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Home My WebLink About06-5006 6- COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Respondent CIVIL DIVISION V NO b~- joO(, C<..vi I WILLIAM M. HAKEN JR STATUTORY APPEAL Petitioner PETITION FOR APPEAL FROM OIW.ER OF DJl:P4RT~NT OF TRAN~PORTATION SUSPENDING OCCUPATIONAL LIMITED LICENSE DRIVING PRIVlLEDGE 1. Your Petitioner, William M. Haken Jr, is an individual residing at 2301 Williamsview Drive, Harrisburg, Pa 17112 2. On or about August 24, 2006. Petitioner received a Notice from the Pennsylvania Department of Transportation notifYing him that his Occupational Limited License was to be recalled. 3. This recall arises out of a DUI offense that occurred before the OLL was issued. 4. That the notice provides that the petitioner has 30 days to appeal this recall of the Occupational Limited License. 5. That Petitioner further states that he complied with all applicable laws and requirements regarding the use and operation of his Occupational Limited License. 6. Petitioner also states that if his license was suspended, he would be unable to work and maintain his livelihood in every aspect. 7. That this is not the intent of section 3802B of the Vehicle Code. 8. That Petitioners recall of his Occupational Limited License should automatically be stayed upon timely filing of this petition and notice to the Department of Transportation. 9. That Petitioner has filed his claim of appeal a mere 5 days after receipt of the notice and it is therefore timely. WHEREFORE, your Petitioner respectfully requests this appeal be gnmted and, in the interim, this Honorable Court enter a stay of the Pennsylvania Department of Transportation Tecall of Petitioners Occupational Limited License until a full hearing on the merits has been conducted. Respectfully Submitted, Oan Law Group ~. ~. }. ~C1-- I.u a lCGan, Esq. Attorney for Petitioner 17 West South Street Carlisle, PA 17013 717-241-4300 l.D.68721 84., /; b '/ Dated AUG-23-2006 09: 26 FROM: TO: 2435115 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AU&UST 24, 2006 WILLIAM M HAKEN JR 2301 WILLIAMSYI~W DR HARRISBURG PA 17112 WID. D~2~'~le7eI3'e2 001 PROC~SSING DAT~ De/17/~DDb DRIYER LICENSE. 2312a~32 DATE OF BIRTH 03/D3/1'7b Our. !lR ....IiA.Klif!L Your violation of Section 5802B on 08/02/2004 has resulted in the per.anent reeall of ~our Occupational Li.ited lic.nse driving privilege. The per.anent recall b.gins on AUGUST ~4, 2006 at l2:01a.. YOU MUST J:MMEDUTELY RETURN YOUR LJMXTED LJCENSE AND AU- THORJZATJON LETTER TOI PennSYlvania Depart.ent of Transportation Bureau of Driver Licensing P.O. Box 68689 Harrisburg, PA 17106-868' To better serve you, PannDOTsuuash "thatVounfld~our Questions or concern~to the 'adelrllss Hsted above. . Plaa.e include a dayU..e telephone nu".ber with. ~our letter. We will get back to YOU within 10 daYS of recaiving~our let- ter. You ..ay appeal the Dapart.ent' s recall .o'a.n Occupational 11.Ued License by requesting a.n AdllinistraUve .Hearing. ..-'.- -- .l'T""Vltuwssn Co .'iP1iT"T"'"Oir.-r.ca~~, Vcilr.iieeil 1:0' .eno a'-lifltten state..nt raquesting an Ad.inistrative Hearing .and a filing 'e. in the a.ount of 1100.00. State all reesons for Which YOU fe.l a hearing is necessary. Th. '11tnl fee i. non- r.'undable. PI.asa send your written state.ent, this letter and your ch.ck or .0n.1I order pa~abla to COMMONWEALTH OF PENNSYLVANIA, tal P:2'5 AUG-23-2006 0'3: 27 FROM: ". TO: 2435175 P:3':> ---------- 062296187813982 PennsYlvania Department of Transportetion Ad.inistrative Docket Clerk Bureau of Driver licensing 1101 South front Stre.t. 5rd floor Harrisburg, PA 17104-2516 PennDOT will notify YOU of the hearing date and ti... All hearings are conducted in Harrisburg. --. SiriC"e.l"e"ly ,.---- ---. - .-- .-- .... .i;),.e~ Janet L. bolan. Director Bureau of Driver Licensing INFDRMATION 8100 a.m. to ',DOa... IN STATE 1-800-932-4600 TDD IN STATE 1-800-221-0676 OUT-Of-STATE 717-412-53DD TDbOUT-Of-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.oa.us ..~.. "'.W' ." .-......-.-.--.--- .'.- ..-- I. , . TO: 2435175 r.....J A\JG-23-20e6 09: 27 FROM: -------------- COMMDNWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau af Driver Licensing Mail Datel AUGUST 24, 2D06 WILLIAn n HAKEN JR ~3D1 WILLIAMSVIEW DR HARftISBUR' PA 11112 WID' D~~~~blA7A13~e2 001 PROCESSING tATE D8/1?/2DD~ DRIVER LICENSE' ~3i~6~3Z DATE Of BIRTH D3/D3/1~?b LI~ENSE IN BUREAU OUr MR. HAKENI This is an Official Notice of the suspension of yaur Driving Privilege as autharhad by SecUan 'BUE21 of the Pannsylvania Vahicle Code. As a ra.ult of yaur D5/25/Z0D6 conviction of violating Section ~B02B of the Vehicle Coda DUI lAC .10-<.16 an D8/02/ZDD4, . 'four driving privUega Is SUSPENDED far a parlad of I YEARCS) affective 05/0"2007 at 12101 .... This suspanslan is in addition to any ather suspensions al~ ready an your ~acord. PilSON RELEASE '.REDUIREMENl. The Court of ClJMBERLAND ;CTV,Caurt NUMber 169B, Court hr. 2D05 has sentancadyau 'to .arva a prlson.tare far this vi- ahUan. pg~U"8nt. tllSacUiln 15'lC.:-1 '""o"fthe Vehicle Co"'d;:...----. ...-- ..-. . yoU ~111 not racelve cradJt far this suspensJon/revac.tion or any additional suspenslan/ravacation until you ca.~l.te your prison tara. The Court aust certifY your callplaUon to P.nnDDT. 'fau ..y wish to contact yaur probation officer and/ar the Court aftar your ralease to make sura that PannDOl is properly notifiad. IGNITION INTlRLOCK Before yaur driving orivilege can be rastored YoU ara re- quired by la'" to have all vahicleCs) owned by YOU to be eqUiPped with an I,nition Interlock SysteM. This is a r.sult af your conviction for Driving Under the Influence. You will receive Mare inforaatlon regarding this reQuire.ant aporax- i.atelv 3D days before your eli,ibility dete. .f TO: 243517S r_..,. .., A\JG-23-2006 l'l9:27 FROM: .f . ---------------- . . 