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HomeMy WebLinkAbout11-5015In the Court of Common Pleas Of Cumberland County, Pennsylvania Joshua M. Culley 6977 Wertzville Rd Enola, PA. 17025 717-691-8332 V. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing : No. Z J Civil Action-Law ? ;mow -. rri- From Suspension of Operatin Pg rivileges A And now comes the Petitioner, Joshua M.Culley, and respectfully avers as follows in support of this Petition: 1. Petitioner, Joshua M. Culley, resides at 6977 Wertzville Rd., Enola, PA 17025, PA operator number is 28503173. 2. PennDOT proposes by notice dated May 28, 2011 to suspend Petitioners operating privileges by a period of one (1) year, pursuant to section 1532C of the Vehicle Code. 2. The suspension notice further states that this action was taken due to a conviction on April 20, 2011 of Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act. 3. The Suspension of the Petitioners operating privileges is unlawful as there was no conviction for violating Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act on April 20, 2011, or any other date pursuant to this incident. 4. Petitioner additionally request reimbursement from the Commonwealth of PA for all costs and filing fees associated with this Appeal, and any other relief the Honorable Court may deem appropriate. The Suspension was unlawful and frivolous. Wherefore the Petitioner respectfully requests this Honorable Court allow him to take an appeal from the suspension of his operating privileges. Respectfully Submitted: GI i I? Qr3?J Qb4 Date: J hua M. Culley, P boner 6977 Wertzville Rd. Enola, PA 17025 (717)691-8332 CERTIFICATE OF SERVICE I, Joshua M.Culley hereby certify that on the 17`" Day of June, 2011, I served a copy of the foregoing document by depositing such into the custody of the United States Postal Service, first class mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 J hua M. Culley Affidavit AND NOW, on this 16th day of June 2011, I, Joshua M Culley, hereby certify that the facts set forth in the forgoing Appeal are true and correct to the best of my knowledge, information and belief. By: rlra?k UQ" Joshua M. Culley 6977 Wertzville Rd Enola, PA. 17025 (717)691-8332 Sworn to apd subscribed before me ?'.?&-k-A.. _.. daY of-June..2011. Notarial Seal Denise Culley, Notary Public Silver Spring Twp., Cumberland County My Commission Expires June 17, 2012 Notary Joshua M. Culley : In The Court Of Common Pleas of Cup4t.CrOdibfF 1 CE 6977 Wertzville Rd County, Pennsylvania OF THIE PROTHONIO TAB.``, Enola, PA 17025 717-691-8332 X011 JUN 11 P11-12' 0 CUMBERLAND OUN _?. PENNSYLVANIA V. Commonwealth of Pennsylvania Department of Transportation Harrisburg, PA 17104 PETITIONER'S MOTION FOR SUMMARY JUDGEMENT AS TO SUSPENSION OF OPERATING PRIVILEGES AND NOW, comes Joshua M. Culley, Respondent, who respectfully avers as follows: The Commonwealth filed a suspension notice in the above captioned matter on May 28, 2011. See Exhibit 1. 2. The Petitioner filed an Appeal on June 16, 2011. See Exhibit 2. 3. There were no convictions of the Sections cited by the Department of Transportation See F.xhihit 3 4. There are no further discoverable facts or material matters in this case. THEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting the Petitioner summary judgement as to the Appeal From License Suspension. Additionally, the Petitioner requests reimbursement for filing fees and expenses related to this appeal and any other relief this honorable court may grant. The Suspension was unlawful and frivolous. Respectfully Submitted, By: Lj?,J CA& Date: Joshua M. Culley 6977 Wertzville Rd. Enola, PA. 17025 (717)691-8332 Individual Certificate Of Service AND NOW, on this 17th day of June 2011, I, Joshua M. Culley, hereby certify that I have served the foregoing Motion for Summary Judgement by United States Postal Service, first class mail, postage prepaid Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA. 17104-2516 By: _ Joshua M. Cull y 6977 Wertzville Rd Enola, PA. 17025 (717)691-8332 Affidavit AND NOW, on this 17th day of June 2011, I, Joshua M Culley, hereby certify that the facts set forth in the forgoing Motion are true and correct to the best of my knowledge, information and belief. By: C4,& Joshua M. Cull 6977 Wertzville Rd Enola, PA. 17025 (717)691-8332 Sworn to and subscribed before me This _? day of June, 2011. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise Culley, Notary Public Silver Spring Twp., Cumberland County My Commission Expins Juror 17.2012 Notary COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 289 2011 JOSHUA MICHAEL CULLEY WID # 111417342353863 001 6977 WERTZVILLE RD PROCESSING DATE 05/21/2011 DRIVER LICENSE # 28503173 ENOLA PA 17025 DATE OF BIRTH 03/29/1989 LICENSE IN BUREAU Dear MR. CULLEY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 04/20/2011 conviction of violating Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act, on 04/12/2011: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/15/2019 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will b-a--nee-ded_ if you do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. Ex KI b',t 0 N 6 (s) In the Court of Common Pleas Of Cumberland County, Pennsylvania Joshua M. Culley 6977 Wertzville Rd Enola, PA. 17025 717-691-8332 V. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing : No. : Civil Action-Law Appeal From Suspension of Operating Privileges And now comes the Petitioner, Joshua M.Culley, and respectfully avers as follows in support of this Petition: Petitioner, Joshua M. Culley, resides at 6977 Wertzville Rd., Enola, PA 17025, PA operator number is 28503173. 2. PennDOT proposes by notice dated May 28, 2011 to suspend Petitioners operating privileges by a period of one (1) year, pursuant to section 1532C of the Vehicle Code. 2. The suspension notice further states that this action was taken due to a conviction on April 20, 2011 of Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act. 3. The Suspension of the Petitioners operating privileges is unlawful as there was no conviction for violating Section 13A16 of the Controlled Substance, Drug, Device and Cosmetic Act on April 20, 2011, or any other date pursuant to this incident. 4. Petitioner additionally request reimbursement from the Commonwealth of PA for all costs and filing fees associated with this Appeal, and any other relief the Honorable Court may deem appropriate. The Suspension was unlawful and frivolous. Wherefore the Petitioner respectfully requests this Honorable Court allow him to take an appeal from the suspension of his operating privileges. Respectfully Submitted: Joshua M. Culley, Petitioner 6977 Wertzville Rd. Enola, PA 17025 (717)691-8332 Date: E-A;arr a Magisterial District Judge 09-3-04 Docket Number: MJ-09304-CR-0000208-2011 Criminal Docket Commonwealth of Pennsylvania V. Joshua Michael Culley Page 2 of 4 Name: Culley, Joshua Michael Sex: Male Date of Birth: 03/29/1989 Race: White Address(es): Primary Enola, PA 17025 Advised of His Right to Apply for Assignment of Counsel? Yes Public Defender Requested by the Defendant? No Application Provided for Appointment of Public Defender? Yes Has the Defendant Been Fingerprinted? Yes Q& US _ ; Participant Type Participant Name Defendant Culley, Joshua Michael Arresting Officer Lively, Timothy D Y 0,1 y Bail Set: Bail Action Type Bail Action Date Bail Type Percentage Amount Set 04/13/2011 Monetary $55,000.00 ON MM I -1 # Charge Grade Description Offense Dt. Disposition 1 18 § 901 §§ A M Criminal Attempt - Int Poss Contr Subst By Per Not 04/12/2011 Guilty Plea Reg 2 35 § 780-113 §§ A16 M Int Poss Contr Subst By Per Not Reg 04/12/2011 Dismissed 3 35 § 780-113 §§ A311 M Marijuana-Small Amt Personal Use 04/12/2011 Dismissed 4 35 § 780-113 §§ A32 M Use/Poss Of Drug Paraph 04/12/2011 Guilty Plea 5 18 § 306 §§ B3 Liable For Conduct Of Other 04/12/2011 Dismissed fXi b;fi 3 MDJS 1200 Page 2 of 4 Printed: 06/03/2011 2:51 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. In the Court of Common Pleas Of Cumberland County, Pennsylvania n L5 %50 Joshua M. Culley, Petitioner No. CD < - : Civil Action-Law V r.3 . Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing ORDER OF COURT AND NOW, this L2, I day of Tqz) c_ , 2011, upon presentation of the within Appeal From Suspension of Operating Privilege, a hearing is ordered on this matter The Petitioner is serving a copy of the appeal to the Department Of Transportation A hearing will be held on the /12% day of , 2011 at I S in. In Court Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. r Distribution: Clerk of Courts - i n n?01-` Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA. 17104 ? Petitioner, Joshua M. Culley 6977 Wertzville Rd, Enola, PA. 17025 0.ples BY THE COURT: JOSHUA M. CULLEY V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVING LICENSING C-) ,-' Y" 4) IN THE COURT OF COMMON PLEAS-01= = °' CUMBERLAND COUNTY, PENNSYL ¢ TIA= CIVIL ACTION - LAW NO. 11-5015 CIVIL TERM IN RE: PETITIONER'S MOTION FOR SUMMARY JUDGMENT AS TO SUSPENSION OF OPERATING PRIVILEGES ORDER OF COURT AND NOW, this 22nd day of June, 2011, upon consideration of Petitioner's Motion for Summary Judgment As to Suspension of Operating Privileges, the motion is denied inasmuch as there is as yet no evidentiary record on which to base a decision on the motion. It is noted that a hearing on Petitioner's Appeal from Suspension of Operating Privileges has been scheduled by separate order for Tuesday, July 12, 2011, at 3:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, at which an evidentiary record will be made. /Joshua M. Culley 6977 Wertzville Road Enola, PA 17025 Petitioner, pro Se BY THE COURT, Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 00P 00°? o? rc JOSHUA M. CULLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v COMMONWEALTH OF c PENNSYLVANIA, DEPARTMENT 3 OF TRANSPORTATION, mW C- BUREAU OF DRIVING LICENSING NO. 11-5015 CIVIL TERM (Ar- N -<rZ: ? >C-, IN RE: APPEAL FROM SUSPENSION OF OPERATING PRIVGE13,3 ORDER OF COURT < AND NOW, this 12th day of July, 2011, upon c? --s i'r1 SC? --4c) ..n a-n -t - 7) _f consideration of Petitioner's Appeal from Suspension of Operating Privilege as noticed by mailing dated May 28, 2011, and following a hearing, at which it appeared that the report received by the Appellee from the applicable Magisterial District Judge's office incorrectly indicated that the Defendant had been convicted of a violation of Section 13(A)(16) of the Controlled Substance Drug Devise and Cosmetic Act, the appeal is sustained, and the said suspension of the Petitioner's operating privilege is vacated, without prejudice to the Department's right to pursue in the future any suspension which might apply to the offense or offenses of which the Petitioner was, in fact, convicted. Joshua M. Culley 6977 Wertzville Road Enola, PA 17025 Petitioner, pro se ? Philip Bricknell, Esquire PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 tad C,pi?4 mae By the Court, JOSHUA M. CULLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU : OF DRIVING LICENSING : NO. 11-5015 CIVIL TERM IN RE: MOTION TO RECONSIDER AND VACATE ORDER ISSUED JULY 12, 2011 ORDER OF COURT AND NOW, this 25 h day of July, 2011, upon consideration of Respondent's Motion To Reconsider and Vacate Order Issued July 12, 2011, based in part upon the Commonwealth Court's holding in Conchado v. Department of Transportation, Bureau of Driver Licensing, 941 A.2d 792 (Pa. Commw. Ct. 2008), the motion is granted to the extent that reconsideration is granted, the order of court dated July 12, 2011, is vacated, and a further period of hearing is scheduled for Tuesday, September 27, 2011, at 10:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, PennsylvaRia. J:z _ Q AT 'THE hearing, Petitioner is directed to present a certified copy 4e bnti4j--:? (In! IV record pertaining to his conviction(s) from the Office of the Magisterial 13 ira t 5ld9 and both parties are directed to submit briefs to the court on the issue pre#ntod b tlii} , r case at least five days prior to the scheduled hearing. BY THE COURT, 1 Wesley Oler r., J. ? Joshua M. Culley 6977 Wertzville Road Enola, PA 17025 Petitioner, pro Se Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 iled a cg rc 71 Joshua M. Culley : In The Court Of Common Pleas of Cumberland 6977 Wertzville Rd County, Pennsylvania Enola, PA 17025 c3 f-.3 `-•„ 717-691-8332 s E2 Petitioner rn rn C/?p r*, i?-171 V. NO. 11-5015 Civil Term -< Cn `' ' Commonwealth of Pennsylvania ,?. L) , Department of Transportation -`" Bureau of Driver Licensing IND ?s Respondent PETITIONER'S MOTION TO QUASH RECONSIDERATION HEARING AND VACATE ORDER ISSUED JULY 25 2011 AND NOW, comes Joshua M. Culley, Petitioner, who respectfully avers as follows: 1. A hearing was held on July 12, 2011 for Petitioners appeal of a license suspension by The PA Department of Transportation, Bureau of Driver Licensing (DOT). 2. The decision by the Commonwealth of Pennsylvania, Court of Common Pleas, Cumberland County was that the appeal was sustained and the suspension of the petitioners operating privileges vacated. The caveat was that the DOT could pursue a suspension in the future for the offenses for which the Petitioner was convicted and that a suspension might apply. 3. On July 21, 2011, the DOT filed a Motion to Reconsider and Vacate the Courts Order of July 12,2011 4. On July 25, 2011, The Court Of Common Pleas, Cumberland County Pennsylvania, issued an order vacating the July 12, 2011 Order of Court and granted the DOT a new hearing for September 27, 2011. The reconsideration, per the Court, was in part granted due to the precedent cited by the DOT, Conchado v. Department of Transportation, Bureau of Driver Licensing, 941 A. 2d 792 (PA Commonwealth Court 2008). The DOT was given the same opportunity to prepare for the July 12, 2011 hearing as the Petitioner. 6. The DOT did not meet their burden at the July 12, 2011 hearing. 7. The precedent cited for the reconsideration does not apply to this case. The conviction in Conchado was for criminal conspiracy. The DOT Counsel cited in Conchado that they did not have the opportunity to object at the trial court, in this case the Counsel for the DOT had every opportunity to object and did not. 8. In Conchado the Court agreed that in Stein V. DOT, 857 A2. d 719 (PA Commonwealth 2004) And George V. Ellis, 911 A.2d 121(PA Super 2006) the DOT waived it's argument that the conspiracy charge was included in 1532(c) by failing to state and clearly support it at the hearing. In the Conchado opinion, the decision was based in part that the DOT Counsel had no reasonable opportunity, to articulate an argument before judgement was passed, and therefore considered the argument for the conspiracy charge not waived. That is not the case in this hearing as DOT Counsel had every opportunity to articulate an argument and was even questioned by the Honorable Judge before judgement if he had any other evidence or arguments, for which DOT did not. The evidence presented by the Petitioner, the docket sheet of the conviction charges, was authenticated/validated to the satisfaction of the DOT Counsel, via a telephone conference with the issuing Magesterial district during a brief recess at the July 12, 2011 hearing. The validity of this document was not challenged by the DOT Counsel. The unvalidated evidence in Conchado gave weight to the decision 9. The wording of 75 PA. C.S. ss 1532(c) is very specific in what the 5 actions are that determine suspension. Possession, sale, delivery, offering for sale, holding for sale, or giving away of any controlled substance under the laws of the United States. This is supported by the Honorable James R. Kelly, Senior Judge in his dissenting opinion in Keim v. DOT, 887 A.2d 834(PA Commonwealth 2005). He opined that there is no broad interpretation of 1532(c) wording as it is very specific. 10. The issue in Cochado was conspiracy and the issue in Keim was is manufacturing considered possession. Neither of these charges apply in this case and should not be considered Precedent. Criminal Attempt, the conviction in this case, does not apply to either precedent 11. The DL-21 document that the DOT Counsel offered as the only evidence that the license suspension is valid, clearly shows the crime convicted of as 35 ss 780 113 ssA16. The docket sheet provided by the Petitioner and authenticated during the hearing clearly shows that the charge was dismissed and the DL-21 is erroneous. A certified copy of the docket sheet is now in the possession of the Respondent. 12. In pleading guilty to Criminal Attempt, it was agreed that the Petitioner made a renunciation of his criminal intent. 13. The allowance of another hearing should fall under the Double Jeopardy Clause and Collateral Estoppel should apply, Ashe v.Swenson 397 U.S.436, 905. Ct. 1189, 25 Led. 2d 469 (1970). A hearing was held on July 12, 2011 and a final decision was given. The DOT has not presented any evidence that the offense convicted of has any suspension mandates and the Reconsideration Hearing Granted for the previous hearing should fall under this Clause . 14. The DOT should be admonished for continuing to pursue a matter that has been decided. This issue has been before the Court once and to retry the same conviction because they didn't get their way is frivolous. These actions are burdensome and costly to the Respondent and all Parties involved. DOT should preserve it's resources for more serious cases THEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order Quashing the DOT Motion to Reconsider and Vacate the Order issued July 12, 2011. The Respondent additionally requests that the Order of Court dated July 12, 2011 be reinstated with predjudice to stop the DOT pursuing any further action on this case and conviction. Additionally, the Petitioner requests reimbursement for filing fees and expenses related to this appeal and any other relief this honorable court may grant. The Suspension was unlawful and frivolous. Respectfully Submitted, By: Date: -6?? (!J" Joshua M. Culley 6977 Wertzville Rd. Enola, PA. 17025 (717)691-8332 Individual Exhibit One Order of Court dated July 12, 2011 Exhibit Two -- Copy of the certified docket JOSHUA M. CULLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVING LICENSING NO. 11-5015 CIVIL TERM IN RE: APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES ORDER OF COURT AND NOW, this 12th day of July, 2011, upon consideration of Petitioner's Appeal from Suspension of Operating Privilege as noticed by mailing dated May 28, 2011, and following a hearing, at which it appeared that the report received by the Appellee from the applicable Magisterial District Judge's office incorrectly indicated that the Defendant had been convicted of a violation of Section 13(A)(16) of the Controlled Substance Drug Devise and Cosmetic Act, the appeal is sustained, and the said suspension of the Petitioner's operating privilege is vacated, without prejudice to the Department's right to pursue in the future any suspension which might apply to the offense or offenses of which the Petitioner was, in fact, convicted. Josh M. Culley 6 Wertzville Roaci nola, PA 17025 Petitioner, pro se Philip Bricknell, Esquire PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 j,?w y :mae By the Court, Magisterial District Judge 09-3-04 DOCKET TRANSCRIPT Docket Number: MJ-09304-CR-0000208-2011 Criminal Docket Commonwealth of Pennsylvania v. Joshua Michael Culley CASE INFORMATION Judge Assigned- Magisterial District Judge Thomas A. Issue Date: Placey OTN: L 625202-4 File Date: Arresting Agency Cumberland County District Attorney Arrest Date- Complaint/Incident #-, CID20110400021 Disposition: Counter Cumberland Disposition Date: Township Silver Spring Township Case Status: Case Status Closed Case Calendar Event Type Preliminary Arraignment Preliminary Hearing Case Confinement Cumberland County Prison Status Date 05/09/2011 05/09/2011 05/05/2011 05/02/2011 04/20/2011 04/20/2011 