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HomeMy WebLinkAbout12-0234E= ILE0-01- i C[`[ 20 12 JAN 20 AM 9, 04 Elisabeth K.H. Pasqualini, Esquire ID# 201665 SHAFFER & ENGLE LAW OFFICES lo3Sunset Avenue Harrisburg, PA 17112 717-545-3032 *phone 717-545-3083*fax elsabeth @shaffereng le. com JOSHUA KIRK VS. COMMONEWEALTH OF PA DEPT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA APPEAL FROM THE SUSPENSION OF OPERATING PRIVILEGES AND NOW, this day of January, 2012, comes Joshua Kirk, above- captioned petitioner, by and through his attorney, Elisabeth K.H. Pasqualini, Esquire, and respectfully files this Appeal from the Suspension of Operating Privileges, avers the following: 1. Petitioner, Joshua Kirk, resides at 345 North 48th Street, Harrisburg, PA 17111. Petitioner's Driver's License number is 29856949• 2. PennDOT proposes by a Notice dated December 21, 2011 to suspend the Petitioner's operating privileges for a period of one (1) year, pursuant to Section 1547111I of the Vehicle Code, effective January 25, 2012 at 12:01 a.m. $ 103.7s-pd e# .26 L?? 4,X 3. The withdrawal and suspension of Petitioner's operating privileges is unlawful for the following reasons: The stop was made without reasonable suspicion. WHEREFORE, Petitioner respectfully requested that this Honorable Court allow him to take an appeal from the suspension of his operating privileges. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES Ehsa eth K.H. Pasqualini, Esquire Date ID # 201665 103 Sunset Avenue Harrisburg, PA 17112 717-545-3032*phone 717-545-3083*fax Attorney for Defendant JOSHUA KIRK VS. COMMONEWEALTH OF PA DEPT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I hereby certify that I am, on this date, serving the Commonwealth of Pennsylvania, Department of Transportation, Office of Chief Counsel with a true and correct copy of the Suspension Appeal by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested. Date: _L N Izm a ?? r r Sarah M. Knehr Secretary 103 Sunset Avenue Harrisburg, PA 17112 717-545-3032*phone 717-545-3o83*fax 3 JOSHUA KIRK vs. COMMONEWEALTH OF PA DEPT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SCHEDULING AND SUPERSEADING ORDER AND NOW, this Jj0day of January, 2012, upon presentation of the within Appeal From Suspension of Operating Privilege, it is hereby ordered that a hearing on this matter shall be held on/1Ma/4 • , P AICL & 2012, at --"m. in Courtroom No. A of the Cumberland County Courthouse, Carlisle, PA. The action of the Pennsylvania Department of Transportation in suspending the driving privileges of the petitioner is hereby stayed pending a final decision of the court to the extent provided under Section 1550(b) and Section 1377 of the Motor Vehicle Code. Petitioner must serve a copy of the appeal to the Pennsylvania Department o f Transporta on. ti BY THE C U> r- rv r " -,7n ?ldge Distribution: ? Elisabeth K.H. Pasqualini, Esq., 103 Sunset Avenue, Harrisburg, PA 17112 ? Joshua Kirk, 345 North 48th Street, Harrisburg, PA 17111 Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 wpie-; Mated ?j'w/ja ?n? i P D [HCt O TI , . . 2017 L JAN 20 AM 9: C4 Elisabeth K.H. Pasqualini, Esquire ID# 201665 SHAFFER & ENGLE LAW OFFICES lo3SunsetAuenue Harrisburg, PA 17112 717-545-3032 *phone 717-545-3053 *ffa eisabeth @shafferengle. com JOSHUA KIRK VS. C;UMSEPLAND CUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONEWEALTH OF PA DEPT OF TRANSPORTATION BUREAU OF DRIVER LICENSING APPEAL FROM THE SUSPENSION OF OPERATING PRIVILEGES AND NOW, this ]0 day of January, 2012, comes Joshua Kirk, above- captioned petitioner, by and through his attorney, Elisabeth K.H. Pasqualini, Esquire, and respectfully files this Appeal from the Suspension of Operating Privileges, avers the following: 1. Petitioner, Joshua Kirk, resides at 345 North 48th Street, Harrisburg, PA 17111. Petitioner's Driver's License number is 29856949• 2. PennDOT proposes by a Notice dated December 21, 2011 to suspend the Petitioner's operating privileges for a period of one (1) year, pursuant to Section 1547B1I of the Vehicle Code, effective January 25, 2012 at 12:01 a.m. ,# X03. 