062296187813982 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspansion/revacatian, wa will Sind YOU a lettlr asking that yOU Drovida proof of in- surance at that tille. This latter will list acceptable dacullents and what will be needed if you do not own a vehicle registerad in Pennsylvania. IMPORTANTI Plaase lIake sure thet PennDOT i. notifiad if you lIave fro. your current addrass. You aaY notifY PannDOT of your addre.. change by calling any of the phone nUllbers listed at'.th.-end.o( thts tett.r. .. ..---.'.. - .-....- .-.. APPEAL Vou hava the riaht to app,al this action to the Court of Co..on Plaas (Chil Dhision) within 30 daYS of the .ail date. AUQU$T 24. 2006. of this letter. I~ YOU 1118 en app.al in ~he county court, the court will give you a time-st..ped cert1~ied OOpy of the eppeal. In Drdar far your appeal to be valid, you lIust send this ti.a-sta.Pld certified copy of tha allDeal by certified .ail tal PennsYlvania Depart.ent of Transportation Office of Chief Counsel Third Floor, Riverfront Office Centar Harrisburg. PA 1710~-251' Re.ellber. this is an OFFICIAL NOTICE 0' SUSPENSION. I. SincerelY, . .. t;:, tl.w--- .-- n Jenet L. Dolan, Director lureau of Driver licensing IN STATE aUT-OF-STATE WEB SITE ADDRESS INFDRMATION 8s0a a.M. to '100 D.m. 1-800-932-4600 TOO IN STATE 717-412-5500 TOD OUT-OF-STATE www.d.v.state.Da.us 1-800-228-0616 717-412-5380 . . ~~~ ~~ '-J- ~ ~ I '^ .,., (") <;:;; S, "'"'(11'" rt:r'- / (f;-<-:, r:: (' "-, ',~ ,- ">1.; <:-'-.f ~C> ~~~ .-< "'" = c:::> cr< or- C~ G) N ill -0 ::;;: N o -n I':n rn..-- ""'l:rm "J? {,:::::>(,.) ::::l"Ti ..,..... ~T1 fJ-- ..0 ,"-;rn :~ -I> on '< N . , RECEIVED AUG 1 2006 ~-7 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Respondent CNIL DNISION v NO O(p/ ~ ~({ WILLIAM M. HAKEN, JR STATUTORY APPEAL Petitioner ORDER After reading the attached petition and the court being otherwise fully advised in ....I the premises, IT IS ORDERED THAT hearing in this matter shall occur on the 'j~ day , . ~,:()OA~. of I'f'1. 200 Qn courtroom number.3 , Cumberland County Courthouse. It is further ordered that the Order issued by the Pennsylvania Department of Transportation, ISSUED ON AUGUST 24, 2006 suspending Petitioners Occupational Limited License is stayed pending the outcome of this hearing. If /S/O , Honorable Dated EtJ/vJAlLd E. C...,'d4 v: ~ '?\) ~ ~~ ~ ~ ~~ ~ ~ i\~~'\\\\') \C'~'\,,:..,,:r:-, ~,-'..""" 3.. "'~", \"'~: __C ~'\i<:::' ';" . \ ,," ).J..i~.) 6 S~ O'"")~;)O ."'\ ~ n\:l:._;~\' ..v \\~ ~ \'0 \\) ,--;\,'~, ' (I.. ~,',' j' \ -r-> ri,.....' \A..-' . "N\-"""r'\<... WILLIAM M. HAKEN, JR., PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 06-5006, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT APPEAL OF RECALL OF AN OCCUPATIONAL LIMITED LICENSE MOTION TO QUASH APPEAL The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By official notice dated August 24, 2006, the Department of Transportation, Bureau of Driver Licensing, notified William M. Haken, Jr., O.L.N. 23828632, that his violation of Section 3802B on August 2, 2004, resulted in the permanent recall of his Occupational Limited License, effective August 24, 2006. See Department Exhibit 1, sub-exhibit 2. 2. Mr. Haken filed an appeal of the above mentioned notice of the Department's recall of his Occupational Limited License on or about August 29,2006, in the Court of Common Pleas of Cumberland County. 3. The Petitioner in his petition seeks this Honorable Court to review the Department's recall of the Petitioner's Occupational Limited License. 4. The Court of Common Pleas has jurisdiction pursuant to section 42 Pa.C.S. ~ 933 to hear appeals from final orders from the Department of Transportation in the following cases: Section 1377 (relating to judicial review); Section 1550 (relating to judicial review); Section 4724(b) (relating to judicial review); Section 7303(b) (relating to judicial review); and Section 7503(b) (relating to judicial review). 42 Pa.C.S. ~ 933. 5. This Honorable Court has no jurisdiction to hear an appeal regarding the recall of an Occupational Limited License. Cf Department of Transportation, Bureau of Traffic Safety v. Yarbinitz, 508 A.2d 641 (Pa. Cmwlth. 1986) (Court of Common Pleas has no authority to grant credit); Cf Cessna v. Department of Transportation, Bureau of Driver Licensing, 567 A.2d 760 (Pa. Cmwlth. 1989) (Credit matter, a matter for the Department's Administrative Docket, should not be appealed to Court of Common Pleas). 6. An adequate administrative remedy must first be exhausted before the petitioner seeks further judicial review. See Ruby v. Department of Transportation, Bureau of Driver Licensing, 632 A.2d 635 (Pa. Cmwlth. 1993); See generally St. Claire v. Commonwealth of Pennsylvania, Board of Probation and Parole, 493 A.2d 146 (Pa. Cmwlth. 1985) (Petitioner must exhaust proper judicial remedies). 7. The proper forum for an appeal of the recall of an Occupational Limited License is through a formal administrative proceeding at the Department of Transportation in the Department's Administrative Docket. See 75 Pa.C.S. ~ 1553(h); See also 67 Pa. Code Chapter 491. . . CERTIFICATION rft. PENNDOT DL-326 (7/05) DATE September 15, 2006 I hereby certify that Janet L. Dolan, 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 custo . 'inttached certification. ~ ~ AND AND SEAL OF THIS I i I SEAL NSPORTATION RUE AND CORRECT Official notice of Report of the hicle Code, 4, date of n dated & owing the ty No. CP- qS/06, seal ated Driving AM M. HAKEN, f Driver Licensing, al Code, Act of July IN T AND YEAR AFORESAID. .. .