The URL can be used to link to this page

Home My WebLink About01-03515 . , AARON M. YOST, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 01-3515 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of June, 2001, IT IS ORDERED that a hearing on the within appeal from a suspension of operating license privileges shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 9:00 a.m., Thursday, August 9, 2001. This order shall act as a supercedeas for the suspension of petitioner's operating privilege. George Kabusk, Esquire For the Department of Transportation .~ .~ (. \:{:i~' By the G. Patrick O'Connor, Esquire For Petitioner :saa , ", ,,', ' . -. '''''P-'' . ~"!," ,__,,',"_1 ~:,_ ,",1" ,,' " _., ,," ,. .r",,"_ _-~_" -- .~~~~~~,iI$1fb~i'"'itll"MiiimM~"",",,"'-'i!!iI!i~:;j~~'!~N1ffif~);'fr<"'~fliJ,pM,';'i;<,^11~Ij',"~;t';liolRi~.~m!iilj~.'- '!':- Li~{}:'\: \1':'~j)l,\RY c\ J1H1 72 ", 10; Lt.. ,,,,. '." r,'\''"I1V Ci lIr.A"~\-'.II-:l i.J.:'.;U vVUNt 1 C.!\ ,~-''- 'u," \. F'Ei'~NSYl.W\N\A 01 JlAllt. n /0:42. AM. , > .' , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AARON M. YOST, NO. 01- .35/5' &;:.;.t l~ Petitioner 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 1f1v day of June, 2001, comes the Petitioner, Aaron M. Yost, by his attorney, G. Patrick O'Connor, Esquire, and presents the following appeal: 1. The Petitioner, Aaron M. Yost, is an adult individual residing at 17 Meadowbrook Court, New Cnmberland, Cnmberland County, PA 17070. 2. The Petitioner's Driver's License nnmber is 25068922. 3. The Petitioner has been notified by the Department of Transportation that, effective June 18,2001, 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 of the Vehicle Code, RACING ON HIGHWAYS, on Apri130, 2001. A copy of said notice is attached as Exhibit "A" and incorporated herein by reference. 4. The Petitioner was found guilty of the charge of RACING ON )-"i' ~ p ", ._,--, "-'-'J"p- '" - ,.., j; HIGHWAYS on or about April 30, 2001, by District Justice Charles Clement in Magisterial District No. 09-1-01, Lower Allen Township, Pennsylvania. 5. Subsequently, the Petitioner filed an appeal for a trial de novo on the underlying charge in the Court of Common Pleas of Cnmberland County on or about May 14, 2001, which is within the 30-day time limit allowed for an appeal to be filed. 6. A hearing de novo on the underlying charge has been scheduled for July 24,2001, in Courtroom #2, in the Cnmberland County Courthouse. 7. 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. 8. 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 to the extent provided by statute. Respectfully submitted, ~~ /G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ~""j'f "'.," -r- <J-'''' "r ' "~ ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is true and accurate to the best of my knowledge, information and belief. t7~ G. Patrick O'Connor, Esq. DATE: tll,ftl , ,i'. ~" ". ~ - , ,~ " ~': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AARON M. YOST, NO. Petitioner 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 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 110 1 S. Front Street Harrisburg, PA 17104 DATE: 4'1/pI . j;1~~ /G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner -',4,'l1'_ c, " . 1" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 14, 2001 AARON M YOST 17 MEADOWBROOK COURT NEW CUMBERLAND PA 17070 WID. 011276110501457 001 PROCESSING DATE 05/07/2001 DRIVER LICENSE. 25068922 DATE OF BIRTH 12/09/1979 Dear MR. YOST: This is an Of'ficial Notice o'f the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 04/30/2001 conviction of violating Section 3367 of the Vehicle Code RACING ON HIGH- WAYS an 03/25/2001: . Your driving privilege is SUSPENDED 'for a period o'f 6 MONTH(S) e'f'fective 06/18/2001 at 12:01 a.m. Before PennDOT can restore your driving privilege, yOU must fallow the instructions in this letter far COMPLYING ~ITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should 'follow ALL instructions very care'fully. Even i'f YOU have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satis'fied. 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 06/18/2001. Yau may surrender these items before, 06/18/2001, far earl~er credi t; however, yOU may not dri ve after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, yOU may apply far and obtain a photo identification card at any Driver License Center far a cast of 9.00. You must present two (2) farms of proper iden- tification(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 licensees). Complete the fallowing steps to acknowledge this suspension. EXHIBIT" A" -^~f!I,_," 'I ,,~J, ". <'. ' , 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 Department of Transportation 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. ';~'" -~" .~ -, ~ ~,,, ",,,~.,,", 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 file an appeal in the county Court. the Court will give you a time-stamped certified 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, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current PennsYlvania driver license products to PennDOT by 06/18/2001. 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 I 00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ,~T"'il!lj, , "~" t", ","""t_',e"'__'_o/f""';'~"~'~' 0"'" ~-, " AARON M. YOST, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT 01-3515 CIVIL TERM ORDER OF COURT AND NOW, this I~ day of August, 2001, the hearing currently scheduled for August 9, 2001, is cancelled and rescheduled to Monday, October 15, 2001, at 2:00 p.m., in Courtroom Number 2. Edgar B. y, J. ~ George Kabusk, Esquire For the Department of Transportation G. Patrick O'Connor, Esquire For Petitioner :saa '."':i"t .----.-J~"..,<;" ..',~.J>;'>","~,:,"',__'C'c" '~,"_,j''''' '---'[1'. .'""!",""'f<: <- L~ _ "__" ,_.-_0 .!lIiIii'~~oi",ii\!il!,i~\i;[;;:l:<I'lStilliliiItM~;l""$!f~~~-"'~'eW~':$!i.",iiJj<;illiti~ii!-lill1fH!ilil!~i-> -, w 03 '71 = "",',-, ,~ "F_ _-.", J__", "'. ", _II. " ~ ,0, , ,~ --Illul ..Ilifii'''' g ;$ ...... " --< if ~ "'" 'r " 'i , I I I .' -, . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AARON M. YOST, NO. 01-3515 CIVIL TERM Petitioner 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 in the above-captioned action as Withdrawn. Thank you for your consideration. Dated: 101ft) /J/ , , ~~A~ vG. Patrick O'Connor, Esquire Attorney for Petitioner I.D. # 64720 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Phone: 717-737-7760 , "1~," =. ", , If, > , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AARON M. YOST, NO. 01-3515 CIVIL TERM Petitioner 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: It:?j/O/O I , Respectfully submitted: $~ f'ltkAr/' /G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road CampHill,PA 17011 (717) 737-7760 ill No. 64720 Attorney for the Petitioner :'"[0, '"" "".-'I~ " -~--l" ~,~'O ~ till 0 0 0 c: -n s:: Cl -oCD n .:::~;}; Cs rnfTl -l ZJJ ~}~ ~t-- ?Q~ N c6 .=i~d ~C; -0 ~-~~ ~O :;:!l: ;:P:g r:? '--' ~ :;;: (]'i ;:;.:J -< -'-1- ,- .".~ ^"-~ ,. _ <. or__' _0 rr~1.!l!!Q!ill'h~- rmwlf.lf.l!llllJlP~r,*,!I!.~g ..,,__ -' ."l0l" .i~~,~->?...,"j'f,y,{"!10i~"\'I-j".'""'1>;,"T.;""ijm~\l<j't1'~~"f~'1'~~1~1&;~JiliIJ~}.;:.i11!-~;Il~'H1"~F'i\'!~"'f_~.v~'~~