The URL can be used to link to this page

Home My WebLink About00-03668 . , _'0," _-'__;"....;.',;". ',", ~s_":~,, .';}'''''''-,.< -",,-,:-, ~-' . , JEREMY R. GROSS, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT 00-3668 CIVIL TERM ORDER OF COURT AND NOW, this .-z. \ day of June, 2000, IT IS ORDERED that a hearing shall be conducted on the within appeal from a suspension of driving privileges at 8:45 a.m., Thursday, September 7,2000, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The current suspension of petitioner's driver's license is stayed pending a resolution of this appeal. George Kabusk, Esquire For the Department of Transportation (I-;,pl~ L--OT V ~\'O i ~~':> David J. Freed, Esquire For Petitioner :saa j !~. .. . .. . ,,"' '. ~.. Do, jf.j frI.'" ') > ""J,j <; /: ':iI, . -.V Cf/A/ ,-__,,_. ->1...)-1'17..,....."'....., "" :"-,::1 ''---''tv.:) r--"r"~',~ f-1t:IW\G'YL:1 /A ~\/,'--.!,~VI\fJY L", ciA " " v . ..~.,.,.~7",",,_ 7 ~"'"', ry '"'e'',,'.'.W,',''''''' ," ~ 1~ ~ - .,~~..~ ~.~,~,'-". , [t!iI!..,_ ., " ." ,M ' -- ~ " ' ,~-'" '-"'--=-"-~'", ,-----'.-^,,^',,"-' ',-p- ,->"" ''''~'"''''"~-'''';'' --,- . . . , < JEREMY R. GROSS 267 RIDGE HILL ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: ~. 3i. (. 9' ~ I..u<<<- v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CIVIL APPEAL LAW APPEAL FROM LICENSE SUSPENSION PETITION FOR APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES AND NOW comes Jeremy R. Gross, by and through his attorneys, Nealon and Gover, and presents the following Petition for Appeal from Suspension of his Driving Privileges. 1. Petitioner is an adult individual who resides at 267 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Your Petitioner is licensed as a motor vehicle operator by the Commonwealth of Pennsylvania, Department of Transportation. 3. By official notice, dated June 2, 2000, your Petitioner received notification from the Commonwealth of Pennsylvania, Department of Transportation, that his driving privilege was to be suspended for a period of one year. The official notice found a suspension based upon Petitioner's Summary Conviction under 18 Pa.C.SA ~6308, Underage Consumption of Alcohol. The Notice received by your Petitioner is attached hereto as Exhibit "A". 4. Your Petitioner did not purchase or consume any alcohol as alleged in the Citation underlying his conviction. <:[{-j i ~ :1 i i ! j \1 l l 'I i :! :1 j I', II U 11 '-J u ;j ;'1 il II I ~ J _ t._ "-",,,_.,_ "-,'c.,.. '-',,-'- ~; . ~ 0'; -. ..,,~--,,-'--- -"__-L!<_'; "'-"~~, '~~_< ,.o:-'k>.:::- {.",~~~_;;'.,,,,:,,,. .' . . 5. Based on the foregoing circumstances, your Petitioner requests this Honorable Court prohibit the Department of Transportation from suspending his license for a period of one year. WHEREFORE, Petitioner, Jeremy R. Gross, prays this Honorable Court pursuant to Pa.C.S. !:l1550, to schedule a hearing upon his appeal from the suspension of his driving privilege and, upon hearing testimony, to vacate the one year suspension as imposed by the Department of Transportation. Respectfully submitted, NEALON & GOVER Date: 6;f.yloo By: ~~ David J. Freed, Esquire Attorney I.D. #76622 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 02, 2000 JEREMY R GROSS 2b7 RIDGE HILL RD MECHANICSBURG PA 17055 001476114933443 001 OS/26/2000 25546780 03/04/1981 Dear MR. GROSS: As a result of your violation on 04/01/2000 Section 6308 (offenses related to alcohol), privilege is being SUSPENDED for a period of 1 mandated by section 1532D of the vehicle code. of violating your driving YEAR(S) as ;: i I. I: I: Ii Ii In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that yOU are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. !' ',j