HomeMy WebLinkAbout95-04469
LARRY LYNN SHAULIS
: IN TI IE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-4469 CIVIL TERM
COMMONWEALT" OF PENNSYLVANIA:
DEPARTMENT OF TRANSI'ORTA nON
BUREAU OF DRIVER LICENSING : CIVIL ACTION - LA W
ORDER OF COURT
AND NOW this M't/Jy of Murch, 1997, a continuance Is grunted, indefinlte,in the
above referenced mailer. Currently, this mUlier Is scheduled to be heurd on Murch 21, 1997 at
10:00 a.m. In Courtroom Number I of the Cumberland County Court of Common Pleas. Lastly.
the Petitioner, Larry Lynn Shaulis, shall notify the I'ennsylvanla Department ofTransportatlon
Bureau of Drivers License. Immediately upon receipt of any notification that his petition for
appeal now pending before the Pennsylvania Supreme Court has been ruled upon, At that time,
the pending license suspension hearing shall be rescheduled,
UY TilE COURT.
ec: Larry Lynn Shaulis
Arthur Oils, Esquire
George Kabusk, Esquire,
I)epartment of Transportation
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PAUL BRADFORD ORR
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78 Wc.II'"",f,,,1 St",c1
Carll.I.., I' ^ 171113
Teleph"n. (717) 258.8558
T.I.f.. (717) 243.0061
Morch I R, 1997
The Honorable Harold E. Sheely, Presldelll Judge
Cumberland County Courthouse
I Courthouse Square
Carlisle. PA 17013
RE: Larry Lynn Shaulis v, Commonweallh of Pennsylvania, el 01
No: 9S-4469 Civil Term
Dear President Judge Sheely:
Please be advised, that I now represent Larry Lynn Shaulis In the above captioned mailer. Furthermore,lhls
shall confirm a conversation belween myself and George Kabusk. Esquire, allorney for the Pennsylvania Department of
TransportAtion, Bureau of Driver Licensing, whereby on Tuesday, March 18, 1997 II was agreed upon between the
parties that a continuance request by Larry Lynn Shaulis would nol be opposed by the Commonweallh due to his
pendlna Petillon for Appeal filed with the Pennsylvania Supreme Court's Prothonotary's office In December of 1996.
Lastly, II was agreed upon belween the parties thatlmmedlalely upon nollficatlon by the Pennsylvania Supreme
Court thallhe pelltion for appeal has either been denied or granled, such notice shall be given to all panics,
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PAUL BRADFORD ORR, ESQUIRE
PBO:ss
Enclosure
cc: Larry Lynn Shaulis
Arthur Oils, Esquire
George Kabusk, Esquire
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ATTORNEYS AT LAW
EXECUTIVE HOUSE
SUITE II
101 SOUTH SECOND STREET
HARRISBURG, PENNSYLVANIA 17101
PHONE: (7171233.1743
ARTHUR K, OILS
JOSEPH J, DIXON
DIANE M. RUPICH
December 4, 1996
The Honorable Harold E. Sheely
President Judge of
Cumberland County
Cumberland County Court HOUBe
One Court House Square
Carlisle, PA 17013
RE: Larry Lynn Shau
Department of Tran
N
Dear Judge Sheely:
Pursuant to the Order of Court datod October 1 B, 1995 in the
-
above captioned matter, enclosed U !! ~ 91 the .!.!!I!lll, this
ia to notify your Honorable Court that the Appeal to the Superior
Court filed on behalf of Larry Lynn Shaulis has been denied
aa of November lB, 1996.
However, I appeared with Mr. Shaulis before The Honorable Kevin
A. Hess on Tuesday, December 3, 1996 and at that time', Judge
Hess permitted Mr. Shaulis ten (10) days in which to file a
Petition for Allowance of Appeal to the Pennsylvania Supreme
Court. As of this date, Mr. Shaulis has retrieved hiB file
from my office and has indicated that he will be seeking counsel
elsewhere to pursue the Petition for Allowance of Appeal to
the Pennsylvania supreme Court.
letter to Attorney George Kabusk,
Pennsylvania, Department of
aware of the outcome of the Appeal
I am sending a copy of thiB
of the commonwealth of
Transportation, so that he is
to the Superior Court.
Thank you for your cooperation and assistance in this matter.
AKDlkjrn
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ce: George Kabusk, Esquiro
Larry Lynn Shaulis
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LARRY LYNN SHAULIS,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-4469 Civil Term
VB.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
OaDIR or COOR'I'
It/f.. day of Ge, rl Rt'L.