~ D SEAL THE DAY ~ };Jttw JAN' L. DOLAN, DIRECTOR BUREAU OF DRIVER LICENSING SEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 24, 2006 HARRISBURG PA 17112 WID # 0622961878139B2 001 PROCESSING DATE OB/17/2006 DRIVER LICENSE # 23828632 DATE OF BIRTH 03/03/1976 WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR LICENSE IN BUREAU Dear MR. HAKEN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E21 of the Pennsylvania Vehicle Code. As a result of your OS/25/2006 conviction of violating Section 3802B of the Vehicle Code DUI BAC .10-<.16 on 08/02/2004: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/09/2007 at 12:01 a.m. This suspension is in addition to any other suspensions already on your record. PRISON RELEASE REOUIREMENT The Court of CUMBERLAND CTY, Court Number 1698, Court Term 2005 has sentenced you to serve a prison term for this violation. Pursuant to section 1541(a.l) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approximately 30 days before your eligibility date. ~t 062296187813982 PROVIDING PROOF OF INStJRANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 24, 2006, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, lJ,.e~ Janet L. Dolan, Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION B.OO a.m to 6:00 p m. 1-800-932-4600 TOD IN STATE 717-412-5300 TOD OUT-OF-STATE www.dmv.state.pa us 1-800-228-0676 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 24, 2006 WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR WID # 062296187813982 001 PROCESSING DATE 08/17/2006 DRIVER LICENSE # 23828632 DATE OF BIRTH 03/03/1976 HARRISBURG PA 17112 Dear MR. HAKEN: Your violation of Section 3802B on 08/02/2004 has resulted in the permanent recall of your Occupational Limited License driving privilege. The permanent recall begins on AUGUST 24, 2006 at 12:01am. YOU MUST IMMEDIATELY RETURN YOUR LIMITED LICENSE AND AUTHORIZATION LETTER TO: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68689 Harrisburg, PA 17106-8689 To better serve you, PennDOT suggests that you send your questions or concerns to the address listed above. Please include a daytime telephone number with your letter. We will get back to you within 10 days of receiving your letter. You may appeal the Department's recall of an Occupational Limited License by requesting an Administrative Hearing. If you wish to appeal this recall, you need to send a written statement requesting an Administrative Hearing and a filing fee in the amount of $100.00. State all reasons for which you feel a hearing is necessary. The filing fee is non-refundable. Please send your written statement, this letter and your check or money order payable to COMMONWEALTH OF PENNSYLVANIA, to: 4fl.. 062296187813982 Pennsylvania Department of Transportation Administrative Docket Clerk Bureau of Driver Licensing 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 PennDOT will notify you of the hearing date and time. All hearings are conducted in Harrisburg. Sincerely, .b,.e~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8.00 a.m. to 6:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa us J '\ \ . 1 .' l"') . REPORT OF THE CLERK OF COURTS SHOWING THE CONVICTION OR ACQUITTAL OF ANY VIOLA rrON OF THE VEHICLE CODe o AMENDED REPORT o DEFENDANT REQUESTS ADDRESS CHANGE Under Section 6323 of the Vehide Code. it is mandatory that the Clerk of Courts report all violations of the Vehicle Code. IA DEFENDANT INFORMATION (TYPE OR PRINT ClEARL Y) NAME SEX DATE OF BIRTH fIRST WILLIAM I MlDOlE MICHAEL LAS T HAKEN M MONTH I~Y I YEAR 3 1976 ADDRESS: Ill. P 0 Boa Numl:Ier -.. be UMd ", addoIoon 10 the .~I addreu OUI aI/lOOl be uSeQ as the only aodrHs J 2301 WIllIAM VIEW DR CITY I STATE I ZIP CODe SOCIAL SECURITY NUMBER HARRISBURG I PA I 17112 210151. 6181-15121511 DRIVER NUMBER STATE LICENSE PLATE NUMBER YEAR STATE Offenu Occutred While DnvingfTransporting 23828632 PA DNB-8676 PA o Commercial Vehicle o Hazardous Material o School Vehicle Dather 18 VIOL\TION INFORMATION - (The VehiCle Code - Act of June 17, 1976, P.L. 162 as amended) SEC TlON l~SEcrl()HlClAUSf 8l 000 ALCOHOl CONTENT lOffense occuned In an ac:tiYe work zone? t Officer submitted acadent report? 3B02 .1m ~s 0 I<<J m m: a I<<J m DA TE OF V~ TION VA Tf Of CONVICTION ('" ) Box: 0 DATE OF ACOUITTAl o NOtlE PROSEOUI MONTH i~v 2 i vfAR IAONl~ J n~ '( },(~AA UiONl~ n-.'l 'I'~ . 2004 5 25 2006 CHARGE VIOLA lION COMMITTED DATE LICENSE OR ACKNOW\.EDGEtoENl WAS SURRENDERED TO COURT OR DISTRICT ATTORNEY If speed vIOlation. enter tra"elll"lg speed (C/ledl One) o Summary MONTH DAY YEAR and legal speed DUI: High Rte of Ale: (BAC .10- o F .Ungraded I!l U-Ungraded .16) 1st Off OF' OM1 OF2 OU2 OF3 OM3 C COURT'NFORMAnON COURT OF COMMON PLEAS COUNTY OF 21 E TREATMENT ORDERED (CHECK ONE) DYES (!J NO NUMBER CP.21-CR-GOO16...2005 OTN L 202811-4 YEAR 2005 F SENTENCING INFORMATION D SIGNATURE AND DATE CERnflED THE UNDERSIG"'ED CERTIFIES THAT THE FOREGOING IS A CERTIFIED RECORD OF A CONVICTION OR ACQUfTTAlfNOLlE PROSEQUI SEAL (checlc one) Defendant Sentenced to Pnson o YES 0 NO 0 TIME SERVED (checlr one) Must (") for section. 3802(A)(1) and 3802(A){2) Was the defendant sentenced under Section 3804(a)(1), Title 75 or the Vehicle Code? DYES (!) NO Send ThIS Form To Bureau of Driver licensing. Clerk of Courts. POBox 60037. Harnsburg, PA 17106-0037 AOPC 2011.2008 REV 0IJ0112008 =rI3 CPCMS Printed 0810112006 2 1918PM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing - Mail Date: MAY 31, 2006 WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR WID # 061446122024681 001 PROCESSING DATE OS/24/2006 DRIVER LICENSE # 23828632 DATE OF BIRTH 03/03/1976 HARRISBURG PA 17112 LICENSE IN BUREAU Dear MR. HAKEN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E21 of the Pennsylvania Vehicle Code. As a result of your 03/08/2006 conviction of violating Section 3802C of the Vehicle Code DUI BAC .16+ on 09/06/2005: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/26/2006 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation. we cannot restore your driving privilege until all the requirements are satisfied. PRISON RELEASE REOUIREMENT The Court of DAUPHIN COUNTY, Court Number 4713, Court Term 2005 has sentenced you to serve a prison term for this violation. Pursuant to Section 1541 (a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: ~'1 061446122024681 1. Return the enclosed Application for Restoration. The amount due is listed on the applicat10n. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof 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. APPEAL You have the right to appeal this action to the Court of Common Pleas {Civil Division} within 30 days of the mail date, MAY 31, 2006, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, IJ,.e~ Janet L. Dolan, Director Bureau of Driver Licensing 061446122024681 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 r.. INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 -------- " uoi~* o~22 02~o6i R&P<JIl1' oF 1''' ~ oF C(IUlt1'8 ~,.. c()lllllCTlOM OR ACQUI11AL oF "", ~'f\OII oF _ yeMlCLE coDE o AMENDED REPORT o OEFENOJIIIT REQlJESlS ADDRESS CHANGE \lIIIW $Idkl" lI323...... vel\ldO CodO. _. ~ \llaI.... c""" 01 co",," JellOIIeI ~ 01.... \/eI1ide Code- so ,,~ 3 ~ lIlfCIRIIA1IOll1rtH ORPfIlN!cu;Al& Yl ~t AAKEN UI)Olt ... ~....... ~, &'fATE 'A ST",U ~ ,v.1'I"""- PA ~. Zf/ cooE 11,,"1 ~ STAtE ,It. \llCll!!1tIlI! ~1tIlI!.11!!! ~ c;ode' /1# "'~ f1. ff7& p.L. fl2 ..-- ~ _...-'-' _..-rrA.....-::r"""" - ..-!..... C"... .... 0 110 ~ .... . fIO \!I "".... Of _11011 ",..... oF""""""'" (,f ) - 0 "".... oF ,.:QIll1"'''' 0 1lllUE......... .... ..... - ..... -- .... ..... . JllOI :t II ZI\IllI c.....- _11011 CQooMnE" .' . ....__.-..... pooOOOIl Olum-..... . ....... .-. .' ..... _~I\lI"''''''\8f<C Of__!1~ r,' . ....,wtClll Off OMf ;>>/. on 0- On 0'" ~T6lJCENSE OIlIt&.~:oOf!t_fr '14#.1 e :t ~ 1001 DAY 110M"" 4 ts E 1REA...-..!~t~" l!1HO o 'tES f~~- t-- onel ~~\O"rilon I!) yes 0 lID 0 'tIIjE SERVED ."4 . l~t~. :: ~"i ..,;-<~. ',' \\. . .,..:;. a.. .' ~r; ~:; . ~..,. ~;, .~( . '{ . . .". L .......a ~~__..C-!!!!! _~~_,t1C~.A~O "'..~ott"""""~~ ... / ' /) / /./ I ~n}l.ll..J t_ '", .... . I ' ,-i/'~.. . ,}. QIIk of c..- {OlIIIll< """ .....1"',... _d'. ..,....' -...- w..... ...........nc..--~ 1I04(al(1). ,. 11 of" "........ Code' o VES l!l NO ..... _ f...... To: ~ oIlJ1W \JCIIlIII'lI. c""" of (;OUlII. ,.o.IGl80037. ~. 'A ,1,Q&oOOS7 .'" : .-,;. ~~ cpeMS ..... 0I/0112OGl 1\:50:"* ~_1tM.~_-' _112Q01 Dale: September 15, 2006 COUMONWEAL TH OF PENNS'itVANlA OEPAATlAENT OF TRANSPORTATION BUREAU OF DRIVER llCENSHG HARRISBURG. PENNS'itVANIA 17123 CERTIFICATION STATEMENT m ~.." 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: WilLIAM M. HAKEN, JR., 2301 WILLIAMSVIEW DRIVE, HARRISBURG, PA 17112 OPERATOR NO.: 23828632 DATE OF BIRTH: 3103176 CLASS OF LICENSE: TITLE NO.: PURPOSE OF REQUEST: Legal (R=INSURANCE, C=CREDIT, E=EMPLQYMENT, L=LEGAL. M=OTHER) DATE SECTION VIOlATION ACTION TAKEN BY DEPARTMENT VIOlATION PARTIAL DRIVING RECORD FOR THE PURPOSE OF THIS APPEAL ONLY (FULL AUTOMATED CERTIFIED RECORD ATTACHED) 6/06/05 3802C Driving under the influence of alcohol Official notice of suspension. dated & mailed 5/31/06, or controlled substance highest rate of effective 4/26/06, for one year. alcohol .16+ 8/02/04 3802B Driving under the influence of alcohol Official notice of recall of Occupational Limited License or controlled substance high rate of dated & mailed 8124/06. alcohol BAC .10-<.16 Official notice of suspension, dated & mailed 8/24/06, effective 5/09/07, for one year. Appeal taken, not restored, Court Order, the Department did not receive a property docketed Petition for Appeal. In compliance with ~ 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 the subject listed above. ~ Jj~~ DIRECTOR, BUREAU OF DRIVER LICENSING Information requested by. tv DATE: September 15, 2006 COMMONWEALTH OF PENNSYlVANIA ss: I hereby certify that Janet L. Dolan, Director cI the Bureau of Driver Licensing of the PennsylvanIa Department f1fTransportallon, Is the legal custodian of the Driver license records of the PennS)4vanla 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 t2Q4-- LJ. ~ SEAL SECRETARY OF TRANSPORTATION ~fo PAGE 1 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY SEP 15 2006 )RIVER: WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR HARRISBURG, PA 17112 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 23828632 MAR 03 1976 MALE OCC LIM LIC DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) SUSPENDED CDL LICENSE CLASS : CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS CDL RESTRICTIONS CDL LEARNER PERMITS: CDL LICENSE STATUS NONE NONE LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES )RIG ISSUE DATE ~D RESTRICTIONS LEARNER PERMITS LICENSE STATUS C MAR 10 2004 MAR 04 2008 MAY 13 1992 NONE SUSPENDED SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS : PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS C OLL LICENSE ISSUED : JON 27 2006 OLL LICENSE EXPIRES: MAY 09 2007 OLL LICENSE STATUS : OLL RECALL *** CONTINUED *** PAGE 2 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED . - - - - - - - - - - - - - - - - - - - - -.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _. - - - - - - - - REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - lIOLATION DATE: "IOLATION: )ESCRIPTION: ~ONVICTION DATE: ~CTION: iTIOLATION DATE: iTIOLATION: DESCRIPTION: ::=DNVICTION DATE: ~CTION: ~CTION: iTIOLATION DATE: iTIOLATION: DESCRIPTION: ::ONVICTION DATE: ~CTION: iTIOLATION DATE: iTIOLATION: DESCRIPTION: CONVICTION DATE: ~CTION: JUN 11 1994 VEHICLE CODE: 3112A3I RED LIGHT VIOLATION JUN 20 1994 ASSIGNED POINTS DEC 29 1994 VEHICLE CODE: 3323B STOP SIGN VIOLATION JAN 09 1995 POINT EXAM PASSED EXAM FEB 10 1995 FEB 16 1997 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 060 MPH IN A 035 MPH ZONE FEB 28 1997 ASSIGNED POINTS APR 26 1999 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 051 MPH IN A 025 MPH ZONE MAY 05 1999 . ASSIGNED POINTS *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY ~ SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED 7rOLATION DATE: ,r OLAT ION : )ESCRIPTION: ~ONVICTION DATE: ~CTION: ~CTION: iTIOLATION DATE: iTIOLATION: JESCRIPTION: :X>MM vEHI CLE : :X>NVICTION DATE: ~CTION: VIOLATION DATE: VIOLATION: DESCRIPTION: ::DMM VEHICLE: ::DNVICTION DATE: ~CTION: VIOLATION DATE: VIOLATION: DESCRIPTION: COMM VEHICLE: CONVICTION DATE: ACTION: AUG 21 1999 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 079 MPH IN A 055 MPH ZONE AUG 30 1999 DEPAaTMENTAL HEARING NO ACTION AS A RESULT OF A HEARING MAR 25 2006 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 085 MPH IN A 065 MPH ZONE NO HAZMAT: NO APR 06 2006 ASSIGNED POINTS CDL HOLDER: NO SEP 06 2005 VEHICLE CODE: 3802C MAJOR VIOLATION DUI BAC .16+ NO HAZMAT: NO CDL HOLDER: NO MAR 08 2006 SUSPENSION FOR 1 YEAR(S) EFFECTIVE APR 26 2006 OFFICIAL NOTICE MAILED MAY 31 2006 SEP 06 2005 VEHICLE CODE: 3361 TOO FAST FOR CONDITIONS NO HAZMA'l': NO CDL HOLDER: NO MAR 08 2006 SUSPENSION FOR 10 DAY(S) EFFECTIVE APR 26 2007 OFFICIAL NOTICE MAILED MAY 31 2006 *** CONTINUED *** PAGE 4 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED 'IOLATION DATE: 'IOLATION: )ESCRIPTION: :DMM VEHICLE: ::;ONVICTION DATE: !\CTION: )L ACTION: elND OL ACTION: AUG 02 2004 VEHICLE CODE: 3802B MAJOR VIOLATION DUI BAC .10-<.16 NO HAZMAT: NO CDL HOLDER: NO MAY 25 2006 SUSPENSION FOR 1 YEAR(S) EFFECTIVE MAY 09 2007 OFFICIAL NOTICE MAILED AUG 24 2006 ***** ACTION AFFECTING OCCUPATIONAL LIMITED LICENSE ***** RECALLED EFFECTIVE AUG 24 2006 OFFICIAL NOTICE MAILED AUG 24 2006 *********************************************************** LICENSE RECEIVED APR 26 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. -' .. .. .. .. .. .. - .. .. .. .. .. .. .. .. REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS .. .. .. .. - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. NO MEDlCALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD .. --- --...... -- ----.... -- ------------------------------------------............ - -- --.. ---..-- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. - .. .. .. .. .. .. .. .. .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. *** CONTINUED *** PAGE 5 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED 40TOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT [NDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS [NDIVIDUAL OR THE INDIVIDUAL I S VEHICLE WAS INVOLVED IN AN ACCIDENT ON PHE DATE LISTED. !\CCIDENT DATE: LOCATION: VEHICLE TYPE: SEP 03 1997 DELAWARE CNTY PASSENGER !\CCIDENT DATE: LOCATION: VEHICLE TYPE: SEP 06 2005 DAUPHIN COUNTY PASSENGER *** END OF RECORD *** '. PAGE 6 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~ lJ,e~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:SEP 15 2006 I HEREBY CERTIFY THAT JANET L. DOLAN, 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, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, ~j).~ SECRETARY OF TRANSPORTATION SEAL o ~ r-.~ ( :,:~~.:.> ,-:',:::J L:..J...... o C'O) -i N -r1 rJ .r.- (.n WILLIAM M. HAKEN, JR., PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 06-5006, CIVIL COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL MOTION TO VACATE SUPERSEDEAS The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By official notice dated August 24, 2006, the Department of Transportation, Bureau of Driver Licensing, notified William M. Haken, Jr., O.L.N. 23828632, that his violation of Section 3802B on August 2, 2004, resulted in the permanent recall of his Occupational Limited License, effective August 24, 2006. See Department Exhibit 1, sub-exhibit 2. 2. Mr. Haken filed an appeal of the above mentioned notice of the Department's recall of his Occupational Limited License on or about August 29, 2006, in the Court of Common Pleas of Cumberland County. 3. The Petitioner in his petition seeks this Honorable Court to review the Department's recall of the Petitioner's Occupational Limited License. 4. The Court issued an Order dated September 5, 2006. That Order states: After reading the attached petition and the court being otherwise fully advised in the premises, IT IS ORDERED THAT hearing in the this matter shall occur on the 22nd day of Nov. 2006 in courtroom number 3 at 9:00 a.m. Cumberland County Courthouse. It is further ordered that the Order issued by the Pennsylvania Department of Transportation, ISSUED ON AUGUST 24, 2006, suspending Petitioner's Occupational Limited License is stayed pending the outcome of this hearing. 5. The Court of Common Pleas has jurisdiction pursuant to section 42 Pa.C.S. 9933 to hear appeals from final orders from the Department of Transportation in the following cases: Section 1377 (relating to judicial review); Section 1550 (relating to judicial review); Section 4724(b) (relating to judicial review); Section 7303(b) (relating to judicial review); and Section 7503(b) (relating to judicial review). 42 Pa.C.S. 9 933. 6. This Honorable Court has no jurisdiction to hear an appeal regarding the recall of an Occupational Limited License. CJ. Department of Transportation, Bureau of Traffic Safety v. Yarbinitz, 508 A.2d 641 (Pa. Cmwlth. 1986) (Court of Common Pleas has no authority to grant credit); Cf Cessna v. Department of Transportation, Bureau of Driver Licensing, 567 A.2d 760 (Pa. Cmwlth. 1989) (Credit matter, a matter for the Department's Administrative Docket, should not be appealed to Court of Common Pleas). 7. An adequate administrative remedy must first be exhausted before the petitioner seeks further judicial review. See Ruby v. Department of Transportation, Bureau of Driver Licensing, 632 A.2d 635 (Pa. Cmwlth. 1993); See generally St. Claire v. Commonwealth Dl-326 (7/05) CERTIFICA liON tft. PENNDOT DATE September 15, 2006 I hereby certify that Janet L. Dolan, 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 custo ~ ached certification. AND to SEAL OF THIS SEAL NSPORTATION RUE AND CORRECT Official notice of Report of the hicle Code, 4, date of n dated & owing the ty No. CP- 08/06, seal sted Driving AM M. HAKEN, f Driver Licensing, al Code, Act of July IN T AND YEAR AFORESAID. o SEAL THE DAY ~ lJl.