HomeMy WebLinkAbout00-02344
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STEPHEN HEMLER,
Petitioner
v.
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLANDCOUNTY,PENNSYLVANIA
; NO.J.Oro- .?3if'(Civil Term
DEPARTMENT OF
TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA,
Respondent
: Appeal From Suspension of License
ORDER
AND NOW, this /qJ;V
day of April, 2000, upon consideration of the within Appeal
of the License Suspension imposed by the Commonwealth of Pennsylvania Department of
Transportation, and the request by the appellant that the license suspension be stayed until such
time as he has had an opportunity to be heard on this appeal, it is hereby ordered that the license
suspension imposed by the Commonwealth of Pennsylvania Department of Transportation, dated
April 5, 2000, and effective May 10,2000, is hereby stayed pending the outcome of the appeal.
A hearing is hereby scheduled on the appeal of the license suspension for the 21., (jI,
day of r ,2000 at .2 '.06 o'clock a.m./p.m in Courtroom
Cumberland County Courthouse, Carlisle, Pennsylvania,
.;L of the
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cc:
Legal Office, Department of Transportation
R. Mark Thomas, Esq.
Appellant
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STEPHEN HEMLER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY , PENNSYLVANIA
v.
: NO. IJ'O. ;;l3'fY
Civil Term
DEPARTMENT OF
TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA,
Respondent
: Appeal From Suspension of License
APPEAL FROM LICENSE SUSPENSION
AND NOW comes the appellant, Stephen Hemler, by and through his counsel, R. Mark
Thomas, Esquire, and files this Appeal from the Notice of License Suspension which he received
from the Commonwealth of Pennsylvania and in support thereof respectfully represents:
1. Stephen Hemler is an adult individual who resides at 14 Cardinal Drive, Carlisle,
Cumberland County, Pennsylvania 17013.
2. The Commonwealth of Pennsylvania Department of Transportation has its
principal office located on the Third Floor, Riverfront Office Center, Harrisburg, Dauphin
County, Pennsylvania 17104.2516.
3. On December 17, 1999, a citation was filed charging the appellant with Reckless
Driving.
4. A hearing was held before District Magistrate Susan Day on March 23, 2000 and
at that time the appellant was found guilty of Reckless Driving as charged in the aforementioned
citation.
5. By letter dated April 5, 2000, appellant was notified by the Commonwealth of
Pennsylvania Department of Transportation that his license was being suspended for a period of
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six (6) months, effective May 10, 2000, due to his conviction for Reckless Driving as
aforementioned.
6. Appellant filed an Appeal From The Summary Conviction for Reckless Driving
with the Clerk of Courts in the Court of Common Pleas of Cumberland County on April 13,
2000.
7. Appellant maintains that he was not guilty of Reckless Driving as such is defined
in the Pennsylvania Motor Vehicle Code at Section 3736.
8. Appellant is entitled to a hearing de novo on the alleged violation of the
Pennsylvania Motor Vehicle Code and he has preserved his right to that de novo hearing by the
filing of an appeal within thirty (30) days of the date of conviction.
9. As set forth in the Notice of Suspension sent to the appellant by the
Commonwealth of Pennsylvania Department of Transportation he has the absolute right to
appeal the suspension of his driver's license. A copy of that Notice of Suspension is attached
hereto and marked Exhibit "A."
10. The suspension as set forth in the notice attached hereto is to be effective prior to
the date on which the appellant will have a de novo hearing on his conviction for Reckless
Driving.
11. The suspension of appellant's license will work a hardship on the appellant and
his family and the suspension should be stayed until such time as the de novo hearing on the
sunnnary offense is heard before this Court.
WHEREFORE, appellant prays that this Honorable Court will schedule a hearing on his
appeal of the license suspension imposed by the Commonwealth of Pennsylvania Department of
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Transportation and, that the Court will issue an Order staying the suspension of the appellant's
driver's license until such time as a hearing on this appeal is heard.
Respectfully submitted,
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R. Mark Thomas, Esquire
Attorney for Appellant
101 South Market Street
Mechanicsburg, P A 17055
(717)796-2100
ID# 41301
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VERIF1CATION
I verify that ~e 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. ~4904,
relating to unsworn falsification to authorities.
Date: tj ;,1 };;Jcoo
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COMMONWEALTH OF PENNSVLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: APRIL 05, 2000
STEPHEN HEMLER
14 CARDINAL DRIVE
CARLISLE PA 17013
WID i 000899283085586 001
PROCESSING DATE 03/29/2000
DRIVER LICENSE. 21747277
DATE OF BIRTH 01/23/1969
Dear MR. HEMLER:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1532B of the Pennsylvania
Vehicle Code. As a result of your 03/23/2000 conviction of
violating Section 3736 of the Vehicle Code RECKLESS DRIVING
on 12/17/1999:
. Vour driving privilege is SUSPENDED for a period of 6
MONTH(S) effective 05/10/2000 at 12:01 a.m.
Before PennDOT can I'estore your driving privilege, yoU must
follow the instructions in this letter for COMPLVING WITH
THIS SUSPENSION, PAVING 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
Vou must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in ynt,r possession on cr before 05/10/2000. You iilay
surrender these items before. 05/10/2000, for earlier
credit; however, you may not drive after these items are
surrendered.
YOU MAY NOT RETAXN YOUR DRXVER'S LXCENSE FOR XDENTXFXCATXON
PURPOSES. However, yoU may apply for and obtain a photo
identification card at anyOriver 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.
EXHIllIT "A"
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000899283085586
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 1571 (a) (4)
of the Pennsylvania Vehicle Code.
PAYING THE RESTORATION FEE
You must pay a restoration fee to PennDOTto 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.
"
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000899283085586
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 Penn DOT 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, APRIL 05, 2000. If YOU file an appeal
in the County Court, the Court will give you a time-stamped
certified COpy of the appeal. Send this time-stamped cer-
tified 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 05/10/2000.
Sincerely,
~~A.~'~~~
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (7:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
AM TO 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
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CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within
document on the following by depositing a true and correct copy of the same in the U.S.
Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, P A 17104-2516
Date:
R. Mark Thomas, Esq.
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STEPHEN HEMLER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-2344 Civil Term
DEPARTMENT OF
TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA,
Respondent
: Appeal From Suspension of License
ORDER
AND NOW, this "Z;IQ day of June, 2000, upon the Court being notified that counsel
for the petitioner and counsel for the respondent have agreed to continue the hearing previously
scheduled for June 26, 2000 at 2:00 p.m., the Court hereby continues that hearing and
reschedules the Appeal of the license suspension in this case for July 27,2000 at 9:15 a.m., said
hearing to be held in Court Room #2 of the
Pennsylvania.
Cumberland County Court House, Carlisle,
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cc:
Legal Office, Department of Transportation
R. Mark Thomas, Esq.
Appellant
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STEPHEN HEMLER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERlAND COUNTY, PENNSYLVANIA
v.
: NO. 00-2344 Civil Term
DEPARTMENT OF
TRANSPORTATION,
COMMONWEALTH OF
PENNSYLVANIA,
Respondent
: Appeal From Suspension of License
PRAECIPE TO WITHDRAW
To the Prothonotary:
Kindly withdraw the Appeal From License Suspension which was filed on April 13,
2000.
Respectfully submitted,
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R. Mark Thomas, Esquire
Attorney for Petitioner
101 South Market Street
Mechanicsburg, P A 17055
(717)796-2100
ID# 41301
cc: Legal Office, Department of Transportation
R. Mark Thomas
Appellant
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