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Home My WebLink About13-3259 Supreme Couffbf�Pennsylvania Courttf Common,\Pleas For Prothonotary Use Only: Fes, u-� Ij ��tr Civil:Cover_1Shket j �t ;t Docket No: S�i Cumberland County t�l� 13 The information collected on this form is used solely for court administration purposes. This,form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Jeffrey Warner Commonwealth of PA, Dept. of Transportation, Bureau�i Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? 0 Yes X' No O (check one) 0 outside arbitration limits N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? ED Yes 0 No A Name of Plaintiff/Appellant's Attorney: Craig E. Kauzlarich, Esquire 0 Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle ❑ Debt Collection: Other E] Board of Elections 0 Nuisance 0 Dept.of Transportation ] Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include 0 Employment Dispute: E mass tort) El Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute: Other 0 Zoning Board T E Other: License Suspension I 0 Other: O MASS TORT Asbestos N Tobacco 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste El Ejectment ❑ Common Law/Statutory Arbitration B 0 Other: . 0 Eminent Domain/Condemnation IO Declaratory Judgment El Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY i�` Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title El Other: 0 Medical - Other: 0 Other Professional: Updated 1/1/2011 U , KU ULAKIS U' 8 E 6 Craig E.KauZlarich,Esquire �P EN iS�f L VA O U'41 `ir Attorney LD.No.:208858 f 2 West High Street Carlisle,Pennsylvania 17013 (717)249-0900 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY,PA BUREAU OF DRIVERS'LICENSING, APPELLEE Docket# 3 A� I" V. Driver License No.: 20656776 JEFFREY B. WARNER, APPELLANT NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this 5ffi day of May,2013, the Appellant,Jeffrey B. Warner,by and through his attorney, Craig E. Kauzlarich, of Abom&Kutulakis,LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant,Jeffrey B. Warner,is an adult individual who currently resides at 51 Blue Pond Road,Newville,PA 17241. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers'Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. On February 5, 2013,Appellant was cited by Pennsylvania State Police for Accidents Involving Damage to Unattended Vehicle or Property, 75 Pa.C.S. 3745(A). 4. On April 29, 2013,Appellant entered a guilty plea before in Magisterial District Court. 5. The citation is the subject of a summary appeal,which is being concurrently filed with the Cumberland County Clerk of Court. lea 7,j°"�, c .0 t 6. Appellant denies that he violated § 3745(A) of the Vehicle Code. 7. By letter dated May 7, 2012,Appellee notified Appellant that his Commercial Driver's License ("CDL") would be disqualified for a period of one (1) year to commence on June 11,2013. "Exhibit A". 8. Appellant denies that the Appellee is authorized to disqualify his CDL. 9. It is believed and therefore averred that there is a reasonable likelihood of the success of this Appeal and the related Summary Appeal such that the Court should grant reinstatement supersedes,pursuant to 75 Pa.C.S. 1550(b)(2). WHEREFORE,your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, ABOM UTULmas,LLP DATE Craig E.Kauzlarich,Esquire Attorney for Appellant 2 West High Street Carlisle,PA 17013 (717) 249-0900 ID No.208858 r . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg , PA 17123 MAY 07, 2013 v JEF FR'E1' BRIAN WARNER WID #' 131209283080346 001 51 BLUE POND RD PROCESSING DATE 04/30/2013 DRIVER LICENSE# 20656776 NEWVILLE PA 17241 DATE OF BIRTH 09/12/1964 `R .,...._s,�.De'a"i,.`;'""`"Y''j't3t��`Ci'rT7:�"�•-�' - •u+z+.. t-y- y'+�ia;+�:.�-:..,w ..w.ia -,;.ee--a �.•.,.�r..�*,+�_xz.r:a ;r,� =-':-..,,-,..,,. ., ,,.m._....._ This is a`n Official Notice of Disqualification of your com- mercial driving privilege as authorized by Section 1611A of the Pennsylvania Vehicle Code as a result of Your pre- adjudication , conviction , administrative adjudication, or refusal in Pennsylvania . Your driving record reflects one of the above adjudications on 04/29/2013 of 3745, of the Pennsylvania Statutes , , LEAVING SCENE OF ACCIDENT on 0'1/26/2013 . Your commercial driving privilege is disqualified for a pe- riod of I YEAR(S) effective 06/11/2013 at 12 : 01 A.M . Xn order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above , you are required to submit a DL16LC .Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege . Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for pros'ecCiti`on u''nder r`SE`(:°TION"15'77 (a) (c4? of trio - Ve-hicle Code . Although the law mandates that your driving privilege is under disqualification even if you do not surrender your license, Credit will not begin until all current driver 's license product (s) , the DL16LC Form , or a letter acknowl- edging your sanction is received in this Bureau . WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE,_ YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. X11 EX IBIT 131209283080346 Please see the enclosed application for restoration fee in- formation . While your commercial driving Privilege is disqualified , the Vehicle Code permits a driver to obtain a noncommercial Class C or M license , if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles . If you wish to obtain this licenses Please complete the enclosed application ,as instructed and return it to the Department . Please be aware that if you elect to obtain this non'commer- cial Class C or M license , You are still prohibited from operating a commercial motor vehicle . If you do so , you are subject to additional Penalties ,. including possible lifetime disqualification of your commercial driving Privilege . You have the right" to appeal the Departm'ent 's action to -the Court of Common Pleas (Civil Division) within 30 days of the mail date (MAY 07, 2013) of this notice . You must still send in Your license before the effective date of disqualifica tion unless you show the Court that you have a reasonable likelihood of succeeding in the appeal and- receive an order permitting You to continue to drive . PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction . AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: 'N `A—DEPARTMENT OF TKANSPURTAt3 0 PENNSYLVAN1 OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing t 131209283080346 SEND FEE/LICENSE/DL-16LC/TO : INFORMATION (8 : 00 AM TO 5 : 00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P . O . Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg , PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 CERTIFICATE OF SERVICE I, Sally J. Evans,hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee,by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABom&KuTuLmas,LLP DATE l P )OIL to'/� Sally)"./Evans COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS'LICENSING, APPELLEE : Docket# 3a-sy uG -d V. Driver.License No.: 20656776 JEFFREY B. WARNER, APPELLANT ORDER AND NOW, this 111v day of—14iaz _, 2013,upon consideration of the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the-21-ld day ofd< 2013, at q'30 AM/BI,in Courtroom# r. of the Cumberland County Courthouse. FURTHERMORE,Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. 51550(b)(2) pending said hearing. BY THE COURT J Craig E. Kauzlarich,Esquire 2 West High Street Carlisle, PA 17013 ✓ Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 r.a LC �ry t: c.)r— r>3 tzi uo OM & 2C13 SED 30 �l` �'LI : LAKIS ,� Craig E.Kautilarich,Esquire PENNs L U%O Attorney LD.No.:208858 L VA NIA 2 West High Street Carlisle,Peuu ylrauia 17013 (717)249-0900 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY,PENNSYLVANIA BUREAU OF DRIVER LICENSING v. JEFFREY B. WARNER : DOCKET NO.: 13-3259 CIVIL : Driver's License Appeal PRAECIPE TO WITHDRAW AND DISMISS APPEAL TO THE HONORABLE COURT: Please withdraw and dismiss Appellant's appeal at the above-referenced docket number. Respectfully submitted, ABOM:- UTULAKIS,LL DATE Craig . Kauzlarich,Esquire Attorney for Appellant 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 208858 CERTIFICATE OF SERVICE I, Sally J. Evans, hereby certify that I did serve a copy of the within Petition to Withdraw and Dismiss Appeal, by mailing a copy of said Petition by United States Postal Service via First Class Mail upon: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM&KUTULAKIS,LLP qDA'1E ea,74,0 1301/3 /Ley Sally J. Evans JEFFREY B. WARNER, : IN THE COURT OF Petitioner : COMMON PLEAS OF : CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, : NO. 2013-3259 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Commercial Driver License Respondent : Disqualification Appeal ORDER AND NOW, this 2nd day of October, 2013, the appeal filed in the above- captioned matter is WITHDRAWN and the disqualification which is the basis of this appeal shall be REINSTATED. BY THE COURT: &/66L- J. Attest: Craig E. Kauzlarich, Esq., Abom & Kutulakis, LLP, 2 West High Street, Carlisle, PA 17013 J Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 aorI es f ,`aitr.cL c /t..131//3 Crl*P1 C4 C3