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Home My WebLink About05-2998 Front & Market Streets Harrisburg, PA 17101 Stephen E. Farina Prothonotary y~OTHON~}> (717) 780-6520 County of Dauphin May 26, 2005 o ~ S; <J' ~ C,: t:: r,',f; :;;.C 3~'(;" - 19';:~::' : ',"> ::r: ;~~ t.~_ :;-'"C.: ~ RE: Edward L. Shearer vs. Commonwealth ofPennsylv~ia~, Department of Transportation Dauphin County No. 2005 CV 1802 LS Curtis R. Long, Prothonotary Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Dear Sir: By Order of the Honorable Lawrence F. Clark, Jr. dated May 25, 2005, the above matter has been transferred to the Court of Common Pleas of Cumberland County. I am, accordingly, sending you all of the original papers herewith. . I will appreciate the return of the attached receipt addressed to the attention of Mrs. Kimberly A. Webb. Very truly yourf\ . . e.... t f-JOAi4rA) Stephen E. Farma Prothonotary ~ ~-n \i'r: ~gt9 (,2,6 __,'" ,l c'j:ll ":1'<: ~ i,,')cn "::::...\ -zr; ,< I O? - d'l tf'? Copies Distributed' Date~lnl~ K~~ IJ~ , ,xi'. EDWARD L. SHEARER, Petitioner . . IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA . . : V. . . . . CIVIL ACTION . LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent . . NO. 2005 CV 1802 LS ORDER ""'T' 1"";", '"'" <:'0- ~.,.10 ~, ~ ",. --<: ," en ',; C":; "", """ =z ~.., ':;':J{l"i AND NOW, this:1. 5th day of May I 2005, upon revie!!' of.? the; '" eJ '~ CJ'J "'~ Appeal of Commercial Motor Vehicle Disqualification filed ~ the Appellant, Edward L. Shearer, the Court makes the following findings: 1. The Appellant, Edward L. Shearer, is a resident at High Street, Carlisle, Cumberland County, Pennsylvania; and 2. The authorizing Pennsylvania statute applicable to this matter is 75 Pa.C.S. ~1550(b)(2). THEREFORE, pursuant to the aforesaid statute, this Court finds that we do NOT have jurisdiction to hear this appeal inasmuch as the Appellant is a resident of Cumberland County, and said statute vest exclusive jurisdiction for such appeals in the Court of Common Pleas of the County of residence of the Appellant. We further find that for the same reason of jurisdiction that only Cumberland County may entertain an application for a supersedes in this matter. f ... T WHEREFORE, pursuant to PA.R.A.P. 751 (a), this appeal is hereby transferred to the Court of Common Pleas of Cumberland County. FURTHER, THE Prothonotary of Dauphin County is hereby directed to immediately effect the transfer of the entire case file to the Prothonotary of Cumberland County, for further proceedings according to law. BY THE COURT: Judge DISTRIBUTION: Beverly J. Points, Esquire, Assistant Counsel, Vehicle & Traffic Law Division, Governor's Office of General Counsel, 1101 South Front Street - 3rd Floor, Harrisburg, PA 17104-2516 Allen D. Moyer, Esquire, 8150 Derry Street, Harrisburg, PA 17111 MAY 2'62005 2 :d;fKWJ cartify that ltw foregoing i6 a 1I~. aM corroct copy f __Ie original ~' !. . ~ ,,It,?'"1I# ~ ,,';..>tU . Prolh ilOtary EDWARD L. SHEARER Petitioner : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : LIC. NO. 18516745 Respondent : VJD5 C'-V 18'02- 1-s, : CIVIL ACTION - EQUITY COMMONWEALTH OF PENNSYLVANIA RULE RETURNABLE AND NOW, this day of , 2005, a RULE is granted upon the Pennsylvania Department of Transportation to Show Cause why the relief sought by the Petitioner should not be granted day of , 2005, at RULE RETURNABLE the o'clock amlpm in the undersigned Judge's Chambers at the Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania. The Respondent shall file a Response to this Petition with days of service and be prepared to present argument to the Court on the RULE RETURNABLE date. The Petitioner and the Respondent or their respective attorneys shall be present at the RULE RETURNABLE hearing. No testimony will be taken unless otherwise indicated in this ORDER. BY THE COURT: J. EDWARD 1. SHEARER Petitioner : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : LIC. NO. 18516745 ~.t: :'> -< I W 1";\: COMMONWEALTH OF PENNSYLVANIA : "L..()Or:;- C-V I 8'0?- W: "'" :z: 'f? Cl Respondent : CIVIL ACTION - EQUITY '--"i -< PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGES AND NOW COMES, Edward 1. Shearer, Petitioner, by his undersigned attorney, and petitions this Honorable Court pursuant to 75 Pa. C.S.A. S 1377 for review of an order of the Pennsylvania Department of Transportation suspending said Petitioner's commercial driver license and in support thereofrepresents as follows: 1. Petitioner is an adult individual residing at High Street, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner currently possesses a commercial driving license issued by the Commonwealth of Pennsylvania 3. By letter dated 14 April 2005, Petitioner was notified in writing by the Pennsylvania Department of Transportation of the entry of an order suspending his privilege to drive a commercial motor vehicle for violation of75 Pa.C.S.A. S 1661 (g). See Exhibit "A". 