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Home My WebLink About05-1672 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III VS. 05-i072- ~ ~ No.: LSA 2005 COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Petitioner, JAMES ARTHUR BALL, III, by and through his attorney, David E. Hershey, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this Appeal and in support thereof, avers as follows: 1. Petitioner, James Arthur Ball, III is a licensed driver in the Commonwealth of Pennsylvania with a residence address of 6101 Westover Drive, Mechanicsburg, Cumberland County, PA 17055. 2. Department of Transportation, Bureau of Driver Licensing has a mailing address at 1101 South Front Street, Harrisburg, PA 17104. 3. Petitioner received an official notice of suspension with a mail date of March 16, 2005, from the Department indicating that his driving privilege is scheduled to be suspended on March 28, 2005, for failure to produce proof of financial responsibility on January 14, 2005. See Exhibit "A" attached hereto and incorporated herein by reference. 4. The proposed suspension is outlined in Exhibit "A" is illegal, improper, or invalid for some or all of the following reasons: a. Petitioner was not the owner of the trailer which was involved in a motor vehicle stop on January 14, 2005, which is the subject of this dispute. b. Pursuant to Chapter 17 of the Vehicle Code, only an owner of a vehicle has the responsibility to maintain financial responsibility on said vehicle. '* c. The trailer, which was the subject of the investigation by York City Police, was leased from Best Line Equipment in Mechanicsburg, PA. d. The trailer that was the subject of the investigation by York Area City Police was registered to Best Line Equipment, its successors, or assigns at the time of the traffic stop on January 14, 2005. e. The proposed suspension is otherwise in violation of the Pennsylvania Vehicle Code. WHEREFORE, Petitioner prays your Honorable Court enter a supersedeas pursuant to Section 1550 of the Vehicle Code and to schedule a hearing relative to the merits of this appeal. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. /7 r? ~../"d,( Dated: (rJ /!V by: Da~ Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 10 No.: 43092 . EXHIBIT "A" . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MARCH 16, 2005 MECHANICSBURG PA 17055 WID i 050689283417528 001 PROCESSING DATE 03/09/2005 DRIVER LICENSE i 19021194 DATE OF BIRTH 08/25/1960 JAMES ARTHUR BALL III 6101 WESTOVER DR Dear Motorist: Your driving privilege is scheduled to be suspended on 03/28/2005, because you failed to produce proof of financial responsibility on 01/14/2005, the date of your traffic offense. 1. Your driving privilege will be suspended for three months effective 03/28/2005 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. 2. You will be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in your possession. 3. You will be required to provide the Department with proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be permitted to operate a motor vehicle until you have been advised in writing by this Bureau that your privilege has been reinstated. If you do not comply with this notice, this Bureau will refer this matter to the PennsYlvania State Police for prosecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 03/28/2005 12:01 A.M. In 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 . ' 050689283417528 to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571Ca)C4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver' s license productCs), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, 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. The above mentioned sanction is in addition to any previously issued sanctionCs). APPEAL You have the right to appeal this action to the Court of Common Pleas CCivil Division) within 30 days of the mail date, MARCH 16, 2005, 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 Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing 050689283417528 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 VERIFICA liON I, James Arthur Ball, III, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. (- ("-\..---------..- I {/ Dated: CERTIFICATE OF SERVICE On the day of March 2005, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by First- class Mail, as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. /P/ by: Dlvrct'E'Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 ~0 -- cr-- N ~ --....J -....) ~ ~ V' \ (" r -- I~ V\ IV' \ 0, \2j () . ""_.~ /-, -<~ r-:> c.:'.:" C:':'J c,.n ~~ ""...... ~-~~ o --n :::1 fh :!J r- -0 en ::J CJ (') L '.., ( ) , ".-: .-~-; .