HomeMy WebLinkAbout13-4133 Supreme Couft-106fiRennsylvania
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Commencement of Action:
Complaint n- Writ of Summons 1< Petition
S F!, Transfer from Another Jurisdiction Declaration of Taking
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T 3Kt 14 0/J tu ERC77' 0 AJ5 Y 1,V
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Are money damages requested? El Yes No (check one) r1outside arbitration limits
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N Is this a Class Action Suit? M Yes \O No Is this an MDJAppeal? El Yes No
A Name of Plaintiff/Appellant's Attorney:- /L-ARG_&)c L � MC-600i4k) ES(1, oLej il) " 23 9 12cl
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Updated 1/1/2011
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Terrence J. McGowan, Esquire
-<:L- '' Y
Attorney I.D. #39129 v{ -t
Killian & Gephart, LLP cc }� ,
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
(717) 238-0592 (fax) Attorneys For Plaintiff
RICHARD J. WOLFSKILL : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V. : DOCKET NO. 3 - q1
COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE
DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL
PETITION FOR APPEAL FROM
ORDER SUSPENDING DRIVING PRIVILEGE
AND NOW, this 16' day of July, 2013, comes Petitioner/Appellant, Richard J.
Wolfskill, by and through his attorney, Terrence J. McGowan, Esquire, of Killian &
Gephart, LLP, who pursuant to 75 Pa.C.S.A. §1550 files this Petition For Appeal from an
Order of the Commonwealth of Pennsylvania, Department of Transportation, suspending
Petitioner/Appellant's driving privilege, and in furtherance thereof, avers the following:
1. Petitioner is Richard J. Wolfskill, who resides at 13 Buttonwood Lane,
Carlisle, Cumberland County, Pennsylvania.
2. Petitioner possesses a currently valid Pennsylvania operator's license
number 21932342. 7T d y
3 �3I
3. By letter dated June 28, 2013, the Pennsylvania Department of
Transportation notified Petitioner that as a result of his April 25, 2013, conviction of
violating 35 Pa.C.S. §780-113(a)(12) of the Controlled Substance, Drug, Device and
Cosmetic Act on March 18, 2010, that his driving privileges are being suspended for a
period of six (6) months effective August 2, 2013. A copy of the Notice of Suspension is
attached hereto as Exhibit "A" and is incorporated herein by reference.
4. By way of a second later dated July 1, 2013, the Pennsylvania Department
of Transportation notified Petitioner that as a result of his April 25, 2013, conviction of
violating 35 Pa.C.S. §780-113(a)(12) of the Controlled Substance, Drug, Device and
Cosmetic Act on January 1, 2007, that his driving privileges are being suspended for a
period of six (6) months effective February 2, 2014. A copy of the Notice of Suspension
is attached hereto as Exhibit "B" and is incorporated herein by reference.
5. The Department erred when it assessed two separate six (6) month driver's
license suspensions because the underlying offenses that serve as the basis for the
suspensions constitute a single criminal episode that should have been punished with a
single license suspension.
6. Accordingly, the length of Petitioner's driver's license suspension should be
reduced from twelve (12) months to six (6) months.
WHEREFORE, pursuant to 75 Pa.C.S.A. §1550, Petitioner/Appellant, Richard
Wolfskill, respectfully requests that this Honorable Court grant him an appeal of the
Order suspending his driving privilege, and to order that the Pennsylvania Department of
{
Transportation's Order suspending Petitioner's driving privilege be stayed pending the
Hearing in this matter.
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated: July 16, 2013 C
Terrence J. Mc owan, Esquire
Attorney I.D. #39129
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date : JUNE 28, 2013
RICHARD J WOLFSKILL WID # 131729284293169 001
13 BUTTONWOOD LN PROCESSING DATE 06/21/2013
DRIVER LICENSE 21932342
CARLISLE PA 17015 DATE OF BIRTH 10/10/1968
Dear MR .- WOLFSKILL: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 04/25/2013 conviction of
violating Section 13Al2 of the Controlled Substance, Drug,
Device and Cosmetic Act , on 03/18/2010 :
■ Your driving privilege is SUSPENDED for a period of 6
MONTH(S) effective 08/02/2013 at 12: 01 a.m.