Arthur K. DUs, and with acquie.cence in eald reque.t by the
counsel for the Commonwealth of penn.ylvania, Department of
Tran.portation, George Kabu.k, E.quire, it is hereby Ordered
that the hearing scheduled for october 18, 1995 at 9100 a.m.
concerning the Appeal from Su.pen.ioD of Motor Vehicle Operating
PrivUeges is hereby continued, the purpose of the continuance
1& to await the Appellant' e criminal appeal before the Superior
Court for the Middle Di.trict of Penn.ylvania.
Arthur K. Dila, Eaquire, counael for the Appellant, is
hereby Ordered to notify this Court and counsel for the
Commonwealth of Pennsylvania, Department of Transportation within
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forty-eight (48) hour. aft.r the date of learning the outcome
of the superior court App..l, .0 that if necelSary, the APpeal
matter b.for. thi. court can be dlcidld.
In accordance with thi. court'. Order dated Auguet 25,
1995, the Itay .hall continue.
BY THE COURT I
Ordered that a hearing ahall be held
the ~ day of (J,.:f.kli1-
in the Courtroom No. ~
of the cumberland county Court
,
1995,
LARRY LYNN SHAULIS,
Appellant
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. ')
No. 7f 4 ~((1 (I( Ll'l t '... (It n'-
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
AND NOW, this
ORDER OF COURT
a.ljl/.,day of Qv.....~t
upon presentation and consideration of the within Appeal From
Suspension of Motor Vehicle Operating
Privileges, it is hereby
on w,JAJ,-,tlAY
, 1995 at 'f;OtJ -1...M.
,
House, One Court Houae Square, Carlisle, Pennsylvania.
It is further Ordered that the Attorney for the Appellant
shall serve a certified copy of this Order of Court and Appeal
upon the Appellee.
All proceedings to stay in the meanwhile.
BY THE COURT I
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LARRY LYNN SHAULIS,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
APPEAL FROM SUSPBNSION OF MOTOR VBHICLB
OPBRATING PRIVILBGBS
AND NOW, thiSof/ day of Au~ust, 1995, comes the Appellant,
Larry Lynn Shaulis, by his Attorney, Arthur K. DUs, Esquire,
and respectfully requests the following:
1. Your Appellant, Larry Lynn ShauliS, is an adult individual,
who currently resides at 431 Old State Road, Gardners, cumberland
County, Pennsylvania, 17324.
2. The Appellee is the commonwealth of pennsylvania, Department
of Transportation, Bureau of Driver Licenaing, with its office
located at Room 103, Transportation and Safety Building,
Harrisburg, Pennsylvania, 17120.
3. Attached hereto and marked Exhibit "A" is a copy of an
official notification L~om the Appellee informing your Appellant
of his suspension of his motor vehicle operating privllegea
for a period of six months as a result of a violation of section
13A30 of the Pennsylvania Motor Vehicle Code, Delivery of
Controlled Substance.
4. Your Appellant, Larry Lynn Shaulis, was found guilty by
a jury of the charge of delivery of controlled substance I
however, post-sentencing Motions were timely filed on his behalf
and are currently pending before Your Honorable Court, the Court
of Common pleas of cumberland county.
5. The Appellant's Appeal is not frivolous and consists of
valid appeal issues.
6. Your Appellant has an absolute right to file his Appeal.
7. Until the Appellant has exhausted all of his rights to
appeal, it is averred that a suapension of his motor vehicle
operating privileges would result in an injustice upon him.
WHEREFORE, Your Appellant respectfully requesta Your
Honorable Court to grant his Appeal from Suspension of Motor
Vehicle Operating privileges, and to Order that said suapension
ohall not become effective until your Appellant has exhausted
all of his appeal rights.
submitted,
BY:
rt
1 South Second Street
Harrisburg, PA 17101
(717) 232-9724
J.D. No. 07056
-2-
COHHONWEALTH OF PENNSYLVANIA
DEPARTHENT OF TRANSPORTATION
Bur.au of Driv.r Lic.nsing
Harrisburg, PA 17125
JULV 26, 1995
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LARRY LVNN SHAULIS
~31 OLD STATE RD
'S11~a~330D~3'D 001
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GARDNERS PA
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Dur Hotorht I
A. a r..ult of ~our conviction an D6/27/1995 of violating
S.ct1on llAID of the V.h1cl. Cad., DELIVERV OF CTRL SUI an
01/Dl/1994. ~our driving pr1vileg. 1. being SUSPENDED far a
p.riod of 6 HONTH(S) a. .andat.d b~ Sact10n 1552C of thl Ve-
hich Cad..
