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HomeMy WebLinkAbout05-3911 DANIEL D. YEAKLEY, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA v. NO. OS; -.39// C/~~L<-r-~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE DISQUALIFICATION APPEAL AND NOW, comes Daniel D. Yeakley, hereinafter Petitioner, by and through his attorneys Mancke, Wagner & Spreha, who respectfully represent: 1. Petitioner is an adult individual residing at 472 Mountainview Road, Shippensburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a Notice of Disqualification dated Juiy 22, 2005 indicating that his commercial driving privilege is disqualified for a period of 6 months as a result of a conviction of 75 Pa.C.SA 91606 (a). (See Exhibit A). 4. Petitioner believes such disqualification is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner has a summary appeal pending for the underlying offense before the Court of Common Pleas in Franklin County. WHEREFORE, Petitioner respectfully requests this Honorable Court to schedule a hearing to determine the propriety of the disqualification outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA Edward F. SR e ,Jr., Attorney ID No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: July 27,2005 VERI FICA TION I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 7-;){.-OS"' Date p~ D. ry COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JULY 22, 2005 SHIPPENSBuRG PA 17257 WID i 051969283366637 001 PROCESSING DATE 07/15/2005 DRIVER LICENSE i 25673251 DATE OF BIRTH 06/04/1981 DANIEL D YEAKLEV 472 MOUNTAINVIEW RD Dear Motorist: As a result of your conviction on 07/14/2005 of violating Section 1606A of the Vehicle Code, DRIVING CMV WITHOUT CDL on 07/04/2005 your privilege to drive a commercial motor vehicle is being disqualified for a period of 6 MONTH(S) as mandated by Section 1611F of the Vehicle Code. The effective date of disqualification is 08/26/2005, 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 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 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Cl"edit will not begin until all current driver's license product(s), the DL16LC Form. or a letter acknowledging your sanction is received in this Bureau, WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, \~E WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELV. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. . EXHIBIT I ~ ~ ~ A ~ 1$ ~ ;t 051969283366637 Please see the enclosed application for restoration fee information. While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if YOU elect to obtain this noncommercial Class C or M license. YOU are still prohibited from operating a commercial motor vehicle. If you do so, you are subject to <ldditional penalties, including possible lifetime disqualification of your commercial driving privilege. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JULY 22, 2005) of this notice. You must still send in your license before the effective date of disqualification unless you appear in person before a Judge and receive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN TIME-STAMPED CERTIFIED COPY CERTIFIED MAIL TO: FILED IN THE COUNTY COURT, A OF THE APPEAL MUST BE SENT BY PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 SincerelY, i;)re~ Janet L. Dolan, Acting Director Bureau of Driver Licensing 051969283366637 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 TOO OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 (.J ~ ~ "fJ \r1 () 7' \:\. ~~-, \':- V\ -3-..,- . i \ ....~- vt ~,~, \ Q -- -- tv ~ -cJ -'"' ~ .c:. - .- -.Q ..c. p- r:: S- -0 ( ,,) ""'u i-: /- ('.' r DANIEL D. YEAKLEY, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Dr - 39/( CL~(L ~~) COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent AE'PLlCA rlOH FOR SUPERSEDEAS AND NOW, comes Daniel d. Yeakley, hereinafter Petitioner, by and through his attorneys Mancke, Wagner & Spreha, who respectfully represent: 1. The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, intends to disqualify the Petitioner's privilege to drive a commercial motor vehicle for a period of 6 months, beginning August 26,2005, pursuant to 75 Pa. C. S. A. S1611 (n. See Exhibit A. 2. Petitioner has filed a License Disqualification Appeal with the Court of Common Pleas, Cumberland County, and is awaiting a hearing on that appeal. 