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Home My WebLink About01-2774 FX ~ I' ~'~, !fU!:i"jji,~*;Nf' DANIEL L. HODGES, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANlA v. NO. ()/, oJ77lf ~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : Appeal of Operators License Suspension ORDER OF COURT AND NOW this j.s'1 day of /n.a1t 2001, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this:, matter on the ;;).r;-d day of 9u4 2001 at q; crv 8/p.m. in Courtroom No. if of 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. BY THE COURT: Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market st., Camp Hill, PA 17011 I 'I _, "I " ~ ~~",-"!i"""':""n DANIEL L. HODGES, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 I. :<71'-(' ~ I...u.-- v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of 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 respectfully avers the following: 1. Appellant resides ,at 1810 Pine Street, Camp Hill, Cumberland county, Pennsylvania 17011. 2. The Appellant received a notice dated April 3, 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 two years, effective suspension date May 15, 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 April 23, 2001 regarding his conviction on March 26, 2001. 4. The Appellant submits that there has not been a final \1 disposition of his appeal and that he would be unduly prejudiced if the suspension were to be imposed at this time. ". ,~ ~''\.h"E!il'...~' 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, ";;o'^' Da te : 5" ( '7/ Z (j/J I .'-'~ .-/ " :>", < // " ......---..". ..------ { ~' Marlin L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 'i! ~'~ DANIEL L. HODGES, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ~'!1.ill-'~~!i_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 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 Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: j/ 7 /2 tJO( !I Respectfully submitted, //?~ ~ Marlin L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 .. _ ., ,~C~ ~_~~~-d' - _~;"rMl!iI'~lI 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 for Appellant, Daniel L. Hodges, hereby verifies and states that: 1. I am the attorney for 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 of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 5/7/2(}(J( . Respectfully submitted, /2~ ./ . Marl~ L. Markley, Esqulre 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ,:_d COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 10, 2001 DANIEL L HODGES 1810 PINE STREET CAMP HILL PA 010936114210801 001 04/03/2001 26032550 12/11/1981 17011 Dear MR. HODGES: As a result of your violation an 01/28/2001 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED far a period of 2 YEAR(S) as mandated by section 1532D 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 complY with the requirements stated above, you are required to submit a DL16LC Farm 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 far prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. ,',' Although_ the law mandates that your driving privilege is under ~~spension even if yoU do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Farm, 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. -OTHERWISEJ YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~~ective date o~ suspension is 05/15/2001, 12:01 a.m. Please see the enclosed application far restoration fee in- formation. i""".,j.c" ,~ ... , " ,-,"""1 '. "., .-I_v-:"" . l!:i:; 010936114210801 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 (APRIL 10, 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 CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR. RIVERFRONT OFFICE CENTER HARRISBURG. PA. 17104 " Sincerely, ,~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing " " SEND FEE/LICENSE/DL-16LC/TO: Depar~mentof 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 "iIilj,~lllij~rci;!:~lljll~I1J&1Ii!Ni.l<lfi~"1"A~ i~,*,\,;:..!rJllli_IW'>JjliJ;:~"".r.,^~~";"~ ," ,H~','. "" ,.ri,,~, "_'<d ~A"',';';;>.')' ,-,,",_~,,;Z'iliil!i;_ ~ .ii~ 1 i: - ~~ .. ~. = ~ ~-."> -~ ~~ ~ l. ~ ~ -- -- -- 'W -J ~ __.. _ w. _~ ~.. ~~~.ii ,"1.fU!l~I~jjll!l' "~"_.___ ~ ~~ ~ ~ ~ ~ \ ~ \~\ , ~ ' ~.~ ..* \"JG..: 0)[---' :':-::----, ZI. (/)_"r:;. -</ !<Ci ~() -n P,::: "7 :~ CJ ~~ .' c) , , -';r ,'. . ,-' " I CJ (Ll )::"" (.~~~ (~5 ~~rn 5:J -< :::> (;::. ",-. ,[.1 , , '-' '. ~.; I ". ~. ''''''''''''''"'0-,,_,. DANlEL L. HODGES, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANlA v ClVlL ACTION - LAW NO. 01-2774 ClVlL TERM COMMONWEALTH OF PENNSYLVANlA, DEPARTMENT OF TRANSPORTATlON, BUREAU OF DRlVER LlCENSlNG, Appellee APPEAL OF OPERATORS LlCENSE SUSPENSlON IN RE: APPEAL WlTHDRAWN ORDER OF COURT AND NOW, this 27th day of July, 2001, this matter having been called for hearing, the within appeal is withdrawn, and the suspension of the petitioner's operator's license is reinstated. By the Court, George H. Kabusk, Esquire Office of Chief Counsel Department of Transportation For the Commonwealth ~ - Jl' f'\1 01>-;0 Marlin L. Markley, Esquire For the petitioner :bg