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Home My WebLink About97-06616 . , l' ~ <t'\ <+ . t - .. \l 3 ~ t E c3 I ... > ~ \I ~ G: !! \", \ I / /' .' / , ,} t .... ~ - . . .0;) .. <::..J " ::;/ -..) I t"- ~ . ~; ~. . c~ ~"'I .' ", 97 r':":" - I -," ; I, '.': 17 C'.., '.',.,.....- p~ .... 'i!- .J...... ",f n , I' 1 ; 1 1 i I I 1 , KEITH B. FLETCHER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Petitioner vs. . : NO. ct1- l1<ll1\lR G:...:J) T'I.I1fT) . PETITION FOR REVIEW COMMONWEALTH OF PA DEPT. OF TRANSPORTATION BUREAU OF DRIVER LICENSING, PETITION FOR REVIEW 1. This Court has jurisdiction pursuant to 42 Pa. C.S.A. Section 933(a)(I)(ii). 2. Keith B. Fletcher, Petitioner, is seeking review of the Department ofTransportation's suspension of the Petitioner's operating privileges as a result of violating 75 Pa, C.S.A. Section 3731. 3. The mail date is November 7, 1997 and signed by the director of Driver Licensing, Rebecca L. Bickley, a true and correct copy of the letter from PennDOT is incorporated herein, made a part hereof and attached as Exhibit "A" 4. Mr. Fletcher has filed timely past sentence motions attacking his conviction. Said motions arc to be addressed following submission of briefs by the Defendant and the Commonwealth. 5. Keith B. Fletcher requests supercedaes from the court on this driver's license suspension pending hearing. t WHEREFORE, the Petitioner respectfully requests that this Honorable Court set a date for hearing in this matter and after hearing hold the Department's action to be improper and order reinstatement of the Petitioner's driver's license. .,. Respectfully submitted, .-:::::- ....--++. . A-~v~~~ MICHAEL D. RENTSCHLER Attorney for Petitioner 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATIDN Bureau of Driver Licensing Harrisburg, PA ' 1.7123 NOVEMBER 07; 1997 . . , HARRISBURG PA J.710i! ~7304b117i!33b8' DOl 10/31/1'1'17 i!1J.7 555i! 1i!/i!8/J.'Ibb KEITH BRYANT FLETCHER 1'111 NORTH 4TH STREET ) . . Dear Motoristl . As a resu~t of your conviction on '09/24/1997 .of . violating Section 3731 of the Vehicle Code, DRIVING UNDER INFLUENCE on 08/2511996, !lour driving privilege is being SUSPENDED for a period of 1 YEARCS) as mandated by Section 1532B of the Vehicle Code. .' , In order to complY with this sanction you are required ,to return any current driver's license, learner's permit and lor temporary driver' 5 license Ccame,ra 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 DL'16LC Form or a sworn affidavit stating that you are aware of the sanction against you'r driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to th~ Pennsylvania State Police for prosecution under SECTION 157lta)C4) of the Vehicle Code. , 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 productCs), the DL16LC Form, or a letter acknowledgi~g your sanction is received in this Bureau. WHEN THE DEPARTMENT RECE I VES YOUR LICENSE OR ACKNOWLEDGEMENT, 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 ~f suspension is 12/12/1997, 12:01 a.m. , 973046117233689 . . .. Please see the enclosed application. for restoration fee information. You will be notified of any outstanding restoration requirements approximately 30 days before the eligibility date of' the restoration of your driving privilege. You must follow those instructions very carefully in order td have your driving priVilege restored. , , . i I ; ~ ! , It f 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 tNOVEMBER 07, 1997l of t:his nlltice. PLEASE NOTE that this.Civil Appeal is in addition to any appeal you have to file from the criminal conviction. I THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR. RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 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 (7100 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9100 PH) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 . f n ..D g ~ ~ ~ '" ,.,u' r? :J 1"\ ~ t:.. P;' ,..., 1:-!1 (ii .0< ,- m (' I -,1"1 .J ..0 - ..Q .{J OJ 8 .C :!': ." .:5 ~ . ." ~ .- ,.. , ..-) ,', -- )10 ~ .- :.\ 11- ~ '" ~ cO> i I -; t CS .. KEITH B, FLETCHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. NO, 97-6616 PA DEPARTMENT OF TRANSPORT A TION CIVIL TERM ~,,. 1 ; I , ; ORDER . AND NOW. this ~ day of FW"""'j , 1998, upon consideration of the request of Michael D, Rentschler. Esquire. attorney for Petitioner Keith B, Fletcher. in the above case, the license suspension appeal ht:aring which was previously scheduled for March 5, 1998 at 9:30 a,m, is rescheduled to September 3. 1998 at 9:30 a,rn,. Courtroom No.4. Cumberland County Courthouse. the Honorable Kevin A, Hess, presiding, BY THE COURT. ./1 BLE KEVIN A, HESS, JUDGE " Distribution: - Michael D, Rentschler, Esquire ~ ~ ,;}..J1-!,!.," George Kabusk, Esquire. Office of Chief Counsel, Commonwealth of Pennsylvania, Department of Transportation r- .- . . .' . ".1 (,'.)r.~..~ ~,7 ., j' ~, _ J ~ ; j ~ {: . ~ lj Ci " F~:t\, ,,_,': ~^ I , ,'"j t ~ 1 , ~ PA DEPARTMENT OF TRANSPORTATION : IN HIE COURT OF COMMON I'l.EAS OF : CUMBERLAND COIJNTY, I'ENNS YI. VANIA Respectfully suhmittcd. vs, : NO. 97.6616 KEITH 8, FLETCHER : LICENSE SIJSPENSION AI'I'EAI. PRAECIPE TO WITlIDRA W APPEAL Kindly withdraw the appeal of the license Suspensiun of Kcith n, Flctcher In the above case, -- . ~~~~<<~ MICIIAU. D, I(I~NTS('III.ER. ESQUIRE 13()() Murket Strect. SullC 200 I.cmoync.I'A 17043 Attorney for Kcith B, Fletchcr 8 \l) 9. i' ll) -~ '- lJC~ :;,~ ~I n'f': '-~ .<:4, /1. N ((I," N !~ ;:~t; -0 ;i- ;~L -'j- --'/ ~ ~ ~ ,--.;) ~ r.