In ord.r to caapllf with thh sanction lfOU ar. required to
r.turn anlf curr.nt dr1v.r's lic.ns.. 1.arner's per.it and/or
t.aporar~ dr1v.r's l1c.ns. (ca.era card) in ~our pa.....ion
no lat.r than the .ff.ctiv. date list.d. If lfOU cannot ca.-
pl~ with the requir...nts stat.d abav., lfOU Ire requ1r.d to
.ub.it a DL16LC Far. or a l.tter acknowl.dg1ng the sanction
of lfour driving priv1l.g.. Fa1lur. to coapllf with this no-
tic. shall r..ult in this Bur.au r.f.rring this .atter to the
P.nnllflvania Stlt. Polic. for pro3.cution und.r SECTION
1571(1)(4) of the V.h1cl. Cad..
Although the law IIIlndat.s that lfour Ilrlving privU.ge 11 UlI-
d.r susp.ns1on .v.n if lfOU do not surr.nd.r lfour HClnl.,
credit wlll not b.gin unt 11 all curr.nt driv.r' s l1c.n..
product(s), the DL16LC Forlll, or a l.tt.r acknowl.dging lfour
sanction is r.c.iv.d in this Bur.au.
WHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEHENT,
WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT
WITHIN 15 DAVS CONTACT THE DEPARTHENT IHHEDIATELV. OTHERWISE,
YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION.
Effective Date of suspension I 08/30/1995, 121Dl a.lII.
Pl.ase se. the enclosed application for restoration f.. in-
forlllation.
Exhibit "A"
951848455002590
-.--
You have the right to appeal the Department's action to the
Court of COMMon Pleas (Civil Division) within 3D da~s of the
mail date (JULY 26. 1995) of this notice. PLEASE NOTE that
this Civil Appeal is in addition to an~ appeal ~ou have to
file from the criminal conviction. You must follow the in-
structions listed below according to ~our individual situ-
ationl
1. PENNSVLVANIA RESIDENT - If ~ou are a resident of
Penns~lvania. ~ou must file an appeal with the Court of Com~
mon Pha. in the Count~ of ~our residence. Sending a cop~
of the eppeal which ~ou filed with the Court. to the Depart-
ment. will postpone the Depart.ent's action pending a fina~
deci.ion b~ the Court if the applal wa. filed within the re-O
quired 50 da~s. Howevar. i f ~our privUege to operate a
commercial Motor vehicle ha. been DISqUALIFIED, a signed
.upersedeas b~ the judge must acco.pan~ ~our appeal.
I. NON-RI.IDINT - If ~ou are not a resident of Penns~lvania,
~ou Must fill an appeal with the Court of COMMon Pleas in the
Penns~lvania Count~ where the violation occurred. Slnding a
cop~ of the appeal which ~ou fUed with the Court. to the
DepartMent. will postpone the Department's action plnding a
final dlclsion b~ the Court if thl appeal was filed within
the required 3D da~s.
THI APPEAL MUST IE SINT IY CERTIFIID MAIL TOI
PINNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
ROOM lOS, TRANSPORTATION. SAFETY BUILDING
HARRISBURG, PA. 17120
Sincerel~.
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Douglas K. Tobin. Director
Bureau of Driver Licensing
Dated, August 21, 1995
VUIPICA'l'ION
I v.rify that the .tat.ment. made in this Appeal from suspension of
Motor Vehicle Operating Privilegeare true and correct. I undentand
that fal.e .tat.ment. herein are made .ubject to the penal tie.
of 18 Pa. C.B.A. SOD4, relating to un.worn falaitication to
authoritie..
LARRY LYNN SHAULIS,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-4469 Civil Term
vs.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
ORDER OF COURT
AND NOW,
rfl
this r ~ day of
, 1995, upon
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a telephonic conference request by counsel for the Appellant,
Arthur K. Dila, and with acquiescence in add request by the
counsel for the commonwealth of Pennsylvania, Department of
Transportation, George Kabusk, Eaquire, it is hereby Ordered
that the hearing scheduled for October 18, 1995 at 9:00 a.m.
concerning the Appeal from Suspenaion of Motor Vehicle Operating
Privileges is hereby continued I the purpose of the continuance
is to await the Appellant I s criminal appeal before the Superior
Court for the Middle District of Pennsylvania.