4. Petitioner believes, and therefore avers, that said Department has inappropriately applied the law. WHEREFORE, Petitioner respectfully requests that this Honorable Court set this matter L ~"', , ".,' ' ,.".Si::; >, , pee loW sa N down forthwith for hearing de novo in accordance with 75 Pa. C.S.A. ~ 1377 and that the Order of the Department of Transportation be set aside Respectfully submitted, Date: 05.02.04 . JACOBSON Allen D. Moyer ill 81846 Attorney for the Petitioner 8150 Derry Street Harrisburg,PA 17111.5260 717.909.5858 717.909.7788 (fax] COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of D~iyc~ Liccn~in9 Harrisburg, PA 17123 APRIL 14. 2005 EDWARD LEE SHEARER HIGH STRn:T POBOX 416 CARLISLE PA 11013 WID t 050171283637012 001 PROCESSING DATE 04/07/2005 DRIVER LICENSE. 18516745 DATE OF BIRTH 05/12/1951 Dear Motorist: .._------ ---------.-. --------~._----_.-._._-_.-.-_..._._--~ As a result of your conviction on 04/06/2005 of violating Section 3362 of the Vehicle Code, EXtEEDING MAXIMUM. SPEED on 03/09.12005 '. your privilege to drive a co~~.rci~l ~otor vehicle is being disqualified for a period of 60 DAY(S) a" mandated by Secti..n 16116 of the Vehicle Code. The effective date of disqualification is 05/19/2005, 12:01 s.m.. In order to co~ply.with this sanction YOU are required to return any current driver's license. learner'. permit and/or te~porary 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 ~ubnrit " FH '41..1: Form or ::to "worn =-ffidAvit .st;:\ting th~t You are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in. tiiIs-Tur-eau referrlng -t),.sm-':iTte-"-ti>-.tlie'--/,,€nnsYTVli'nia--H state Police for prosecution under SECTION l571(a)(4) of the V"hiel.. Cod... 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 productts), th@ DLl'LC ~Drm. O~ a lAtt~r aeknawlod9inQ ~our sanction is received in this Bureau. WHEN THE DEPARTMENT RECE IVES ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIVE THIS RECEIPT WITHIN 15 DAYS IMMEDIATELV. OTHERWISE, YOU WILL NOT SERVING THIS SANCTION. YOUR LIe!:H!;!: U~ RECEIPT. IF YOU DO NOT CONTACT. THE DEPARTMENT 6E GIVEN CREDIT TOWARD 050979283837092 PI(!ase S"e the enclosed application for restoration fee information. While your commercial driving privilege is disqOalified, the Vehicle COile permits a driver to obtain a noncommercial Class C or H license, if the driv(!r possesses the motorcycle qualification, to drive "uncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructAd and roturn it to the D~pertment. '. ,,-.,.---.-.------ -.,........~-,._---~._~.. ----.----- Please be aWare that if YOU elect to obtain this noncommerc1al ClassC 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 lhe right to appeal the Department's action to the Court of Common Pleas (Civil DiviSion) within 30 days of the mail dAtI> (APRIL 14. 2005) of th12 Motice. You mu~l still send in Your license before the effective date of disqualification unless you apPea~ in Person before 'a Judo~ and receive an order permitting yOU to continue to drive. PLEASE NOTE that this Civil Appeal is in ae/dition to any apoedl you have to file from the c~iminal conviction. AFTER THE APPEAL HAS BEEN FIL.ED :IN THE COUNTY COURT, A TtME-STAMPED C,ERTXFlED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO.t. .__._,__.__'._..-._.____.__ PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFIce OF CHIEF COUNSEL , THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG. PA. 17lQ4 SincerelY, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing EDWARD 1. SHEARER Petitioner : IN THE COURT OF COMMON PLEAS : DAUPIDN COUNTY, PENNSYL VANIA v. : LIe. NO. 18516745 COMMONWEALTH OF PENNSYLVANIA Respondent :CI~LACTION-EQillTY VERIFICATION I, Allen D. Moyer, attorney at law, verify that I am authorize to make this Verification for the Petitioner. I further verify that the statements made in this Petition for Review of Order of Department of Transportation Suspending Operating Privileges are true and correct to the best of my knowledge and belief. I understand that the statements herein made are subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. THE LA W OFFICES OF LES Allen D. Moyer ill 81846 Attorney for the Petitioner 8150 Derry Street Harrisburg, P A I71 I 1.5260 717.909.5858 717.909.7788 [fax] ..... 'MAGED EDWARD L. SHEARER Petitioner : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : LIC. NO. 18516745 COMMONWEALTH OF PENNSYLVANIA : NO.: 2005-CV-1802-LS "-' c,"';) "'::::;;J C'~'l ::1: Respondent : CIVIL ACTION - EQUITY I .