~n~~ ;'1 '"'r:'~ ~):J -< ~ ;.:(,) C,) o r-.) w /' " V .1' . . RECEIVED MAR .31 7~ ~l IN THE COURT OF COMMON PLEAS, CUMBERLAND 40UNTY JAMES ARTHUR BALL, III vs. Os- 167 ~,~ No.: LSA 2005 COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER AND NOW, this l/tl day of ~~( attached Appeal and the reasons supporting same, IT IS HEREBY ORDERED AND DECREE that a hearing 0 the merits of this case is hereby scheduled for the ~ day of , 2 05 at ,fJ 30 p, ,m, in Courtroom No. ~ of the Cumberland Co nty Courthouse, ne Courthouse Square, Carlisle, Pennsylvania, Pursuant to Section 1550 of the Motor Vehicle Code, the De artment of Transportation is hereby Ordered to stay the proposed thJ:~onth uspension until such time as this case can be decided on its merits. ~/ /""// .' / / ,.' .- . , . . ' / 2005, upon c nsideration of the 7 Judge Distribution: Cumberland County Prothonotary's Office David E. Hershey, Esquire, 130 West Church treet, Suite 100, Dill burg, PA 17019 George Kabusk, Esquire, Pennsylvania Dep rtment of Transportati n Bureau of Driver Licensing, 1101 So th Front Street, Harrisb rg, PA 17104 c~ ./ i~ 4-- 0';", (OJ c::) - ',.n ',.:'.'';:;') ~~2. ------- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III VS. No.: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING PETITION TO WITHDRAW AS COUNSEL I ! TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Petitioner's counsel, David E. Hershey, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this Request for Rule to Show Cause and Order Permitting Withdraw as Counsel and in support thereof, avers as follows: 1, Petitioner was retained by Mr. Ball on or about the first week of March, 2005 to prepare a license suspension appeal which was ultimately filed and docketed above. 2, Your Honorable Court scheduled a hearing for June 6, 2005, at 2:30 p,m. in courtroom 2. 3, The fee arrangement relative to this case was for petitioner to perform services relative to the license suspension appeal on a flat fee basis. See Exhibit "A" attached hereto and incorporated herein by reference, 4, Mr. Ball provided a retainer check as requested, dated March 23, 2005, payable to the Wiley Group in the amount of $1 ,000,00 to cover attorney's fees and associated costs relative to the appeal. 5, The check provided to petitioner was subsequently returned from Mr. Ball's bank as Non-Sufficient Funds on or about March 31, 2005. See Exhibit "B" attached hereto and incorporated herein by reference, 6, Additional bank charges were incurred by petitioner's firm as a result of same, 7, A filing fee for this appeal was advanced by Petitioner's firm, 8, Mr. Ball was advised by Petitioner via telephone regarding the above within several days of the returned check. 9, Petitioner forwarded correspondence dated April 4, 2005, to Mr. Ball indicating that if the check was not made good within ten (10) days of the mail date of Petitioner's letter that petitioner would be filing a request to withdraw as counsel. See correspondence notices as Exhibit "C" attached hereto and incorporated herein by reference. 10, To date Mr. Ball has not complied with the fee agreement as indicated above, 11. Mr. Ball verbally assured undersigned counsel that the fees would be taken care of in mid-April. WHEREFORE, Petitioner prays your Honorable Court issue a rule upon James A Ball, III, as to why the request to withdraw as counsel should not be granted, Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P.C, <-2// ~ Dated: .- / ///'/1-/ by: ~E~~ershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 EXHIBIT "A" . Jan M, Wiley David j, Lenox Timothy j, Colgan Christopher j. Marzzacco I David E, Hershey Bradley A. Winnick Thomas M, Clark Ari D. Weitzman THE 'WILEY GROUP Auorneys at Lavv Wiley, Lenox, Colgan & Marzzacco, P.c. March 28, 2005 Retainer Aareement James A Ball, 1\I 6101 Westover Drive Mechanicsburg, PA 17055 I Re: Commonwealthv. James Arthur Ball, 111 Dear James: This correspondence confirms that you have agreed to provide this firm with a FLAT fee to represent you in the above matter(s). r Specifically, after a full initial consultation with Attorney David E. Hershey, squire, you have a greed to pay this firm for legal representation, pursuant to the ollowing fee schedule: A non-refundable fee of $750.00 will be assessed for our representation at nd all preparation prior to your summary appeal case in York County, ennsylvania and non-refundable fee of $1,000.00 will be assessed for our epresentation at and all preparation prior to your license suspension appeal eaTing in Cumberland County, Pennsylvania. The above fee covers 'any and all egal work performedon your case at and prior to your hearing, Costs: As agreed, this firm will forward the costs of all reasonable expenses necessary o fully represent your interests in this matter. Services will only be ordered with your ermission. Said expenses include, but are not limited to, court reporters, private investigators, experts and other necessary costs. You will receive