~ JAN l. DOLAN, DIRECTOR BUREAU OF DRIVER LICENSING SEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 24, 2006 HARRISBURG PA 17112 WID # 062296187813982 001 PROCESSING DATE 08/17/2006 DRIVER LICENSE # 23828632 DATE OF BIRTH 03/03/1976 WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR LICENSE IN BUREAU Dear MR. HAKEN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your OS/25/2006 conviction of violating Section 3802B of the Vehicle Code DUI BAC .10-<.16 on 08/02/2004: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/09/2007 at 12:01 a.m. This suspension is in addition to any other suspensions already on your record. PRISON RELEASE REOUIREMENT The Court of CUMBERLAND CTY, Court Number 1698, Court Term 2005 has sentenced you to serve a prison term for this violation. Pursuant to section 1541 (a.l) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approximately 30 days before your eligibility date. --:ftl 062296187813982 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 24, 2006, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, ~ .i;),.ef/fitJ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a m. to 6'00 p m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmvstate.pa.us COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 24, 2006 HARRISBURG PA 17112 WID # 062296187813982 001 PROCESSING DATE 08/17/2006 DRIVER LICENSE # 23828632 DATE OF BIRTH 03/03/1976 WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR Dear MR. HAKEN: Your violation of Section 3802B on 08/02/2004 has resulted in the permanent recall of your Occupational Limited License driving privilege. The permanent recall begins on AUGUST 24, 2006 at 12:01am. YOU MUST IMMEDIATELY RETURN YOUR LIMITED LICENSE AND AUTHORIZATION LETTER TO: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68689 Harrisburg, PA 17106-8689 To better serve you, PennDOT suggests that you send your questions or concerns to the address listed above. Please include a daytime telephone number with your letter. We will get back to you within 10 days of receiving your letter. You may appeal the Department's recall of an Occupational Limited License by requesting an Administrative Hearing. If you wish to appeal this recall, you need to send a written statement requesting an Administrative Hearing and a filing fee in the amount of $100.00. State all reasons for which you feel a hearing is necessary. The filing fee is non-refundable. Please send your written statement, this letter and your check or money order payable to COMMONWEALTH OF PENNSYLVANIA, to: ~L 062296187813982 Pennsylvania Department of Transportation Administrative Docket Clerk Bureau of Driver Licensing 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 PennDOT will notify you of the hearing date and time. All hearings are conducted in Harrisburg. Sincerely, ~ i;),.e~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 n.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TOD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmvstate.pa.us ", . .,:- \ . I I... \ 1 . REPORT OF THE CLERK OF COURTS SHOWING THE CONVICTION OR ACQUITTAL OF ANY VIOLATION OF THE VEHICLE CODe o AMENDED REPORT o DEFENDANT REQUESTS ADDRESS CHANGE Under Section 6323 of the Vehicle Code. it is mandatory that the Clerk of Courts report all violations of the Vehicle Code. fA DEFENDANT INFORMATION (TYPE OR PRINT ClEARL Y) NAME SEX DATE OF BIRTH fIRST WlLUAM J MIDDlE MICHAEL LAST HAKEN M MONTH ,~y IVEAR 3 1976 ADDRESS: I" P 0 800 NumNr ...... N used '" ~>On 10 _ .,;luaI aOdfeM IlUI QI1fSQI be uHQ as - only llCIClrns, 2301 WlLUAM VIEW DR CITY I STATE I lIP CODe SOCIAL SECURITY NUMBER HARRISBURG 1 PA I 17112 210151. 8181.15121511 DRIVER NUMBER STATE lICENSE PLATE NUMBER YEAR STATE Offense Occurred While Dnvingfrransporting 23828832 PA ONB-8676 PA o Commercial Vehicle o Hazardous Material o School Vehicle DOther Is VIOLATION INFORMATION - (The Vehicle Code . Act of June 17, 1976, P.L. 162 as amended) SEe nON lSU8SECT~IAUSf 81000 AlCOHOl CONTENT 1 Offense occuned In an active work zone? I Oftiter submitted aoadent report? lIKll B- .1.7' ~g a f<<J {!l t'B 0 f<<J (!l OA Tf OF VIOlATION DA TE Of CONVICTION ('" ) Box: 0 OA TE OF ACQUITTAL o NOllE PROSEOUI MONTH rlAY 2 } Yf~OO4 UO",,\O( lo",,( l y\.U\ tAQt>&"T~ 0.. Of ~ a 5 25 200& CHARGE VtOLAllON COMMITTED DATE LICENSE OR ACKNOWlEDGEMENT WAS SURRENDERED TO COURT OR DISTRICT ATTORNEY " speed \/lOIatJon. enter travelIng speed (ChecIc One) o Summary MONTH DAY YEAR and legal speed DUI: Hit" Rte of Ale (SAC .10- o F .Ungraded (!] U-Ungraded .16) tstOff OFl OMl OF2 OU2 OF3 OU3 C COURT INFORMATION COURT OF COMMON PLEAS COUNTY OF 21 E TREATMENT ORDERED (CHECK ONE) DYES (!J NO NUMBER CP.2~R-400169"2005 OTN L 282661-4 VEAR 2005 F SENTENCING INFORMATION o SIGNATURE AND DATE CERTIFIED THE UNDERSIGNED CERTifIES THAT THE FOREGOING IS A CERTIFIED RECORD OF A CONVICTION OR ACQUITTAlINOLLE PROSEQUI (check one) Defendant Sentenced to Pnson l!J VES 0 NO 0 TIME SERVED (checlc one) Must (,() for sections 3802(A)t1) and 3802(AJ(2) Was the defendant sentenced under Section 3804(81(1), Title 75 of the Vehicle Code? DVES {!] NO Send ThIs Form To Bureau of Dnver licensing. Clerk of Courts, POBox 60037, Harnsburg. PA 17106-0037 AOPC 2011 . 200& REV 0810112008 ::rI.3 CPCMS Printed 0810112006 2,918PM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing - Mail Date: MAY 31, 2006 WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR WID # 061446122024681 001 PROCESSING DATE OS/24/2006 DRIVER LICENSE # 23828632 DATE OF BIRTH 03/03/1976 HARRISBURG PA 17112 LICENSE IN BUREAU Dear MR. HAKEN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E21 of the Pennsylvania Vehicle Code. As a result of your 03/08/2006 conviction of violating Section 3802C of the Vehicle Code DUI BAC .16+ on 09/06/2005: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/26/2006 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. PRISON RELEASE REOUIREMENT The Court of DAUPHIN COUNTY, Court Number 4713, Court Term 2005 has sentenced you to serve a prison term for this violation. Pursuant to Section 1541 (a .1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennOOT is properly notified. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: ~ti 061446122024681 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof 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. APPEAL You have the right to appeal this action to the Court of Common Pleas ( Civil Division) wi thin 30 days of the mail date, MAY 31, 2006, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION_ Sincerely, ~ J::.:,,.e ftAfJ Janet L. Dolan, Director Bureau of Driver Licensing 061446122024681 SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 r., INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 :., ,. .. I t. u6i4~ 6i22 02466i REPORT OF THE CLERK OF COURTS SHOWING THE CONVICTION OR ACQUnTAL OF ANY VIOLATION OF THE VEHICLE CODe o AMENDED REPORT o OEFENOANT ReaUESTS ADDRESS CHANGE u..... SecIion 6323 of the VeNde Code. it Is mandatory that the Clerk of Courts report all violations of the Vehicle Code. }I.. OEFPOAHT INFORMATIOH (TYPE OR PRINT CLMRL V) :." . .- SEX DATE OF 8IRTH .~~, ~ -.lMM IIIaDlI M. lAST HAKEN M UDN1M 'IMY 1m. , 3 ' 3 .1 1fT' (A r. 0. ............., ......In.... to... &tuIt .......w eIMOt be UIId.. lie ...., 1IddrM&) . :... ..., ".b.!I.~_ DR ~ STATE ZIP COOE socw. SECURIlY NUMBER PA 17112 2101s'. "".15121.f1 ........ STATE ~~1'E.,..p YfAR STATE 0IIIMe0claulqd WhIt-~" ....,f$. 1f~ J3I2aJ2 PA DII8II1. PA [] Commercial VINcIe o HaIrdouI.... o School Vehicle OOttler DATE OF CONVICTION YEM 200S MCJtrm4 'tEAR 3 8 2008 VIOlATION COMMITTED DATE LICENSE OR ACICNOWUEDOEMiNT WAS MONTH IMY V!Att ......... -.........,.. ..... tpMd: .. .......... of Ale (lAC II"') *0If {CIredJ an.I OF~ OF1 (JF2 DF3 2S OSumlMly I!J M-Ungraded DM1 DM2 DM3 MONTH 4 DAY 1MA 2081 :.t . i{~. :: ~'.' :. I.~~.~ ' .~::. . ..' .. ....1 . ,. (." :-'~ . if~'.'. ;';" r....' t.~.. ' ;Co ~ .. COUR't ~""11011 OF com III. PLEAS 00UfnY Of 2Z YEAR 2001 I!JHO E TREA~ ORDERED{QllRfCOM!) [J YES . ONL ..... F IEIffENCIIG INPORMA..... (checIc one) Defendant Sentenced tG Priaon l!J YES a NO 0 TIME SERVED __TUM Me 1M. 0.,"" _~8IGfIIO CIR11FIU ,*T 11fE ~ .ACERTFIED MCORO OF A corMCTIOIle OR ACCltIf'ITAUNOU.E PROSEClUt .. / -j / /..1 I ,-"'llt'!- /. WA 1?1W! l-Ll,.i.!l ~1.' L: t -' J ~J.~f-~ -L..lJYL -..... r-' CIIrk ef Courta DlIIIt C8ftIftIcI c--..... ......,1 for lullM ",AX') -IIOJ(A)(I) w. .... defI.ndII\t ....RC.. ......... Sectton ~.,). 'ntIt 11 oftfte v..... Code? o YES I!J NO Send ThIs Fonn To: Bureau of DrIver Ucenatng, Clerk of Court', P.O. Box 80037, Hlrrtaburg. PA 1710fS.0037 :C. AGfC..a. 1lIIt<<ev.15I01/2OO1 ~s' CPCMS ~ 05I0112aC111t:5Cl:1tNet COMMONWEAlTH OF PENNSVlVANLO. DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG. PENNSVlVANLO. 17123 Date: September 15, 2006 CERTIFICATION STATEMENT ~..~ ~ ~uJ' 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: WILLIAM M. HAKEN, JR., 2301 WILLlAMSVIEW DRIVE, HARRISBURG, PA 17112 OPERATOR NO.: 23828632 DATE OF BIRTH: 3103176 CI.JI.SS 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 VIOlATION PARTIAL DRIVING RECORD FOR THE PURPOSE OF THIS APPEAL ONLY (FULL AUTOMATED CERTIFIED RECORD ATTACHED) 6/06/05 3802C Driving under the influence of alcohol Official notice of suspension, dated & mailed 5/31/06, or controtted substance highest rate of effective 4/26/06, for one year. alcohol .16+ 8/02/04 38028 Driving under the influence of alcohol Official notice of recatt of Occupational limited license or controlled substance high rate of dated & mailed 8/24/06. alcohol 8AC .10-<.16 Official notice of suspension, dated & mailed 8124/06, effective 5/09/07, for one year. Appeal taken, not restored, Court Order, the Department did not receive a properly docketed Petition for Appeal. . . 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 the subject listed above. ~ Jj~W DIRECTOR. BUREAU OF DRIVER LICENSING Information requested by: tv DATE:Se~ember15,2006 COMMONWEALTH OF PENNSYlVANIA ss: I hereby certify that Janet l. Dolan, Director of the Bureau of Driver LIcenslng of the Pemsylvanla Department of Transportation, Is th.e legal custodian of the Driverllcense records of the Pennsytvanla Department of Transportation. As the DIreetor 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 ~4-LJ.~ SEAL SECRETARY OF TRANSPORTATION - -------.-"" ~<o PAGE 1 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFIED DRIVING HISTORY SEP 15 2006 )RIVER: WILLIAM M HAKEN JR 2301 WILLIAMSVIEW DR HARRISBURG, PA 17112 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE 23828632 MAR 03 1976 MALE OCC LIM LIC DRIVER LICENSE (DL) COMMERCIAL DRIVER LICENSE (CDL) SUSPENDED CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS CDL RESTRICTIONS : CDL LEARNER PERMITS: CDL LICENSE STATUS NONE NONE LICENSE CLASS LICENSE ISSUE DATE: LICENSE EXPIRES )RIG ISSUE DATE ~D RESTRICTIONS LEARNER PERMITS LICENSE STATUS C MAR 10 2004 MAR 04 2008 MAY 13 1992 NONE SUSPENDED SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS : PL LICENSE ORIG ISS: PL LICENSE ISSUED PL LICENSE EXPIRES : PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE ~SS : C OLL LICENSE ISSUED : JON 27 2006 OLL LICENSE EXPIRES: MAY 09 2007 OLL LICENSE STATUS : OLL RECALL *** CONTINUED *** PAGE 2 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED . . .. - - - .----- - - ---- - - - - ---- ---- -----------------. - ---. -- - - ---.- ---- - -- ----------- lIOLATION DATE: iTI OLAT ION : JESCRIPTION: JDNVICTION DATE: !\CTION: ilIOLATION DATE: ilIOLATION: DESCRIPTION: :0NVICTION DATE: \CTION: \CTION: VIOLATION DATE: VIOLATION: DESCRIPTION: :0NVICTION DATE: \CTION: IlIOLATION DATE: IlIOLATION: DESCRIPTION: CONVICTION DATE: 1\CTION: REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS JUN 11 1994 VEHICLE CODE: 3112A3I RED LIGHT VIOLATION JUN 20 1994 ASSIGNED POINTS DEe 29 1994 VEHICLE CODE: 3323B STOP SIGN VIOLATION JAN 09 1995 POINT EXAM PASSED EXAM FEB 10 1995 FEB 16 1997 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 060 MPH IN A 035 MPH ZONE FEB 28 1997 ASSIGNED POINTS APR 26 1999 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 051 MPH IN A 025 MPH ZONE MAY 05 1999 ASSIGNED POINTS *** CONTINUED *** PAGE 3 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED 'IOLATION DATE: rIOLATION: )ESCRIPTION: ~ONVICTION DATE: .