HomeMy WebLinkAbout00-07829
DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 0-0. ?fYJ ~ '/.v-
JEFFREY T. SRAMEK,
Appellant
APPEAL FROM LICENSE SUSPENSION
ORDER OF COURT
AND NOW, this g-Mday of NOVWf/'(.,
2000,
upon presentation and
consideration of the within Petition For Appeal From License Suspension, a hearing is set for the
:J..NJ day of ;:;;/C..w.I"IJ , 200/, at .2 ;()b o'clock .f....m. in Courtroom No. 5 of the
).001
Cumberland County Courthouse.
FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the
disposition of this appeal hearing.
BYili~
a IdtU E. (;4A-,.,jd J.
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cc: Gregory Barton Abeln, Esquire
Pennsylvania Department of Transportation, Office of Chief Counsel
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00 ~m\J -9 AN 10: 42
CUMBERlAND COUN1Y
PENNSYLVANIA
.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 071- '7t;;lfj ~ T.u--
DEPARTMENT OF TRANSPORTATION, :
COMMONWEALTH OF PA
JEFFREY T. SRAMEK,
Appellant
PETITION FOR APPEAL OF LICENSE SUSPENSION
AND NOW, comes Appellant, Jeffrey T. Sramek, by and through his attorney, Gregory
Barton Abeln, Esquire, who files the following petition:
1. Jeffrey T. Sramek is an adult individual currently residing at 506 Naugle Hall, Shippensburg,
Cumberland County, PA 17257.
2. On October 10,2000, the Pennsylvania Department of Transportation sent to Appellant a
notice of License Suspension, a copy of which is attached hereto and incorporated herein by
reference as Exhibit "A".
3. Appellant has a valid Pennsylvania operator's license in his possession.
4. The Appellant had not been served with the citation charging him with underage drinking,
until after he received notice of his license suspension (Exhibit A), and never entered a plea to the
charge.
5. The appellant has entered a plea of not guilty to the citation and has been granted a hearing
on the merits of the citation for which this suspension is based.
6. The Appellant believes that he will prevail in the criminal appeal because the evidence was
insufficient as a matter of fact and law.
7 If the criminal case is dismissed, this civil appeal becomes moot.
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WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the
priority of Appellant's license suspension and immediately stay the imposition of his license
suspension pending the result of said hearing.
Respectfully submitted,
Date \ .... /""3 / DO
I P
ABELNLAW~
03B(Q
'Gregory Barton Abeln, Esquire
ID # 35,960
Attorney for Appellant
37 East Pomfret St.
Carlisle, P A 17013
717/245-2851
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Oct,~6, 2nOD._12:2SPM
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Taci'i'~ Peal Es~ate ,Advisor~
No, : 5 R7 P. L
COMMONWEALTH OF PENNSYlVPN1~
DEPARTMENT OF TRANSPORTATION
Bureau of Dl'iver licesl~.ifi-3
Har~i~bur'D; Ph 17J23
OC1'05t~ In. ~~~u
LANSDALE FA
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~02??blry?qu~!!~ OO~
10/03/2000
2b~~1.1~C
n1/JJ1/1~~J)
JEFfREY TRENT SRAMEK
815 W "T VERNON STREET
O~ar MR. SRAMEK:
As a result of your violation on 08/1ZIZOOO of violating
Section 6308 (offens\ls related to alcohol), your driving
privil~ge is being SUSPENDED for a period of 90 DAY{S) as
mandat~d by section 15520 of the vehicle code.
In order to com~lY with this sanction you are required to
return any curr~nt driver's license, learner's permit andlor
temporary driver's license (camera card) in your possessicn
no later than the effective date listed. If you cannot
comply with the requirements stated above, you are required
to s~tffiit a DL16LC Form or a sworn affidavit stating that
you are aware Of the sanction against your driving privi-
lege. Failure to comply with this notice shall result in
this Bureau r~ferring this matter to th~ P~nnsylvania State
Polic~ for prosecution under SECTION 1571(a)(4) of the Ve-
hicle Code.
Although the law mandates that your dr-iving privilege is
undar suspsnsion ~v@n if you do not surrender your license)
Cred:it. will net begin until all eUr...~nt rl~tver's. license
product(s), the DLl6lC Form, or- a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPAR.TI'IENT REeE IVES YOU!l lICENSE OR ACKNOWLEDGE-
MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO HOT RECEIVE THIS
RECEI~r WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY.
OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS
SANCTION.
The effective d~te of suspension is 11/14/2000, 12:01 a.m.
Please see the enclosed application for restoration fe~ in-
formation.
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Dct.16. 2000 12:25PM
Taetlx Rea: Estate Adv;sors
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002776102948886
You have the ri9ht to appeal the Department's action to the
Court of Common Pleas (Civil Division) within 30 days of the
mail date [OCTOBER 10, 2000) of this notice. PLEASE NOTE
that this Civil Appeal is in addition to any appeal you have
to file from the criminal conviction.
THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO:
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF COUNSEL
THIRD FLOOR, RIVERFRONT OFFICE CENTER
HARRISBURG, PA. 171D4
SincQ,...ly,
~~,~
Rebecca L. Bickley, Director
Bureau of Driver l~censing
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harri~burg. p, 17)'06-8~~3
INFORMATION [7:00
IN STATE
OUT-Of-STATE
TOO IN STATE
TDD O~T-Uf-STATf
AM TO 9:00 PM)
}-800-932-4600
717-391-6190
1-8\J0-228-Q676
717-391-619J
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DEPARTMENT OF TRANSPORTATION
COMMONWEALTH OF PA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO.
JEFFREY T. SRAMEK,
Appellant
CERTIFICATE OF SERVICE
I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal
from License Suspension was sent to the following address by United States Mail, certified, return
receipt requested:
DEPARTMENT OF TRANSPORTATION
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, P A 17104
Respectfully submitted,
Date ~(~ / ISO
ABELN LAW O~
~~ ~
Gregory B. Abeln, Esquire -
37 East Pomfret St.
Carlisle, PA 17013
717/245-2851
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