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Home My WebLink About05-1830 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CHRISTOPHER W. VANDENEEDEN vs. ()5'- /'i3 0 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, CHRISTOPHER W. VANDENEEDEN, 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, Christopher W. Vandeneeden is a licensed driver in the Commonwealth of Pennsylvania with a residence address of 1809 Hunter Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Departrnent 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 11, 2005, frorn the Departrnent indicating that his driving privilege is scheduled to be suspended on March 11, 2005, for being convicted of driving while having a suspended or revoked license on March 3, 2005. See Exhibit "A" attached hereto and incorporated herein by reference. 4. The proposed suspension as outlined in Exhibit "A" is illegal, irnproper or invalid because the underlying conviction for driving under suspension is presently on appeal in the Cumberland County Court of Cornmon Pleas. 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. Dated: y.-6-d ~ by' oL,",y, E',",,, 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 Mail Date: MARCH II. 2005 CHRSITOPHER W VANDENEEDEN 1809 HUNTER DRIVE MECHANICSBURG PA 17050 WID. 050639283347462 001 PROCESSING DATE 03/04/2005 DRIVER LICENSE. 27495078 DATE OF BIRTH 04/20/1985 LICENSE IN BUREAU '1 ! j Dear MR. VANDENEEDEN: This is an official No~ice of ~he Suspension of your Driving Privilege as authorized by Section 1543 of the PennsYlvania Vehicle Code. As a result of your 03/03/2005 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 02/20/2004: . Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/11/2005 at 12:01 a.m. This suspension is in addition to any other suspensions already on your record. PROVIDING PROOF OF INSURANCE Wi thin the last 30 days of your suspension/revocation. we will send yo.., a letter asking that you provide Pr,oo.f. of insurance 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. 050639283347462 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MARCH 11, 2005, of this letter. If you file an appeal in the County Cou~t, the Cou~t will give you a time-stamped ce~tified 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 Couns.1 Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing 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 TOD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 VERIFICATION The undersigned, CHRISTOPHER W. V ANDENEEDEN, verifies 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. ~4904, relating to unsworn falsification to authorities. ~'~,~~k:---A~~ y: Christopher W. VanDenEeden Dated: . f.~6" 9 CERTIFICATE OF SERVICE VI /tj/ On the ~ day of April 2005, I certify that a copy of the foregoing petition was served upon the following attorney for the Comrnonwealth of Pennsylvania, by depositing same, First-class Mail, postage prepaid, addressed as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 11 01 So uth F rent Street Harrisburg, PA 17104 Respectfully subrnitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. /p by: David E. Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 10 No.: 43092 -'4 ~ V( ~ .In <'.r{ C>. --u ?=. b +- ~ ~ lrt r ~ ~ t v - r-' c~ c-;:) -"to n <-7. -.:;l c, ;J~ ~~~)~-'.' --l L~L_ __ ~ ::J~c~~~ - v) ".:~;. " '-3. -- ~. ~. - . . ty RECEIVED APR 0 8 ,~~t yJ'" IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY CHRISTOPHER W. VANDENEEDEN vs. No.: LSA 2005 ~ -/PJO CO(L~~ COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER AND NOW, this \ \ ~ day of ~ J,f) e', ( 2005, upon consideration of the attached Appeal and the reasons suppoy.ting same, IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this case is hereby scheduled for the,,7t 7/", day of ~fi/_____ , 2005 at ~: .30' p.m. in Courtroom No. ---L- of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Pursuant to Section 1550 of the Motor Vehicle Code, the Department of ~ransport~tion is hereby Ord~red to ~tay the proe,o,sed one year suspension l\n. til such trme as tl:lIsease can be deci<jle<jl on Its ments~ , Io.