~CTION: ~CTION: ~IOLATION DATE: ~IOLATION: JESCRIPTION: :OMM VEHICLE: :X>NVICTION DATE: ~CTION: ~IOLATION DATE: \fIOLATION: DESCRIPTION: :OMM VEHICLE: ~ONVICTION DATE: A.CTION: VIOLATION DATE: VIOLATION: DESCRIPTION: COD VEHICLE: CONVICTION DATE: 1\.CTION: AUG 21 1999 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 079 MPH IN A 055 MPH ZONE AUG'30 1999 DEPARTMENTAL HEARING NO ACTION AS A RESULT OF A HEARING MAR 25 2006 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 085 MPH IN A 065 MPH ZONE NO HAZMAT: NO APR 06 2006 ASSIGNED POINTS CDL HOLDER: NO SEP 06 2005 VEHICLE CODE: 3802C MAJOR VIOLATION DUI BAC .16+ NO HAZMAT: NO CDL HOLDER: NO MAR 08 2006 SUSPENSION FOR 1 YEAR(S) EFFECTIVE APR 26 2006 OFFICIAL NOTICE MAILED MAY 31 2006 SEP 06 2005 VEHICLE CODE: 3361 TOO FAST FOR CONDITIONS NO. HAZMAT: NO CDL HOLDER: NO MAR 08 2006 SUSPENSION FOR 10 DAY(S) EFFECTIVE APR 26 2007 OFFICIAL NOTICE MAILED MAY 31 2006 *** CONTINUED *** PAGE 4 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED 'IOLATION DATE: 'I OLATI ON : JESCRIPTION: :DMM VEHI CLE : ~ONVICTION DATE: !\CTION: )L ACTION: ~ND OL ACTION: AUG 02 2004 VEHICLE CODE: 3802B MAJOR VIOLATION DUI BAC .10-<.16 NO HAZMAT: NO CDL HOLDER: NO MAY 25 2006 SUSPENSION FOR 1 YEAR(S) EFFECTIVE MAY 09 2007 OFFICIAL NOTICE MAILED AUG 24 2006 ***** ACTION AFFECTING OCCUPATIONAL LIMITED LICENSE ***** RECALLED EFFECTIVE AUG 24 2006 OFFICIAL NOTICE MAILED AUG 24 2006 *********************************************************** LICENSE RECEIVED APR 26 2006 .. - -- -- - -- -. -- - -. -- - ----- - - ----- -----------------... ---------- ---- --- ---- ---......... --- REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS -- --... ---... --.......................... -- --... ----------------- ------... ---- ---------... -.. ------- ------ NO MEDlCALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD ... --.......................................................... ---........ ---.. ----- ---- --..... -........ --........................................................... REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS .. .. .. .. .. .. ... .. .. .. .. .. ... ... .. ... .. ... .. .. .. .. .. .. .. .. .. .. .. .. - ... .. .. .. ~ ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. - .. .. .. .. .. .. .. .. .. .. .. .. .. .. *** CONTINUED *** PAGE 5 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED ~OTOR VEHICLE ACCIDENT RECORDS LISTED ON THIS OPERATING REPORT DO NOT [NDICATE FAULT FOR THE ACCIDENT. THE RECORD ONLY INDICATES THAT THIS [NDIVIDUAL OR THE INDIVIDUAL'S VEHICLE WAS INVOLVED IN AN ACCIDENT ON L'HE DATE LISTED. !-\.CCIDENT DATE: LOCATION: iTEHICLE TYPE: SEP 03 1997 DELAWARE CNTY PASSENGER ~CCIDENT DATE: LOCATION: iTEHICLE TYPE: SEP 06 2005 DAUPHIN COUNTY PASSENGER *** END OF RECORD *** '. ..' 14 PAGE 6 CERTIFIED DRIVING HISTORY - SEP 15 2006 - LICENSE NUMBER 23828632 CONTINUED IN COMPLIANCE WITH YOUR REQUEST, .1 HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, ~ iJ,.e~ SEAL DIRECTOR, BUREAU OF DRIVER LICENSING FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:SEP 15 2006 I HEREBY CERTIFY THAT JANET L. DOLAN, 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, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, ~kL).~ SECRETARY OF TRANSPORTATION SEAL WILLIAM M. HAKEN, JR., PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 06-5006, CIVIL COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL VERIFICATION I verify that the statements made in the Motion to Vacate Supersedeas 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. ~ ~( George H. ~usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, P A 17104-2516 (717) 787-2830 DATE: October 12,2006 WILLIAM M. HAKEN, JR., PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 06-5006, CIVIL COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion to Vacate Supersedeas 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: Richard R. Gan, Esquire 17 West South Street Carlisle, Pennsylvania 17103 ~ [6L- George H. ~usk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: October 12,2006 (l c t<...) C~~l .~~)~ CJ o -n -1 ., fil 2J ~~'.1J .> '. ) .........; N I 1.-'t (=.~\ ~~.:~ Cl nl . ) .:-1 :0 -< '......:::) CJI WILLIAM M. HAKEN, JR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING : NO. 2006 - 5006 CIVIL TERM : CIVIL ACTION - LA W ORDER OF COURT AND NOW, this 19TH day of OCTOBER, 2006, a Rule is issued upon Appellant to Show Cause why the Department's Motion to Quash should not be granted. Rule returnable ten (10) days after service. -- ""....-......;..-"'...~~ ,.........,. " ................"."''- Bfthe Court, ( Edward E. Guido, 1. Aichard R. Gan, Esquire krge H. Kabusk, Esquire :sld VlN'v'/\lASNN3d I I" 'no"""') flt,?,-(': I~HIAfn" I\..JJl "~"" . c'J~_._J1'f V s ~ :J I WV 6 J 130 900l AtN10NOH,l' OC,k'L",JW., ; .,', .dO 3013jO-{,I'1I~r ,., '" . WILLIAM M. HAKEN, JR. v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, BUREAU: OF DRIVER LICENSING : NO. 2006 - 5006 CIVIL TERM : CIVIL ACTION - LA W ORDER OF COURT AND NOW, this 19TH day of OCTOBER, 2006, a Rule is issued upon Appellant to Show Cause why the Department's Motion to Vacate Supersedeas should not be granted. Rule returnable ten (10) days after service. L.;;~urt) -~ ~ Edward E. Guido, J. ~d R. Gan, Esquire ~orge H. Kabusk, Esquire I :sld Oll \o,\f\' ,'- VlNV^lASNN3d ^lNnO~) (j~.;v1H38?-1nO 9t : II WV 6 J 130900l AWIONQH1OOd .3HJ. :iO 30f:HO-<Eit:l WILLIAM M. HAKEN, JR., PETITIONER OCT 1 frJ~06 IN THE COURT OF COMMON PLEAS" CUMBERLAND COUNTY, PENNSYLVANIA 7 ,. ";"1 v. No. 06-5006, CNIL COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this ;;.d,.A day of 1J ~ , 2006, upon consideration of the Department's Motion to Vacate Supersedeas, the Supersedeas granted by the tI ~ - ~. J..J.. ~ · ., ,,~.I--- Order of September 5, 2006 is hereb V ACA TED~ T ~ ~ r p..,.)..i' · · '. BY THE COURT J. D}STRIBUTION: ,;George H. Kabusk, Esquire, PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd, 1101 S. Front Street, Harrisburg, Pa. 17104-2516 .;Richard R. Gan, Esquire, 17 West South Street, Carlisle, PA 17013 0'\9 ~ :Y ~ ..'.V,jn8 7.10 ,( .." -0 82 'ION 9UOl