3. Pursuant to 75 Pa. C. S. A. S1550 (b)(2): "In the case of a disqualification of the commercial operating privilege, the driver may petition to the Court of Common Pleas of his county of residence, which Court may grant a supersedeas ex parte upon a showing of reasonable likelihood of successful prosecution of the appeal." 4. Petitioner Daniel D. Yeakley, is an adult individual residing at 472 Mountainview Road, Shippensburg, Cumberland County, Pennsylvania. 5. Petitioner has a summary appeal pending before the Court of Common Pleas Franklin County for the offense leading to this disqualification. 6. Unless this Court grants his application, Petitioner Yeakley will suffer irreparable injury while waiting for the Court of Common Pleas, Cumberland County, to rule on his License Disqualification Appeal since his driving privileges to operate a commercial motor vehicle would be disqualified. Petitioner Yeakley is employed as a commercial driver and such disqualification would cause his unemployment for a period of 6 months causing substantial and irreparable harm. 7. The issuance of the supersedeas will not adversely affect the public interest since the Department of Transportation can reimpose the license disqualification if the appeal is denied. WHEREFORE, Petitioner Daniel D. Yeakley, prays this Honorable Court enter a supersedeas of the license disqualification notice outlined in Exhibit A during the pendency of his license disquaiification appeal. Respectfully submitted, MANCKE, WAGNER & SPREHA Dated: July 27,2005 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JULY 22, 2005 SHIPPENSBURG PA 17257 WID. 051969283366637 001 PROCESSING DATE 07/15/2005 DRIVER LICENSE * 25673251 DATE OF BIRTH 06/04/1981 DANIEL D YEAKLEY 472 MOUNTAINVIEW RD < Dear Motorist: As a result of your conviction on 07/14/2005 of violating Section 1606A of the Vehicle Code, DRIVING CMV WITHOUT CDL on 07/04/2005 your privilege to drive a commercial motor vehicle is being disqualified for a period of 6 MONTH(S) as mandated by Section 1611F of the Vehicle Code. The effective date of disqualification is 08/26/2005, 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 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 1571(a)(4) of the Vehicle Code. Although the law mandates that Your driving privilege is under suspension even if you do not surrender your license, Cf"edit will not begin until all current driver's license productls), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECIO I VE S YOUR LI CENSE 0 R ACKNOWLEDGEMENT, \~E 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. . ~ ~ ~ '" .:, ~ <: EXHIBIT It 051969283366637 Please see th,e enclosed application for restoration fee in form,ation. While your commercial driving privilege is disqualified, the Vehicle Code permits, a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if YOU elect to obtain this noncommercial Class C 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 the right, to appeal the Department' s action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JULY 22, 2005) of this notice. You must still send in your license before the effective date of disqualification unless YOU appear in person before a Judge and receive an order permitting yoU to continue to drive. Pl.EASE NOTE that this Civil Appeal is in addition to any appeal YOU have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAl. MUST BE SENT BY CERTIFIED MAIl. TO: PENNSYl.VANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEl. THIRD Fl.OOR. RIVERFRONT OFFICE CENTER HARRISBURG, PA, 17104 SincerelY, j)K~ Janet L. Dolan, Acting Director Bureau of Driver Licensing 051969285566657 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TOO OUT-OF-STATE AM TO 8:00 PM) 1-800-952-4600 717-391-6190 1-800-228-0676 717-591-6191 DANIEL D. YEAKLEY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRlVER LICENSING, Respondent NO. 05-3911 CIVIL TERM ORDER OF COURT AND NOW, this sth day of August, 2005, upon consideration of Petitioner's Application of Supersedeas, a Rule is hereby issued upon Respondent to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, tAdward F. Spreha, Jr., Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner ~ George Kabusk, Esq. Office of Chief Counsel vffepartment of Transportation 1101 South Front Street Third Floor Harrisburg, PA 17104-2516 Attorney for Respondent ~ J. :rc 20 -, " .t~, ('. ":::1- ~.: cnn7 .. ,.)\,;\H.. v .