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Home My WebLink About98-00026 .. ~ " ~ .... \/ q ~ ~ J . ~ . . ~ ~ \) 3 '2 () , ~ o U .J c1 . 0.- a-- COMMONWEALTH OF PENNSYLVANIA PENNSYLVNIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LIBERO MARINELLI, JR., Appellant No. 98-26 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of March, 1998, upon consideration of the Appellant's Appeal From License Suspension, and the Appellant having failed to appear for the hearing on the appeal, and the Court having waited in excess of 15 minutes beyond the time scheduled for the hearing to facilitate the Appellant's appearance, and upon motion of the Commonwealth in the person of George H. Kabusk, Esquire, the Appellant's Appeal From License Suspension is dismissed. 1 Q "'" ;, In co 9. :7J /;i:!.J '.,hi ~3c~ : ,J"J ,:-):1' '.cp \:3"1 ~ ;.0 -<: By the - _.1. ;-Je .-';';:J '--' J .." -, h_ GEORGE H. KABUSK, ESQUIRE For the Appellee 1~.:J "'1 LIBERO MARINELLI, JR. 2908 Westbury Court, #809 Camp Hill, PA l7011 Appellant _ ~~w f"l'w.&.L 'fit /'18 , ,,J.f, 1 It is noted that this appeal represented a collateral attack upon a conviction. 1 COMMONWEALTH OF PENNSYLVANIA ) PENNSYLVANIA DEPARTMENT OF ) 2 TRANSPORTATION, BUREAU OF ) DRIVER L1CENSING, ) 3 ) Appellee ) 4 ) v. ) 5 ) L1BERO MARINELLI, JR., ) 6 ) Appellant ) 7 ) 8 JAN 0 6 1998 ~I\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 9P - .:u., (2;ul'l 1Z...^l 9 ORDER OF THE COURT 10 AND NOW, this !i1E day of -1~~ U i /1998, based upon the 11 Appellant's Appeal, a Hearing shall be held on ;;~:b'u day of /ntI.A.t.A ..J , 12 1998/ in Courtroom I at 9! 00 o'clock.Q.. m, at the Cumberland County . 13 Courthouse, 14 15 16 17 18 19 Date: l1/fR' 20 21 22 23 24 25 26 27 28 J. ~' '';:,'f,:.I,S''';:\I;ld 'l"~ ""',,' ','" "n" ^ :,1 "_',' \.' ,', ,:~:::~.r \' oJ ~.:; :, :id 6- i.lI' 8& A'-' 'I'''" '." "':;,i "~I JO o v...\... t \ ~I '.~... _'_ -01 ,_ _ 3:I;Ho-a3il~ 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The Appellant, Libero Marinelli, Jr., is an adult individual who currently resides at 2908 Westbury Court, #809, Camp Hill, Cumberland County, Pennsylvania. 2. The Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Bureau of Driver Licensing, Harrisburg, Dauphin County, Pennsylvania, 17123, is a state agency. 3. The appellant was arrested on September 29, 1997 allegedly for knowingly operating his motor vehicle after suspension of registration. 4. The Appellant pleaded guilty to the alleged offense and paid a fine for the alleged offense as a matter of convenience, without knowing the collateral consequences of a conviction for the alleged offense, i.e., the suspension of his driver's license. 5. The Appellant was notified on or about December 12, 1997, that his license was being suspended for a period three months, and that such suspension would go into effect on January 23, at 12:01 A,M. A true and correct copy of the Notice from the Appellee is attached as Exhibit "A" to this Notice of Appeal. 6. At the time of his arrest, the Appellant was not aware that the registration for his motor vehicle had been suspended. 7. The suspension of the Appellant's driver's license would cause him extreme hardship. 1 8, Simultaneously with the filing of this notice of appeal, the Appellant Is 2 filing a notice of appaal to Initiate an appaal nunc pro tunc of his conviction for the 3 alloged offense of driving his motor vehicle subsequent to the suspension of the 4 registration for that motor vehicle, and believes that If an appeal pursuant to that 5 notlca Is grant, It will be found to have substantial merit and result in the reversal of 6 his conviction. 7 WHEREFORE, the Appellant respectfully requests that this Honorable Court 8 grant him a hearing and order the Appellee to rescind its order suspending the 9 Appellee's driver's license. 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LISE 0 MARINELLI, JR. 2908 Westbury Court #809 Camp Hili, Pennsylvania 17011 (717) 763-8917 -2- I .. . 1 CERTIFICATE OF SERVICE 2 It Is hereby certified that a true copy of the foregoing Notice of Appeal has been 3 served on the Appellee, this 5th day of Jenuery, 1998, by melllng e copy of the seme 4 by certified mall, through the United States Postal Service, with postage prepaid and 5 properly addressed as follows: . ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania I , j ., I , . , . . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 DECEMBER 19, 1997 LIBERO MARINELLI JR 2'108 WESTURY G "l734b"l2838b4bb"l 001 12/12/1'1'17 24801'184 Ob/2"l/1"l42 CAMP HILL PA 17011 Dear Motorist: As a result of your conviction on 11/18/1997 of violating Section 1371 of the Vehicle Code, DRIVE WHILE REG.SUSP/REVO on 09/29/]997, your driving privilege is being SUSPENDED for a period of 3 MONTH(S) 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/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 l57I(a)(4) of the Vehicle Code. ~ Although the 1all mandates that your driving privilege is un- der 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 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. ':I 1 The effective date of suspension is 01/23/1998, 12:01 a.m. r Please see the enclosed application for restoration fee in- formation. t, ~...~ 973469283864669 You will be notified of any outstanding restoration require- ments approximately 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. 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 (DECEJ-lilER 19, 1?97) ::d thi= n:>tico. PLEASE NQTF. 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, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-I6LC/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 PH) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 '111 ' ~ t/o .... CQc;l,60 LflrlD Cw,..-r'l CClu(l.11tbI.lS& ('..Ll~~ ~ ~~H 5'15. ~DItlL, t:. ~I'r 11013 CMLL.\ 'ill-I:;; ~~ \)o'l( ~ ~ 0 .~ C\J 1; 't' r- .. - .... :t: <Sir ~ ~ Q.. O~ ~ lJ") :"'" .s: 0- ...-,....J U) , :S;fi; .....sl .:;"; '52: uj ':;j ~. . .7 ~ l. (0 fO a,:, ,-0; ~ ~ CTl :3 'F CJ ~ r:J... . ; . .