HomeMy WebLinkAbout02-5054/ Appellant
VS,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
: File No.
Commonwealth of Pennsylvania
Department of Transportati3n
Appellee
~LT~.~P~i~,~?I~UA,, S US~EN SION O F OPERATING ~
...... ~PENSION OF MOTOR VEHICLE REGISTRATION
1. Appellant herein is. "'J~O FL'T-
residing at and having a m~'iling address of: <~c~
2. Appellee herein i~ the Department of Transportation of the Commonwealth of
Pennsylvania, having a mai lng address of:
__ Departmer~t of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
Departme.qt of Transportation, Bureau of Motor Vehicles, .arnsburg,
H '
Pennsylvania 17123.
3. By letter or notice dated ?~~-/'- O 2_ , a copy of which is attached
hereto as Exhibit A, the Deiaartment of Transportation
~ _ ordered Appellant to surrender his / her operating license / mot3r vehicle
registration for a period of i ~17 ~'~' ,('..~,S ~"~1") '
denied the i.~.suance / renewal of a driver's license.
- 4. Supersedeas:
(~ Pursuant to 75 Pa.C.S.Ai ~ 1550(b l-)(iil Ap~-e ant is retaining driver's
licen,,.e until finar determination of the suspension of operating privilege.
Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the
Apl~edant must be held before the Court of Common Pleas before an order of
supe:sedeas can be issued.
Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle
regis ration until final determination of the suspension of'registration.
5. The said suspension of Appellant's operating privileges / regis,:ration is
impr~ per or unlawful for the following reasons:
~¢,~I ' ,,, -,-.-~ ..... -~
I r
Appellant respectfully requests that this matter be set down for a hearine and that
the ¢,'der of suspension / order of denial be set aside.
Respebt~lly
submitted by,
Appellant
I verify that the statements made in this Petition are true and correct. I
uncle'stand that fal§e--statements, herein-_are made subject to the penalties of 18
Pa.C S.A. § 4904, relating to unsworn falsification~,t~thorities.
Date [O-I~, O~
A~)peliant
-3-
PORT DARE
828 WYNNEWOOD
CAMP HILL PA
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
SEPTEMBER 17, 2002
022539283834524 001
RD 09/10/2002
21079229
17011 09/01/1966
Dear Motorist:
As a result of Your conviction of violating section 3362
of the Vehicle Code EXCEEDING MAXIMUM SPEED on 09/09/2002,
fi points have been assigned to your record.
Your total point accumulation is 13 points.
Since Your Point record shows an accumulation of 13
Points, a sanction of 365 DAY(S) is hereby imposed as
mandated by Section 1559 of the Vehicle Cede.
In order to comply with this sanction you are required to
return any current driver's license, learner's Permit and/or
temporary driver's license (camera card) in Your Possession
no later than the effective date listed. If You cannot
comply with the requirements stated above, You are required
to submit a DL16LC Form or a sworn affidavit stating that
you are aware of the sanction against your driving
privilege. Failure to comply with this notice shall result
in this Bureau referring this matter to the Pennsylvania
State Police for prosecution under SECTION 1571(a)(q) of the
Vehicle Code.
Although the law mandates that your driving Privilege is
under suspension even if You do not surrender YOUr license,
Credit will not begin until all current driver's license
product(s), the DL16LC Form, or a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR
ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT
RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT
IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD
SERVING THIS SANCTION.
The e~fectlve date of suspension is 10/22/2002, 12:01 a.m.
022539283834524
Please see the enclosed application for restoration fee
information.
You will be notified of any outstanding restoration
requirements approximately 30 days before the eligibility
date of the restoration of your driving privilege. You must
follow those instructions very carefully in order to have
your driving privilege restored.
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 17, 2002, of this letter. Zf you fLle an
appeal in the County Court, the Court wlll glve 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
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORHATION (7:00 AM TO 9:00 PH)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-391-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-391-6191
Commonwealth of Pennsylvania
Department of Transportation
IN THE COURT OF coMMoN P_LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORDER OF COURT
AND NOW, thisa~ davy of'~ 2002, based upon Appellant's Appeal, a hearing
shall be held on/~a¥ o~, 2002, in Courtroom~ at ?*'~°'cl°ck~'m' at
the Cumberland County CouHhouse.
PORT DARE, :
Appellant :
:
Y. :
:
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION,:
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5054 CIVIL TERM
LICENSE SUSPENSION APPEAL
IN RE: CONTINUANCE
ORDER OF COURT
AND NOW, this 16th day of December, 2002, it
appearing that the underlying conviction has yet to be decided,
and that a trial date is scheduled for January 26, 2003,
thereon, hearing in this matter is continued until February 13,
2003, at 1:00 p.m.
By the
Ed iar8 E. Guiao,~j'
FGeorge Kabusk, Esquire
or the Appellee
~ort Dare
828 Wynnewood Road
Camp Hill, PA 17011
Appellant, Pro se
srs
PORT DARE, :
Appellant :
:
V. :
:
COMMONWEALTH OF PENNSYLVANIA:
DEPARTMENT OF TRANSPORTATION:
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5054 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of February, 2003, after
hearing, the action of the Department in suspending Petitioner's
operating privileges for 365 days is sustained, and the appeal is
dismissed. By
Edward E. Guido, J.
/George Kabusk, Esquire
Assistant District Attorney
/Port Dare, pro se
828 Wynnewood Road
Camp Hill, PA 17011
it