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HomeMy WebLinkAbout10-0284FILED -0FRCE OF THE P OTHIONOTARY 2010 JAN I I AM 8: 57 ?.°"l -'iNTY LAW OFFICE OF WILLIAM T.TULLY ' =am'-•4 '?t?` t William T. Tully, Esquire PL :NS 'UV? -4 414 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 IN THE COURT OF COMMON PLEAS OF. CUM BEP-L ND CW A-Try DAVID EDWARD FECZKO Petitioner V. WID No. 093556124598524 DRIVER LICENSE NO: 16442600 Ib - 0-tq C;tvi l -1e W COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE AND NOW COMES, Petitioner, David Edward Feczko by the undersigned counsel, seeks leave to appeal his suspension of Driving Privilege entered December 28, 2009 and in support represents as follows: 1. Petitioner David Edward Feczko is an adult individual residing at 6120 Stephens Crossing, Mechanicsburg, PA 17050. 2. Petitioner currently possesses a valid driver's license with a number of 16442600; said license has never been canceled, suspended, or revoked, and is otherwise currently valid. 3. By letter dated December 28, 2009, petitioner was notified in writing the Department of Transportation of the entry of an order suspending his driving privilege for the following reasons as set forth in the notice: The Court of Cumberland County, Court Number 3145, Court Term 2008 has sentenced him to serve a prison term for this violation. 4. The Conviction has been appealed in Superior Court, (Docket No: CP21-CR-3145- 2008), and Petitioner desires a Supersedeas. *q.1.00 PD ATrY CASH P.T1101aco0,{a WHEREFORE, the Defendant respectfully requests that the order of the Department of Transportation be set aside pending the Superior Court Appeal. Respectfully Submitted, Date: /-6 -/a William T. Tully, Esquire 3964 Lexington Street, Ste. B Harrisburg, PA. 17109 Attorney ID. PA #36410 Tel. No.: (717)540-6833 Fax No.: (717)651-9200 wttkwilliamtully.com . . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. I--," ?? Date o/ r t T «?C?T JAN 12 2010 ARy LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 2010 JAN 14 3964 Lexington Street, Suite 8 U 2: Harrisburg, PA 17109 717/540-6833 CUPS? I `.1/`(?tf Attorney ID #36410 ry : ?',T ? I IN THE COURT OF COMMON PLEAS OF CuMWp_L_R KD CoU o7y DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 V. COMMONWEALTH OF PENNSYLVANIA lo- ago l.' WI (Terw DEPARTMENT OF TRANSPORTATION Respondent ORDER FOR HEARING kt- AND NOW, This 13 day of 71277. , 2010, upon consideration of the petition of DAVID EDWARD FECZKO for review of an order of the Department of Transportation suspending petitioner's operating privilege, a hearing is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. Hearing on the above-captioned matter is set for yYY/!f > aL , at 'ed .m. in J Courtroom ,1 City of 0-12Y I S ?G , County ofd, commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address show in the department's notice of entry of order, by certified mail, return receipt requested. IXD ? ?L PIKED-OF ICE `' IE P~ TH NOTARY 1010HAR-9 QM10:54 LAW OFFICE OF WILLIAM T. TULLY A William William T. Tully, Esquire ,'i y f 1 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID 1136410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 V. COMMONWEALTH OF PENNSYLVANIA CIVIL TERM: 10-284 DEPARTMENT OF TRANSPORTATION Respondent MOTION TO CONTINUE DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE AND NOW COMES, Petitioner, David Edward Feczko by the undersigned counsel, requests this Honorable Court to grant a Continuance relative to this matter for the following reason(s). 1. Petitioner David Edward Feczko is an adult individual residing at 6120 Stephens Crossing, Mechanicsburg, PA 17050. 2. Petitioner filed a timely Appeal of his Suspension notice. 3. A Hearing is scheduled in the above matter for March 22, 2010. 4. Petitioner's Counsel has been attached to Court in Dauphin County on March 22, 2010 for a Homicide Trial, and is unavailable. 5. Pennsylvania Department of Transportation has been unable to concur by phone. WHEREFORE, the Defendant respectfully requests that the order of the Department of Transportation continue the Hearing scheduled for the above-captioned matter. Respectfully Submitted, Date: w Lo,rjl0 William T. Tully, Esquire 3964 Lexington Street, Ste. B Harrisburg, PA. 17109 Attorney ID. PA #36410 Tel. No.: (717)540-6833 Fax No.: (717)651-9200 wtt@williamtully.com William T. Tully, Esquire 3964 Lexington Street, Suite 8 Harrisburg, PA 17109 717/540-6833 Attorney ID #136410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 V. COMMONWEALTH OF PENNSYLVANIA CIVIL TERM: 10-284 DEPARTMENT OF TRANSPORTATION Respondent AFFIDAVIT OF SERVICE I, Betty Geeting, hereby certify that a true and correct coy of the MOTION TO CONTINUE DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE was served upon the Following Parties by First Class Mail: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date:0'3` 0 g//v OAPY MAR 0 2010 * r CUMPE William T. Tully, Esquire 3964 Lexington Street, Suite 8 Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 V. COMMONWEALTH OF PENNSYLVANIA CIVIL TERM: 10-284 DEPARTMENT OF TRANSPORTATION Respondent ORDER FOR HEARING AND NOW, This I Z? day of YM Z-.