Arthur K. Oils, Esquire, counsel for the Appellant, is
hereby ordered to notify this Court and counsel for the
Commonwealth of Pennsylvania, Department of Transportation within
..
.
forty-eight (481 hours after the date of learning the outcome
of the superior Court Appeal, so that if necessary, the Appeal
matter before this Court can be decided.
In accordance with this court's Order dated August 25,
1995, the stay shall continue.
BY THE COURT:
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COMMONWEALTH OF PENNS\'LV ANIA
DEPARTMENT OF TRANSPORT A TION
OFFICE OF CIIIEF COUNSEL
VEIIICLE.. TRAFFtC LAW D1VIStON
RtVERFRONT OFFICE CENTER
1101 SOUTIl FRONT STREET
IlARRtSBURG, PENNSVLVANIA 1710+2516
(71717.7.2130
FAXI (7171705-1122
Februlry n, 1997
The Honorable Harold E, Sheely
President Judge
Cumberland County Counhouse
I Counhouse Square
Carlisle, PA 17013-3387
REI Commw. of Pa" DOT, DDL v, Larry Lynn Sbaulls, Cumberland County Case 4469.1995,
CIvil
Dear Judge Shecly:
I refcr you 10 the above menlioned license suspension appeal. Pursuant to the Order of Coun daled
October 18, 1995, the above mentioned case was continued pending the outcome of the motorist's appeal
to the SuperiorCoun and Mr, Oils was to notify the Court of the outcome of the Superior coun sppeal, so
Ihatlfnecessory, the Appeal before this coun can be decided, See allached Order,
Mr, Oils notificd this 1I0norable Coun by leller dated December 4, 1996, that the appeal to the
Superior coun has becn denlcd as of November 18, 1996, See ollached teller,
I respectfully request thotthis moller be scheduled for hearing.
Sincerely,
~ I~C
George l~bUSk
Assistant Counsel
G\lK/gk
Enclosures (2)
Cc: frank noch, Assistont Cllunsclln Chorge, Driver Licensing Sectilln
Anhur K, Ulls, Esquire, Eseclltlvc \Io11se, Suite #1,101 South Second Strecl, Harrisburg. Po.
17101
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ATTORNEYS AT LAW
EXECUTlIIE HOUSE
SUITE II
101 SOUTH SECOND STREET
HARRISBURG, PENNSYLIIANIA mOl
PHONE: (717123,..741
ARTHUR K, OILS
JOSEPH J, DIXON
DIANE M, RUPICH
December 4, 1996
The Honorable Harold E. Sheely
President Judge of
Cumberland County
Cumberland County Court. House
One Court House Square
Carlisle, PA 17013
REI Larry Lynn Shaulia v. Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing
No. 95-4469 Civil Term
Dear Judge Sheely I
Pursuant to the Order of Court dated october 18, 1995 in the
above captioned matter, enclosed is a copy of the same, this
is to notify your Honorable Court that the Appeal to the Superior
Court filed on behalf of Larry Lynn Shaulis haa been denied
as of November 18, 1996.
However, I appeared with Hr. Shaulis before The Honorable Kevin
A. Heaa on Tuesday, December 3, 1996 and at that time, Judge
Heas permitted Hr. shauUa ten (101 days in which to file a
Petition for Allowance of Appeal to the Pennsylvania supreme
Court. As of thia date, Mr. Shaulia has retrieved his file
from my office and has indicated that he will be aeeking counsel
elsewhere to pursue the Petition for Allowance of Appeal to
the Pennaylvania Supreme Court.
I am sending a copy of this
of the Commonwealth of
Transportation, ao that he is
to the Superior Court.
Thank you for your cooperation and aaaistance in thia matter.
letter to Attorney George Kabuskl
Pennsylvania, Department ot
aware of the outcome of the Appeal
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Larry Lynn Shaulia
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LARRY LYNN SHAULIS,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. gS-446g Civil Term
VI,
COMMONWEALTH or PENNSYLVANIA,
DEPARTMENT or TRANSPORTATION,
BUREAU or DRIVER LICENSING,
Appellee
OJDD or COUIl'l'
thil IK't. day of (}(1 a ()..VI.-
Arthur K. DUI, and with acqulelcence in ..id requelt by the
coun..l for the COlUlonweelth of Penneylvania, Department of
TranlportaUon, aeorge Kabulk, Ilquire, it il hereby Ordered
that the hearin9 Icheduled for October 18, 1US at glOO a,lII.
concernin9 the Appeal froa SUlpenlioD of Motor Vehicle Operating
PrivUeves i. hereby continued, the purpo.e of the conUnuance
i. to await the Appellant'. crl.inal appeal before the Superior
Court for the Middle Dletrict of Penn.ylvania.
Arthur ~. Dile, E.quire, coun.el for the Appellant, i.
hereby Ordered to notify thl. court and coun..l for the
Commonwealth of Penneylvania, Department of Traneportation within
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Corty-.ight (48) hour. aft.r the dlte of l.uning the outcom.
of the Superior Court Appell, .0 thlt 11 n.c...uy, the Appeal
matt.1' b.fore thi. court oln be d.oid.d.
In accord.nce with thi. Court I. Order d.ted Augullt 25,
1995, th. .tay .hall continue.
I' THI COURTI
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LARRY LYNN SHAULIS 1 IN THB CDURT OF CDMMON PLIAS OF
1 CUHBBRLAND COUNTY, PBNNSYLVAHIA
V. 1
1
CONMONWBALTH OF PBNNSYLVAHIA, 1 ND. 95-4469 CIVIL TBRM
DIPARTMlNT OF TRANSPORTATION, 1
BURIAU OF DRIVlR LICBNSING 1
1 CIVIL ACTION - LAW
ORDBR OF COURT
AND NOW, thi. 20th day of FBBRUARY, 1997, a hearing i.
.cheduled in the above captioned ca.e for Friday, March 21, 1997,
at 10100 a.m. in Courtroom' 1.
By the Court,
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B ld I. heely, P.J.
Larry L. Shauli.
431 Old State Rd.
Gardner., Pa. 17324
Arthur Dil., I.quire
Georg. Xabu.k, I.quire
D.partment of Tran.portation
add
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ATTORNEYS AT LAW
EllECUTIVE HOUSE
SUITE .1
101 SOUTH SECOND STREET
HARRISBURG, PENNSYLVANIA 17101
PHONE: t717l 21,..741
ARTHUR K, OILS
JOSEPH J, DillON
DIANE M, RUPICH
February 24, 1997
The Honorable Harold E. Sheely
President Judge
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
RE: Commonwealth of Pennsylvania, Dept. of Transportation v.
;, Larry Lynn ShauUa
No. 4469 - 1995
Appeal from License suspension
Dear Judge Sheely:
In reply to Attorney George II. Kabusk's letter to you dated
February 12, 1997 in the above captioned matter, pursuant to
his enclosures, I am no longer representing Larry Lynn Shaulis.
It is respectfully requested that when the hearing is scheduled,
that notice be directed to Larry Lynn Shaulis at his addreas
of: 431 old State Road, Gardnera, Pennsylvania, 17324.
Thank you for your cooperation i~ this matter.
AKD:kjm
cc: George H. Kabusk, Esquire
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AnllRNEYS AT L/IW
EXECUTIVE HOUSE
SUITlII
101 SOUTH SECQljQ STREET
HARIIISlUIIO, PkNNSYlVANIA 11101
Office of Chief Counsel
Commonwealth of Pennoylvania
Department of Transportation
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSI'ORTATION
BUREAU OF DRIVERS LICENSING
Appellee
: IN TIll! COURT OF COMMON I'LEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
LARRY LYNN SHAULIS,
NO, 95-4469 CIVIL
Appellant
: AI'I'EAL FROM DRIVERS LICENSE
: SUSI'ENSION
I'RAECIP"~ TO WITIIDRAW
PREVIOUSLY ......ED APPEAL
AND, this 23rd day of January 1998, the above Pethioner, LARRY LYNN SHAULIS, by and
through his allorncy, Paul Bradford Orr, Esquire. respectfully request the Court to whhdraw his
prcvlously tilcd appeal in the above rcferenced mallcr, This is due to the fact that the Jletltion for
Allocator tiling In thc Pennsylvania Supremc Court on hchalf of Appellant has hccn dcnied and by
agrccment hctwccn Gcorge Kabusk. Esquire. of the Pennsylvania Dcpartment of Transportation and
Pcthloncr's allorney, Paul Bradford Orr. Esquire. Ihatthere are no further outslanding issucs for
appeal.
DATE: January 27, 1998
1'1Iul BradlilTd Or . Esquirc
Allorncy fur LlIrry Lynn Shllulis
78 Wcst I'llInfrct Strect
ClIrllsle,I'A 17013
(7 \7) 258-8558
Suprcme Court II> No, 71786
cc: Gcorgc Kllbusk, Esquirc
LlIrry Shllulls