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HomeMy WebLinkAbout13-7059 Supreme Court of Pennsylvania Zir- CourtCoinmon leas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland" COUnty 3 7 ' z / r 7 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 El Complaint El Writ of Summons 0 Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: David Null PennDot T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? ❑Yes El No (check one) El outside arbitration limits O N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Gregory B.Abeln ❑ 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑x Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) ❑ Slander/Libel/Defamation Discrimination E] Employment Dispute:Other C El Other: mpoyment spue: er El Zoning Board Other: ,I, I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑ Ejectment El Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA : CUMBERLAND COUNTY,PENNSYLVANIA 13 - ?V �' L refer V. NO. 3 CIN '.rn � . DAVID NULL, z-Z, Appellant APPEAL FROM LICENSE SUSPISTOI� ©� PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, David Null, by and through his attorney, Gregory Barton Abeln, Esquire,who files the following petition: 1. David Null is an adult individual currently residing at 111 Reed Drive, Marysville, PA 17053. 2. On October 31, 2013, the Pennsylvania Department of Transportation sent to Appellant a notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in his possession. 4. The suspension was for an August 29,2013 conviction of section 3733 of the Pennsylvania Vehicle Code, Fleeing A Police Officer on November 18, 2012. 5. The conviction was a result of his guilty plea and sentencing on October 22,2013 to 75 Pa. C.S.A. §3733 in full satisfaction of all charges (attachment B). 5. The Appellant believes that there was a mistake in the plea agreement which led to a plea to the wrong count of the information. OtX ; r-7 16 WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of his license suspension pending the result of said hearing. Respectfully submitted, ABELN LAW OFFICES Date e�ag--134� Gregory Barton Abeln, Esquire ID 4 35,960 Attorney for Appellant 37 East Pomfret St. Carlisle, PA 17013 717/245-2851 DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. DAVID NULL, Appellant APPEAL FROM LICENSE SUSPENSION CERTIFICATE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Fl., Riverfront Office Center Harrisburg, PA 17104-2516 Respectfully submitted, ABELN LAW OFFICES Date Mary C. Abeln Legal Assistant 37 East Pomfret St. Carlisle, PA 17013 717/245-2851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : OCTOBER 31 , 2013 DAVID E NULL WID # 132979284630227 001 111 REED DR PROCESSING DATE 10/24/2013 DRIVER LICENSE # 25401565 MARYSVILLE PA 17053 DATE OF BIRTH 10/01/1980 LICENSE IN BUREAU Dear MR . NULL : This is an Official Notice of the Revocation of your Driving Privilege as authorized by Section 1542D of the Pennsylvania Vehicle Code . As a result of your 08/29/2013 conviction of violating Section 3733 of the Vehicle Code , FLEEING POLICE OFFICER , on 11/18/2012 : • You have been designated as a habitual offender because this is your third major violation within a five year period . • Your driving privilege is REVOKED for a period of 5 YEAR(S) effective 08/04/2014 at 12: 01 a.m. This revocation 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 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 . A _ e i 132979284630227 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 31 , 2013, of this letter . If you file an ap- peal 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 certi- fied 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 REVOCATION. Sincerely , 9���- - - Z g &,X) Janet L . Dolan , Director Bureau of Driver Licensing SEND FEE/LICENSE/DL- 16LC/T0: 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 TOO IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CP-21-CR-0617-2013 CHARGE : (1) FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER DAVID E. NULL OTN: T266186-4 AFFIANT: SGT. TODD T. LINDSAY IN RE : GUILTY PLEA ORDER OF COURT AND NOW, this 29th day of August, 2013 , the Defendant having tendered a plea of guilty to Count 1, in full satisfaction of all charges at this term and number, said plea is accepted and recorded. He is directed to appear for sentence on Tuesday, October 22 , 2013 , at 9 :30 a.m. A sentencing report is ordered. By the Court, Edward E. Guido, J. Jonathan R. Birbeck, Esquire Office of the District Attorney Gregory Abeln, Esquire For the Defendant Probation Sheriff Court Administrator srs } COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CP-21-CR-0617-2013 CHARGE: (1) FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER DAVID E. NULL OTN: T266186-4 AFFIANT: SGT . TODD T. LINDSAY IN RE: SENTENCE ORDER OF COURT AND NOW, this 22nd day of October, 2013, the Defendant having appeared for sentence, and the Court being in receipt of a sentencing report, sentence is that he pay the costs of prosecution, a fine of $200 . 00, and that he undergo a period of probation for 18 months on the condition that he be and remain on good behavior. Supervision for collection purposes only. By the Court, Edward E. Guido, J. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney Gregory B. Abeln, Esquire Private Counsel Probation Victim Witness : lfh DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA : CUMBERLAND COUNTY,PENNSYLVANIA I- 70rf V. NO. - - DAVID NULL, Appellant APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW,this'/Alay ,2013,upon presentation and consideration of the within Petition For Appeal From License Suspension, a hearing is set for the P�day of D$n� 20 1�, at 6 o'clock A .m. in Courtroom No. of the Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of this appeal hearing. By Court J. 3 c.z t=om _U:T 1—� —4 rn CJ r7-7 -� v> CD C cc: ory Barton Abeln, Esquire K-2 sylvania Department of Transportation, Office of Chief Counsel CO ljC_S /Ca T�r� DAVID NULL , • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY • v. • /3 - G,'!1d`L COMMONWEALTH OF PENNSYLVANIA, : NC 3efe1°I3 lA DEPARTMENT OF TRANSPORTATION, : DRIVERS LICENSE Respondent • SUSPENSION APPEAL ORDER AND NOW, this 31ST day of January, 2014, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 2nd day of June, 2014, at 1:30 p.m., in Courtroom 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Attest: ,Aregory Barton Abeln, Esq., 37 East Pomfret St., Carlisle, PA 17013 �hilip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3 Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 /124 .111.L -0= c•) ti N m c._ n_ /7 WI- W DAVID NULL, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : NO. 13-7059 CIVIL TERM : APPEAL FROM LICENSE SUSPENSION IN RE: ADMISSION OF COMMONWEALTH EXHIBIT ORDER OF COURT AND NOW, this 2nd day of June, 2014, this being the time and place set for a hearing in the above -captioned appeal, and the Commonwealth having moved for admission of its Exhibit Number 1, Commonwealth Exhibit Number 1 is admitted to the record. 7 Gregory B. Abeln, Esquire For the Appellant Philip M. Bricknell, Esquire For PennDOT :mtf copies trzat 1m By the Court, 1 C) C7 , CD DAVID NULL, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 13-7059 CIVIL TERM : APPEAL FROM LICENSE SUSPENSION COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES ORDER OF COURT AND NOW, this 2nd day of June, 2014, this being the time and place set for a hearing on an appeal from a suspension of operating privileges, and the defendant having failed to appear, IT IS HEREBY ORDERED AND DIRECTED that the appeal is dismissed. The suspension which is the basis of this appeal shall be reinstated. ✓ Gregory B. Abeln, Esquire For the Appellant Philip M. Bricknell, Esquire For PennDOT .mtf CT'es m&L I:EcL 1‘13/1 By the Court, .P_