Before PennDOT can restore your driving privilege , you must
follow the instructions in this letter for COMPLYING WITH
THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE . You should follow ALL instructions very
carefully. Even if you have served all the time on the
suspension/revocation, we cannot restore your driving priv-
ilege until all the requirements are satisfied.
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 08/02/2013 . You may
_surrender these items before, 08/02/2013 , for earlier_ _
credit; however , -you may not drive after these items are -
surrendered.
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION
PURPOSES. However , you may apply for and obtain a photo
identification card at any Driver License Center for a cost
of $13 .50 . You must present two (2) forms of proper iden-
tification (e . g . , birth certificate , valid U.S. passport ,
marriage certificate , etc. ) in order to obtain your photo
identification card.
You will not receive credit toward serving any suspension
until we receive your license(s) . Complete the following
steps to acknowledge this suspension.
EXHIBIT "A"
131729264293169
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 nota-
rized 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 D'r'iver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
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 con-
firming the date that credit began. If you do not re-
ceive a receipt from us within three (3) weeks, please
contact our office. Otherwise, you will not be given
credit toward serving this suspension. PennDOT phone
numbers are listed at the end of this letter .
3. If you do not return all current driver license pro-
ducts, 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 .
3 . Follow the payment and mailing instructions on the back
of the application .
Please note: Paying the restoration fee DOES NOT satisfy
the requirement to acknowledge your suspension/revocation.
If you have not acknowledged your suspension/revocation,
please follow the instructions listed under "Complying with
this Suspension/Revocation" .
131729284293169
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 be needed 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 this letter .
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date , JUNE 28, 2013, of this letter . If you file an appeal
in the County Court, the Court will give you a time-stamped
certified Copy of the appeal. In order for your appeal to
be valid, you must send this time-stamped certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor , Riverfront Office Center
Harrisburg , PA 17104-2516
Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 08/02/2013.
Sincerely,
Janet L. Dolan , Director
Bureau of Driver Licensing
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-SPATE 717-412-5380
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date : JULY 01 , 2013
RICHARD J WOLFSKILL WID # 131756278527799 001
13 BUTTONWOOD LN PROCESSING DATE 06/24/2013
DRIVER LICENSE # 21932342
CARLISLE PA 17015 DATE OF BIRTH 10/10/1968
Dear MR. WOLFSKILL :
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 15320 of the Pennsylvania
Vehicle Code . As a result of your 04/25/2013 conviction of
violating Section 13Al2 of the Controlled Substance , Drug ,
Device and Cosmetic Act , on 01/01/2007.
Your driving privilege is SUSPENDED for a period of 6
MONTH(S) effective 02/02/2014 at 12: 01 a.m.
This suspension is in addition to any other suspensions al-
ready on your record .
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 08/02/2013. You may
surrender these items before , 08/02/2013, for earlier
credit; however , you may not drive after these items are
surrendered.
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION
PURPOSES. However , you may apply for and obtain a photo
identification card at any Driver License Center for a cost
o f -5 1 .5 0, �. �f ems- a u.s-t,�.r e s e r. _t.wm
tification (e .g . , birth certificate, valid U. S. passport ,
marriage certificate , etc . ) in order to obtain your photo
identification card.
You will not receive credit toward serving any suspension
until we receive your license(s) . Complete the following
steps to acknowledge this suspension.
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 nota-
rized 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 .
EXHIBIT "B"
131756278527799
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. Box 68693
Harrisburg , PA 17106-8693
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 con-
firming the date that credit began. if you do not re-
ceive a receipt from -ug- within three (3) weeks, please
contact our office. Otherwise, you will not be given
credit toward serving this suspension. PennDOT phone
numbers are listed at the end of this letter .
3 . If you do not return all current driver license pro-
ducts, we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571 (a) (4)
of the Pennsylvania Vehicle Code.
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 be needed 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 .
APPEAL
You -tv- -the- Ctyu-r+ --u#
Common Pleas (Civil Division) within 30 days of the mail
date , JULY O1 , 2013, of this letter . If you file an appeal
in the County Court, the Court will give you a time-stamped
certified copy of the appeal. In order for your appeal to
be valid, you must send this time-stamped certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor , Riverfront Office Center
Harrisburg , PA 17104-2516
Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 08/02/2013.