> ZIL 2010, upon consideration of the petition of DAVID EDWARD FECZKO for review of an order of the Department of Transportation suspending petitioner's operating privilege, a continuance is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. Hearing on the above-captioned matter is set for UX Zn e4W , at .m. in Courtroom , Borough of ,_ounty of Cumberland, Commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address show in the department's notice of entry of order, by certified mail, return receipt t? is ?oT4? ??? GouUjs?1 ?QJ ?Sp??E.-,`? ???s rrequested z? L Lt S a-7 ° a cl t eJ? By the Court: ??IS C LC Q J. WC ?b? Y 0? ~~ ., 2010 ~~~; ~ 20 ~1[,~r, stir. t,_+... t-; (_ ~~ ~. ~, 19 2010 William T. Tully, Esquire ~~~vt'r-'ti~ ;-: 3964 Lexin on Street, Suite B '~ ` . ~ ' + Harrisburg, PA 17109 r~~~~'l ~ ~yr,r, ` f ~~I~~ r t~~ .~ 717/540-6833 Attorney ID #36410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO : Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 v. COMMONWEALTH OF PENNSYLVANIA CIVIL TERM: 10-284 DEPARTMENT OF TRANSPORTATION . Respondent ORDER FOR HEARING AND NOW, This j day of , 2010, upon consideration of the etition -~-- r of DAVID EDWARD FECZKO for review of an order of the Department of Transportation suspending petitioner's operating privilege, a continuance is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. ~,rn - Hearing on the above-captioned matter is set for ~~ fat /~ ~ ~S ~, in Courtroom ~ ,Borough of ,County of Cumberland, Commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address show in the department's notice of entry of order, by certified mail, return receipt requested. ~~~'ss nz3.~Lcc~ ~ w ``~~ ~ ~ ~~L ~~~,a ~'1 J. t v F1LED-OFFICE aF THE P~OTNONOTARY 2010 OCT 18 Ply 3~ 1 I LAW OFFICE OF WILLIAMT.TULLY NTY AND COU CUMSER~ William T. Tully, Esquire . n I~~N~ ~j Y LYANI A 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID #36410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 v. COMMONWEALTH OF PENNSYLVANIA CIVIL TERM: 10-284 DEPARTMENT OF TRANSPORTATION Respondent MOTION TO CONTINUE DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE AND NOW COMES, Petitioner, David Edward Feczko by the undersigned counsel, requests this Honorable Court to grant a Continuance relative to this matter for the following reason(s). 1. Petitioner David Edward Feczko is an adult individual residing at 6120 Stephens Crossing, Mechanicsburg, PA 17050. 2. Petitioner filed a timely Appeal of his Suspension notice. 3. A Hearing is scheduled in the above matter for October 14, 2010. 4. Petitioner's Appeal to the Superior Court has been listed for En Banc argument to be heard on November 18, 2010. 5. The license suspension supersedeas in still in place. 6. Attorney Philip Bricknell, Pennsylvania Department of Transportation Chief Counsel has been contacted regarding this request for continuance and has indicated his concurrence with same. WHEREFORE, the Defendant respectfully requests that the order of the Department of Transportation continue the Hearing scheduled for the above-captioned matter. Respectfully Submitted, Date: I © 'I ~ ~~ William T. Tully, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA. 17110 Attorney ID. PA #36410 Tel. No.: (717)540-6833 Fax No.: (717)909-2504 wtt(cr~,williamtully com William T. Tully, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID #36410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent CIVIL TERM: 10-284 AFFIDAVIT OF SERVICE I, Tammy Kelly, hereby certify that a true and correct copy of the within Motion was served upon the following parties by United States Mail, First Class Mail, addressed as follows: Philip Bricknell, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: AO U Tammy L. Kelly WILLIAM T. TULLY, ESQUIRE ATTORNEY AT LAW 2595 Interstate Drive Harrisburg, PA 17110 October 14, 2010 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 540-6833 Fax: {T17) 909-2504 Re: David Feczko v. Commonwealth of Pennsylvania, Department of Transportation Docket # 10-284 Dear Sir or Madam: Enclosed are an original and three copies of a Motion for Continuance for filing in the above matter. Please time stamp and return all additional copies to me in the enclosed self-addressed, stamped