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Home My WebLink About01-5257BRADLEY VAJDA, Petitioner Vo COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this I~ ~kday of /~A , 2001, upon petition of , a hearing is set on the License Suspension Appeal for the i'/~ day of ~, 2001, at 3: O O o'clock ~0_.m., in Courtroom No. r~ , Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to § 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. BRADLEY VAJDA, Petitioner COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. C, Ldf -s, n CIVIL ACTION LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL NOW COMES Bradley Vajda, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: 1. Petitioner is an adult individual residing at 3509 Countryside Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, with an address of 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Petitioner received a notice of suspension letter for alleged conviction ora drug related offense, dated August 7, 2001, suspending his privileges for one (6) months effective September 11,2001. A copy of said notice letter is attached hereto and made a part hereof as Exhibit A. 4. The aforementioned suspension is illegal and improper for the following reasons: a. Petitioner was not convicted of any drug related offense on May 25, 2001, or any other date; b. Petitioner believes and therefore avers that inappropriate paperwork was prepared and submitted by the District Justice's Office; WHEREFORE, Petitioner prays that this Honorable Court grant a supersedeas on the suspension, as outlined in Exhibit A, until such time as there is a final disposition on this license suspension appeal. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner William T. Tully, Esq. 2233 North From Street Harrisburg, PA 17110 (717) 234-7051 I.D. #36410 BRADLEY VAJDA, Petitioner Vo COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. CIVIL ACTION LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by certified, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Date: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 William T. Tully, Esq. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: c~ ~ BRADLEY VAJDA, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5257 LICENSE SUSPENSION APPEAL ORDER AND NOW, this /~ day o~~b~ 2001, ttpon motion by both parties, the hearing in the above referenced appeal is continued and rescheduled for the 15~ day of April, 2002, at 2:00 o'clock p.m., in Courtroom Number 2, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THECOURT: Distribution: / George H. Kabusk, Esquire, Department of Transportation, Riverfi'ont Office Center- 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 William T. Tully, Esquire, 2233 North Front Street, Harrisburg, PA 17110 BRADLEY VAJDA, Petitioner COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-5257 CIVIL ACTION LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW LICENSE SUSPENSION APPEAL To The Prothonotary: Please withdraw the license suspension appeal docketed to the above number and term. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D. #36410 BRADLEY VAJDA, Petitioner COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-5257 CIVIL ACTION LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a tree and correct copy of the foregoing document was served upon all imerested parties by certified, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George Kabusk, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 William T. Tully, Esq. Stephanie Marie Quigley Plaintiff V. Michael Paul Irvin Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA .. : No. 01-5329 : : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Michael Paul Irvin Defendant's Date of Birth is: March 2, 1978 Defendant's Social Security Number is: 165-62-0987 Name(s) of All protected persons, including Plaintiff and minor children: 1. Stephanie Marie Quigley the court having jurisdiction over the parties and the subject-malter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located at 156 East Penn Street, Carlisle, Pennsylvania. Plaintiff's place of employmentlocated at the Big K, Walnut Bottom Road, Carlisle, Pennsylvania between the hours of 7 a.m. and 4 p.m. Any phone calls made to Plaintiff in reference to the minor children shall be made between the hours of 5:00 p.m. and 9 p.m. 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: 1. Sierra Desiree Irvin 2. Justine Marie Irvin shall be as follows: · See attached Custody Order. 5. The following additional relief is granted as authorized by §6108 of the Act: - Plaintiff shall not harass Plaintiff's relatives. - Plaintiff shall not damage or destroy any property owned by Plaintiff. - The Cumberland County Sheriff shah return any and all weapons confiscated from Defendant through the Temporary Protection From Abuse Order to Defendant's brother, Richard Moppin. The defendant, Michael Irvin, and his brother, Mr. Richard Moppin shah sign Affidavits (See Attached) attesting to the fact that Defendant's weapons' shall be stored at the residence of Mr. Moppin for the duration of this Order. - Defendant shall not own, possess, or transfer any weapons for the duration of this Order. - Defendant may contact Plaintiff for the purposes of facilitating the custody exchanges and speaking with the children. - The court costs and fees are waived. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department Pennsylvania State Police Department 7. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. All provisions of this order shall expire on: March 18, 2003 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over thc plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this order may be without warrant, based solcy on probable cause, whether or not the violation is committed in the presence of thc police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. Judge If entered pursuant to the consent of Plaintiff and Defendant: Steph~nie Quigley,PJa~ntiff~ ~'- Michael Paul Irvin, Defendant ro. ~l~avid Lopez ' I () Attorney for Plaintiff ~ MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Distribution to: -MidPenn Legal Services C~ -Faxed and Mailed to PSP, ¢ .~ -Michael Paul Irvin, Defendant Stephanie Quigley, Plaintiff Michael Paul Irvin, Defendant VS. : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY : : 01- 5329 CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY AFFIDAVIT AND NOW, this /'~ '~ day of September 2001, I, Michael Irvin, Defendant in the above captioned matter, hereby swear that there are no weapons, including a bow and arrows in my residence located at 44 East Penn Street, Carlisle, Pennsylvania. I shall not possess, transfer, or aquire any weapons for the duration of the above captioned case which shall expire March 18, 2003. I verify that the statements made in the foregoing Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date Michael~Irvin, D~endant Stephanie Quigley, Plaintiff VS. Michael Paul Irvin, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY : : 01- 5329 CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY AFFIDAVIT AND NOW, this Z~,~7~ day of September, 2001, I, Richard Moppin, brother of the defendant, Michael Irvin, in the above captioned matter, hereby swear that I shall store the defendant's weapons, including a bow and arrows, at my residence located on East Louther Street, Carlisle, Pennsylvania. I shall not transfer any weapons to the defendant and the weapons shall remain in my custody until further Order after the expiration of the Final Protection From Abuse Order. I verify that the statements made in the foregoing Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date 04/30/02 TUE 14:29 FAX 717 240 6573 CU~,IB CO PROTHONOTARY ~001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR *************************** MULTI TN REPORT 3076 0119p2490779 0319p2405331 04]92438026 PSP CP LS OFFICE OF ~HE PROTHONOTARY CUMBERLAND CEYJNTY COURql4OdSE ONE COURTHOUSE SQUARE CARLISLE, PA. /7013-3387 (7~7) 240-6195 FAX (717) 240-6573 V ~A TELECOP I E R TO: PA STATE POLICE FAX #: 717-249-0779 F$~M: CURTIS R. LONG PFA O~DEES Stephanie Quigley, Michael Paul Irvin, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY : : 01- 5329 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY kCUSTODY ORDER AND NOW, this~J~ i:lay of April 2002, upon consideration of the parties' Consent Agreement, ~he following Grder is entered with regard to custody of the parties' children: Sierra Desiree Irvin (DOB 2/6/97) and Jusfine Marie Irvin (DOB 1/10/99). 1. The plaintiff, Stephanie Quigley, hereinafter referred to as the mother, and the defendant, Michael Irvin, hereinafter referred to as father, shall share legal custody of the children. 2. 3. The mother shall have primary physical custody of the children. The father shall have periods of partial custody of the children according to the following schedule: a. Every other weekend from Friday until Sunday at times mutually agreed upon by the mother and father, and b. At other times mutually agreed upon by the parties. The father shall provide the mother with a twenty-four (24) hour notice as to when he wishes to exemise any additional periods of custody. 4. The mother and father shall alternate the following holidays: Easter, Memorial Day, the Fourth of July, and Labor Day, at times mutually agreed upon by the parties. 5. The mother and father shall share Thanksgiving and Christmas at times mutually agreed upon by the parties. 6. The father shall have the right to see the children on their birthdays at a time to be mutually agreed upon by the mother and father. 7. Neither party shall expose the children to excessive amounts of alcohol or be under the influence of alcohol while the children are in their custody. 8. The mother and father, by mutual agreement, may vary from this schedule at any time. 9. The mother and father will notify each other of all medical care the children receives while in that l~arent's cam. Each parent will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 10. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. This Order shall remain in effect beyond the expiration of the Protection From Abuse Order entered on September 18, 2001, or until further Order of Court. I-,~e~ E.~ Hoffer, Preside~ Judge If entered pursuant to the consent of Plaintiff and Defendant: D~vid Lopez Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Distribution to: -MidPenn Legal Services -Faxed and Mailed to PSP -Michael Paul Irvin, Pro Se Defendant Michael Paul Irvin, Defendant Pro se