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Home My WebLink About02-5206 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION :No. ~)o~f- ~..~ : APPEAL FROM SUSPENSION OF vs. : OPERATING PRIVILEGES : SHANE M. CRUSEY : PETITION FOR APPEAL FROM SUSPENSION OF OPERATING PRIVILEGIng TO THE HONORABLE JUDGES OF THE COURT: NOW COMES Shane M. Crusey upon Petition for Appeal from Suspension of Operating Privileges~ whereof the following is a statement: 1. Petitioner is Shane M. Crusey whose address is 7 Ian Drive Mt. Holly Springs~ Cumberland County, Pennsylvania. 2. By Official Notice from the Director of the Bureau of Driver Licensings Departn~ent of Transportation~ Commonwealth of Pennsylvania~ a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full, Petitioner was informed that his operating privileges would be suspended for a period of one years effective November 18, 2002~ as a result of an alleged violation of Section 6308 of the Crimes Code. 3. Petitioner's counsel sought concurrence for said petition from the Depart~ent of Transportation~ Commonwealth of Pennsylvania, and was informed that said petition should be sent by certified mail to the Pennsylvania Department of Transportation Office of Chief Counsel. 4. Petitioner believes and therefore avers that the suspension of his operating privileges by the Department of Transportation, Commonwealth of Pennsylvanias is improper and without legal basis for the following reason: The underlying conviction forming the basis for the suspension was illegally and improperly imposed and there is no evidence supporting the underlying charge in quesUon. WHEREFORE, Petitioner prays that this Honorable Court enter an Order fixing the time and place of a hearing to determine whether the operating privileges of Petitioner should be suspended or the suspension should be set aside as improper and invalid, and staying the suspension of the operating privileges of Peririoner pending the Court's determination. By: ~RTIN, GREE.~N & ,REITER, INC. ~onathan David Grine, Esq. I.D. #85746 Attorney for Petitioner 101 Innovation Blvd. Suite 311 State College, PA. 16803 (814) 237-6291 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION SHANE M. CRUSEY VS. : No. : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES Subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, I, Jonathan D. Grine, Esquire, verify that the averments of the facts set forth in the foregoing Petition for Appeal from Suspension of Operating Privileges are true and correct upon my personal knowledge and belief. ~athan D. Grine, Esq. SNANE M CRUSEY 7 IAN DRIVE COMMONWEALTH OF PENNSYLVAN]A DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mai! Date: OCTOBER lq, 2002 MT HOLLY SPGS PA 1706S WID e 022806117802185 001 PROCESSING DATE 10/07/2002 DRIVER LICENSE a 2S78S369 DATE OF BIRTH 09/02/1981 Dear NR. CRUSEY~ As a result of your violation on 07/11/2002 of vio2ating Section 6508 (offenses related to a2cohol), your driving privilege ts being SUSPENDED for a period of ! YEAR(S) as mandated by section 1552D of the vehicle code. The effective date o~ suspension Is 1~/~6/Z002, !2:01 a.m. Before PennDOT can restore your driving Privilege, you must. fellow the instructions ~n th~s ~etter for CDMPLYZNG W~TH TH~S SUSPENSION, PAYZNg THE RESTORATION FEE and PROVIDINg PROOF OF INSURANCE. YOU should ~ollo~ ALL lnetructlene very ca~efu2~y. Even t~ ~ou have served a~! the t~me on the susDenalon/~evocat~on) ve cannot reetoee your dr~v~ng priv- ilege uflt&l az~ the requirements are sat~ae~ed. COHPLYING 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 ~efore 11/]a/2002. You may surrender these items before, 11/18/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER~S LZCENSE FOR ZDENTZFZCATZON PURPOSES· He,ever, 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 ~den- tificatien (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card· You ~111 not recelve oredtt toward serving any Suspension untiZ ~e receive you~ license(s). Complete the following steps to acknowledge this susPen~ion. Return all current Pennsylvania driver,s l~cense$, learner's permits and/or camera cards to PennOOT. If you do not have any of these item , send a s~orn note- EXHIBIT 0228061Z7802185 rized letter stating You are aware of the suspension of your driving privilege. You must specify ~n Your letter' why you ace unable to return your driver's Z~cense. Remember: YOU may not retain your dr~ver~s license for ~dentification PurPoses. Please send these items to; PennsYlvania Department of Transportation Bureau of Driver Licensing P.O. Box Harrisburg, PA ]7[06-8695 upon rece~ot, review and acceptance of Your PennsYlvania driver's l/cerise(s), learner~s permit(s), and/or a sworn notarized letter, PennDOT wit! send you a receipt con- f~rming the date that credit began. [f you do not ceivea receipt from us within 5 weeks, please contact cur office. Otherwise, you will not be given credit toward serving this suspension. PennDOT ohone numbers are listed at the end of this letter. [f you do not return all current driver license Pro- ducts, we must refer this matter to the Pennsylvania' State Pa[ice for Prosecution under SECT[ON of the Pennsylvania Vehicle Code. ~AYZNG 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, comp[eta the fo/lowing steps: 1. Return the enclosed Aoplicatian for Restoration. The amount due is listed on the aop~ication. 2. ~rite Your driver,s license number (listed on the first page] on the check or money order to ensure Proper credit. $. Fo[~ow the Payment and ma~lJng instructions on the back of the application. PROVZD[~G PROOF OF_ [NSURANCF ~ithin the last SD days of Your susPension/revocat]on~ we w~ll send You a letter askSng that You orovide Proof of in- surance at that t~me. This letter will list acceptable documents and what wi1! be needed if You do not own a Yehic[e registered in Pennsylvania. Z~POPtant: P~ease make sure that PennDOT is notified if YDU move from your current address· You may notify PennDOT of your address change by calling any of the phone numbers /isted at the end of this letter. 022806117802185 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 1~, 2902, of this letter. Zf yOU ~tle an ap- peel in the County Court, the Court w11i give you a t/me- stamped certified coQy of the a~eal. In order for your appeal to be valid~ you must send this time-stamped certi- fied copy of the appeal bv certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfrent Office Center Harrisburg, PA 17104-251& Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON.' You must return all current Pennsylvania driver license products to PennDOT by 11/18/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing [NFO~T[ON 7:00 a.m. to 9:00 p.m.. ;N STATE 1-800-952-~600 TDD [N STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE ~EB SITE ADDRESS ~.dot.state.pa.us l*800-22B-0&7& 717-$91-6191 PAY THIS AMOUNT DO NOT SEND CASH SHAN£ M CRUS£Y 7 ZAN DRZVE MT HOLLY SPGS PA ~?06S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION VS. SHANE M. CRUSEY : No. 02-5206 Civil : : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES _. AFFIDAVIT OF SERVICR I, Jonathan D. Grine, Esquire, Attorney for Petitioner, do swear according to law, that I have made sexvice of the Petition for Appeal from Suspension of Operating Privileges upon the Plaintiff, Commonwealth of Pennsylvania, Department of Transportation by certified m~i~, return receipt requested. Service was accomplished on November 12, 2002. Attached hereto as evidence of said service is a signed return receipt. LEE, MARTIN, GREEN & RF_~TER, INC. Jonathan D. Gtine, Esq. I.D. #85746 Attorney for Petitioner 101 Innovation Blvd. Suite 311 State College, PA 16803 814-237-6291 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back o(the mailpiece, or on the front if space permits. 1. Article Addressed to: -t~'t ~-d Fale~ 2. Article Number A. Signature X [] Age~ Ft. Received by ( Printed Name) ~ C. O ' NOV I ~ T~J,~p~ia~ms d~ent from item 17 [] Yes If YES, enter delivery address below: [] No Service Tybe ~"Certifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) [] Yes PS Form 3811, August 2001 Domestic Return Receipt 93 7 102595-01 -M-2509 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION VS. SHANE M. CRUSEY : No. 02-5206 Civil : : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES : : (~ERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Affidavit of Service was deposited in the United States mail, postage prepaid in State College, Pennsylvania on the / ~ ~day of November, 2002 addressed to the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Orona~D.~~q~'~vr~z-~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW COMMO~TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION VS. SHANE M. CRUSEY : No. 02-5206 Civil : : APPEt~ FROM SUSPENSION OF : OPERATING PRIVILEGES ORDER Petition for Appeal from Suspension of Operating Privileges set for February $, 2003 at 2 p.m. is hereby continued. The date and time for the hearing of said Petition is hereby rescheduled to the 31 day of March, 2003 at 2:00 p.m., in courtroom no. 2 of the C~m~berLond County Courthouse, Carlisle, Pennsylvania. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION V$o SI-IA. NE M. CRUSEY No. 02-5206 Civil APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES PRAECIPE TO WITHDRAW APPEAl. To the Prothonotary: Please mark the above captioned appeal from suspension of operating privileges withdrawn. By: Lee, Martin, Green & Reiter, Inc. J~nathan D. Grine, Esq. PA ID//85746 Attorneys for Petitioner Shane M. Crusey 101 Innovation Blvd., Suite 311 State College, PA 16803 (814) 237-6291 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION VS. SHANE M. CRUSEY : No. 02-5206 Civil : : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw Appeal was deposited in the United States mail, postage prepaid in State College, Pennsylvania on the .~//'~day of March, 2003 addressed to the following: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516