04/20/2011 04/20/2011 04/13/2011 04/13/2011 Schedule Start Date 04/13/2011 STATUS INFORMATION Processing tat Completed Case Balance Due Case Transferred to Court of Common Pleas Completed Case Balance Due Completed Case Balance Due Awaiting Sentencing Awaiting Preliminary Hearing Awaiting Preliminary Arraignment 04/13/2011 04/13/2011 04/12/2011 Guilty Plea 04/20/2011 Closed CALENDAR EVENTS Start Time Room Schedule Judge Name Sta us 7:00 am Magisterial District Judge Mark Scheduled Martin Page 1 of 4 1 04/20/2011 9:30 am Magisterial District Judge Scheduled Thomas A. Placey CONFINEMENT Confinement Type Confinement Reason Confinement Confinement Date End Date County Jail Unable to Post Bail 04/13/2011 04/13/2011 TABS ES, II1E ANA E COPY ''I JUSTIN G2.'3. MDJS 19nn Printed: 09/01/2011 3:42 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified d ta, a o the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed d data, errors ors o or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-04 DOCKET TRANSCRIPT Docket Number: MJ-09304-CR-0000208-2011 Criminal Docket Commonwealth of Pennsylvania v. Joshua Michael Culley Name: Date of Birth: Address(es) Primary 6977 Wertzville Rd. Enola, PA 17025 DEFENDANT INFORMATION Culley, Joshua Michael Sex: Male 03/29/1989 Race: White Page 2 of 4 Advised of His Right to Apply for Assignment of Counsel? Yes Public Defender Requested by the Defendant? No Application Provided for Appointment of Public Defender? Yes Has the Defendant Been Fingerprinted? Yes CASE PARTICIPANTS Participant Type Participant Name OTN Docket Number Prosecution Commonwealth of Pennsylvania Defendant Culley, Joshua Michael Arresting Officer Lively, Timothy D Bail Set: Bail Action Type Set BAIL # Charoe 1 18§901 §§A Was Sworn In? Has Testified? No No No No No No Bail Action Date Bail Tvoe Percentage Amount 04/13/2011 Monetary $55,000.00 CHARGES Grade Description Offense Dt. Disposition M Criminal Attempt - Int Poss Contr Subst By Per Not 04/12/2011 Guilty Plea Reg 2 35§780-113§§A16 M Int Poss Contr Subst By Per Not Reg 04/12/2011 Dismissed 3 35§780-113§§A311 M Marijuana-Small Amt Personal Use 04/12/2011 Dismissed 4 35§780-113§§A32 M Use/Poss Of Drug Paraph 04/12/2011 Guilty Plea 5 18 § 306 §§ B3 Liable For Conduct Of Other 04/12/2011 Dismissed V L)JO [zuu Page 2 of 4 Printed: 09/01/2011 3:42 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-04 DOCKET TRANSCRIPT Docket Number: MJ-09304-CR-0000208-2011 Criminal Docket Commonwealth of Pennsylvania v. Joshua Michael Culley DISPOSITION / SENTENCING DETAILS Page 3 of 4 Case Disposition Guilty Plea Disposition Date Was Defendant Present? 04/20/2011 Yes Offense Sea./Description Offense Disposition 1 Criminal Attempt - Int Poss Contr Subst By Per Not Reg Guilty Plea ---- 2 Int Poss Contr Subst By Per Not Reg -------------- Dismissed - - - - - - - - - - - - - - - 3 Marijua - --- - na-Small Amt Personal Use - - -- -- -- -- --- - - - --- --- -- -- Dismissed - -- -- --- -- -- - 4 Use/Po - - - ss Of Drug Paraph - - - - - - - - - - - - - Guilty Plea - - - - - - - - - - - - - - - -- -- 5 Liable For Conduct Of Other - --- -- --- --- ---- Dismissed Filed Date ENTRY INFORMATION Entry REGISTRY 05/09/2011 05/ Penalty Satisfied - _ _ _ _ er Magisterial District Court 09-3-04 Applies To Joshua Michael Culley, Defendant 09/2011 05/09/ Case Balance Adjustment Recorded _ Magisterial District Court 09-3-04 ------- _ Joshua Michael Culley, Defendant 2011 05/ Penalty Assessed - Magisterial District Court 09-3-04 ---------------- Joshua Michael Culley, Defendant 09/2011 - 0 Case Balance Restored_ Magisterial District Court 09-3-04 Joshua Michael Culley, Defendant 5/05/2011 Case Transferred to Court of Common _ Magisterial District Court 09-3-04 Joshua Michael Culley Defendant Pleas , 05/02/2011 0 0 Penalt-Satisfed _ _ _ _ _ _ _ _ _ -- - - --- -- - -- - _ Magisterial-District C_ou_rt 09-3-04 -- --- Joshua Michael Culley, Defendant 5/02/2011 / Case Balance Adjustment Recorded - - _ Magisterial District Court 09-3-04 - - - - - - - - - _ - --------- Joshua Michael Culley, Defendant 4 20/2011 0 Penalty Assessed - - - Magisterial District Court 09-3-04 - - - - - - - - - - - - - - - - Joshua Michael Culley, Defendant 4/20/2011 - ----- DL-21 D Issued ------------ - - Magisterial District Court 09-3-04 - - - - - - - - - - Joshua Michael Culley, Defendant -4/20/2011 Penalty Satisfied _ - - - -Magisterial _District Court 09-3-04 - --- -- - -- - - - - - - - - - - - - - ------ Joshua Michael Culle Defendant Y' 04/20/2011 Disposition Cancelled - - - Magisterial District Judge Thomas - - - - - - -- - - Joshua Michael Culley, Defendant ------- ---------------- A. PlaceY 04/20/2011 Order Imposing Sentence Printed --------- Magisterial District Court 09-3-04 --------- 04/20/2011 Penalty Assessed Magisterial District Court 09-3-04 Joshua Michael Culley, Defendant 04/20/2011 Guilty Plea - Magisterial District Judge Thomas - -- - - - - - -- Joshua Michael Culley, Defendant -- -- -- -------- - ---- A. Place 04/13/2011 Commitment Printed - Unable to Post Bail --------- Magisterial District Court 09-3-04 ---------- - - - - - - - - - - - - - - - - Joshua Michael Culley, Defendant 04/13/2011 Bail Set -- Magisterial District Judge Thomas --------------------- Joshua Michael Culley, Defendant ----___ -- --- _ _________ A. Place 04/13/2011 Preliminary Hearing Scheduled - - -- - - ---- --------- Magisterial District Court 09-3-04 -------- --------------- Joshua Michael Culley, Defendant 04/13/2011 0 Preliminary Arraignment Scheduled --- Magisterial District Court 09-3-04 ---------------- Joshua Michael Culle , Defendant 4/13/2011 Criminal Complaint Filed _ Magisterial District Court 09-3-04 - - -- - -- -- - - - --- - - MUDS 12M Page 3 of 4 Printed: 09/01/2011 3:42 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. MDJS 1200 Page 4 of 4 Printed: 09/01/2011 3:42 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Certificate Of Service AND NOW, on this 14th day of September 2011, I, Joshua M. Culley, hereby certify that I have served the foregoing Motion to Quash Reconsideration by United States Postal Service, first class mail, postage prepaid. Department of Transportation Philip M Bricknell Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA. 17104-2516 By: Joshua M. Cu ey 6977 Wertzville Rd Enola, PA. 17025 (717)691-8332 Affidavit AND NOW, on this 14th day of September 2011, I, Joshua M Culley, hereby certify that the facts set forth in the forgoing Motion to Quash Reconsideration are true and correct to the best of my knowledge, information and belief. By: ?? "N Joshua M. Cul y 6977 Wertzville Rd Enola, PA. 17025 (717)691-8332 Sworn t ubscribed before me This (IlWday of September, 2011. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise Culley, Notary Public Silver Spring Twp., Cumberland County My Commission Expires June 17, 2012 _ Member, Pennsylvanla ? ?At? ?? Kniaries Notary ?C1?? JOSHUA M. CULLEY V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, ; DEPARTMENT OF "TRANSPORTATION, BUREAU : OF DRIVING LICENSING NO. 11-5015 CIVIL TERM ORDER OF COURT c? CJ N %0 -c N 6tii AND NOW, this 29`h day of September, 2011, upon consideration of Petitioner's Appeal from Suspension of Operating Privilege as noticed by mailing dated May 28, 2011, and following (a) a hearing held on July 12, 2011, (b) a vacation on July 25, 2011, of the initial order in the case, and (c) a further period of hearing on September 27, 2011, the Petitioner's appeal is denied and the suspension of Petitioner's driving privilege as noticed by mailing dated May 28, 2011, is affirmed. See Dienes v. Commonwealth, Department of Transportation, Nos. 2550 C.D. 2010, 2551 C.D. 2010, 2552 C.D. 2010 (Pennsylvania Commonwealth Court May 20, 2011); Conchado v. Commonwealth, Department of Transportation, 941 A.2d 792 (Pa. Commw. Ct. 2008). BY THE COURT, ? Joshua M. Culley 6977 Wertzville Road Enola, PA 17025 Petitioner, pro Se J,jVesley Olpr' Jr`. `JG Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 ?Aa'`ud Cop iq 1 A?