9-03
Date of Birth: 2-9-72
Treatment Provider: Dr. Thomas W. Aldous
This is to confirm that I am representing Mr. Rutkowski in a license suspension
appeal hearing pending against the Department of Transportation and scheduled for
hearing before Judge Hess in Courtroom 4 of the Cumberland County Courthouse on
July 28, 2004 at 1:30 PM.
This is further to confirm that the companion criminal case Commonwealth vs.
Matthew Rutkowski CP-21-CR-253-2004 has resulted in e guilty plea to the charge of
DUI and Mr. Rutkowski is scheduled for sentencing July 20th at 9:30 AM before the
Honorable Edward Guido in Courtroom 5 of the Cumberland County Courthouse.
As you requested I am enclosing proposed questions that would be asked of Dr.
^ldous in a deposition to be used at trial in leu of his personal appearance. If after
reviewing these questions you have any further comments or concerns. Please notify
me immediately by telephone. I would like having to avoid having to subpoena Dr.
^ldous because it would be less time consuming if we can schedule his deposition
separately rather than have him wait around in Judge Hess's courtroom until such time
as his testimony is needed. Thank you for your anticipated cooperation.
DEH/Ims
Sincerely,
I~avid E. Hershey
130 W. Church Street, Suite 100 · Diilsburg, PA 17019 · Phone: (717) 432-9666 · (800) 682-4250 · Fax: (717) 432-0426
Offices in Harrisburg · York - CarbondaJe
www. wileygrou plaw. com
UUL-gl-ZUO4 THU 11:12 ^~ ~I~t~
HOLY
1 July 2004
I/Z4 FA C-~IY~ILE ?l Z 45 2. f1426
The Wiley Group
Attn: David Hershey
130 W. Church, Suite I00
DiIlsburg, PA 17019
RE: Matthew Rutkowski
Dear Mr. Hershey:
I have spoken to our hospital '
to be deposed in tl~s minter, counsel and he has given permbsion for Dr. Aldous
The fee fo~ the video deposition is $1,500.00, payable to
Holy Spirit Hospital prior to any oom~auaication you wish to have with Dr. Aldous
re~. arding his amicipat~d tcsthnony. The fee includes a one hem' deposition and a thirty
minute pre-deposition meeting that you may have with Dr. Aldous. Should the deposition
last longer than one hour, the r~te will be $1,000.00 for e~ch additional hour. In addition~
should you request that Dr. Aldous t~ify at the hearing ~hedul,e~l for July 28, 2004, the
fee will be $2,500.00.
I have a/so spoken with Dr. Aldous re ' ·
that he will be on vacation ~---- - · - ,th - ga.~ this matter and he has in~---- ~
u~m. Jtlly 14 ~h,rotll~h ,h, moth ,,. ,., , ~.O.LU.~¢Cl rile
o Jli/l ~o , Z-lea~ o~1! 12le vath a list of
dates that you have available for the deposition and I will make arrangements with Dr.
Aldous. In addition, please advise where the deposition will take place. My office has a
conference room that
Hospital. Please can be available if you wish to take his deposition at Holy Spirit
do not hesitate to contact me with any questions.
Sincerely,
/ I Eric S. Lamprey, Legal C~nator
Risk Manageraent
·
oo: Sanioe I'Iamsoher, VP, Patient
The Spirit of Caring
503 North 21~t Street · Camp HHI, PA 17011-2288
(?17) 763-2100
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
MATTHEW R. RUTKOWSKI,
Petitioner
VS. :
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, ::
BUREAU OF DRIVER LICENSING, :
Respondent :
No.:: 04-383 CIVIL
LICENSE SUSPENSION APPEAL
AND NOW, this /~"f-~ day of July 2004, upon consideration of Petitioner's
request for Continuance and-the reasons supporting same, and noting further that
counsels for the Department of Transportation have indicated they have no objection,
s 'd request is hereby GRANTED. ,This matter is rescheduled for
~. o~ _,2004at c2,¢7J _/z.m. in court room no.
BY THE COUR'r: ~
~EVlN A. HES-~, JUDGE
Distribution:
Court Administrator, Cumberland County Courthouse
George Kabusk, Esq., Asst. Counsel, PennDOT, 1101 S. Front St., Hbg., PA 17104-2516 -~'
Beverly Points, Esquire, PennDOT, 1101 S. Front Street, H~;I., PA 17104-2516 -
David E. Hershey, Esq., 130 W. Church St., Dillsburg, PA 17019 .--- ~ ,4~
MATTHEW J. RUTKOWSKI,
Petitioner
VS,
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA:
NO: 04-383 Civil
LICENSE SUSPENSION
: APPEAL
PRAECIPE TO WITHDRAW APPEAL
TO THE PROTHONOTARY:
Please withdraw the License Suspension Appeal filed on behalf of Petitioner,
Matthew J. Rutkowski, in the above-captioned matter.
Respectfully Subn?itted,
by: David E. Hershey,, Esq.
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092
MATTHEW J. RUTKOWSKI,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA;
vs. NO: 04-383 Civil
COMMONWEALTH OF PENNSYLVANIA : LICENSE SUSPENSION
DEPARTMENT OF TRANSPORTATION : APPEAL
BUREAU OF DRIVER LICENSING,
Respondent
CERTIFICATE OF SERVICE
On the 13th day of September, 2004, I certify that a copy of the foregoing petition
was served upon the following attorneys for the Commonwealth of Pennsylvania by First
Class Mail, address as follows:
George Kabusk, Esquire
PA Dept. Of Transportation
Office of Chief Counsel
1101 South Front Street
Harrisburg, PA 17104-2516
and
Beverly Points, Esquire
PA Dept. Of Transportation
Office of Chief Counsel
1101 South Front Street
Harrisburg, PA 17104-2516
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
by: BcaV~d~E~Her/sh~ey,, Esq.
130 West Church Street
Suite 100
Dillsburg, PA 17019
(717) 432-9666
ID No.: 43092