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Home My WebLink About01-2807 FX L._I~ ~I I: ->i<-"~~~.hi. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH ANDREW HARRISON, Petitioner NO.OJ-:1i'O,,{ ~/~ CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 9th day of May, 2001, comes the Petitioner, Keith A. Harrison, by his attorney, G. Patrick O'Connor, Esquire, and presents the following appeal: 1. The Petitioner, Keith A. Harrison, is an adult individual residing at 26 York Circle, Mechanicsburg, Cumberland County, PA 17055. 2. The Petitioner has been notified by the Department of Transportation that, effective June 13,2001, his driver's license privilege has been suspended for a period of six (6) months as authorized by Section 1532(b) of the Pennsylvania Vehicle Code, as a result of an alleged violation of Section 3367(a) of the Vehicle Code, RACING ON HIGHWAYS, on April 20, 2001. A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 3. The Petitioner pleaded guilty to the charge of RACING ON HIGHWAYS on or about May 1,2001, to the District Justice in Magisterial District No. 09-3-03, Mount Holly Springs, Pennsylvania, in the mistaken belief that his license would not be suspended for six months as the result of the conviction. ~ ~ ~ , --. ~~ ' !.lllt Mount Holly Springs, Pennsylvania, in the mistaken belief that his license would not be suspended for six months as the result of the conviction. 4. Subsequently, the Petitioner has filed an appeal for a trial de novo in the Court Of Common Pleas of Cumberland County on or about May 8, 2001, which is within the 30-day time limit allowed for an appeal to be filed. 5. The Petitioner believes that, at trial, he will be found not guilty of violation of Section 3367(a) of the Vehicle Code for which the instant suspension has been imposed. 6. In the alternative, the Petitioner avers that the Respondent had failed to notify the Petitioner of his suspension prior to the date of his alleged violation, that said failure was the result of fraud and a breakdown in the administrative system of justice, that the Petitioner had no knowledge of his suspension prior to the alleged violation, and that the Petitioner relied to his detriment that he was not under suspension. 7. The Petitioner respectfully reserves the right to file additional and supplemental reasons in support of the instant Petition should additional facts or defenses be later discovered by counsel. WHEREFORE, PURSUANT TO 75 P.S. Section 1550, the Petitioner respectfully requests that this Honorable Court set a hearing on this matter and that it further order the immediate restoration of Petitioner's vehicle registration privileges until further Order of this Court. ~.~~- 11_ I, . ~ I . ~ J -"I:llIIIlWi.IiW~, Respectfully submitted, #~~ /G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (7l7) 737-7760 Attorney for Petitioner l I - ~ VERIFICATION I, Keith A. Harrison, state that I am the Petitioner in the above case and hereby certify that the information provided herein is true and accurate to the best of my knowledge, information and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. ~' / ': A""",,_ " Keith A:. arrison DATE: ~-- y-o I , , "~' ~ ,~... ",-.. ~WL I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND 'COUNTY, PENNSYLVANIA KEITH ANDREW HARRISON, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent NO. CIVIL ACTION - LAW APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein petition to the party indicated below by depositing same in the United States mail, certified mail, postage prepaid, at Camp Hill, Pennsylvania: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104 DATE: s/JYc'/ G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner J,- - "';.: ~ I, .I , ~~..,i-' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 09, 2001 KEITH ANDREW HARRISON 26 YORK CIRCLE MECHANICS BURG PA 17055 WID I 011229283783630 001 PROCESSING DATE 05/02/2001 DRIVER LICENSE I 21305703 DATE OF BIRTH 10/25/1965 .D!!8J:. MR. HARR ISQIil: This is an Official Notice of the Suspension of y.our Driving Privilege as authorized by Section 1532B of the PennsYlvania Vehicle Code. As a result of your 05/01/2001 conviction of violating Section 3367 of the Vehicle Code RACING ON HIGHWAYS on 04/20/2001: . Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 06/13/2001 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 RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if yOU have served all the time on the suspension/revocation. we cannot restore your driving privilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera card's)in S/il-ur possessi'on-on-'-or'6eTore -06/1312001. You may surrender these items before, 06/13/2001, for earlier credit; however, YOU may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION 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 identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain YOur photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this sullPJiHlBmH'A" EXHIBIT "A" - _L....;.---'-. IIf!