- DANIEL D, YEAKLEY, PETITIONER IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYL VANIA v, No, 2005-3911, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE DISQUALIFICATION APPEAL DEPARTMENT OF TRANSPORTATION'S RESPONSE TO RULE TO SHOW CAUSE AND NOW comes the Department of Transportation (hereinafter referred to as "Department") by and through its attorney, George H. Kabusk, Assistant Counsel, and hereby responds to the Order of Court dated August 5, 2005, as follows: I. The Department of Transportation notified the petitioner by notice dated July 22,2005, that as a result of his conviction on July 14, 2005, of a violation of Section 1606(a) of the Vehicle Code, related to Driving Commercial Motor Vetlicle Without Commercial Driver's License, on July 4,2005, his privilege to drive a commercial motor vehicle was being disqualified pursuant to Section 1611(f) of the Vehicle Code for a period of 6 months effective August 26, 2005. See Exhibit munber 1. 2. On August I, 2005, the petitioner filed an Application for Supersedeas. 3. On August 5, 2005, an Order was issued upon the Deparllment to show cause why the petitioner is not entitled to the requested relief. 4. Section 1550 of the Vehicle Code provides for judicial mview of an operating privilege disqualification. 75 Pa.C.S. ~ 1550. 5. The petitioner is entitled to a de novo hearing pursuant to Section 1550 of the Vehicle Code upon the timely appeal of his disqualification to operate a commercial motor vehicle. 6. In an appeal of a disqualification, the petitioner may petition the Court of Common Pleas for a supersedeas and the Court may grant a supersedeas ex parte upon a showing of reasonable likelihood of successful prosecution ofthe appeal. 75 Pa.S.C. ~ 1550. 7. The petitioner in his Application for Supersedeas states that he has filed a License Disqualification Appeal but the petitioner has filed only an "Application for Supersedeas" and not "License Disqualification Appeal." 8. In order for the Court to have jurisdiction in this matter tile petitioner must have properly perfected a timely appeal of the notice of disqualification. See 75 Pa.C.S. ~ 1550; 42 Pa.C.S. ~ 933. Wherefore, the Department respectfully requests that the appeal be quashed for lack of jurisdiction because the petitioner has not filed and perfected an appeal of the disqualification at issue. Respectfully submitted, G!~{~IL Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 Dated: August 16, 2005 DL-326 (9/95) CERTIFICATION . DATE: August 12, 2005 I hereby certify that Janet L. Dolan, Acting Director of the Bureau of Driver licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver license records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. ~-f).~ ALLEN D. BIEHLEI'~, SECRETARY OF TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official notice of disqualification dated & mailed 7/22/05, effective 8/26/05; 2) Application for noncommercial class C or M driver's license as authorized by Section 1617 of the Vehicle Code; 3) Record of conviction detail received by the Department electronically from the District Court No., 39305, for Citation No. M0620952, date of violation 7/04/05, date of conviction 7/14/05; and 4) Driving Record, seal attached which appears in the file of tlhe DefendantDANI EL D. YEAKLEY, Operator's No. 25673251, date of birth 6/04/81, in the Bumau of Driver Licensing, Harrisburg, Pennsylvania. CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. ~~6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. (~ JJ~w SEAL JANET L. DOLAN, ACTING DIRECTOR BUREAU OF DRIVER LICENSING COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATI~~ Bureau of Driver Licensing Harrisburg, PA 17123 JULY 22, 2005 SHIPPENSBURG PA 17257 WID # 051969283366637 001 PROCESSING DATE 07/15/2005 DRIVER LICENSE # 25673251 DATE OF BIRTH 06/04/1981 DANIEL D YEAKLEY 472 MOUNTAINVIEW RD Dear Motorist: As a result of your conviction on 07/H/2005 of violat- ing Section l606A of the Vehicle Code, DRIVING CMV WITHOUT CDL on 07/04/2005 , your privilege to drive a commercial motor vehicle is being disqualified for a period of 6 MONTH(S) as mandated by Section l611F of the Vehicle Code. The effective date of disqualification is 08/26/2005, 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 to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the PEmnsylvania State Police for prosecution under SECTION l57l(a) (4) of the Ve- hicle 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 product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARUqENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOlvARD SERVING THIS SANCTION. Please see the enclosed application for restoration fee in- formation. --#----( 051969283366637 While your commercial driving privilege is disqualified, the Vehicle Code permits a driver to obtain a noncommercial Class C or M license, if the driver possesses the motorcycle qualification, to drive noncommercial motor vehicles. If you wish to obtain this license, please complete the enclosed application as instructed and return it to the Department. Please be aware that if you elect to obtain this noncommer- cial Class C 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 the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JULY 22, 2005) of this notice. You must still send in your license before the effective date of disquali- fication unless you appear in person before a Judge and re- ceive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA, 17104 Sincerely, ~D< lJ,.e fVJr/ Janet L. Dolan, Acting 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 INFOR/1ATION (7: 00 IN ST!~TE OUT-OI'-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 8:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 051969283366637 APPLICATION FOR NONCOMMERCIAL CLASS C OR M DRIVER LICENSE AS AUTHORIZED BY SECTION 1617 OF THE: VEHICLE CODE DRIVER NUMBER NAME TELEPHONENUMBER 25673251 DANIEL D YEAKLEY DATE OF BIRTH HEIGHT SOCIAL SECURITYNUMBER SEX EYE COLOR LICENSE CLASS 06/04/1981 601 164620807 M BL C INSTRUCTIONS 1. Verify your name, and other identification data printed above. Note all corrections in the appropriate box 2. Enter the missing data in the space provided above for: Telephone number 3. Take this form to a Notary to have your signature notarized. 4. Include a $10.00check or money order payable to PENNDOTfor the Duplicate Fee. 5. Return completed notarized application to the address listed below. IMPORTANT INFORMATION 1. The Bureau will process your application and issue your new noncommercial license camera card. 2. The camera card will be mailed to you. The camera card is a temporary Driver License valid for 60 days 3. You must appear at a local photo center within 60 days of issuanc:e of the camera card to have your photd taken. A second form of acceptable ID is required at the photo c:enter. 4. Note that your telephone number will be used only in the event of a problem with your application. NOTICE YOU ARE STILL PROHIBITEDFROM OPERATINGA COMMERCIALMOTOR VEHICLE AND/OR A NON-COMMERCIALCLASSA OR B MOTOR VEHICLE If you do so, you are subject to additional penalties, including possible lifetime disqualification of your commercial driving privilege. Your election to obtain this noncommercial license under Section 1617 does no change your DISQUALIFIED status. NOTARIZATION SUBSCRIBED AND SWORN TO BEFORE ME: MO. DAY YEAR SIGNATURE OF PERSON ADMIN- ISTERING OATH: SIGN IN PRESENCE OF NOTARY S E A L MAIL TO: PA Department of Transportation Bureau of Driver licensing P.O. Box 68693 Harrisburg, PA 17106-8693 APPLICANT SIGNATURE WARNING: Misstatement of fact is a misdemeanor of the third degree punishable by a fine of up to $2,500 andlor imprisonment of up to 1 year. (18 Pa. C.S. Section 4904{b}}. I certify und,~r penalty of law that all information given on this form is true and correct. Applicant's signature in Ink +~ C7203800 3DL03802 conviction Detail Screen 1 of 2 PDT05148 08/12/05 WID No Name Check Digits 1st Line Address: 2nd Line Address: City/State/Zip Date of Birth Operator Number Social Security District Number Citation Number Docket Number Fine Amount OWed section Violated: Susp Auth Code Speed Limit Speed Traveled section Descript: 15-RETURN 20-NEXT 05196 9283 366637 001 YEAKLEY DANIEL D 00472 MOUNTAINVIEW RD SHIPPENSBURG PA 17257 06/05/81 1 Oper Lic State PA 25673251 Sex/Race M Violation Date 07/04/05 2 39305 Filing Date 07/07/05 2 M0620952 Issue Date 07/04/05 2 TROOO080705 Defendant Plea GP 100.00 Conviction Date 07/14/05 2 180.50 Response Date 0 1606A Disposition GP Charge Seq No 001 Transmittal Date 07/15/05 2 TRANSMITTAL TIME 060007 RQRMT FOR COMM'L DRIVERS LIC 23-NXT-ONREC 'ftJ C7203800 3DL03803 Conviction Detail CUstomer Number Customer Name Comm Vehicle Ind HAZMAT Ind CDL Holder Vehicle Registration No REGISTRATION YEAR Registration State: Vehicle Type Same as Defendant Defendant Signed AOPC Send Date Accident Rpt No 20-NEXT 25673251 YEAKLEY Y N Y KENWORTH AE47274 06 PA DS y 07/15/05 2 22-1ST-INREC Screen 2 of 2 DANIEL Offense place Offense Time Arrest Agency Officer ID County Boro/Twp Route Title Update Indicator: Susp/Rest Ind Work Zone Ind PDT05148 08/12/05 D N/B WEIGH STAT 0000 PAPSP3100 SP402720 28 201 SR81 75 15-RETURN COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG. PENNSYLVANt.'