The URL can be used to link to this page

Home My WebLink About02-5138APPELLANT V COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, thisc~ dayof shall be held on __ day of at the Cumberland County Courthouse. ORDER OF COURT ~ based upon Appellant's Appeal, a hearing ,20__, in Courtroom __ at _ _o'clock __.m. Appellant VS, Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No. PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION residing at and having ams. iling address of: ~/-/~ -J;~f~,. _c, ff"/,'l/ ~_~ 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai..ing address of: ~' Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice datedO~ / [ p/,,~OC)~ ,acopyofwhichisattached hereto as Exhibit A, the De;)artment of Transportation X ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of ~ __ denied the i,~,suance / renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(il, Appellant is retaining driver's license unti~,~ determination of the suspension of operating privilege. ,/'~_ Pursuant to 75 Pa.C.S.A, § 1550(b)(1)(ii), a hearing attended by the App6dant 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 / registration is improper or unlawful for the following reasons: Appellant respectfully requests that this matter be set down for a hearing and that the c.~der of suspension / order of denial be set aside. Respectfully submitted by, Appellant -2- COMMONWEALTH OF PENNSYLVANIA DEPARTHENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date: SEPTEMBER 25, 2002 CLIFTON A BROWN III WID ~ 022616101864933 001 91A ENCKS MILL RD PROCESSING DATE 09/18/2002 DRIVER LICENSE # 27237765 CARLISLE PA 17013 DATE OF BIRTH 04/05/1973 Dear MR. BROWN: This is an Official Notice of the suspension of your Driving Privilege as authorized by Section 1552B the Pennsylvania Vehicle Code. As a result of your 08/16/2002 conviction in NEW YORK: · Your driving privilege is SUSPENDED fop a ~ePlod of 1 YEAR(S) effective 10/30/2002 at 12:01 a.m. · Your driving record reflects a violation on 0q/26/2002 that is similar to violating Section 3731 of the Pennsylvania Vehicle Code, DRIVING UNDER INFLUENCE, Your conviction in NEW YORK is listed in Article IV of Section i581 of the Pennsylvania Vehicie Code which mandates that PennDOT process specific out-of-state convictions as though they had occurred in Pennsyivania. Before PennDOT can restore your driving priviIege, You must follow the instructions in this Ietter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefuliy. Even if you have serve~ all the tlme on the susmension/Pevocation, we cannot restore your driving ~ivilege unt~ all the requirements are satisfied. ~OMPLYING WITH THIS SUSPENSIOH You must return aii current Pennsylvania driver's iicenses, learner's permits, temporary driver's licenses (camera cards) in Your possession on or before 10/30/2002. You may surrender these items before, 10/30/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON 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 02261610186~955 certificate, valid U.S. etc.) in order to obtain any suspension the following identification (e.g., birth Passport, marriage certificate, Your photo identification card. You will not receive credit toward serving until we receive your license(s). Complete steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If You du riot have any of lhese 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 iicense for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of Your Pennsyivania driver's license(s), iearner's permit(s), and/or a sworn notarized letter, PennDOT 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. PennDOT Phone numbers are listed at the end of this letter. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Poiico for Prosecution under SECTION i57I(a)(~) of the Pennsylvania VehicIe Code. PAYING THE RESTORATION FEF 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 iisted on the appIication. 2. Write YOur driver's Iicense number (Iisted on the first Page) on the check or money order to ensure Proper credit. 3. Follow the payment and maiiing instructions on the back of the apPiication. 02261610186~955 PROVIDING PROOF OF INSURANCE Within the last 50 days of your suspension/revocation, we wiii send you a letter asking that you provide proof of insurance at that time. This ietter will list acceptable documents and what wii1 be needed if you do not own a vehicie registered in Pennsylvania. Zmportant: Please make sure that PennDOT move from your current address. You may your address change by calling any of listed at tho ~nd of this letter. 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 $0 days of the mail date, SEPTEMBER 25, 2002, of this letter. Zf 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 OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by I0/$0/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-4600 TDD IN STATE OUT-OF-STATE 717-$9I~6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 CLIFTON A. BROWN, III, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ' TRANSPORTATION, BUREAU ' OF DRIVER LICENSING ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5138 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of October, 2002, upon consideration of the Petition for Appeal from a Suspension of Operating Privilege/Denial of Driver's License/Suspension of Motor Vehicle Registration, a hearing is scheduled for Thursday, February 13, 2003, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ,.J~/Wesley Oler, Jr., J. Clifton A. Brown, III 9 lA Encks Mill Road Carlisle, PA 17013 George Kabusk, Esq. Assistant Counsel Commonwealth of Pennsylvania Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 :rc CLIFTON A. BROWN, III, : Appellant : : V. : : COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, BUREAU : OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-5138 CIVIL TERM IN RE: APPELLANT'S PETITION FOR APPEAL ORDER OF COURT AND NOW, this 13th day of February, 2003, upon consideration of Appellant,s Petition for Appeal from a Suspension of Operating Privilege/Denial of Driver,s License/Suspension of Motor Vehicle Registration, and following a hearing held on this date, the Appellant,s appeal is denied, and the action of the Department of Transportation dated September 25, 2002, suspending Appellant,s driving privilege, which is the subject of this appeal, is affirmed. By the Court, Clifton A. Brown, III 9lA Encks Mill Road Carlisle, PA 17013 George Kabusk, Esquire Commonwealth of Pennsylvania ~ Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 :mae