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Home My WebLink About00-02481 "', '" -- ~---- COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA Respondent : CIVIL DMSION v. : STATUTORY APPEALS : No. 8\. ~ - ;;;qRf (J('),' cY~ KEVIN W. FOGLE, Petitioner. ORDER OF COURT AND NOW, this d:L;;tA day of ~ Jt.z! , 2000, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE, it is hereby ORDERED and DECREED that a hearing be held on the c2 q -di day of ;;U~ . 2000 at 9 : Cf7) o'clock~m. in Courtroom No. <j of the Cumberland County Courthouse. BY THE COURT: ~ AO ~,l) ~' ~ ~iS A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. 1. Distribution: Pennsylvania Department of Transportation, Office of Chief Counsel, 3rd Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516 The Law Offices of Paul Bradford Orr, 50 East High Street, Carlisle, Pennsylvania 17013 Paul Bradford Orr, Esquire. . ""~ ~~", _:T'\fh' (;>- "I':' '),: ,,,.j [1,-,1 -, f.-.J jl: 28 Clli'."I:~,r~F':;; /,_i,j--' (,,~C)Ut\r:,'\,1 _ 1\' 0,.'1_1 "~i " ,.,) ,,~ _. . PENNSYLVi'NIA ~~ - ~, ~ , ," .",~'..,- ~ JU~_~fI-_""",,....'~ '1I'I~l!,'ffl1"l< '-' "'f~~~~lffifli,'mlI'~""., !"'~~~"..,.~~ -~ < -, ..'i~1t", COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA Respondent : CIVIL DIVISION v. : STATUTORY APPEALS : No. a\.. tnJ,;J. '{ f' d.;x.p -r.t.<-- KEVIN W. FOGLE, Petitioner. PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE TO THE HONORABLE JUDGES OF SAID COURT: 1. Your Petitioner, Kevin W. Fogle, is an individual residing at 23 Short Lane, Shippensburg, Cumberland County, Pennsylvania 17257~- 2. On or about March 17, 2000, Petitioner aIlegedly received a Notice from the Pennsylvania Department of Transportation notifYing him that his present operator's license, bearing card number 21469889, was being suspended for a period of one year effective April 27, 2000. A true and correct copy of said notice is attached hereto, made a part hereof and marked as Exhibit "A" 3. Said suspension arises out of the Petitioner's aIleged conviction of a January 4, 2000 conviction of possession of a small amount of marijuana. 4. The Notice of Suspension dated March 16, 2000, is insufficient as a matter oflaw and violates due process under the Pennsylvania and the United States Constitutions. 5. Said suspension is unconstitutional in that it violates due process, equal protection, double jeopardy, and rational relation to stated legislative purpose under both the Pennsylvania and the United States Constitutions. 6. Said suspension should be automatica1ly stayed upon the filing of this petition and ." ~ ~~ - ""-'-' , upon timely notice to the Department of Transportation. WHEREFORE, your Petitioner respectfully requests that this appeal be granted and, in the interim, that this Honorable Court enter a stay of Petitioner's operating privileges pending this appeal. Respectfully Submitted, 4 7..D Pb DA ?J~ Paul Bradford Orr, Esquire Attorney for Petitioner The Law Offices of Paul Bradford Orr 50 East High Street -Carlisle, PA 17013-- ----- -- (717) 258-8558 Supreme Court J.D. # 71786 ',-~ '~'Y-" ATTORNEY VERIFICATION The undersigued, Paul Bradford Orr, Esquire, hereby verifies and states that: I. He is the attorney for the Appellant, 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Appeal are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, T FORD ORR Date: 4 'LO 00 By: Paul Bradfor IT, Esquire 50 East High Street Carlisle, P A 17013 (717) 258-8558 Attorney for Appellant Superior Court ID# 71786 _. . ,~ i~.