an invoice for said ervices upon our payment of the same. All invoices are due upon receipt. Sincerely, I I \ ~EH/jfS I 130 W. Church Street, Suite 100. Dillsburg, PA 17019 . Phone: (717) 432,9666. (800) 682-4250. Fax: (717) 432-0426 Offices in Harrisburg. York. Carbondale www.wileygrouplaw.com ~/ -David E. Hershey, Esquire EXHIBIT "B" EXHIBIT "C" )an M, Wiley David J. Lenox Timothy j, Colgan Christopher J. Marzzacco David E. Hershey Bradley A. Winnick Thomas M, Clark Ari D. Weitzman THE WILEY GROUP Attorneys at Lavv Wiley, Lenox, Colgan & Marzzacco, P.c. April 4, 2005 i ames A. Ball, III 101 Westover Drive echanicsburg, PA 17055 Re: Status of Cases: Cumberland, York Counties Your license suspension appeal for failure to provide proof of financial responsibility was ely filed in the Cumberland County Court of Common Pleas last week. Additionally, at time- tamped copy of this appeal was forwarded to PennDot's Office of Chief Counsel for entry of the upersedeas. You will be receiving a subsequent notice from PennDot indicating that the uspension previously in effect for failure to exhibit proof of financial responsibility is being tayed. Please make sure that you advise me immediately upon receipt ofthat notice. On a related note, your summary convictions for 1786 failure to maintain [mancial esponsibility, as well as, the inspection violation were timely appealed to the Court of Common leas of York County. When we receive a notice from the York County District Attorney's ffice scheduling these matters for a hearing, your presence will be required. Additionally, I will equire the presence of your driver/employee and we will have to subpoena a representative from est Line Equipment, as well. My bookkeeper advised me that two of the checks that you issued to us in the amount of 200.00 and $1,500.00 have been returned for non-sufficient ftmds. It is imperative to maintain he integrity of our lawyer{client relationship that you make good on that check in ten days from he mail date of this letter and that there are no future occurrences of fees being returned to us for on-sufficient ftmds. Otherwise, I will have no choice but to file a notice with the courts .thdrawing as your attorney, You are also responsible for the filing fees my office cost- dvanced in your two appeals. Thank you for your anticipated cooperation in this matter. Sincerely, David E. Hershey, Esquire EH/lms 130 W. <(:hurch Street, Suite 100 . Dillsborg, PA 17019. Phoile' (717)432,9666 . (800)682-4250 . Fax: (717) 432-()426 -(j)ffices in Harrjsburg~XoJk. Carbondale - --'NW\^',wi.!eygrBup1aw<::om - - u __ VERIFICATION The undersigned, David E Hershey, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, 94904, relating to unsworn falsification to authorities. Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P,C. t2/ by: Dav'E, Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No,: 43092 Dated: )/)-d , . CERTIFICATE OF SERVICE .1'--- On the 4 day of May 2005, I certify that a copy of the foregoing petition was served upon James A Ball, III and the attorney for the Commonwealth of Pennsylvania, by First-class Mail, as follows: James A Ball, III 6101 Westover Drive Mechanicsburg, PA 17050 George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P.C, / //?/ ,/ " by(LYavld E Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No,: 43092 --- " ".... -..::~ ;"''-' \ Co' ~~,'} " ..--; c:? c..) e,') , ',4.. - RECEIVED MAY 0 9 7nn~ J./ ,:} IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III vs. No.: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING RULE TO SHOW CAUSE AND NOW, this ~ day of May 2005, upon consideration of the attached Petition to Withdraw as Counsel and the reasons supporting same, A Rule is hereby issued on James A. Ball, III as to why the request should not be granted, Rule returnable to days after service, By the Court: -;:.? // ". "., / E- L<~ Edgar B. Bayley, .--- Judge --. Distribution: Cumberland County Prothonotary's Office ~vid E Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 - .,3'eorge Kabusk, Esquire, Pennsylvania Department of Transportation Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 ~mes A Ball, III, 6101 Westover Drive, Mechanicsburg, PA 17050 ~~ V FIIJ:I}C,:: OF THE 2005 h/.'t ! 0 (t'i 3: :)~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III VS. No.: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT: AND NOW, comes the Petitioner's counsel, David E Hershey, of Wiley, Lenox, Colgan & Marzzacco, P,C., and files this Petition to Make Rule Absolute and in support thereof, avers as follows: 1. A petition to withdraw as counsel was filed with your Honorable Court on May 6, 2005, with an accompanying request for a Rule to Show Cause, 2, Your Honorable Court signed a Rule to Show Cause, which was certified from the Prothonotary's Office May 11, 2005, indicating that the Rule was returnable ten (10) days after service. 3. A copy of your Honorable Court's order was served certified mail return receipt requested to James A. Ball, III, at his address of record, 4, The receipt for certified mail indicates that service was accepted on April 14,2005. See Exhibit "An attached hereto and incorporated herein by reference, 5. As of this date, undersigned counsel believes, and therefore avers, that no response has been filed by James Arthur Ball, III. WHEREFORE, Petitioner prays your Honorable Court make the Rule Absolute and enter an order releasing David E. Hershey, Esquire and Wiley, lenox, Colgan & Marzzacco, P,C, as attorneys of record in the above-captioned appeal. Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P,C, /~ (/ Dated: <:~J{-cf, /' by: Da dE. Hershey, Esquire 130 West Church Street Suite 100 Dillsburg. PA 17019 (717) 432-9666 10 No.: 43092 ---_.~ , ,"" ," ',",-',' i'i"_.'}' '",,:,,":',"'>-':~<1''''>;''~1"''''J!'f'''m~~~'''\\~' ,- Complete items 1', '2;':an'q'~;"~I~q':~p,mple~;'/"':<"!>';';') item 411 Restricted Delivery Isdesired. . Print your name an~;:add'El'~s'pn','t~e.'-T~-"~~: so that ~e can:returi}/~tj~,:;,~rg;,,!!:t'Y:C?W::;'{<?;'?:~::I_ . Attach this card to thg'back 01 the mallp~. , or on the: front if-spl;iCo'permits. 1. Artlcle Addressed to: James A. mIl/JIG wID) V-kSwverQr/ rntcltuuc~~ <1'7'0 . ..... 2~ :~~ft~:~ill,ll~}ab~~l'\r PS fo~m 3,& 1 ! ' febr:ua,ry 2P04 ..,"',..",,'i",,'.c"':"',' ':',:-';':;;':::'::'-'; , , ",';-",t,>,~,' -p::y~~ 7004 0750 0003 6351 9129 : 1 ~ '. '.6;;itr~~tidd~~tU'r,b".' . \i'1;' ,f';': 1b2595:02-M-1540 !;; UNITED STATES POSTAL SERVICE II First~Class Mail Postage & Fees Paid USPS Permit No, G-10 . Sender: Please print your name, address, and ZIP+4 in this box. ','- '",,', -' :,",.-, ,,' ,,"--" .':theWiley Group. 13Q1',~. .~~(\~,.\turcti"Street "Sulte'1.lilO . . DlIl~b\!rgrPinristlv8nia 17019 CliM: I" ,JI) ",111"", ,UI,I"",U"I,I"Ii,,,i,l. ,11,11", ,11111 VERIFICATION The undersigned, David E Hershey, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. 94904, relating to unsworn falsification to authorities, Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P,C, by: Da 130W Suite 100 Dillsburg, PA 17019 (717) 432-9666 10 No,: 43092 /! / d E I:lefsney, Esquire h u rch Street Dated: {' -)6--' P?' CERTIFICATE OF SERVICE tY On the ~ day of May 2005, I certify that a copy of the foregoing petition was served upon James A Ball, III and the attorney for the Commonwealth of Pennsylvania. by First-class Mail. as follows: James A Ball. III 6101 Westover Drive Mechanicsburg, PA 17050 George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully submitted, WILEY. LENOX, COLGAN & MARZZACCO, P,C. ~o-. b{: idE-Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 10 No.: 43092 -,1 " (, t...) - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III vs. No.: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING PETITIONER'S MOTION FOR CONTINUANCE TO THE HONORABLE EDGAR B, BAYLEY, JUDGE OF SAID COURT: AND NOW, comes, James Arthur Ball, III, Petitioner in the above-captioned matter, by and through his attorneys, Wiley, Lenox, Colgan & Marzzacco, P,C., who respectfully file the within Motion for Continuance, and in support thereof, avers the following: 1. This matter is scheduled for Monday, June 6, 2005 at 2:30 p.m, before your Honorable Court. 2, Your Honorable Court had entered an order last week allowing undersigned counsel to withdraw from this case for non-payment of fees. 3. The day that your Honorable Court entered the above-mentioned order, James Ball appeared at the law offices of the undersigned with a cash payment and is therefore now in compliance with the fee agreement. 4. The underlying summary conviction for Section 1786 of the Vehicle Code, which is the basis of the Department's action in the above-captioned matter, is currently pending on appeal in York County summary appeals court. 5, The outcome of the summary appeal will have a direct bearing on the Department's position regarding the proposed suspension which is the subject of this appeal. 6. Counsel for the Department, George Kabusk, Esquire, was contacted by undersigned counsel on Thursday, June 2, 2005, and has indicated that he has no objection to a continuance in the above-captioned matter for all of the aforementioned reasons. 7. A praecipe re-entering undersigned counsel's appearance is being filed concurrently with this motion. WHEREFORE, Petitioner prays that your Honorable Court enter an order continuing this matter for a period of 90 days to allow time for the underlying summary appeal to be resolved in York County. Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P.C, bY~&m 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 Dated: ? -:3 - 9' VERIFICATION The undersigned, on behalf of my client, James Arthur Ball, III, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 94904, relating to unsworn falsification to authorities. Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P,C. by: D ' . He ey, Esquire 130 W, Church Street Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 Dated: ~-- 3--d~' CERTIFICATE OF SERVICE rei On the ~ay of June 2005, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by First-class Mail, as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P .C, by: Da' . Hershey, Esq. 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 () r-> Q. c: g ~ d' :t,-n -O\.'\~) <- q;f~, ~ ~.~ -zc \ (J),f'C'. "" ~U -<. ~. ~(,; __-,'I ..., ....k- ~" ...p.-, A?" .-:/1..-:. ~ '7-~ ~t ' i9 (5f 'Pc .A ~ (f\ ?jj c:J) ,"" - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III VS. No.: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER AND NOW, this day of June 2005, upon review of Defendant's Motion for Continuance and noting further that counsel for the Department has no objection and noting further the reasons in support herein, said request is hereby . This matter is hereby rescheduled for day of , 2005 at o'clock in courtroom number BY THE COURT: EDGAR B. BAYLEY, JUDGE Distribution: Clerk of Courts Court Administrator George Kabusk, Esquire, Pennsylvania Department of Transportation Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 David E. Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III VS. No.: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER AND NOW, this day of June 2005, upon review of Defendant's Motion for Continuance and noting further that counsel for the Department has no objection and noting further the reasons in support herein, said request is hereby . This matter is hereby rescheduled for day of , 2005 at o'clock in courtroom number BY THE COURT: EDGAR B. BAYLEY, JUDGE Distribution: Clerk of Courts Court Administrator George Kabusk, Esquire, Pennsylvania Department of Transportation Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 David E Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III '. vs. No.: 05.1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE re-enter my appearance on behalf of the Petitioner, James Arthur Ball, III, in the above-referenced matters. Dated: c- !-~C~ Respectfully submitted by: ~/ ~. Hershey, Esquire ID NO.: 43092 WILEY, LENOX, COLGAN & MARZZACCO, P,C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 CERTIFICATE OF SERVICE 'I ()t=t On this .,z.... - of June 2005, I certify that a copy of the foregoing document was served upon the following attorney for the Department of Transportation by U.S, regular mail, address as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully s bmitted by: Dav ,ershey, Esquire ID NO.: 43092 WILEY, LENOX, COLGAN & MARZZACCO, P.C, 130 West Church Street, Suite 100 Dillsburg, PA 17019 () ""' c = ~ -o$: = c.n l'C: <- ~~ q:rT! c:: _.::;:; ze- % (I)"j? , -~ ; r::C') w ~ g~ ~". " ~8 :x ..J c ;:.,.C) ~ .r;- ocn ,-1 0 ~ W -< RECEIVED JUN 06 2005.~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III vs. No.: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER AND NOW, this 13tJ.. day of June 2005, upon review of Defendant's Motion for Continuance and noting further that counsel for the Department has no objection and noting further the reasons in support herein, said request is hereby g~J.. This matter is hereby rescheduled for ']-lA day of I~/~' 2005 at \" 3D o'clock in courtroom number /' ;,{ BY THE COURT: Distribution: Clerk of Courts Court Administrator Jdeorge Kabusk, Esquire, Pennsylvania Department of Transportation Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 vf'avid E. Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 ~~~ ~O? FILEO-DfHCE Tur- -~-r)-I ,,,. ''''-'''''v I.... ....c..i : ,'-" 11\".) i.I"'--f . ll_ 1 j ; .~,' ,', . '.-.', ,~, .1 \1 . . 'llll 13 J'l...Jt. ' Pp._~ #')~. '" ~'J ""1'1 J. j I ..--------- ---------.. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JAMES ARTHUR BALL, III VB. No,,: 05-1672 CIVIL COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please withdraw the license suspension appeal filed in the above-captioned matter. Respectfully submitted, WilEY, lENOX, COLGAN & MARZZACCO, P.C. ~~ by: vld E. Hershey, E:squire ID No.: 43092 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: 7- --;27' -c/ CERTIFICATE OF SERVICE On the 1- ~y of July 2005, I certify that a copy of the foregoing praecipe was served upon the Department of Transportation by First-class Mail, as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Honorable Edgar B. Bayley Judge's Chambers Cumberland County CourthoLlse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. ~ by: D . :tiers. hey, Esquire ID No.: 43092 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 ,..., c:, ';7- '~~;"-.: C.") \ -~ N .. o - If