i-,: !i Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 07/07/2000, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. , 001476114933443 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JUNE 02, 2000) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal yOU have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTXFXED MAXL TO:, PENNSYLVANXA DEPARTMENT OF TRANSPORTATXON OFFXCE OF CHXEF COUNSEL THXRD FLOOR, RXVERFRONT OFFXCE CENTER HARRXSBURG, PA. 17104 Sincerely, I I , I: " i, Ii Ii ~~\~ 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 'j '1 ~i ,'I I I , ff j I II I I I I I I I I I '.~I':';-U(' ~ ,';,i :,-:',' 'c:'"- ",-:;, ,'-'- ~,\1 000-00 '2554678003048], _______~._~.____l"~___~~~_~___ ..!._~ 0 25.00 PAY THIS AMOUNT !;.Y CHECK OR MONEY ORDER PAYABLE TO, .PA. DEPT. OF TRANSPORTATION" ..'" ....... .. ....."'::'..1..."""'.m .f I' I I , 1255~b78010002500 DO NOT SEND CASH ..JEREMY R GROSS 267 RIDGE HILL MECHANICSBURG RD PA 171155 '.'-..- 'q_::J<:i__~~ , .- ~~ '~~~ - , . , .-, '~ ,- ~ _._^' " ~" '., ,-, , - - .'"' " -" "' - .~" - ,- '4 'C, ,; -_-,~,~" -,", ",;,,,%~,,,_,,V'~_ '-, CERTIFICATE OF SERVICE AND NOW, thisb{~ay of June, 2000, I hereby certify that I have served the foregoing Petition on the following by Certified, Return Receipt Requested United States Mail: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 ~~%~ David J. Freed, Esquire ,- -~~-",' - ""'~". <,.~ ~="' - <-".," ,. ,.; 'e- - ~ <'~ JEREMY R. GROSS 267 RIDGE HILL ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-3668 CIVIL TERM v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CIVIL APPEAL LAW APPEAL FROM LICENSE SUSPENSION ORDER AND NOW this -D- day of ~, 2000, by agreement of the parties hereto, the hearing scheduled for September 7, 2000 at 8:45 a.m. is hereby rescheduled for Monday, September 25, 2000 at 2:30 p.m. BY THE C9URT: J) \ ~ l~,~-~ Distribution: David J. Freed, Esquire, Nealon & Gover, P.C., 301 Market Street, 9th Floor, P.O. Box 865, Harrisburg, PA 17108-0865 George Kabusk, Esquire, Commonwealth of Pennsylvania, Department of Transportation, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 - ~~ ~ _~,c_, ", __,' '''''_~ ___ ~ ."_",, .,.'___,C I.','.:,!,'.",. ',,">. '~'.' "': '-0. '_I ',,< ~- !'fi r:".0~ rVPI.':,~":i__" ',: -~"\i,;'; (',"--": l:Vrv v IVI..--I4., '--, ",,_ '-''-''.''1 ~ I "~\" "V'\" \I,. i-'ti !i'Jo. L '-;'"\JVi/-\ y.', ~ .< .., ~ .. JEREMY R. GROSS 267 RIDGE HILL ROAD MECHANICSBURG, PA 17055 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-3668 CIVIL TERM v. COMMONWEALTH OF PENNSYLVANIA CIVIL APPEAL LAW DEPARTMENT OF TRANSPORTATION : APPEAL FROM LICENSE SUSPENSION PRAECIPE TO WITHDRAW LICENSE APPEAL TO THE PROTHONOTARY: Please withdraw the license appeal in the above-captioned matter. Respectfully submitted, NEALON & GOVER By: '))~ David J. Freed, Esquire Attorney I.D. #76622 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 Date: 9/15/00 ,;~, " , ,,! ,"-'. - ~",',L""'--'~..,,,,~,;,;,,,,- , ~~ ,:; ,:~~,L~";;i"..,i:,:', ,-' , , "'~"ft-1 - CERTIFICATE OF SERVICE AND NOW, this 15th day of September, 2000, I hereby certify that I have served the foregoing Praecipe to Withdraw License Appeal on the following by depositing a true and correct copy of same in the United States mails, first-class, postage prepaid, addressed to: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 ~-.-:\~ David J. Freed, Esquire ~ _r- ,"<.'U, o ~,,-,- , '--',1_~,__'_,""~'~-'< ",~_ "'__"~_ ,~" ,~,,'''' "~ " ,,-" ~ ,~- _'J ~ . -- >", ~,'- ~~,- ,<--,/;;.,.-", -~,' ,~< ";"~o"'~;',."",,,, "" " ",~Ol , (') 0 '-"J C 0 "n s: ,I) --,. ~~ r<1 ,";~;n z::r: -0 '~ob' zr:;;: 0:> ",,0 ~~: ~::;~ 1. ':::~(~ kO -0 :c:g ~8 :::r: Q,B ~ ....-'rTI PC: ~ ~ r:" ~ N ,