.17123 Date: January 20, 2004 CERTIFICATION STATEMENT ~.~ W In compliance with your request, I hereby certify that I have caused a search to be made of the files of the Dopartment of Transportation, and herewith isa true record in the name of: DANIEL D. YEAKLEY, 472 MOUINTAINVIEW ROAD, SHIPPENSBURG, PA 17257 OPERATOR NO.: 25673251 Date of Birth: 6104/81 CLASS OF LICENSE: TITLE NO.: PURPOSE OF REQUEST: Legal (R=INSURANCE. C=CREDllr. E=EMPLOYMENT. L=LEGAL, M=OTHER) D'" SECTION ""LA_ ACTION TAlG.N BY OEPARTUENT V1OLATION 6/08/89 3361 Too fast for conditions Point le~:er mailed 5/15/02 3362 Maximum speed limits Point le~ler mailed. 7104/05 160SA Driving CMV without CDL Official notice of suspension dated & mailed 6/22105, effective 8/26/05, for six months. Appeal taken, not restored, no supersedeas, 14 Day Rule. In com~lanee with your request, I hereby cenny that I have caused a search to be made of the fifes ( the DepartlTlent of Transportation, and herewfth Is a true record In the name ( the subjeCt listed above. ~ tJ~W ACTING DIRECTOR. BUREAU OF DRIVER LICENSING Information requested by: tv DATE: January 20, 2004 COMMONWEALTH OF PENNSYLVANIA ss: I hereby certify that Janet L. Oolan, Acting Director of the Bureau of Driver Licensing of the Penns~vanla Department of Transportation, Is the legal custodian of the DrIver License records of the Pennsytvanla Department of Transportation. As the Director of the aforesaid Bureau, !;:he has legal custody of the original or microfilm records \\'hlch are reproduced In the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HANO AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID t~LJ.~ SEAL SECRETARY OF TRANSPORTATION jLf COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSpORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PENNSYLVANIA 17123 Date; January 20, 2004 CERTIFICATION STATEMENT ~..~ w In compliance with your request, I hereby certify that I have caused a search to be made of the files of the Department of Transportation, and herewith is a true record in the name of: DANIEL D. YEAKLEY, 472 MOUINTAINVIEW ROAD, SHIPPENSBURG, PA 17257 OPERATOR NO.: 25673251 Date of BIrth: 6104/81 CLASS OF LICENSE: TITLE NO.: PURPOSE OF REQUEST: Legal (R=INSURANCE. C=CREDIT. E=EMPLOYMENT. L=LEGAL. M=OTHER) DATE SECTION VIOLATION ACTION TAKEN BY DEPARTMENT IIOOlATOON 6/08/89 3361 Too fast for conditions Point letler mailed 5/15/02 3362 Maximum speed limits Point letler mailed. 7104/05 1606A Driving CMV without CDL Official l'lotice of suspension dated & mailed 6/22/05, effective 8/26/05, for six months. Appeal taken, not restored, no supersedeas, 14 Day Rule. In cornplianc:e with your request, I hereby certify that I have caused a search to be made of the files of the Department of Transportation, and herewith IS a true record in the name c the subject hsted above. ~ Jj~W ACTING DIRECTOR, BUREAU OF DRIVER LICENSING Information requested by: tv DATE: January 20,2004 COMMONWEALTH OF PENNSYLVANIA ss: I hereby certify that Janet L. Dolan, Acting Director of the Bureau of Oliver Ucenslng of the Pennsylva nla Department of Transportation, is the legal custodian of the DrIver License records of the PeMsylvanla Department of Transportation. As the DIrector of the aforesaid Bureau, she has legal custody of the original or microfilm Il!COrds which are reproduced In the attached certification. IN TESTIMONY WHEREOF. I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS OEPARTMENT THE OA Y ANO YEAR AFORESAID t~LJ.~ SEAL SECRETARY OF TRANSPORTATION PAGE 1 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY AUG 12 2005 JRIVER: DANIEL D YEAKLEY 472 MOUNTA:INVIEW RD SHIPPENSBURG, PA 17257 DRIVER LICENSE NO DATE OF BIRTH SEX RECORII TYPE 25673251 JON 04 1981 MALE REG LICENSE DRIVER LICENSE (DL) COMME:RCIAL DRIVER LICENSE (CDL) ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LICENSE CLASS LICENSE ISSUE DATE: JUL 05 2005 LICENSE EXPIRES ORIG ISSUE DATE AUG 12 1997 MED RESTRICTIONS NONE LEARNER PERMITS LICENSE STATUS CDL LICENSE CLASS A* CDL LICENSE ISSUED : JUL 05 2005 CDL LICENSE EXPIRES: JON 05 2009 CDL ENDORSEMENTS N CDL RI~STRICTIONS NONE CDL L}~ARNER PERMITS: CDL LltCENSE STATUS PENDING DISQ SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LI(~NSE CLASS PL LI(~NSE ORIG ISS: PL LICENSE ISSUED PL LI(~NSE EXPIRES : PI.. LI(~NSE STATUS OCCU~~TIONAL LIMITED LICENSE (OLL} OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** CONTINUED *** PAGE 2 CERTIFIED DRIVING HISTORY - AUG 12 2005 - LICENSE NUMBER 25673251 CONTINUED - ~ - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ITIOLATION DATE: ITIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JUN 08 1999 VEHICLE CODE: 3361 TOO FAST FOR CONDITIONS JUN 22 1999 ASSIGNED POINTS MAY 15 2002 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 070 MPH IN A 055 MPH ZONE MAY 20 2002 ASSIGNED POINTS JUL 04 2005 VEHICLE CODE: 1606A DRIVING CMV WITHOUT CDL JUL 14 2005 DISQUALIFICATION FOR 6 MONTH{S) EFFECTIVE AUG 26 2005 OFFICIAL NOTICE MAILED JUL 22 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - AUG 12 2005 - LICENSE NUMBER 25673251 CONTINUED - - - - - - - - . - - . - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REPORT OF ACCIDENTS AND DEPARTMENT1!.!. ACTIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !!tOTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERJl,TING REPORT DO NOT INDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS INDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON rHE DATE LISTED. ACCIDENT DATE: LOCATION: ITEHICLE TYPE: JON 08 1999 CUMBERLAND CTY TRUCK *** END OF RECORD *** PAGE 4 CERTIFIED DRIVING HISTORY - AUG 12 2005 - LICENElE NUMBER 25673251 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I H8REBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FOR1~H ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF TH8 PERSON INDICATED. SINCERELY, ~ 1J~~ SEAL ACTING DIRECTOR, BURl~AU OF DRIVER LICENSING FOR SECRETARY OF TRlUlSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:AUG 12 2005 I HEREBY CERTIFY THAT JANET L. DOLAN, AC':rING DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHl~ HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SE~l' MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORJ~SAID. SINCERELY, c1J?hk f). ~~~ SECRETARY OF TRANSPORTATION SEAL DANIEL D. YEAKLEY, PETITIONER IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2005-:3911, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE DISQUALIFICATION APPEAL VERIFICATION I verilY that the statements made in the Response to Rille are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Ot .~~( ~~abusk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: August 16,2005 DANIEL D. YEAKLEY, PETITIONER IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2005-,3911, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE DISQUALIFICATION APPEAL CERTIFICATE OF SERVIC]~ I hereby certifY that I am this day serving a copy of the Response to Rule to Show Cause upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressc:d to: Edward F. Spreah, Jr., Esquire 2233 North Front Street Harrisburg, P A 17110 91.. . ltMJc ~cabusk Assistant Counsel Department of Transportation Riverfront Office Center 110 1 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: August 16, 2005 .-u ~ - ! to,. >:' I (r' r". ''':-: ~.c=~ );:0- ~~_-; n ,~~ ...., c;::::> c,;;;",) <.M :;po C.: CO) ~ -I ~F1 "8 ,- ~...., '- '.' I 1""-1c? -T, __;'"! ~"".2 (.~) '':'-In ~":!I 35 .< C1' -ry ~- -."... '::' :.< .Iy ~ECEIVED AUG 0 3 ZG~5 Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA NO. OS' - 391/ c.iUlL~~ DANIEL D. YEAKLEY, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this:1li day of ----'J v 0' ' 2005, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the :/7 ~c1ay of ~.u.-u , 2005, at I'. ~ o'clock in Courtroom ~, Cumberland County Courthouse. , Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. i~ J. Distribution: hard F. Spreha, Jr., Esq., 2233 N. Front Street, Harrisburg, I~A 17110 ,;A"ennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 ~*~ ~!)Ioj AV \~?'