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Home My WebLink About01-4685JAMES KEITH PENNELL, Petitioner VS. DEPT. OF TRANSPORTATION ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ) PENNSYLVANIA ._ : COMMONWEALTH OF PENNSYLVANIA, ) Respondent : LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF MOTOR VEHICI,E OPERATING PR1VII.F, GE,tg AND NOW, this 2~a day of August, 2001, comes the Petitioner, JAMES KEITH PENNELL, by and through his attorneys, the Law Firm of Baturin & Baturin, and respectfully represents the following: 1. Your Petitioner is JAMES KEITH PENNELL, sui juris, an adult individual, bom February 17, 1959, and has Pennsylvania Operator License No. 18589392, and currently resides at 119 Bosler Avenue, Cumberland County, Pennsylvania, 17043. 2. Respondent is the Department of Transportation, Commonwealth of Pennsylvania. 3. Your Petitioner was notified by Official Notices dated July 12, 2001, that his operating privileges would be suspended for a total period of two years and 45 days effective August 16, 2001. Attached hereto, marked Exhibit "A", Exhibit "B", Exhibit "C and Exhibit "D" and incorporated herein by reference are tree and correct photostatic copies of said Notices. 4. Petitioner contends the following: a. The reason for which the suspension is to take place cannot be factually substantiated at the time of hearing. b. The Petitioner was unaware that his license could be suspended for such a period of time and needs time to review said matter with his attorney and the Department of Transportation. 5. Petitioner believes and, therefore, avers that the instant suspension is improper and without merit. WHEREFORE, your Petitioner, JAMES KEITH PENNELL, prays Your Honorable Court to allow the Appeal in order to determine whether his operating privileges should be suspended and Grant the Appeal and dismiss the license suspension. Date: 8/02/01 Respectfully submitted, By:. ~-~ ' MADELA1NE N. BATURIN, ESQUIRE Attorney I.D. No.68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorneys for the Petitioner JAMES KEITH PENNELL, Petitioner YS. DEPT. OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA, ) Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2001 LICENSE SUSPENSION APPEAL I hereby vedfy that the statements made in this Appeal from Suspension of Motor Vehicle Operating Privileges are true and correct to the best of my knowledge, belief and information. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Dated: August 2, 2001 JA~IES KEITH PENNELL JAMES KEITH PENNELL, Petitioner VS. DEPT. OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA, ) Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2001 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Madelaine N. Baturin, Esquire, of the law firm of Baturin & Baturin, hereby certify that I have served a true and correct copy of the Petitioner's Appeal from Suspension of Motor Vehicle Operating Privileges by depositing same, at the United States Post Office, Harrisburg, Pennsylvania, certified mail, return receipt requested, postage prepaid, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Riverside Office Center 1101 S. Front Street/Third Floor Harrisburg, PA 17104 Dated: August 2, 2001 Respectfully submitted, BATURIN & BATURIN By: ',~xJ'~'~ MADELAINE N. BATURIN, ESQUIRE Attorney I.D. No. 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 12, 2001 JAMES KEITH PENNELL 119 BOSLER AVE LEMOYNE PA 17043 WID # 011866117411632 001 PROCESSING DATE 07/05/2001 DRIVER LICENSE # 18589392 DATE OF BIRTH 02/17/1959 Dear MR. PENNELL: This is an O~f~ciaZ Notice o~ the Suspension of your Driving Privilege as authorized by Section 15~q of the Pennsylvania Vehicle Code. As a result of your 04/19/2001 conviction of violating Section 5112A51 of the Vehicle Code,. RED LIGHT VIOLATION, on 10/15/2000: · Your driving Privilege is SUSPENDED for a period of 15 DAY(S) effective 09/05/2003 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 15qq of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. There- fore, PennDOT is assigning this additional 15 DAY(S) sus- pension to your current suspension. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 08/16/2001. You may surrender these items before, 08/16/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY 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 9.00. 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. Exhibit "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY I2, 200i .% JAMES KEITH PENNELL 119 BOSLER AVE LEMOYNE PA 17043 WID # 011866117411619 001 PROCESSING DATE 07/05/2001 DRIVER LICENSE # 18589392 DATE OF BIRTH 02/17/1959 Dear MR. PENNELL: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 04/19/2001 conviction of violating Section $731 of the Vehicle Code DRIVING UNDER INFLUENCE on 10/13/2000: Your driving privilege is SUSPENDED fop a ~eriod of 1 YEAR(S) effective 08/16/2002 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 This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's Permits, temporary driver's licenses (camera cards) in your possession on or before 08/16/2001. You may surrender these items before, 08/16/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY 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 9.00. 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. EXHIBIT "B" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing .~ Mail Date: JULY 12, 2001 JAMES KEITH PENNELL 119 BOSLER AVE LEMOYNE PA 17043 WID ~ 011866117411607 001 PROCESSING DATE 07/05/2001 DRIVER LICENSE ~ 18589392 DATE OF BIRTH 02/17/1959 Dear MR. PENNELL: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 04/19/2001 conviction of violating Section 3733 of the Vehicle Code FLEEING POLICE OFFICER on 10/13/2000: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/16/2001 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORA~ION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served ali the tiae on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return ail current Pennsylvania driver's licenses, learner's permits, t~mporary driver's licenses (camera cmrds) in ~?our possession on or before 08/16/2001. You may surrender these items before, 08/16/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFZCATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 9.00. You must present two (2) forms of proper iden- tAfication (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will until we steps to not receive credit toward serving any receive your license(s). Complete the acknowledge this suspension. suspension following EX~LIBIT "C" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 12, 2001 JAMES KEITH PENNELL 119 BOSLER AVE LEMOYNE PA 17043 WID ~ 011866117411620 001 PROCESSING DATE 07/05/2001 DRIVER LICENSE # 18589392 DATE OF BIRTH 02/17/1959 Dear MR. PENNELL: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 154q of the Pennsylvania Vehicle Code. As a result of your 0q/i9/2001 conviction of violating Section.57q5 of the Vehicle Code, LEAVING SCENE OF ACCIDENT, on 10'/15/2000: . Your driving privilege 'is ~USPENDED fop a pePiod of 20 DAY(S) effective'08/16/2003 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 154~ of the Vehicle Code requires PennDOT to extend any existing suspensson 5 days for each point that would have been assigned to your driver's license record. There- fore, PennDOT is assigning this additional 20 DAY(S) sus- pension to your current suspension. This suspension is in addition to any other suspensions al- ready on your record. COMPLYIHG WITH TItIS SUSPENSIGN You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 08/1672001. You may surrender these items before, 08/16/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY 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 9.00. 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. EXHIBIT "D" ~o~ JAMES KEITH PEN-NELL, Petitioner Vo DEPT. OF TR3kNSPORTATION COMMONWEALTH OF PENNSYLVANIA, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-4685 CIVIL TERM ORDER OF COURT AMD NOW, this 15th day of October, 2001, this matter having been called for a hearing on this date and defendant having withdrawn his appeal, the appeal is dismissed. The Department of Transportation shall reinstate the suspension which was the basis Harry M. Baturin, Esquire 717 North Second Street Harrisburg, PA 17102 For the Petitioner of this appeal effective February 1, 2002. B~~~rt, Theresa Kinsinger-Horvath, Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 For the Respondent pcb Certified Legal Intern