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Home My WebLink About02-4819 NATHAN C, WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF PHONG V. NGUYEN Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 02-'IP'? CIVIL TERM . . COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent . . : . . : LICENSE SUSPENSION APPEAL . . PETITION AND NOW comes the petitioner, PHONG V. NGUYEN, by and through his attorney, Nathan C. Wolf, Esquire, and appeals the suspension of his driving privilege and avers as follows: 1. Petitioner is Phong V. Nguyen, an adult individual residing at 350 B Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. On or about August 22, 2002, after hearing on matter, petitioner was found guilty of violating section 18 Pa.C.S.A. g3345A by District Justice Paula Correal. 3. On or about August 30, 2002, petitioner filed a timely appeal of the conviction with the Clerk of Courts of Cumberland County, which appeal is docketed at 2002- 01906, a hearing has not yet been scheduled for this matter. 4. On or about September 2, 2002 petitioner received a notice from the Respondent, the Pennsylvania Department of Transportation, Bureau of Driver Licensing, informing him of his suspension. A true and correct copy of the notice of license suspension is attached hereto as Exhibit "A". 5. Petitioner objects to this license suspension on grounds that the result of the summary appeal from the conviction may render the license suspension moot and as a result petitioner would suffer significant harm if he is forced to undergo the suspension period during the pendency of his summary appeal, which would significantly impact his ability to travel to and from his employment. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order scheduling a hearing on the foregoing matter, and staying any action by the Respondent pending the outcome of this action. RESPECTFULLY SUBMITTED, October 2, 2002 NATHAC~ WOLF, ESQUIRE , SUP ME COURT ID 87380 ATTORNEY FOR PETITIONER 35 EAST HIGH STREET SUITES 201/202 CARLISLE, PA 17013 (717) 243-6090 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 02, 2002 PHONG VAN NGUYEN 350 B STREET WID t 022389283564159 001 PROCESSING DATE 08/26/2002 DRIVER LICENSE t 26097859 DATE OF BIRTH 01/07/1981 CARLISLE PA 17013 Dear MR. NGUYEN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1535 of the PennsYlvania Vehicle Code, As a result of your 08/22/2002 conviction of violating Section 3345A of the Vehicle Code. PASSING A SCHOOL BUS. on OS/24/2002: . Your driving privilege is SUSPENDED fo~ a pe~iod of 60 days effective 10/07/2002 at 12:01 a.m. . PennDOT is required by law to assign 5 points to your driving record. - Before PennDOT can restore your driving privilege. yoU must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL inst~uctions ve~y ca~efully. Even if yoU have se~ved all the time on the suspension/~evocation, we cannot ~esto~e YOU~ d~iving p~iv- ilege until all the ~equi~ements a~e satisfied. 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 on or before 10/07/2002. You may surrender these items before. 10/07/2002, for earlier credit; however, you may not drive after these items are surrendered. 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 iden- tification (e.g.. birth certificate, valid U.S. passport. marriage certificate. etc.) in order to obtain your photo identification card. \.''\ U.;-/IBit " f1" 022389283564159 You will not ~eceive 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 do not have any of these items, send a sworn nota- rized 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' 5 license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of 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, PennDOT will send YOU a receipt con- firming the date that credit began. If YOU do not re- ceive a receipt from us within 3 weeks. please contact our office. Otherwise, yoU will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If YOU do not return all current driver license pro- ducts. 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 on the back of the application. , 022389283564159 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 in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in PennsYlvania. Impo~tant: Please make sure that move from your current address, your address change by calling listed at the end of this letter. PennDOT You may any of is notified if you notify PennDOT of the phone numbers APPEAL You have the right to appeal this action to the Court of Common Pleas <Civil Division) within 30 days of the mail date, SEPTEMBER 02. 2002, of this letter. I'f YOU 'file an appeal in the County Cou~t, the Cou~t will give YOU a time- stamped ce~ti'fied copy o'f the appeal. In order for your appeal to be valid, yoU must send this time-stamped certi- fied 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 10/07/2002. Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 7:00 a.m. to 9:00 P.m. 1-800-932-4600 TDD IN STATE 717-391-6190 TDD OUT-OF-STATE www.dot.state.pa.us 1-800-228-0676 717-391-6191 NATHAN C, WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243,8090 ATTORNEY FOR PLAINTIFF PHONG V. NGUYEN Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 02- CIVIL TERM : COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent . . : . . . . : LICENSE SUSPENSION APPEAL . . CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have, this date, served a true and correct copy of the foregoing petition upon the following person and in the matter indicated: SERVICE BY CERTIFIED MAIL: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: /~ //, ^, l 7 / ?;/ ;~/ y- v~ _'_ -- IRWIN LAW OFFICE -d' , / c/1.// ~ _k/ ~/ NATH WOLF, ESQUIRE S EM COURT ID 87380 A EY FOR PETITIONER 35 EAST HIGH STREET, SUITES 201/202 CARLISLE, PA 17013 (717) 243-6090 NATHAN C, WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF PHONG V. NGUYEN Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent : IN THE COURT OF COMMON PLEAS OF : CUMI;JERLAND COUNTY, PENNSYLVANIA . . : NO. 02. 4Ptf CIVIL TERM . . . . . . . . : LICENSE SUSPENSION APPEAL . . . . ORDER OF COURT AND NOW this -tfi day of 6 <. U t' ') ,2002, upon consideration of the instant petition, it is hereby ordered and decreed that this matter be scheduled for hearing on the ;tIlt daYOf~JlA../2002 atL: ~ o'clock,A:m., at Courtroom --,-, Fourth Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. Furthermore, a Supersedeas is granted pursuant to Section 1550(b)(1) of the Motor Vehi.rle Cod77 pefDding this Court's resolytion of th,is appea~ ~ t QJ7 (1 fa lite. e..)(...Tud iVll. 51.je.~ $uFvs..~dc.2~ Is;. ~z)7J2.r~J ~'112'<.J. BY THE COURT: , ! l c~ Department of Transportation, Office ( f Chief Counsel ~athan C. Wolf, Esquire ~ 4.o~ '(. \O'""Q JIn,u~LUI #}()'-() Tol r/~). M/ / / I' ,./ /' / ;, / I //[/ ~ 'J. \ol\",\~,\\"S~~~3C 1"\ 'I 'I';.." r',-';r'r":::fi~~(I,J ~,\\f\J ' \. ," ^ .'1 \),\ <3- ~J\}~\) \ ;\ .(",.- .;.0 \ \J\l \ C~',:,\, j":\ ".,,~:,,--\ \ 1 f\U<'> ':'''r'\j,..\:\''\\:! \0 :;....J\_'~ -- PHONG V. NGUYEN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 02-4819 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 10lh day of December, 2002, upon agreement of counsel, the hearing previously scheduled for December 19,2002, is continued to Thursday, February 13, 2002, at 10:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, .( Nathan C. Wolf, Esq. 35 East High Street Suites 201/202 Carlisle, P A 17013 Attorney for Petitioner (\ t a'pJ '~ ~ R)\~ ) ;2.1 b).-O C).,. '/ --.' . ... VlNVI\1J.SNN3d J.J.NnCXi Clh:I;!J:-:J38fNno S / :Z (eM I I J30 20 ,".jU / George Kabusk, Esq. Office of Chief Counsel Pennsylvania Department of Transportation Third Floor, Riverfront Office Center 1101 S. Front Street Harrisburg, P A 17104-2516 Attorney for Respondent :rc NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF PHONG V. NGUYEN Petitioner Y. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 02-4819 CIVIL TERM . . . . . . . . . . : LICENSE SUSPENSION APPEAL . . . . PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Kindly mark this petition appealing suspension of the petitioner's driver's license withdrawn, on the basis that the Commonwealth of Pennsylvania, the Department of Transportation, Bureau of Driver Licensing has corrected the petitioner's offical driving record of the petitioner and has removed the suspension. Furthermore, petitioner requests that the hearing scheduled for February 13, 2003, at 10:30 a.m, in Courtroom 1, before the Hon, J. Wesley Oler, be cancelled. January 15, 2003 Distribution: Hon. J, Wesley Oler George J. Kabusk, Esquire for Respondent Nathan C, Wolf, Esquire for Petitioner Respectfully submitted, __C"?4 W" ./ '/ N F, ESQUIRE () c ~ v;";"~ 111 i-?; ~Fr.:-.; ~;i: ":.:~ - ~:~~ -< o w ~ \"...'- :l.::>o ..>.,,.... 0IIl:I;~_ ;[1 1,"'11 ;(:J Ui .:.v :::l (,:) ._i (~) TJ ,::n (') -: ;"TJ ~'~i "t:o-. =.lJ -< PHONG V. NGUYEN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 02-4819 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 17th day of January, 2003, a Praecipe To Withdraw Appeal having been filed on January 15, 2003, the hearing scheduled for February 13, 2002, is cancelled. BY THE COURT, Nathan C. Wolf, Esq. 35 East High Street Suites 2011202 Carlisle, P A 17013 Attorney for Petitioner ~ .,,>>vt<.d~ I - ;J I. OJ ~, t I" ,\: i' " -, George Kabusk, Esq. Office of Chief Counsel Pennsylvania Department of Transportation Third Floor, Riverfront Office Center 110 1 S. Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc