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HomeMy WebLinkAbout00-01899 v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. Dc - 1m GCiL[ SANTOS TORRES, Petitioner COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this .3o--tJ day of 111 (l /U' A ,2000, upon petition of Santo Torres, a hearing is set on the License Suspension Appeal for the !l!!!..... day of 7.1/Y1-L- , 2000, at 9; 3CJ o'clock C1......m., in Courtroom No. L, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to 9 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. Distribution: lid 00 \' '? fl)"~ BY THE COURT: if Court Administrator William T. Tully, Esq., 2233 North Front Street, Harrisburg, PA 17110 Office of Chief Counsel, P A Department of Transportation, 110 I S. Front St., Harrisburg, P A 17104 "". - . L w;- >- ?f lut':' C/~ 'a::C\ ~-C:.t.: r).~,-. T -c'~' ad~ lUc_ ~..:J a: ~i?! j::~ !-L' a "J '" N ~ 2: -, C):c{ c,:<;i' 03C c.::l :-s. ;,,::"'>3 ,-,,,9') .:)> ::c <- :-LiZ rQtu ~o.. ::5 () ,~ ct c::. 'en ,l. ~, ~' ::c c::. <::;:> , ~ ~~, J ". ~-. ~-, 'I '" ".~ ~ 1I!H~___ ni.,,,,,"!, r~~~~-W!Ii"\"'~'%I'''~\f!\{~!ll!lliJ~~~ilmIII~@,~JI!i!lII~~!~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 1NJ-/tfCJ 9 &;rJ-r~ SANTOS TORRES, Petitioner COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW comes Petitioner, Santos Torres, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: I. Petitioner, Santos Torres, an adult individual, is a licensed driver within this Commonwealth, and has a residence address of 203 West Main Street, Walnut Bottom, Cmnberland County, Pennsylvania 17266. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, has a mailing address of 110 I South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104. 3. On February 29, 2000, Petitioner received two (2) notices oflicense suspension, dated February 29, 2000, from the Department of Transportation. 4. The first of those notice letters established a suspension effective April 4, 2000, at 2:01 a.m., for an alleged violation of Title 7597122, supposedly occurring on May 5, 1994, resulting in a conviction on December 28, 1999. A copy of said letter is attached hereto and made a part hereof as Exhibit A. TRUE COpy FROM RECORD In T esUmony whereof. t here unto set my hallO and ~of said Court at Carl. isle, Pa. ,,--T~iS ~a; o~r~~~~rd--- Plath notary . _'i<~",._ ..". ,'._"_ 'un ~ ~- '", - ~ ~~, 5. The second of those notice letters established a suspension effective April 4, 2001, at 2:01 a.m., for an alleged violation of Title 75 ~7122, supposedly occurring on May 5, 1994, resulting in a conviction on December 28, 1999. A copy of said letter is attached hereto and made a part hereof as Exhibit B. 6. The above-mentioned suspensions are illegal, invalid and improper for some or all ofthe following reasons. a. Petitioner was never charged with any violation of criminal law involving inspections stickers occurring on May 5, 1994, and any such suspension for such charges are improper. b. The only convictions Petitioner received were for dates other than that, and said convictions are currently on appeal, with post-trial motions pending before the Court of Common Pleas, docketed to 98-2049 Criminal. c. The aforementioned suspension occur consecutively, when the convictions arose on a single occasion in one course of conduct. d. Said suspension is otherwise illegal, invalid, and improper pursuant to statutory and case law. WHEREFORE, Petitioner prays that this Honorable Court grant a supersedeas on the suspension, as outlined in Exhibits A and B, until such time as there is a hearing and final disposition by the Court on the appeal of the underlying criminal conviction. "~ - --^" Date: :;s - :) q - 00 -'_I!iIII"~ Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner ~~~<<-<I!'~~' William T. Tully, Esq, 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 LD.#36410 - ", ,~ SANTOS TORRES, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by certified, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Office of Chief Counsel PA Department of Transportation Bureau of Driver Licensing 110 I South Front Street Harrisburg, P A 17104 Date: .3 - c0 f -00 4.;f~~-<: ~7 William T. Tully, Esq. '"1i;"" 0'''" " " o I""'" \"..1 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. DATE: .,3-t:J't-OO ','1. ~-,~ ,- - - ~, '__-j 'c COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 29, 2000 SANTOS TORRES 203 WEST MAIN STREET WALNUT BOTTOM PA 17266 WID t 000536114832293 001 PROCESSING DATE 02/22/2000 DRIVER LICENSE t 21232829 DATE OF BIRTH 12/11/1959 Dear MR. TORRES: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532A of the Pennsylvania Vehicle Code. As a result of your 12/28/1999 conviction of violating Section 7122 of the Vehicle Code ALTERED DOCUMENTS/PLATES on 05/05/1994: . Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 04/04/2000 at 12:01 a.m. 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 instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are 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 possessi~n on or before O~/04/2UOO. You may surrender these items before, 04/04/2000, for earlier credi t; 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 $9.00. 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. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. ""\ili~ ~ ~ , " 000536114832302 why you are unable to return your driver's 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(sl, and/or a sworn notarized letter, PennDOT will send you a receipt con- fii"ming the date that credi t 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. pROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send you a letter asking that yoU provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Important: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, FEBRUARY 29, 2000. If YOU file an ap- peal in the County court, the Court will give yoU a time- stamped certified copy of the appeal. 