{ <lI1\ 'l ,f ;Ls.u pU'~c,dc.>.!;.. " ~~L",J 10, IL,lU::- / / Judge v Distribution: Cumberland County Prothonotary's Office J<Yavid E. Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 ~orge Kabusk, Esquire, Pennsylvania Department of Transportation Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 JfiL~ 77dzP'" y l~i1 ~~.~c ( .-0'::1 ,\_\d- 0'-"'\ ;;;;r-,. ~~; LlJi..L .-' :J:U.J FE U_ o ::'':J... .."," '.::.'..... ,C.< co I.{') ;:::: ~;.,. ~ "J n:: "- "'" .,., ~ = ...... CHRISTOPHER VANDENEEDEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS NO: SA-53-2005 os-- /1'30 COMMONWEALTH OF PENNSYLVANIA: LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Petitioner's License Suspension Appeal filed on the above- captioned matter. Please notify the Department of Transportation of same within a timely manner. Respectfully Submitted, [J~d Ci 7k by: David E. Hershey, Esqui 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 Date: ()bU3~j- CHRISTOPHER VANDENEEDEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS NO: (J5 - / ff30 COMMONWEALTH OF PENNSYLVANIA: LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFICATE OF SERVICE On the i;{~ (d day 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, address as follows: George Kabusk, Esquire PA Dept. Of Transportation Office of Chief Counsel 11 0 1 South Front Street Harrisburg, PA 17104-2516 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. T)JJld E f/UfJ~./;p by: David E. Hershey, Esquir 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 (') c. (-; N - -n :7:: "-> c::..-;, ~:;; o -n ~ -. ,., n1_.~' /--- -Dn-: .~.r)O ()(l. >:~fgl )i-" .':f <-. c::: ......;- N W "'. ~iJ -< CHRISTOPHER W. V ANDENEEDEN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 05-1830 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 24th day of June, 2005, upon consideration of the attached letter from David E. Hershey, Esq., attorney for Petitioner, the hearing previously scheduled for June 20, 2005, is cancelled. BY THE COURT, ~d E. Hershey, Esq. 130 W . Church Street Suite 100 Dillsburg, P A 17109 Attorney for Petitioner J. ~rge Kabusk, Esq. Assistant Counsel Pa. Dept. of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent ) :rc "'"J'.,' '- \ \',~\ ;, f'~t.' . ,. ",~~ 16'<'\ '.''0", . .'~\:.j ~':u; .~~~,::,',-,:.. '; J"-"> ':;",,}/ ., ,('\) ,..~I..)',~1.. 1,'\0.''\\ J .. ."" '\ "c. , 'sA\. :,0 ,j ~' iSIi~ T 06/17/2005 12:42 FAX 7174320426 The Wiley Group 141 001 J~n M. Wiley O<lvid J. Lenox Timothy J. Co-lgan Christopher I, Marzzacco D;lVid L Hershey Bri'idfey A~'Wjn nick Thomas M, Clark Ari f), Wl;;!:il..t.HliiJl THE WILEY GROlJP AttortlCYS ~lt Luw Wiley, Lenox, Colgan & Milfzzacco, P.c:. June 17, 2005' Via Fax (717) 240-6462 The Hononble J. Wesley Oler, Jr. Cumberlan,l County Courthouse One Courthouse Square Carlisle, PI 17013 In re Christopher W. VanDenEeden Appeal Dear Judge Oler: My c'ient is currently scheduled to appear before your Honorable Court on Monday, JUle 20, 2005 at 2:30 p,m, regarding a license sllspension appeal. George Kabusk, ESluire with Pennsylvania DeplirtmentofTransportation contacted my office today, June 17,2005, indicating that PennDOT is correcting my client's driver record. Accordingly my client will no longer need to proceed forward With a hearing on this matter. Could you kindly remove our hearing from your calendar and upon my return to the office, I NilI file the appropriate petition to withdraw appeal with the Prothonotary's Office. I arr presently scheduled to teach aU day today and Monday, otherwise, I would appear in pllrson to request the above-mentioned withdraw. If you haVe any questions, please contlct my assistant, Jeanette. Thank you for your consideration in this matter. Sincerely, twJLci . (',r~~_ll8f~)\ ) ~ David E.HersheYi Esqulire U DEH/jfs ._._-".,...._-~-.-_.,...,..-.~,.'....,."-_.,--,-..--_..,_.~,'--'-'--'--'~'-"'--_.'-"""""-~""~"---.--,...~.-...:-...-_... 130 W. Church Street Suite 100 . Dillsburg, PAI7019 . Phone: (717) 432-9666 . (/lOO) 682-4250 . Fax: (717) 432-0426 Offices in Harrisbu.rg . York. Carbom.Jl:Ile www.wileygrouplaw.com