(lo'l ^'. ,I, 011229283783630 1. Return all current PennsYlvania driver's licenses, learner's permits and/or camera cards to PennDOT. If YOU do not have any of these items, send a sworn notarized letter stating YOU are aware of the suspension of your driving privilege. You must specify in Your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania D-epsrtment of Transportatio-n Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt. review and acceptance of your PennsYlvania driver's licensees), learner's permit(s), and/or a sworn notarized letter, PennDOT will send YOU a receipt confirming the date that credit began. If yoU do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, YOU will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If YOU do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. ~ '-, -ol.w_L.< .<' "",I ,;.," T;"F- ,,-,J~' J~ilil!itj,-,jilEr~ !mliUJi.!j);lfJi-~~~IM;,i~iWi1;,o,;,;,~;"-~,",,,_;f~Jh;" -, , lWi<:i$~4,-;a,;.w~WOOljBli1r)M:.iIki-~.m ,~\. --. 19'\ . tp?S Hjp - t,;~J ff ~ ,4ff!€d "'\ I C)<N' Gb CoL<A-t jo" I~Ov\.&1'fJ cioJ,c . '1\ ('.(. . ^U'V\, C ',' _ r! C L fi . ".,yi~~ \, ~ "" v '- '0 _ \,A V'J.! ,1i.Ll , ~,. . _.L " .," - ~ ., "~",~.,~" ^ . . ~ 'I I '^,-" " <L '-", "'", 011229283783630 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send you a letter asking that yOU provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if yOU do not own a vehicle registered in Pennsylvania. Important: 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, MAY 09, 2001; of this letter. If YOU f~le an appeal ~n the County Court, the Court w~ll g~ve yOU a t~me-stamped certif~ed copy of the appeal. In order for your appeal to be valid, yoU must send this time-stamped certified 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, t his is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/13/2001. 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 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 pW ./, 1i'>W"'i,;;0 1,1 " I .,. '~ '~ KEITH A. HARRISON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF : NO. 2001-2807 CIVIL TERM PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 22ND day ofMA Y, 2001, the License Appeal hearing on the above captioned matter scheduled for Wednesday, June 6, 2001, is rescheduled for FRIDAY, JULY 6, 2001, at 8:30 a.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, Pa. 17011 For the Petitioner George Kabusk, Esquire For the Dept. of Transportation ? lIP' ~.').. :sld ~~IiiIW1illiiMr$;iitliii.._llli1ili-lWim~!lliC~Mj~;"1f;'';;;i'>::''':<1;'';M'IM&..cl["J,,,..'k.:!:;tii<".II"..;liH!l~1i~ '" ,,--".~ ~U~' 1 n~' . - iii ~_li('<<' ii~lrr~' ~,~ .. 'j Vi[\JV/0ASNN3d l ! \;I~"'~"'l ' 1'"1' I'-''---I''f")'' j\L\ ,~,;'" ">,-",~"\: :) '. 1.:.'(, ." ,.' 'i f'2; ;:.',,';-.i I':"~ 111'1: :\d',' . ,I"' J!I';"'~"~"M.n '. '" ..L,III.lWlI!!IL....."... ....' , ,.,_." .. .." ,_,..... -.. ~ ~" ~= . .- --~~ - " I L .1_. . _,,",__ l.. .. ~ ~,. L. "J,.~.~. l......_-""fir,~' . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA KEITH ANDREW HARRISON, Petitioner ot-..{%u7 ~ NO. CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES . '" ORDER AND NOW, this II day Of~, 2001, upon consideration of the instant Petition, it is hereby ordered and decreed that a Rule to Show Cause why the herein Petition should not be granted shall be issued on the Respondent, the Department of Transportation. of the Petitioner, Keith Andrew Harrison, which are scheduled to take effect on June 13, 2001, for alleged violation of Section 3367(a) of the Motor Vehicles Code on April 20, 2001, is hereby set aside and, unless the Petitioner shall be ineligible to operate a motor vehicle in Pennsylvania for any other reason, his operator's license privileges shall remain in full force and effect until further order of this Court. Judge o ~~ ~()\ ,/ <f( ~} V I , , .. , . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH ANDREW HARRISON, Petitioner NO, 01-2807 CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES PRAECIPE TO WITHDRAW APPEAL TOTHEPROTHONOTAR~ Please mark the APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES filed on May 9, 2001, in the above-captioned action as Withdrawn, Thank you for your consideration, Dated: ~ . Patrick O'Connor, Esquire Attorney for Petitioner !.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 . ~ ~- - , ""_-~'~h'_~', , , . -"'1~ .~ .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH ANDREW HARRISON, Petitioner NO. 01-2807 CIVIL ACTION - LAW v. COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, Respondent APPEAL FROM SUSPENSION OF OPERATOR'S LICENSE PRIVILEGES CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing PRAECIPE TO WITHDRAW APPEAL upon the person indicated below, by first-class U.S. mail, postage-prepaid, from Camp Hill, Pennsylvania, to: Office of Chief Counsel Attn: George H. Kabusk, Esquire Pennsylvania Department of Transportation Riverside Office Center 1101 S. Front Street Harrisburg, PA 17104 DATED: 7//JpI , Respectfully submitted: ~~ /G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Petitioner