131756278527799
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. Box 68693
Harrisburg , PA 17106-8693
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 con-
firming the date that credit began. If you do not re-
ceive a receipt from -us within three (3) weeks, please
contact our office. Otherwise, you will not be given
credit toward serving this suspension. PennDOT phone
numbers are listed at the end of this letter .
3. If you do not return all current driver license pro-
ducts , we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571 (a) (4)
of the Pennsylvania Vehicle Code.
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 be needed 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 .
APPEAL
to -"e— C,crurt
Common Pleas (Civil Division) within 30 days of the mail
date , JULY 01 , 2013, of this letter. If you file an appeal
in the County Court, the Court will give you a time-stamped
certified copy of the appeal. In order for your appeal to
be valid, you must send this time-stamped certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor , Riverfront Office Center
Harrisburg , PA 17104-2516
Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 08/02/2013.
131756278527799
Sincerely,
�w.yam' ►• �, �,�
Janet L . Dolan# Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO: INFORMATION (8:00 AM TO 5:00 PM)
----De P-a-r tm e-n-t---o-f---T-r-a-n-s p o r t a-t i-o n - - --1 N_S-T-A T-E - _. - _1_-8-0.0.---9 3-2--x -0.0-___.
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
On this 16'' day of July, 2013, I hereby certify that I served the foregoing
document on the following by depositing a true and correct copy in the United States
Mail, postage prepaid, certified mail, addressed to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
KILLIAN & GEPHART, LLP
Terrence J. McG an, Esquire
Attorney I.D. #39129
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
F!LED-0FF CE-
Terrence J. McGowan, Esquire OF THE PROTI O?tOWMY
Attorney I.D. #39129 2013 JUL 23 AN 9: 4 3
Killian & Gephart, LLP
218 Pine Street CUMBERLA140 COUNTY
P.O. Box 886 PEN16YLVANIA
Harrisburg, PA 17108-0886
(717) 232-1851
(717) 238-0592 (fax) Attorneys For Plaintiff
RICHARD WOLFSKILL : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V. : DOCKET NO. 13 y� 3 CUB I
COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE
DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL
ORDER
AND NOW, this, /14ay of , 2013, upon consideration of
Appellant's Notice of Appeal, a Hearing is set for the q— day of 2013,
at 9,.,36 a-.m., in Courtroom #,.5' , Cumberland County Courthouse, Carlisle,
Pennsylvania. AND NOW, Appellee is hereby ordered to reinstate Appellant's driving
privilege supersedeas pursuant to 75 Pa.C.S.A. §1550(b) pending said Hearing.
By The Court,
J.
Distribution:
Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor,
Riverfront Office Center, Harrisburg, PA 17104-2516
,/Terrence J. McGowan, Esquire, 218 Pine Street, P.O. Box 886, Harrisburg, PA
17108-0886
"d�
t '
FILED'CIFFIt E' .
Terrence J. McGowan, Esquire r'si, THE PROTHONOTARY
Attorney I.D. #39129 20 13��� �� �� � "�
Killian & Gephart, LLP
218 Pine Street CUMBERLAND COUNTY
Harrisburg, PA 17101 PENNSYLVANIA
(717) 232-1851
(717) 238-0592 (fax) Attorneys For Plaintiff
RICHARD WOLFSKILL : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
V. : DOCKET NO: 13-4133 Civil
COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE
DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL
TO: THE HONORABLE CHRISTY LEE PECK, JUDGE
MOTION TO WITHDRAW AS COUNSEL
AND NOW, this 29' day of August, 2013, comes Petitioner, Terrence J.
McGowan, Esquire, and in support of this Motion To Withdraw As Counsel avers the
following:
1. Petitioner, Terrence J. McGowan, Esquire, is presently listed as attorney of
record for the above-named Plaintiff.
2. It is believed, and therefore averred, that the attorney-client relationship is
irretrievably broken.
3. Accordingly, Petitioner, Terrence J. McGowan, seeks to withdraw as
counsel.
4. Petitioner has advised Plaintiff to obtain new counsel.
5. Plaintiff, Richard Wolfskill, is aware of his Hearing presently scheduled for
October 2, 2013, at 9:30 a.m.
WHEREFORE, Petitioner, Terrence J. McGowan, Esquire, respectfully requests
this Honorable Court to permit him to withdraw as counsel in the above-captioned matter..