envelope. We are this date serving a copy of the within Motion upon the Department of Transportation. Thank you for your consideration. Very truly yours, ~~~~~I 1~ L/1~-i William T. Tully, Esq. WTT:tIk Cc: Philip Bricknell, Esquire Pa. Department of Transportation ~ • Fff_~D-Or: ~fCC (IF Tf;:: f~Rt7Tfi(I~TAR~'' OCT 192010 _, Wi{IiamT.Tuily,Esquire ~'t-C~IiIJ ~ {..Y~~Yiri 25951nterstate Drive Suite 101 Harrisburg, PA 17110 717J540-6833 Attorne ID #36410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRNER LICENSE NO: 16442600 v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent CIVIL TERM: 10-284 ORDER FOR HEARING AND NOW This ' da of -T , 2010, upon consideration of the petition ~_ Y cs of DAVID EDWARD FECZKO for review of an order of the Department of Transportation suspending petitioner's operating privilege, a continuance is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. 2d ~( Hearing on the above-captioned matter is set for , at'_- i~'~ .m. in Courtroom _ 1 ,Borough of ~ ,County of Cumberland, Commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transpartation at the address show in the department's notice of entry of order, by certified mail, return receipt requested. D o-~ ,C~ ~l tt"~ FILED-OFFICE F' THE PROTHONOTARY ';Of I JAN 31 PM 3: 14 LAW OFFICE OF WILLIAM T. TULLY CUMBERLAND COUIIT i William T. Tully, Esquire PENNSYLVANIA 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID #36410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner WID No. 093556124598524 DRIVER LICENSE NO: 16442600 V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent CIVIL TERM: 10-284 MOTION TO CONTINUE DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE AND NOW COMES, Petitioner, David Edward Feczko by the undersigned counsel, requests this Honorable Court to grant a Continuance relative to this matter for the following reason(s). 1. Petitioner David Edward Feczko is an adult individual residing at 6120 Stephens Crossing, Mechanicsburg, PA 17050. 2. Petitioner filed a timely Appeal of his Suspension notice. 3. A Hearing is scheduled in the above matter for February 14, 2011. 4. After a partial win with the Superior Court en banc, Petitioner filed an appeal with the Pennsylvania Supreme Court on January 20, 2011 and a decision has not yet been rendered by the Court regarding the issue on appeal. 5. The license suspension supersedeas in still in place. 6. Attorney Philip Bricknell, Pennsylvania Department of Transportation Chief Counsel has been contacted regarding this request for continuance and has indicated his concurrence with same. WHEREFORE, the Defendant respectfully requests that the order of the Department of Transportation continue the Hearing scheduled for the above-captioned matter. Respectfully Submitted, Date: i l William T. Tully, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA. 17110 Attorney ID. PA #36410 Tel. No.: (717)540-6833 Fax No.: (717)909-2504 wtt9wi l li amtul ly. com William T. Tully, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717/540-6833 Attorney ID 1136410 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DAVID EDWARD FECZKO Petitioner V. WID No. 093556124598524 DRIVER LICENSE NO: 16442600 COMMONWEALTH OF PENNSYLVANIA CIVIL TERM: 10-284 DEPARTMENT OF TRANSPORTATION Respondent AFFIDAVIT OF SERVICE I, Tammy Kelly, hereby certify that a true and correct copy of the within Motion was served upon the following parties by United States Mail, First Class Mail, addressed as follows: Philip Bricknell, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: 1W I I -'L )aR'mmyL. Kelly DAVID EDWARD FECZKO, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c? m `gy r n co f i-• ^? * r a :0 NO. 10-284 CIVIL TERMa ORDER OF COURT t..a AND NOW, this 3rd day of February, 2011, upon agreement of counsel, the hearing previously scheduled in the above matter for February 14, 2011, is cancelled and has been rescheduled by separate order of court. William T. Tully, Esq. 2595 Interstate Drive Harrisburg, PA 17110 Attorney for Petitioner Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Respondent Cases MOO lect a.14 J11 OK.B :rc BY THE COURT, DAVID EDWARD FECZKO, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?Rt rat I-- .? 4 r. NO. 10-284 CIVIL TERM . ' IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 28 h day of September, 2011, upon consideration of Petitioner's Praecipe To Withdraw, the hearing previously scheduled in the above matter for September 26, 2011, is cancelled. William T. Tully, Esq. 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 Attorney for Petitioner J / Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for Respondent COplao3?' :rc BY THE COURT,