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Home My WebLink About01-0694 FX :! {. .~ ~ DANIEL L. HODGES, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ~9'1 {!;;J -r~ v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal ot Operators License Suspension APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Daniel L. Hodges, by and through his attorney, Marlin L. Markley, Esquire, and respect tully avers the following: 1. Appellant resides at 1810 Pine Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Appellant received a notice dated January 26, 2001, that as a result of his alleged violation of Pennsylvania Crimes Code Section 6308, offenses related to alcohol, his driving privilege was being suspended for a period of one year, effective suspension date March 2, 2001, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. The Appellant filed a Summary Criminal Conviction Appeal before your Honorable Court on or January 3, 2001 regarding his conviction on December 4, 2000. 4. The Appellant submits that there has not been a final disposition of his appeal and that he would be unduly prejudiced if the suspension were to be imposed at this time. ,I , , 5. There was insufficient evidence to convict the Appellant. 6. The Appellant denies he committed the offense. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter and to reverse the Department's Order to suspend his Pennsylvania operating privileges. Respectfully submitted, Date: 1/2~/200( fi~ Marlin L. Markley, Esquire 2108 Market street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 " , , DANIEL L. HODGES, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing : Appeal upon opposing counsel by depositing a copy of the same in ! i the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Otfice of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, Date: 1/;L~/Z,O(l( ij -------- Marlin L. Markley, Esquire 2108 Market street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 il ;, , ;! DANIEL L. HODGES, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension ATTORNEY VERIFICATION I, Marlin L. Markley, Esquire, undersigned counsel tor Appellant, Daniel L. Hodges, hereby verifies and states that: 1. I am the attorney tor Appellant, Daniel L. Hodges; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best ot my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties ot 18 Pa. C.S. 4904, relating to unsworn falsitication to authorities. . Date: I / 2. (, /2 ()O ( . Respecttul1y submitted, a::::~re 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ~<.,.,- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 26, 2001 DANIEL L HODGES 1810 PINE STREET CAMP HILL PA 17011 010196101469405 001 01/19/2001 26032550 12/11/1981 Dear MR. HODGES: As a result of your violation on 09/30/2000 Section 6308 (offenses related to alcohol>, priVilege is being SUSPENDED for a period of 1 mandated by section 1532D of the vehicle code. of violating your driving YEAR(S) as 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 comply 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 privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle 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 product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, 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 of suspension is 03/02/2001, 12:01 a.m. , Please see the enclosed application for restoration fee in- formation. "' 0" ,'J- - - .~, "", 1,_ ,~- ." 'C.'~"I I 010196101469405 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 3D days of the mail date (JANUARY 26, 2001) 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 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-16LC/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 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 , t, ~ ~ \ , ; 'I " DANIEL L. HODGES, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O/-1.9l.f C-U~[~0Lr; v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal ot Operators License Suspension . . ORDER OF COURT AND NOW this q.k:h day of J~ 2001, upon consideration ot the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter on the c23rct day ot G.-p0 2001 at I. .a...J:a-;-/p.m. in Courtroom No. d ot the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b) (1) until such time that this honorable court resolves this appeaL ~ ~ l~O~\~ BY J. Distribution: -PA Dept. of Transportation, Office of Chiet Counsel, Third Floor, , Riverfront Office Center, Harrisburg, PA 17104 .1 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 l.~ , ~ ";r _W - ~-~'.' .~ " "-, ._~; '~~',.,,^,- -"- .,." ~ ",~.....- -!.r'l'f "0.,\\\\ 1.~\ , ." ,,\ '?'I'I t,' (. ,~ co . <'\,-'" -) \J \ r -" ',' " I ,(-\\j~\'< C' \\F:;;,').\;:~~~!h~~p.. ,-" '~>C.\'\N0 .' 1~f':ft1Ml!li!!j.l~~.~jf'i[-~@'!"'<;:~~iff-!,,\J;~'j<~'''T'J;'''''''\1i:~MI'!I~!ij~,",'I!~b'<I'''1B'''li>!1fflI~~!!lIl~'''''!''''''~~~ ^ L._. """'~. .~--,. Tl -'~~'-. , . DANIEL L. HODGES, PETITIONER v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-694 CN1L COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this Jyd day of o,r: / filed in the above referenced matter is: ,2001, the appeal _ DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. _ SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. _ WITHDRAWN by the petitioner. X REMANDED to the Department to CORRECT THE RECORD to reflect that the motorist was found not guilty ofa violation ofa violation of Section 1543 of the Vehicle Code which occurred on September 30, 2000, and to RESCIND the one year suspension which was imposed pursuant to Section 1543 of the Vehicle Code, which is the subject of this appeal. CONTINUED and RESCHEDULED for the day of 2001, at _.m., in Courtroom Number 2 in the Cumberland County Courthouse, Carlisle, Pennsylvania. DISTRIBUTION: George Kabusk, Esquire, PennDOT, Riverfront Office Center-3rd Floor, 1101 So Street, Harrisburg, PA 17104-2516 Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, P A 17011 C"'i"U lJ~rLr ad...., --Ie> (J!,~ -<II J:3/0 f -1 ,:'j ~! " J. ~ FlLEf} QfF\CE ("'_ _, '" ;oNW' IN"OT".rN .Jr" ~ nr:, ;":-,,\...1; r- ;I~,)\"l\. rJ1l 0\ tlPR 2.3 PI" \: h4 CUMBERlAl\lD COUNT'{ PENNSYLVANIA ,/I>' - I I i ~ m . Ii lit< m 11 , _-----"-'-'-"-"-oc._"",_'o'" ,l