~ ~~JJ ~,\~ o ,~, >', \/:1'\)<//\;1\ 2~,!rr:l,:,f UNI'.". '-,' ",",C.. '^'n..... , I-lil,'.' "-:/"1 V 6 11 :2 Hd L I :JOV SnOl ^'-"I'O\'V~"j'-'-":d :JHl-'O u\'.l I' t ...u........, ..,l 3JI;u()-(13l1:l DANIEL D. YEAKLEY, PETITIONER IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2005-3911, CIVIL COMMONWEALTH OF PENNSYL VANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE DISQUALIFICATION APPEAL DEPARTMENT OF TRANSPORTATION'S RESPONSE TO RULE TO SHOW CAUSE AND NOW comes the Department of Transportation (hereinafter referred to as "Department") by and through its attorney, George H. Kabusk, Assistant Counsel, and hereby makes an additional response to the Order of Court dated August 5, 2005, as follows: I. The Department of Transportation notified the petitioner by notice dated July 22,2005, that as a result of his conviction on July 14, 2005, of a violation of Section 1606(a) of the Vehicle Code, related to Driving Commercial Motor Vehicle Without Commercial Driver's License, on July 4,2005, his privilege to drive a commercial motor vehicle was being disqualified pursuant to Section 1611(f) of the Vehicle Code for a period of 6 months effective August 26, 2005. See Exhibit number I. 2. On August 1, 2005, the petitioner filed an Application for Supersedeas. 3. On August 5, 2005, an Order was issued upon the Department to Show Cause why the petitioner is not entitled to the requested relief. 4. The Department responded to the rule to Show Cause by moving to quash appeal because petitioner had filed only an Application for Supersedeas and not a License Disqualification Appeal. 5. The Department filed that response because (I) the undersigned checked with the Prothonotary and the Prothonotary reported that only the Application for Supersedeas had been filed in the matter and (2) the Department had not been served with a copy ofthe License Disqualification Appeal. 6. The petitioner has provided the Department with a copy of a License Disqualification Appeal that indicates the matter was clocked in with the Prothonotary on August I, 2005, the same date the Application for Supersedeas was filed. 7. Section 1550 of the Vehicle Code provides for judicial review of an operating privilege disqualification. 75 Pa.C.S. ~ 1550. 8. The petitioner is entitled to a de novo hearing pursuant to Section 1550 of the Vehicle Code upon the timely appeal of his disqualification to operate a commercial motor vehicle. 9. In an appeal of a disqualification, the petitioner may petition the Court of Common Pleas for a supersedeas and the Court may grant a supersedeas ex parte upon a showing of reasonable likelihood of successful prosecution ofthe appeal. 75 Pa.S.C. ~ 1550. 10. The petitioner in his Application for Supersedeas states that he has filed an appeal of the underlying matter which resulted in the License Disqualification at issue. Wherefore, the Department has no objection to the granting of a supersedeas in this matter. Respectfully submitted, A.l~~ George H. ~USk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 Dated: August 19,2005 DANIEL D. YEAKLEY, PETITIONER IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2005-3911, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE DISQUALIFICATION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Response to Rule to Show Cause upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Edward F. Spreah, Jr., Esquire 2233 North Front Street Harrisburg, PA 17110 ~r I/J..J:=- George H. abusk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: August 19,2005 .~ DANIEL D. YEAKLEY, PETITIONER IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYL VANIA v. No. 2005-3911, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE DISQUALIFICATION APPEAL VERIFICATION I verifY that the statements made in the Response to Rule are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ty. (Cck/c George H. Kabusk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: August 19, 2005 .-' ~ 4-" e <.-- ct> -- ..p :r': ';!:- -- -- .. q, -;;(,-0 r\"\;'" -r,' r:; --{l'l. t.2,l:} :.~, ~\\ ,;;:.C) <{,~('n '~2, ~ '-" o - DANIEL D. YEAKLEY, Petitioner v. COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05-3911 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of August, 2005, upon consideration of the Department of Transportation's Response to Rule To Show Cause, a Rule is hereby issued on Petitioner to show cause why this matter should not be quashed. RULE RETURNABLE within 20 days of service. Edward F. Spreha, Jr., Esq. 2233 North Front Street Harrisburg, P A 17110 Attorney for Petitioner George Kabusk, Esq. Office of Chief Counsel Department of Transportation 110 I South Front Street Third Floor Harrisburg, PA 17104-2516 Attorney for Respondent :rc BY THE COURT, J ~,Yof:/cl .~ ~ Y,')9-',s c;..., i jl.!nc-",'- "". 1\.)..1\"'_..' "'-;?.)(;o 9., 'II '''1 c.. ~\, 92 snv SUOl AtiVl.OiIOHJC:.id 3Hl :30 3:Jf~:O'{!311:l DANIEL D. YEAKLEY, 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. 