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Home My WebLink About03-1090IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent, VS. GIDRY M. PRIEBE Petitioner, 'No. PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S I,ICENSE TO THE HONORABLE JUDGES OF SAID COURT: 1. Your Petitioner, Gidry M. Priebe, is an individual currently residing at 1423 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania. 2. Petitioner received an Official Notice of Suspension from the Pennsylvania Department of Transportation notifying him that his present operator's privilege, bearing Driver's License Number 26834897, was being suspended effective March 19, 2003 at 12:01 a.m. as a result of violating Section 3734 of the Vehicle Code, allegedly Driving Without Lights on December 8, 2002. A tree and correct copy of said notice is attached hereto, made a part hereof and attached as Exhibit "A". 2. Petitioner was found guilty of violating Section 3734 and, thereafter, filed a timely appeal of that conviction. 3. The Notice of Suspension is insufficient as a matter of law and violates due process under the Pennsylvania and United States Constitutions. 4. Said suspension is not supported by the evidence and is erroneous as a matter of law. 5. Said suspension is unconstitutional in that it violates due process and equal protection under both the Pennsylvania and United States Constitutions. 6. The suspension should be lifted because Petitioner has filed a timely appeal of his conviction upon which the collateral civil license suspension is based. Since the Petitioner filed an appeal to the underlying conviction that forms the basis of the suspension, the suspension must be stayed pending the resolution of the Petitioner's criminal vehicle code appeal. Consequently, at this point there is no basis for the license suspension. 7. Since the Petitioner filed a timely appeal to the vehicle code violation, the suspension is contrary to law. 8. Said suspension should be automatically stayed upon the filing of this petition and upon timely notice to the Department of Transportation. WHEREFORE, your Petitioner respectfully requests that this appeal be granted and, in the interim, that this Honorable Court enter a stay of the suspension of Petitioner's operating privileges pending this appeal. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717)975-9129 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing MaiI Date: FEBRUARY 12, 2003 GIDRY M PRIEBE 1423 SLATE HILL ROAD CAMP HILL PA 17011 WID ~ 030369283863652 001 PROCESSING DATE 02/05/2003 DRIVER LICENSE ~ 26834897 DATE OF BIRTH 07/11/1984 Dear MR. PRIEBE: This is an OfflclaZ Notlce Of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 02/03/2003 conviction of violating Sect/on 373q of the Vehicle Code DRIVING WITHOUT LIGHTS on 12/08/2002: Your driving privilege is SUSPENDED for a perlod of 6 HONTH(S) effective 03/19/2003 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 RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the t/me on the suspension/revocation, we cannot restore your driving pr/v- tlege until all the requirements are sat~sfted. 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 03/19/2003. You may surrender these items before, 03/19/2003, 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 ~10.00. You must present two (2) forms of proper /den- tification (e.g., birth certificate, vaiid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive credit toward servlng any suspension untll we receive your license(s). Complete the following steps to acknowledge this suspension. 030569283863652 ~ROVIDING PROOF OF INSURANCF Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will 11st acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Zmportant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, FEBRUARY 12, 2003, of this letter. Zf YOU file an appeal in the County Court, the Court wll1 glve you a time- stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office 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 03719/2003. 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 (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 VERIFICATION I, Michael D. Rentschler, as lawyer for the Petitioner, verify that the statements made in the foregoing PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE are true and correct to the best of my knowledge, information and belief. I further state that I am authorized to sign this verification on behalf of Petitioner. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Michael D. Rentschler CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Petitioner's PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE was served Certified Mail upon the following: PA Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Court Harrisburg, PA 17104 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent, · No. VS. GIDRY M. PRIEBE Petitioner, . ORDER AND NOW, this .~day of 1~~ ,2003, upon consideration of the within PETITION FOR APPEAL FROM ORDER OF SECRETARY OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE, a hearing is hereby scheduled to occur on ~J'l~.~ ~- ,2003,/-'~p.M., Courtroom No. ~ the Honorable · , Judge ~"~1,o~ ~ {~'"& ., presiding. Supercedeas of the suspension of Petitioner's operating privileges is hereby GRANTED pending resolution of this appeal. Distribution: Penn DOT ~ ~ Petitioner Michael D. Rentschler, Esquire Court Administrator BY THE COURT, COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION : : V. GIDRY M. PRIEBE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-1090 CIVIL TERM ORDER OF COURT AND NOW, this 5TM day of MAY, 2003, the hearing scheduled for Monday, June 2, 2003, at 1:00 p.m. is continued until FRIDAY~ JUNE 20~ 2003~ at 12:00 NOON in Courtroom # 5. Edward E. Guido, J. .Ab~orge Kabusk, Esquire Riverffont Office Center 1101 South Front Street Harrisburg, Pa. 17104 · ACiichael D. Rentschler, Esquire 1300 Market Street, Suite 200 Lemoyne, Pa. 17043 :sld COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION Respondent V. GIDRY PRIEBE, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-1090 : : LICENSE SUSPENSION PRAECIPE TO THE PROTHONOTARY: Kindly withdraw above-captioned appeal. Respectfully submitted, Michael D. Rentschler, Esquire 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID # 45836 Attorney for Petitioner