~\.;llLL M.UTORS- [4]01 COMMONWEALTH DF PENNSVLVAN!A OEPA~TMENT DF TUANSPORTATION Bureau of Driver Licen$ing Mail Date: MARCH 23, 2000 KEVIN W FOGLE 23 SHORT LANE SHIPPENSBURG PA 17251 WID. 000?~b~02al'b02 001 P~OCESSING DATE D3/1b/2000 DRIVER LIC(NSE. 214~'8a' DATE OF. aIRTH O&/12/1'b1 , Oe;,1" MR. FOGLE: This is an O~i~ial Notice of the suspension of your Driving Privilege as authorized bY Section 1532C of the PennsYlvania Vehicle Code. As a result of your 01/D4/2000 conviction of violating Section 13A30 of the Controlled Substance, Drug, Device and Cosmetic Act. on 01/28/1999: . Your driving privilege is SUSPENDED for 8 period of " MONTHCS' effe~tive 04/27/2000 at 12:01 a.m. Before PennOOT can restore your driving priVilege. YOU must fallow the instructions in this letter for COMPLVING WITH THIS SUSPENSION, PAVING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YO~ should follow ALL instr~ctions very carefully. Even if YOU have served all the time on the sYspension/revo~at1on. 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, temporarv driver's licenses (camera .~ards) in YOu~ PQs~ession on or before 04/27/2009. Vcu.ma~ surrender these ite.s before, 04/27/2QOO. for earlier credi t I howeve.r. you mall not dri ve after these items are surrendered. ' YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFiCATION PURPOSES. However. you may apolY for and obtain a photo identification card at any Driver License Center for a cost of 9.00. You must present two (2) farmS of proper iden- tification (e.g., birth cl!rtificate. valid U.S. passport, marriage certificate. etc,) in Drder to obtain ~our photo identification card, You Will not receive credit toward serving Bny suspenSion --... .-- ....-- - ..-- II!XHIBIT ~ . ~ _..'~ ~~ ,~ , ---'-1" -;; d be needed if YOu do not own il vehicle registered in ,.!nnsYlvania. Impa~tant: Please make sure that PennDOT is notified if yoU . move from your current addres's. You may notify PennDOT of your address change by calling any of the IIhone numbers listed.at'~Ae end ~f .this letter. Mflli Vou hal/e the right to allPeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, MARCH 23. 2000. %f yau f1le an appeal 1n the County Court. the Court will give YOU a time-stamped certified oopy 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 NOTreE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 04/27/2000. Sincerely, ~~,~ 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 AH TO 9:00 PH) 1-800~932-4600 717-39,1-6190 1-800-228-0676 717-391-6191 EXHIBIT ~ - <.' " -,- - - ~ "",: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE has been delivered to the following by way of certified first class mail: Pennsylvania Department of Transportation Office of Chief Counsel 3M Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 Date: q 2J 00 By: CP ~~~>l,;im;w.~~lir1ltllt__I"'~-"""''''''~~'itl1il:!li;j,~"jlr!''"''' l~ "ri"*_~ 0 t-:", () <:;:: Ci --"-11 -" p '" , , -.c1' n.-, --,1 Z, , " f",,) /.~"' (=1 en 0 , ~~~ -, ~ t-:; '"I", \j - -'"\ y~ Cl ~ ~ ,,,) Z 0 (:) l-n :> C r;.;> ....., ~ ~ :D U'I -< ""0""'.__' ",___ ",. .'; w COMMONWEALTH OF PENNSYL VANIA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA Respondent : CIVIL DIVISION v. : STATUTORY APPEALS : No. SA 00-2481 Civil Term KEVIN W. FOGLE Petitioner, ORDER OF COURT AND NOW, this ;lfCA day of 91/lo1.L--, 2000, PETITIONERS MOTION FOR CONTINUANCE, it is hereby GRANTED. 