(.;..' PRAECIPE TO ADD ::-:.,.. To the Prothonotary: '!? o w ~ Please add the attached Certificate of Service to the above captioned case. Thank you. By: Allen D. Moyer ID # 81846 Attorney for Petitioner 8150 Derry Street Harrisburg, PA 17111.5260 717.909.5858 717.909.7788 [fax] . EDWARD L. SHEARER Petitioner : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. : LIe. NO. 18516745 ;~~ {::;:::! <_n COMMONWEALTH OF PENNSYLVANIA ......~ : NO.: 2005-CV-1802-LS Respondent : CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE 'P. o w AND NOW, this 3,d day of May, 2005, I, Allen D. Moyer, attorney for Petitioner, Edward L. Shearer, hereby certify that on this day I served the within Petition/or Review o/Order o/Department o/Transportation Suspending Operating Privileges upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, by certified mail, return receipt requested, as ordered by the Court: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA /7104.2516 LAW OFFICES OF LESLIE D. JACOBSON By. Allen D. Moyer ID # 81846 Attorney for the Petitioner 8150 Derry Street Harrisburg, P A /7111.5260 717.909.5858 717.909.7788 [fax] 0-\ \: '-:\ C". \).. , ~ ~ '^' l "- ~ '"\ ~ ,. ~~, ~~ '\<..~ <::.... l ~ ,.., 0 <=> <e, -n .-\ '~J\;U <- :r;.,., nl' ~i ;~ .' .. ;;' - "'~ tn 0 ~?~ ) ~"'- r- .." :~~ "*. $~> :Jt. ':;:'''c': ~ -7 .....'='" "2 ,;;- ~'" "" .-<; ~"O " I:) ;,.. e:, ('> ~. "t> .s:. b .....; ~ ~ 'Il. C. IA ~ + ) ,'l.... ~ c..o ;;- - ~ -- '-.J ~ -- 5 RECEIVED AUG 18 2005~ EDWARD L. SHEARER Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : LIC. NO. 18516745 COMMONWEALTH OF PENNSYLVANIA : NO.: 05-2998-CIVIL Respondent : CIVIL ACTION - EQUITY ORDER FOR HEARING AND NOW, this tJ. 9-ti day of l1u& &7 , 2005, on consideration of the application of Edward L. Shearer, Petitioner, for review of order of the Department of Transportation suspending Petitioner's commercial driver's license, a hearing de novo is granted to determine whether the action of the Department of State in suspending Petitioner's CDL should be set aside. Hearing on the above matter is fixed for the :s It~y of Oc.:~ j l/C. , 2005, at /0 ~ ex;) ...it. m. in Courtroom"","" ,located at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013.3387. Petitioner is directed to serve a notice of this appeal and copies of the Petition for review and Order for Hearing on the Department of Transportation at the address shown in the Department's Notice of Entry of Order, by certified mail, return recei BY J. ~i ,.., ~\ ~/ ~ ~ t b ~ S I :2 !Jd 62 Sfi~ SDUZ cSc AClVlONOH.lOdd 3Hl .:10 ( 38I:1:10-C/318 Y :'-',:'~;"'~nJ EDWARD L. SHEARER Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : LIC. NO. 18516745 COMMONWEALTH OF PENNSYL VANIA : NO.: 05-2998-CIVIL Respondent : CIVIL ACTION- EQUITY CERTIFICATE OF SERVICE AND NOW, this 7th day of September, 2005, I, Allen D. Moyer, attorney for Petitioner, Edward L. Shearer, hereby certify that on this day I served the within Petitionfor Review of Order of Department of Transportation Suspending Operating Privileges and Order for Hearing upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, by certified mail, return receipt requested, as ordered by the Court: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104.2516 LAW OFFICES OF LESLIE D. J COBSON By: Allen D. Moyer' ill # 81846 Attorney for the Petitioner 8150 Derry Street Harrisburg, P A 17111.5260 717.909.5858 717.909.7788 [fax] ,-.> ~:::::''' S:~~j <./") C:;~\ I c.::) "'"";) -'-~ ~' '.; 01 (.,0 EDWARD L. SHEARER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA : NO. 2005 - 2998 CIVIL TERM ORDER OF COURT AND NOW, this 27TH day of SEPTEMBER, 2005, the hearing on the above captioned matter scheduled for October 3, 2005, at 10:00 a.m. has been rescheduled for MONDAY, OCTOBER 24, 2005, at 8:30 a.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. Allen D. Moyer, Esquire For the Petitioner George Kabusk, Esquire For the Commonwealth . ~ q,;;y.of ~ q.. :sld ..J',/r) 01 : 11l1~ 6Z d3S SOOl AU\"ll"'.." .J'" ~lll "0 0'.... ,.,i;'\UI-JJ..\)::':O ;jr" :J 3~!!J.-IO-CEJlI:I EDWARD L. SHEARER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2005-2998 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES ORDER OF COURT AND NOW, this 24th day of October, 2005, at the request of the Defendant, the appeal is dismissed and the action of the Department is reinstated. J. ~en D. Moyer, Esquire 8150 Derry Street Harrisburg, PA 17111 For Petitioner ~rge Kabusk, Esquire Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office 1101 South Front STreet Harrisburg, PA 17104 For Respondent ~ Center :mlc , ~ ~ , ,- iL