7S-pd C#ao/7 e#ad Q9yy 3. The withdrawal and suspension of Petitioner's operating privileges is unlawful for the following reasons: The stop was made without reasonable suspicion. WHEREFORE, Petitioner respectfully requested that this Honorable Court allow him to take an appeal from the suspension of his operating privileges. Respectfully submitted, C% on Date SHAFFER & ENGLE LAW OFFICES Ell-sal eth K.H. Pasqualini, Esquire ID # 201665 103 Sunset Avenue Harrisburg, PA 17112 717-545-3032*phone 717-545-3083*fax Attorney for Defendant JOSHUA KIRK VS. COMMONEWEALTH OF PA DEPT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I hereby certify that I am, on this date, serving the Commonwealth of Pennsylvania, Department of Transportation, Office of Chief Counsel with a true and correct copy of the Suspension Appeal by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested. Date:12'O'r.4 ?) Sarah M. Knehr Secretary 103 Sunset Avenue Harrisburg, PA 17112 717-545-3032*phone 717-545-3083*fax JOSHUA S. KIRK, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 12-234 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 16tH day of April, 2012, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 22nd day of June, 2012, at 9:30 a.m., in Courtroom no. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Attest: Elisabeth K. H. Pasqualini, Esq., Shaffer & Engle Law Offices, 103 Sunset Avenue, Harrisburg, PA 17112 / ? Philip M. Bricknell, Esq., Pennsylvania Depa rtment of Transportation, Office of Chief Counsel, Riverfront Office Center, 3?d Floor, 1101 South Front Street, Hwpsl?urg, PA 17104-2516 fir; ll JOSHUA KIRK, Appellant V COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2012-0234 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 22nd day of June, 2012, the parties having moved to continue this matter, IT IS HEREBY ORDERED AND DIRECTED that hearing in this case shall be held before Judge Christylee Peck on October 24, 2012, at 9:00 a.m., in Courtroom Number S. By the Court, h" ? 1 M. L. Ebert, Jr., J. ? Elizabeth Pasqualini, Esquire rnw c._. For Appellant z r- 1 Philip M. Bricknell, Esquire N ?CD For Appellee -0 mt f ; Aa, N a i l r PRO ? 1DNO T aaY 20 12 JUL 12 PM 2: U 1 f UMBERLAND COUNTY PENNSYLVANIA JOSHUA S. KIRK, Appellant IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS 15 OF VANIA V. : NO. 12-234 Civil COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S DEPARTMENT OF TRANSPORTATION, SUSPENSION BUREAU OF DRIVER LICENSING, Appellee PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned appeal as withdrawn with prejudice and appeal hearing previously scheduled for Wednesday, October 24, 2012 at 9:00 a.m. Respectfully submitted, Date: G ? Z? Patrick F( Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel (717) 763-1800 the JOSHUA S. KIRK, : IN THE COURT OF COMMON PLEA OF Appellant : CUMBERLAND COUNTY, PENNS VANIA V. . NO. 12-234 Civil COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LI DEPARTMENT OF TRANSPORTATION, :SUSPENSION BUREAU OF DRIVER LICENSING, Appellee : CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appellant's Discontinue upon opposing counsel by depositing a copy of the same in the United Camp Hill, Pennsylvania, through first class mail, postage paid and addressed as follows: Philip Bricknell, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: Z-1 -2 . Patrick 4 Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 to Mail, JOSHUA S. KIRK, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 12-234 Civil COMMONWEALTH OF PENNSYLVANIA,: APPEAL OF OPERATOR'S LICENSE DEPARTMENT OF TRANSPORTATION, :SUSPENSION BUREAU OF DRIVER LICENSING, Appellee ORDER OF COURT AND NOW, this 1344 day of 2012, upon consideration of ? e d the Appellant's Praecipe to Discontinue, the Praecipe is hereby CA" The hearing previously scheduled for Wednesday, October 24, 2012 at 9:00 a.m. is canceled. BY THE T: J. c" c j? N rr tw A xc7 p c ;. ? -1 L i :. Distribution: Philip Bricknell, Assistant Counsel, Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 JOSHA KIRK, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMEN'T' OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee 2012-0234 CIVIL TERM. IN RE: :LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 24th day of October, 2012, pursuant to a statement: of the parties that this appeal has been withdrawn by a previous Order of Court, this matter is hereby removed from the list. By t:he Court , ;~, -~ -,/ i ~ ~ -- ~, Christylee L. Peck, J. / Alyssa H. Knisley, Esquire ~ ~: Shaffer ~s~ Engle Law Office ~~ N ~- 512 Market Street ~~ ~ r-=.' Millersburg, PA 17061 ~~ '°_ off. For the Appellant ~~ - ~ N r~~ /Philip M. Bricknell, Esquire r - ~-., ~ ~ ~• ~ -~ c° L` ~ ~- Office of Chief Counsel ~; ; ~, 1101 South. Front Street- 3rd Floor ,~~. ~ © •• , Harrisburg, PA 17104-2516 -:~ ~; :.;:_, For the Appellee Pcb ~~; ~'S rHa-~'/mod ~t~~~ a