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DEPARTMENT OF TRANSPORTATION
COMMONWEAL TII OF PENNSYLVANIA
v,
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 91, /7 7'/ CU';..( r.u_
KENNETH R. BROWN,
Appellanl
PETITION FOR APPEAL OF LICENSE SIlSPENSION
AND NOW. eomes Appellant. Kenneth R. Brown, by and through his attorney, Gregory Barton Abeln, Esquire,
who files the following pelition:
J. Kenneth R. Brown is an adull individual currently residing at 550 Middle Creek Road,
Fairfield, PA 17320.
2. On March 18. 1997, Pennsylvania Depanment ofTransponation sent to Appellant a notiee
of Lieense Suspension, a copy ofwhieh is anaehed herelo and incorporated herein by referenee as Exhibit "A".
3. Appellant has a valid Pennsylvania operator's Iieense in his possession.
4. The Appellant has appealed his eonvietion for underage drinking on March 6. 1997. and is
pending a hearing in the eoun of common pleas on the criminal summary appeal.
5. The Appellant believes that he will prevail in lhe criminal appeal because the evidenee was
suppressed by the Cumberland Counly Coun in a companion case. Sec Commoml'eallh \'. Stephen E. Fame)', 46 Cumbo
51 (1997),
6. Ifthc eriminal appeal is sustained. this civil appeal becomes moot.
WHEREFORE. Appellant requests this Honorable Coun to sel a time for a hearing on the priority of Appellant's
lieense suspension and immedialely slay the imposition of his Iieense suspension pending the resull of said hearing.
Date~
Respectfully submitted,
ABI:LN LA_W OFffE1)
MEs{lm~
Gregory Banon Abeln, Esquire
m /I 35,960
Attorney for Appellant
37 East Pomfret St.
Carlisle, PA 17013
717/245,285 I
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COHHONWEALTH OF PENNSVLVANIA
DEPARTHENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
HARCH 25, 1997
I
FAIRFIELD PA
17320
97077b11405439b 001
03/18/1997
24417420
01/17/1978
KENNETH R BROIilN
550 MIDDLE CREEK RD
Dear HR. BROWNI
As a result of your violation on 09/28/1996
Section 6308 (offenses related to alcohol),
privilege is being SUSPENDED for a period of
mandated by section 1532D of the vehicle code.
of violating
your driving
90 DAV(S) as
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 com-
ply 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 privilege.
Failure to comply with this notice shall result in this Bu-
reau referring this matter to the Pennsylvania State Police
for prosecution under SECTION 1571(a)(4) of the Vehicle Code.
Althnu9h thp. lAW mandates that your drivinq privilege is un-
der suspension even if yoU do not surrender your license,
Credit will not begin until all current driver I s license
product(s), the DL16LC Form, or a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEHENT,
WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT
WITHIN 15 DAVS CONTACT THE DEPARTHENT IHHEDIATELV. OTHERWISE,
YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION.
The effective date of suspension is 04/29/1997, 12101 a.m.
Please see the enclosed application for restoration fee in-
formation.
Exhibit "A"
~
DEPARTMENT OF TRANSPORTATION
COMMONWEALTII OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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NO.
KENNETH R. BROWN.
Appellant
CERTIFICATE OF SERVICE
I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License
Suspension was sent to the following address by United States Mail, certified. return receipt requested:
DEPARTMENT OF TRANSPORTATION
Office of Chief Counsel
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Respectfully submitted.
Date '1-7-11
ABELN LAW OFFICES
J)&;'~r(~A ~ $il.~
Melissa S. Heckard
Legal Assistant
37 East Pomfret SI.
Carlisle, PA 17013
717/245,285 I
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