2000 at q: (j7) 0' clock D- m. in Courtroom No. :'3/ /:,1:;' ~ daYOf~ of the Cumberland Further, it is ORDERED that a Hearing be held on the County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. BY THE COURT: ~,~1 1. Dis'ribution: Pennsylvania Department of Transportation, Office of Chief Counsel, 3'd Floor, ' Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516 The Law Offices of Paul Bradford Orr, 50 East High Street, Carlisle, Pennsylvania 17013 Paul Bradford Orr, Esquire. ," \ .~~ c.~'J~,O<9 <t-'?-S .. .'-' - r" '.";,, F\LEO-QfF1CE O~ 1" I" [)h"l L'~' IJ"'ARY ;-. ,1-,'" ,,,,.,..1,,, c~j 1",' j ". ' ; .". , ' '. I~" -" , 00 JUN 28 PM 3: 44 CUMBERU,ND COUNTY PENNSYLVANIA 1I,~,,~~"",~ '. -"'7 ,_..,o!,~~ _I~_,~r,,,; ,,!Il'1 " ---, ,~, W'" , d~_ ,", r . ,. COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PENNSYLVANIA Respondent : CIVIL DIVISION v. : STATUTORY APPEALS : No. S.A. 00-2481 Civil Term KEVIN W. FOGLE Petitioner, MOTION FOR CONTINUANCE And NOW, comes the Petitioner, Kevin W. Fogle, by and through his counsel, The Law Offices of Paul Bradford Orr, and respectfully requests a Continuance of his Appeal From Suspension of Operators License, now scheduled for 29 June 2000, at 9:00 a.m., in Courtroom 4 of the Cumberland County Court of Common Pleas for the following reasons: 1. Additional preparation time is required by the Petitioner; 2. Petitioner has a previously scheduled Real Estate Closing whereby Petitioner must be in Shippensburg, Pennsylvania, at 10:00 a.m. on 29 June 2000; 3. Petitioners counsel has obtained the concurrence ofthe department's counsel George Kabusk, Esquire, via a telephone conference held on 20 June 2000, with regards to this continuance request. RESPECTFULLY SUBMITTED D'to,#O ~JS F PAUL BRADFORD ORR ~ C\4 Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court Id # 71786 ~~ .. , ' ,",'" ~~"~ ~,~ ' ,/'. -, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing MOTION FOR CONTINUANCE has been delivered to the following by way of certified first class mail: Pennsylvania Department of Transportation Office of Chief Counsel 3'd Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 Date: ~{~11 00 By:7JP-- GJV\ t c:r\ Paul Bradford Orr, Esquire ~ '" - ,"""-, ;j ....- , T itf' ~ < ~-'"' ~ , - . """,,,4,,~kiIlJ , .~> "',," ,_ , ,"_~ ~O> .-- ","' ,- ~ ,,- "" ., " " , oJ I \ 0 C) () c a ----,---, ~~ S." ,-, cD '- n'! ." ~\:.": " , , :2:: .-;"l ~ f~'- "" -'-, ,~-{ l?~: ~ .:;'c:; !~ -, . , ".::.,(') _c_--; ,:::ri ->\", 0? C.- ~ '~,,: Z :.oj ::s;,f =< \0 :0 -< ~" ,-, , lil', COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU: CUMBERLAND COUNTY, PENNSYLVANIA OF DRIVER LICENSING CIVIL ACTION - LAW V NO. 00-2481 CIVIL TERM KEVIN W. FOGLE, Petitioner APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 31st day of August, 2000, this matter having been called for hearing, the within appeal from suspension of driver's license is withdrawn, and the suspension to be effective October 15, 2000. By the Court, Kev0e~ George H. Kabusk, Esquire For the Commonwealth Paul Bradford Orr, Esquire For Kevin W. Fogle )~ ~ 'l.I-O'O '-t-. :bg r.<" ~"'-!I.IIIIIilI1i~~~~111m~x..l - " "~ .~ "' .-- '"'" "0_' " f""l>o~ . . 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