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated: August 29, 2013
Terrence J. Mc an, E441e
Attorney I.D. #39129
218 Pine Street
Harrisburg, PA 17101
(717) 232-1851
CERTIFICATE OF SERVICE
On this 29`h day of August, 2013, I hereby certify that I served the foregoing
document on the following by first class mail, addressed to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Mr. Richard Wolfskill
13 Buttonwood Lane
Carlisle, PA 17015
KILLIAN & GEPHART, LLP
Terence J. Mc G an, fWuire
Attorney I.D. #39129
218 Pine Street
Harrisburg, PA 17101
(717) 232-1851
RICHARD WOLFSKILL, IN THE COURT OF COMMON PLEAS OF
Petitioner. CUMBRLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION—LAW
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION, ;
Respondent 13-4133 CIVIL TERM
IN RE: MOTION TO WITHDRAW AS COUNSEL
ORDER OF COURT
AND NOW, this 4" day of September, 2013, upon consideration of the Motion To
Withdraw as Counsel, a Rule is hereby issued upon Petitioner to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 14 days of service.
BY THE COURT,
Christy
l e L. Peck, J.
Terrence J. McGowan, Esq.
218 Pine Street
Harrisburg, PA 17101
Attorney for Petitioner
Philip Bricknell, Es q.
q
Assistant Counsel
PA. Department of Transportation Me.j
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2830
Att orney for Respondent �C �'" °m''
(cC. _ -�
✓Kichard Wolfs kill
kill 9 '�/�-� -•e � :.
13 Buttonwood Lane
Carlisle, PA 17015
Richard J. Wolfskill In the Court of Common Pleas of
•
Cumberland County, Pennsylvania
Vs.
•
• CIVIL ACTION
Docket# 2013-4133
Commonwealth of Pennsylvania •
Department of Transportation •
PRAECIPE
AND NOW, this 2nd day of October 2013 please enter my appearance for Richard J Wolfskill
in the above-referenced case.
rri
� 3
Cl)r- -�
David D. Buell, Prothonotary -�� .mac
20 13 Z OC$ IE-t i --
Attorney Info:
In 14 4
'1 °1-1
Gregory H. Knight, Esquire
Knight &Associates, P. C.
Attorney I.D.No. 30622
2 Northfield Way
Mechanicsburg, PA. 17050
is
iu'(3 OCT --2 Am fix: 17
PENNSYLVANI A
Richard J. Wolfskill : In the Court of Common Pleas of
Cumberland County, Pennsylvania
Vs.
• CIVIL ACTION
Docket#2013-4133
Commonwealth of Pennsylvania •
•
Department of Transportation
CERTIFICATE OF SERVICE
I certify that I have served a true and correct copy of the foregoing Praecipe for the Entry of
Appearance upon the following person by e-mail and by United States mail,postage pre-paid:
Philip M. Bricknell
Assistant Counsel
Department of Transportation
Riverfront Office Center
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
6Th'*)? [C- C1 "
Gregory H. Knight, Esquire
Knight&Associates, P. C.
Attorney I.D. No. 30622
2 Northfield Way
y, Mechanicsburg, PA. 17050
Date: - Octet/et lc)
RICHARD J. WOLFSKILL, • IN THE COURT OF COMMON
Petitioner • PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
v. •
•
COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4133 CIVIL TERM
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING, • DRIVER LICENSE
Respondent • SUSPENSION APPEAL
ORDER
AND NOW, this 2nd day of October, 2013, the appeal filed in the above-
captioned matter is:
REMANDED to the Department of Transportation for
correction of its records.
l/ DISMISSED and the suspensions which are the basis of this
appeal shall be REINSTATED.
SUSTAINED and the suspensions which are the basis of
this appeal shall be RESCINDED.
WITHDRAWN and the suspensions which are the basis of
this appeal shall be REINSTATED.
CONTINUED and RESCHEDULED for the day of
, 2013, at .m., in Courtroom
(\.1 = Room No. of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
CD
BY THE COURT:
c co vii
1,,1 ® W t
/C,A
J.
Attest:
/egory H. Knight, Esq., 19 Brookwood Avenue, Carlisle, PA 17015
✓Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel,
3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
CO t es in_at tecL,
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