Loading...
HomeMy WebLinkAbout02-5939 Vo DONALD J. PALMER Petitioner COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : : TO THE HONORABLE JUDGES OF SAID COURT: APPEAL OF LICENSE SUSPENSION FROM CHEMICAL TEST REFUSAl, AND NOW, this ~' day of ~)~,.~LV~'~ ~' ,2002, COMES Petitioner, DONALD J. PALMER, through his attorney, Sanford A. Krevsky, who petitions this Honorable Court to appeal the suspension of his license and, in support thereof, offers the following: 1. Petitioner, DONALD J. PALMER, is a Pennsylvania resident residing at 17 Columbia Drive, Camp Hill, Pennsylvania 17011. 2. On November 14, 2002, Petitioner was advised by the Department of Transportation that his license was to be suspended for violating § 1547 of the Vehicle Code, Chemical Test Refusal (Exhibit A). 3. Petitioner is permitted to appeal the suspension of his license. WHEREFORE, Petitioner praise your Honorable Court to appeal the suspension of his license and to lift the suspension of license pending a hearing on this matter. Respectfully submitted, DATE: anford Ax~vsky' [3qquire 1101 NorthXl~on~Street Harrisburg, p~ (717) 234-4583 I.D. # 15560 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= NOVEMBER Iq, 2002 DONALD J PALMER 17 COLUMBIA DRIVE CAMP HILL PA 17011 WID # 023116114665892 001 PROCESSING DATE 11/07/2002 DRIVER LICENSE ~ 24105643 DATE OF BIRTH 06/09/1949 Dear MR. PALMER: This is an Of~tctaZ Notice o~ the Suspension of your Driving Privilege as authorized by Section 15q7 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/20/2002: · Your driving privilege is SUSPENDED ~or a Period o~ YEAR(S) e~ectlve 12/19/2002 at 12:01 a.m. WARNING: If You are convicted of driving while your license is suspended/revoked the penalties will be a MINIMUM of 90 days imprisonment AND a $1-,000 fine AND your driving privilege will be suspended/revoked for a MINIMUM 1 year period ~OMPLYING WITH THIS SUSPENSIO~ You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in Your Possession on or before 12/19/2002. You may surrender these items before, 12/19/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU NAY NOT RETAZN.YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. 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 wtZ1 not recelve credlt toward serving any suspension untO! we receive your [~cense(s). Complete the following steps to acknowledge this suspension. EXHIBIT A 02311611~65892 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 LScensing P.O. Box 68695 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), 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>(~> of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEF 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 credit, proper Follow the payment and mailing instructions on the back of the application· 023116114665892 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, NOVEMBER 14, 2002, of this letter. Zf you file an appeal in the County CouPt, the Count wtll g/ye you a time- stamped centl~led copy of the appeal. In order for your appeal to be valid, you must send this t/me-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Offic~ Center Harrisburg, PA 17104-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 12/19/2002, Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-4600 TDD IN STATE OUT-OF-STATE 717-591-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-591-6191 Vo DONALD J. PALMER Petitioner COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : -' No. : : _, VERIFICATION I, DONALD J. PALMER, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: DONALD J. PALMER DONALD J. PALMER Petitioner COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. ; : : CERTIFICATE OF SERVICE AND NOW, this ~©~day of (~A 51.J[~,'~'~ ~ 2002, I, Aimee L. Rasheed, for the Law Firm of Krevsky & Rosen, P.C., hereby certify that a copy of the foregoing Appeal of License Suspension was sent by First-class Certified U.S. Mail, postage prepaid, on the following: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104 Aimee L. Rasheed 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 2002 DONALD J. PALMER Petitioner COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ORDER OFCOURT AND NOW, thiss~day of LQ~~3G~ ,2002, upon consideration of the within Petition, IT IS HEREBY ORDERED AND DECREED that a hearing on this matter be held on the~day of ~C'Y~,~,~ ,~:13~o , in Court Room No. ~ at 3;/10 o'clock~_. m., in the ~n Co~W Co,house. A Stay of Petitioner's License Suspension is hereby issued pending the disposition of the Appeal. Distribution: Je Sanford A. Krevsky, Esq. 1101 N. From St., Hbg. PA 17102 Penn DOT, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 COMMON-WEALTH OF PENNSYLVANIA : : V. DONALD J. PALMER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEFINSYLVANIA NO. 02-5939 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of March, 2003, this matter having been called on an appeal, and upon agreement of the Department and the petitioner, the appeal is WITHDRAWN AND DISMISSED. The Department agrees to reimpose the suspension effective June 30, 2003. By the Court, Edgar B. Baytey, j. George H. Kabusk, Esquire For the Department of Transportation Sanford A. Krevsky, Esquire For Defendant prs