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Home My WebLink About06-5326 JOHN PAUL MULHOLLAN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CIVIL APPEAL FROM LICENSE TRANSPORTATION SUSPENSION PETITION OF APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES AND NOW, comes the Petitioner, John Paul Mulhollan, by and through his attorney, Douglas K. Marsico, Caldwell & Kearns, and file the within Petition of Appeal from Suspension of Driving Privileges, and in support thereof avers the following: 1. Petitioner is an adult individual residing at 1308 Mallard Road, Camp Hill, Cumberland County, Pennsylvania. 2. Your Petitioner is licensed as a motor vehicle by the Commonwealth of Pennsylvania, License No. 15966779. 3. By official notice dated August 11, 2006, your Petitioner received notification from the Commonwealth of Pennsylvania, Department of Transportation that his driving privileges were suspended for a period of 18 months. 4. The suspension was based upon an alleged refusal to take a chemical test on July 8, 2006. 5. Your Petitioner appeals the aforementioned suspension. WHEREFORE, your Petitioner prays this Honorable Court to schedule a hearing upon his appeal from his suspension of his driving license privileges and, upon hearing testimony, to vacate the suspension as imposed by the Department of Transportation. Respectfully submitted, By.,,Marsico, Esquire . No. 69804 Front Street Harrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Petitioner Date: V17 10,6 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with Certified, first-class postage, prepaid, as follows: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel 3`d Floor, River Front Office Center Harrisburg, PA 17104 B Respectfully submitted, Vsburg, No. 69804 ront Street A 17110-1533 61 - Phone (717) 232 - 2766 - Fax / Attorneys for Petitioner Date: c- /-) o 6 09/05/2006 20:21 FAY s m COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 11, 2006 JOHN PAUL MULHOLLAN WID # 062166187800425 001 1308 MALLARD RD PROCESSING DATE 08/04/2006 DRIVER LICENSE # 15966779 CAMP HILL PA 17011 DATE OF BIRTH 09/01/1953 fi Dear MR. MULHOLLAN: This is an Official Notice of the suspension of your Driving Privilege as authorized by Section 1547BIII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 07/08/2006: w • Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 09/15/2006 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession an or before 09/15/2006. You may surrender these items before, 09/15/2006, for earlier credit; however, you may not drive after these items are surrendered. 3 r YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. Passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you da not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: # a01 09/05/2006 20:21 FAY 062166187800425 Pennsylvania Department ?f Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDDT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDDT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. 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. 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 ?n the back of the application. 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 11, 2006, of this letter. If you file an appeal in the County Count, the Count will give you a time-stamped centifi.ed 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. You must return all current Pennsylvania driver license products to PennDOT by 09/15/2006. Z02 09/05/2006 20:21 FAX 062166187800425 Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing Z03 INFORMATION 8:00 a.m. to 6_:0,0 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 ll?ww V } RFC FT\7FD 5EP 1 4 2006 JOHN PAUL MULHOLLAN, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Off. s.3,?L C'tc.> - U?-T" COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF : CIVIL APPEAL FROM LICENSE TRANSPORTATION SUSPENSION ORDER AND NOW this 11-s day of ?, , 2006, upon presentation of the attached Petition, hearing de novo is GRANTED to determine whether the actions of the Department of Transportation in suspending the driver's license of the Petitioner should be set aside. an ecre The hearing in this matter has been scheduled for , 2006 at ?e g,kA- o'clock in Court Room No. Cumberland County Courthouse, Carlisle, Pennsylvania. Sa C? C7? lS I%Zt cC YI ?IUU R T: c e-AcAf re-? u1red bI S 1 J L -11? . %21-010 t4,1 oul OA/ - a } C c?1 te - L Up C%J . CL- ' G:w?- L t i t LID tj- crr JOHN PAUL MULHOLLAN, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 06-5326 CIVIL TERM IN RE: PETITION OF APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES ORDER OF COURT AND NOW, this 7 h day of December, 2006, upon agreement of counsel, the hearing previously scheduled in the above matter for December 18, 2006, is rescheduled to Thursday, April 5, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Douglas K. Marsico, Esq. 3631 North Front Street Harrisburg, PA 17110-1533 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BY THE COURT, George Kabusk, Esq. Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc 81 :Z IN L-- 838 9001 314.44 JOHN PAUL MULHOLLAN, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-5326 CIVIL TERM IN RE: PETITION OF APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES ORDER OF COURT AND NOW, this 29th day of March, 2007, upon agreement of counsel, the hearing previously scheduled in the above matter for April 5, 2007, is rescheduled to Thursday, July 26, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. vl ouglas K. Marsico, Esq. 3631 North Front Street Harrisburg, PA 17110-1533 Attorney for Petitioner BY THE COURT, LAv ?/' J. Wesley 0195X., 'CAorge Kabusk, Esq. Assistant Counsel `i Commonwealth of Pennsylvania Department of Transportation Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc ?? o'?`? +? v Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Petitioner JOHN PAUL MULHOLLAN, N THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-05326 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CIVIL APPEAL FROM LICENSE TRANSPORTATION SUSPENSION PRAECIPE TO WITHDRAWAL APPEAL TO THE PROTHONOTARY OF SAID COURT: On behalf of Petitioner, John Paul Mulhollan's, please withdrawal the Appeal from Suspension of Driving Privileges in the above-captioned case. B Respectfully submitted, a? iarsico, ?sq tt 17D . No. 69804 363 oront Street Harrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Petitioner Date: 7 /? J C CERTIFICATE OF SERVICE AND NOW, this J_ __ day of , 2007, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: George Kabusk, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel 3`d Floor, River Front Office Center 1101 South Front Street Harrisburg, PA 17104-2516 CALDWELL & KEARNS 120066 By_ c7=1 1 ? JOHN PAUL MULHOLLAN, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5326 CIVIL TERM IN RE: PETITION OF APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES ORDER OF COURT AND NOW, this 31" day of July, 2007, upon consideration of the praecipe to withdraw appeal filed on July 18, 2007, the hearing scheduled in the above matter for July 26, 2007, is cancelled. ?L"'aglas K. Marsico, Esq. 3631 North Front Street Harrisburg, PA 17110-1533 Attorney for Petitioner Xecorge Kabusk, Esq. Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc J BY THE COURT, VINVWQ?SNMd L, orgintC r.,, -r-r; ?P, Wn o ? s :Oi wn ! - gnv Loon AdVIOtivi- iOdd 3Hl n 30N40-om