05-3911 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of August, 2005, it appearing that Respondent has withdrawn its request that the appeal herein be quashed and has no objection to a supersedeas in the matter,] the Rule issued on August 25, 2005, directing Petitioner to show cause why the appeal should not be quashed is discharged and Petitioner's license to operate a commercial vehicle shall be reinstated pending disposition of Petitioner's License Disqualification appea1. BY THE COURT, J. Edward F. Spreha, Jr., Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner George Kabusk, Esq. Office of Chief Counsel Department of Transportation 1101 South Front Street Third Floor - ~.~ p. ':H,()~ 'Cf- I I See Department of Transportation's Response to Rule To Show Cause, filed August 16,2005. ,n','F"';:) S 'J :8 IJd 6 Z ~Ifrg SOGl Ai:iVI0:\iOH_O::!d 3Hl :10 3Jld:0-0311::1 Harrisburg, PA 17104-2516 Attorney for Respondent :rc Jennifer L. Lehman, Esquire J.D. No. 52784 27 South Arlene Street P.O. Box 6130 Harrisburg, PA 17112-0130 (717) 671-1200 EMERlC KOCSIS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3941 ANDREA M. KOCSIS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, JENNIFER L. LEHMAN, ESQUIRE, do hereby certify that a true and correct copy of a Complaint in Divorce was served upon the Defendant, ANDREA M. KOCSIS, by certified mail, restricted delivery, on the 4th day of August, 2005. The original signed return receipt, number 7000 15300001 88737110, is attached hereto and made a part hereof. Respectfully submitted, Date: J'-JJ.()) ~/'~J ;)~ JE FER L. LEHMAN, ESQUIRE J.D. No. 52784 27 S. Arlene Street P.O. Box 6130 Harrisburg, PA 17112-0130 (717) 671-1200 . Cemp/ete ~ems 1, 2, end 3. Also complete .... 4 If Restricted Delivery Is desired. . PrInt your name and address on the reverse 10 that we can return the card to you. . _h this card to the back of the mellplece, or on the front If spece permits. 1. _Add_to: x [J Agent B. RooeIved by ( Printed 1WHne) D. Is ~Nery addro.. _t from 110m 17 If YES, enter delivery acidre88 below: ANDREA M KOCSIS 126 EAST GREEN STREET SHIREMANSTOWN PA 17011 3. Service Type )C: Certified Mail [J Exp*S Mall o Registered D Return Aecelpt for MerctwMl6le [J Insured Man [J C.O.D. 4. R....1oh.d DoOYwy? ~ IW) lEI .... 2._Number 7noo 1530 00018873 7110 ~fer from StJrVice JBb#I) PS Form 3811, August 2001 Domestic Return ReceIpt 102595-01-M-0111 ,;:?. .::;::::;;> ,;.J"l g s: -01.:):) j'"f"'t\"i'l ~.-'" 7P" (p";r: :0;, .:" \.c::C- '~~2 ~ (') 4'1 -;r",r (::: C;) ~'. 'J) (~,; cr, ~ DANIEL D. YEAKLEY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 05-391 I CIVIL TERM IN RE: LICENSE DISQUALIFICATION APPEAL ORDER OF COURT AND NOW, this 2ih day of October, 2005, upon agreement of counsel, the hearing previously scheduled in the above matter for October 27,2005, is rescheduled to Thursday, February 9, 2006, at 1:30 p.m, in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~)tcfward F. Spreha, Jr., Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner I / , /,; L---..," ." lW~stey Oler, h., ( L / ,/ i .~ ~:y J*orge Kabusk, Esq. Office of Chief Counsel Department of Transportation 1101 South Front Street Third Floor Harrisburg, PA 17104-2516 Attorney for Respondent ~ :rc " -~------- ~ .. \ >. - ~ ~ DANIEL D. YEAKLEY, 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 05-3911 CIVIL TERM IN RE: LICENSE DISQUALIFICATION APPEAL ORDER OF COURT AND NOW, this 9th day of February, 2006, upon consideration of Petitioner's License Disqualification Appeal filed in the above-captioned matter, and pursuant to an agreement reached between the petitioner through his counsel, Edward F. Spreha, Jr., Esquire, and the Respondent through its counsel George Kabusk, Esquire, it is ordered and directed as follows: 1. The matter is remanded to the Department to correct the records to reflect that upon appeal of the underlying violation of 1606(a) the Petitioner was found not guilty of that, but rather found guilty of a violation of Section 1511 of the Vehicle Code, which will not result in a disqualification, and the Department is directed to update its records accordingly. 2. No other relief is granted to either party at this time. By the Court, -- v::: C,'--') " ,. ..<-, r---" , ".. Edward F. Spreha, Jr., Esq. 2233 N. Front Street Harrisburg, PA 17110 For Petitioner George Kabusk, Esquire Office of Chief Counsel Department of Transportation 1101 South Front Street Third Floor Harrisburg, PA 17104-2516 :mae ..., , J 13 - ()~ C~.J,"YVlAL-~-eC JUs