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 r:"lW~ - '" "" "f -,~ ~ 0'00536'114832302 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennOOT by 04/04/2000. SEND FEE/LICENSE/OL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 ',"" -n- Sincerely, ~~.~ Rebecca L. Bickley, Direct~i Bureau of Driver Licensing INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 29, 2000 SANTOS TORRES 203 WEST MAIN STREET WID I 000536114a32302 001 PROCESSING DATE 02/22/2000 DRIVER LICENSE. 21232829 DATE OF BIRTH 12/11/1959 WALNUT BOTTOM PA 17266 Dear MR. TORRES: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532A of the PennsYlvania Vehicle Code. As a result of your 12/28/1999 conviction of violating Section 7122 of the Vehicle Code AL TEREO DOCUMENTS/PLATES on 05/05/1994: . Your driving privilege is SUSPENDED fol' a pel'iod of I YEAR(S) effective 04/04/2001 at 12:01 a.m. This suspension is in addition to any pther suspensions al- ready on your record. 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 04/04/2000. You may surrender these items before, 04/04/2000, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES ~ HOW9ver I YOU may applY' for' and obtain d poot 0 identification card at any Driver License Center for a cost of $9.00. 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. You will not I'eceive cl'edit towal'd sel'ving any suspension until we I'eceive yoUI' license(s). Complete the Following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permi ts 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 V~ ...", . 000536114832293 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's 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 licensees), 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 157l<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 applic~tion. ~-' -- 000'536U4832293 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send you a letter asking that you provide proof of insurance at that time, This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Important: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, FEBRUARY 29, 2000. If you file an ap- peal in the County Court, the Court will give you a time- stamped certified copy of the appeal. 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 OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 04/04/2000. Sincerely, rl7 QA. _. '-f "'~ ~~\ '- \1~ Rebecca L. Bickley, Directo~ Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of TraRsportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ^~ ,_ u ,.." , . SANTOS TORRES, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 00-1899 CIVIL TERM COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 2!!.. day of 9' /VI 0 ., 2000, upon motion of petitioner, the hearing on the above-captioned license suspension appeal is hereby rescheduled for the ) IJii day of UA 7J~ ,2000, at '1; 30 o'clock ~., in Courtroom No. ~, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to 91550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall continue to act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a fmal determination in this matter. BY THE COURT: J/lJJ- f\ ~ ~_q_DO V f-..y"'5 Distribution: Court Administrator William T. Tully, Esq., 2233 North Front Street, Harrisburg, PA 17110 Office of Chief Counsel, P A Department of Transportation, 1101 S. Front St., Harrisburg, P A 17104 -';<j' . - - - >-- cc ["55 lvC ;~f ,~i }J d '.0 0', t ~ ~ ",,';;J; '-';[i: r"'\-S: .'2:' s:: ""'"(to ,~'< (tJ.<? (lJWJ :s: -. .:'5 () - 0; ::J::: """ ?3 ..., o o """"l~..lfo~_m" ~1M~~~00\lll~~~~, , , , . .0.,.,...., j!{!l'!,~~~;~~g"'''';['4'lOOIDll'''im>~lMlrn~l!l!~~~''~~~'''''!~ SANTOS TORRES, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 00-1899 CIVIL TERM COMMONWEALTHOFPA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE NOW COMES Petitioner, Santos Torres, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: 1. The above-captioned matter is scheduled for hearing on June 9, 2000, at 9:30 a.m., in Courtroom No.4. 2. The convictions which are the basis for the proposed license suspensions are currently on appeal, with no final decision having yet been rendered. 3. The attorney for the Department of Transportation, George Kabusk, Esq., does not oppose this request for continuance; however, Mr. Kabusk does request that the hearing be rescheduled for a time certain. WHEREFORE, Petitioner respectfully requests This Honorable continue the license suspension appeal hearing scheduled for June 9, 2000. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner Date: ~-[y.-OO William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 LD. #36410 ~~ ~o ... SANTOS TORRES, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 00-1899 CIVIL TERM COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by certified, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George Kabusk, Esquire Office of Chief Counsel P A Department of Transportation Bureau of Driver Licensing 110 I South Front Street Harrisburg, P A 17104 Date: U- -iY- -00 ....=C..-L... '" ~<<~ William T. Tully, Esq. -'," - - " A, J SANTOS TORRES, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 00-1899 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW LICENSE SUSPENION APPEAL To the Prothonotary: Please mark the above-captioned license suspension appeal as withdrawn. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Petitioner Date: /,[A -ex) ~~ William T. Tully, Esq. 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 LD.#36410 ~- , ~ . " "" .. , I SANTOS TORRES, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 00-1899 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy ofthe foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George Kabusk, Esq. Office of Chief Counsel P A Department of Transportation 1101 South Front Street Harrisburg, PA 17104 Date: { { ~..~ -co ~ ./_d"'~ William T. Tully, Esq. '''"= . ...