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Home My WebLink About03-2916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA: CIVIL ACTION - LAW : MICHAEL D. VAN JURA, Defendant :No. ~ 2~ ,~'/~ : : LICENSE SUSPENSION APPEAL APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW, comes the Appellant, Michael D. Vanjura, by and through his Attorney, Jane Adams, and respectfully appeals the suspension of driving privileges. 1. The Appellant, Michael D. Vanjura, (hereinafter referred to as "Appellant") currently resides at 204 State Street, Enola, Cumberland County, Pa. 17025. 2. The Appellant's Pa. Driver's License No. is 27312784. 3. The Appellant received a Notice of Suspension from the Pennsylvania Department of Transportation which was dated May 22, 2003. (Please see Exhibit #1). 4. The aforesaid suspension of operator's privilege is for a period of three months, to be effective June 26, 2003 at 12:01 am. 5. The suspension is a result of Appellant's conviction of violating Section 1786(d) of the Vehicle Code. (Relating to operating vehicle without required financial responsibility). 6. Appellant appealed his summary criminal conviction by filing an appeal with the Clerk of Court and a hearing has not yet been scheduled on this matter. 7. Appellant disputes the conviction and the underlying facts which resulted in his suspension. 8. The loss of Appellant's license would create a severe hardship for Appellant. WHEREFORE, Appellant, Michael D. Vanjura, respectfully requests this Honorable Court grant a hearing on this matter and enter a Supersedeas until such time that a hearing can be held. Respectfully Submitted, (717) 245-8508 ATTORNEY FOR APPELLANT CONNONNEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 HAY 22, 2003 MICHAEL D VANJURA 5075-101 PAJABON DR HARRISBURG PA 17111 031359283332496 001 05/15/2003 27312784 02/15/1976 Dear Motorist: Your driving privilege is scheduled to be suspended on 06/26/2005, because you failed to produce proof of financial responsibility on 01/19/2003, the date of your traffic offense. 1. Your driving PriVilege will be sUSpended for three months effective 06/26/2005 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. Please see the enclosed application for restoration fee information. 2. You will be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in Your Possession. 5. You will be required to Provide the Department with Proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be Permitted to operate a motor vehicle until You have been advised in writing by this Bureau that your privilege has been reinstated. If You do not comply with this notice, this Bureau will refer this matter to the Pennsylvania State Police for prosecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 06/26/2005 12501 031359283332~96 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 l~cense (camera card) in Your Possession no later than the effective date l~sted. 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 dr~ving privilege. 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 Vehicle Code. Although the law mandates that Your driving privilege Js under suspension even if You do not surrender Your license, Credit will not begin until all current dr~ver~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 ACKNOWLEDGEMENT, 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. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civ/1 Division) within 30 days of the mail date, MAY 22, 2003, of this letter. Zf You flle an aPPeal tn the County Court, the Court wlll glve you a time-stamped certified copy o~ the appeal. In order for your appeal to be val/d, You must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Th/rd Floor, Riverfront Office Center Harrisburg, PA 1710~-2516 031359283332496 SEND FEE/LICENSE/DL-I&LC/T0: DePartment of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, Rebecca L, Bickley~ Director Bureau of Driver Licensing INFORHATION ¢7=00 AN TO 9=00 PH) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-$91-6191 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~ , '~ Michael D. Vanjura, Petitioner CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Appellant, hereby certify that a copy of Appellant's APPEAL FROM LICENSE SUSPENSION has been duly served upon the DEPARTMENT, by placing such in the custody of Federal Express and the United States Postal Service, via certified mail, postage pre-paid addressed to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pa. 17104 (717) 245-8508 ATTORNEY FOR APPELLANT. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of pENNSYLVANIA: CIVIL ACTION - LAW MICHAEL D. VAN JURA, Defendant : No. 03 - 2916 Civil Term : LICENSE SUSPENSION APPEAL AFFIDAVIT OF SERVICE AND NOW, this June 26, 2003, I, Jane Adams, Esquire, hereby certify that on June 23, 2003, a certified true copy of Defendant's Appeal of Operator's License Suspension was served, via certified mail, return receipt requested, addressed to: Pa. Dept of Transportation Office of Chief Counsel 3rd Floor, Riverfront Center Harrisburg, Pa. 17104 espectfully Submitted: //~dams, E~quire 1.1~. No. 79465 ~ South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER LLI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA: CIVIL ACTION - LAW : MICHAEL D. VAN JURA, Defendant : LICENSE SUSPENSION APPEAL ORDER AND NOW, this ..~ ~ day of ~ ,20O3, upon consideration of Appeal from Suspension of Operating Privileges, it is hereby ORDERED and DECREED that, a hearing be held on the ,~'" '~day of ~e,~, 2003, at~,~o'clock, ~ .m. in Courtroom ,~ &the Cumberland County Courthouse. A Supersedeas is granted until such time as the Court resolves this ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA COMMONWEALTH of pENNSYLVANIA: CIVIL ACTION - LAW MICHAEL D. VAN JURA, Defendant :No. 03- S-2916 : LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the Appeal from Suspension of Operating Privileges filed on behalf of Michael D. Vanjura under the above-captioned number. Date: //~Jane~dams, Esquire Carlisle, Pa. 17013 (71'7) 245-8508 ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE I, Jane Adams, Attomey for Appellant, hereby certify that a copy of Plaintiff's APPEAL FROM LICENSE SUSPENSION has been duly served upon the DEPARTMENT, via fax and by placing such in the custody of the United States Postal Service, via first class mail, postage pre- paid addressed to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Cotmsel Third Floor, Riverfront Office Center Harrisburg, Pa. 17104 ATTORNEY FOR APPELLANT.