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Home My WebLink About99-03611k Z 0 c a DI: 326 (9/95) CERTIFICATION DATE: July 1, 1999 I I hereby certify that Rebecca L. Bickley, Director of the Bureau of Driver Licensing of the Pennsylvania Department of Transportation, is the legal custodian of the Driver License records of the Pennsylvania Department of Transportation. As the Director of the aforesaid Bureau, she has legal custody of the original or microfilm records which are reproduced in the attached certification. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. L. MALLORY, SECRETARY O7-TRANSPORTATION I HEREBY CERTIFY THAT THE FOREGOING AND ANNEXED IS A FULL, TRUE AND CORRECT CERTIFIED PHOTOSTATIC COPY OF: 1) Official Notice of suspension dated & mailed 05/23/99, effective 12/22/99; 2) Report of the Clerk of Court of CUMBERLAND County, convicted 04/20/99, seal attached to original; Official Notice of suspension dated & mailed 05/18/99, effective 06/22/99; 4) Report of the Clerk of Court of Cumberland County, convicted 04/20/99, seal attached to original, and 5) Driving Record, which appears in the file of the defendant MARTIN A. WILKINSON, operator's no. 22432175, date of birth 10/18/70, in the Bureau of Driver Licensing, Harrisburg, Pennsylvania. ol EL CERTIFIED TO as prescribed by Sections 6103 and 6109 of the Judicial Code, Act of July 9, 1976, P.L. 586, as amended, 42 Pa.C.S. §§6103 and 6109. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR AFORESAID. . SEAL REBECCA L. BICKLEY, DIREC BUREAU OF DRIVER LICENSING COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 23, 1999 MARTIN A WILKINSON 991366538054540 001 100 OLD TOWN ROAD 05/16/1999 22432175 GARDNERS PA 17324 10/16/1970 Dear Motorist: As a result of your conviction on 04/20/1999 of violat- ing Section 13A30 of the Vehicle Code, DELIVERY OF CTRL SUB an 05/01/1998, your driving privilege is being SUSPENDED for a period of 6 MONTH(S) as mandated by Section 1532C 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 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 12/22/1999, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). ?l 991366538054540 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, MAY 23, 1999. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. Send this time-stamped cer- tified 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 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PH) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.D. Box 68693 TOO IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TOO OUT-OF-STATE 717-391-6191 99136 6538 054540 REPORT OF A COURT SHOWING THE Court Information DL-21D (7-93) CONVICTION OF CERTAIN Tan VIOLATIONS OF THE CONTROLLED Mag. Dist. No: SUBSTANCE DRUG, DEVICE AND Court of Common Pleas COSMETIC ACT County of CUMBERLAND I 35 P.S. 780-113 (a) (1) X (a) (30) Controlled Substance, Drug, (a) (12) (a) (31) Device and Cosmetic Act (a) 116 (a) (36) NOTE: This form is onl to be used for reporting the above listed violations of the Controlled Substance Drug, Device and Cosmetic Act whether or r not a motor vehicle was USE6. If a moter vehicle was essentially involved you must ALSO submit form DL-21B. The undersigned certifies that the foregoing is a certified record. SEAL 4/20/99 I,G Jerk of ourts Date Certified SEND TO: Bureau of Driver Licensing P.O. BOX 60037 Harrisburg, Pennsylvania 17106-0037 Name Sex Operator No. Stag WILKINSON MARTIN M Social Sec. No. 208-48-9456 Address License Plate No. State 100 OLD TOWN ROAD Check i£ Commercial Vehicle Driven COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 18, 1999 MARTIN A WILKINSON 491316117683924 001 100 OLD TOWN ROAD 05/11/1999 22432175 GARDNERS PA 17324 10/18/1970 Dear Motorist: As a result of your conviction on 04/20/1999 of violat- ing Section 13A30 of the Vehicle Code, DELIVERY OF CTRL SUB on 05/01/1998, your driving privilege is being SUSPENDED for a Period of 6 MONTH(S) as mandated by Section IS32C 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 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 Ii:MEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 06/22/1999, 12:01 a.m. #3 991316117683924 Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, MAY 18, 1999. If you 'Pile an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. Send this time-stamped cer- tified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-ZS16 Sincerely, G4" %?. &J? Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PH) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TOD OUT-OF-STATE 717-391-6191 REPORT OF A COURT SHOWING THE Court Information DL-21D (7-93) CONVICTION OF CERTAIN Tan, VIOLATIONS OF THE CONTROLLED Mag. Dist. No: SUBSTANCE DRUG, DEVICE AND Court of Common Pleas COSMETIC ACT County of CUMBERLAND Name WILKINSON MARTIN n Please T e Sex Operator No. State M Social Sec. No. 208-48-9456 License Plate No. State Check if Commercial Vehicle Driven In Address 100 OLD TOWN ROAD Month Day Year Month Day Year 5 1 1998 4 20 199 VIOLATION COMMITTED: (Please use a se arate form for each carge): h Misdemeanor Felony X > 35 P.S. 780-113 (a) (1) Controlled Substance, Drug, (a) (12) - Device and Cosmetic Act (a) (16) to License Month jDay Year Month jDay Year X (a) (30) (a) (31) (a) (36) NOTE: This form is only to be used for reporting the above listed violations of the Controlled Substance Drug, Device and Cosmetic Act whether or / not a motor vehicle was USE6. If a moter vehicle was essentially involved you must ALSO submit form DL-218. The undersigned certifies that the foregoing is a certified record. SEAL SEND TO: Bureau of Driver Licensing P.0. BOX 60037 Harrisburg, Pennsylvania 17106-0037 4/20/99---- 3 Cerk f Courts Date Certified VIOLATION INFORMATION PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFICATION STATEMENT SUN 23 1999 DRIVER: MARTIN A WILKINSON 100 OLD TOWN ROAD GARDNERS, PA 17324 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: APR 17 1996 LICENSE EXPIRES : OCT 31 1999 MED RESTRICTIONS 1 LEARNER PERMITS LICENSE STATUS SUSPENDED PAGE 1 22432175 OCT 18 1970 MALE REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS : CDL LICENSE STATUS : SUSPENDED PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS PL LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS OCCUPATIONAL LIMITED LICENSE (OLL) -------------- OLL LICENSE CLASS OLL LICENSE ISSUED OLL LICENSE EXPIRES : OLL LICENSE STATUS *** CONTINUED *** 't? 5 CERTIFICATION STATEMENT - JUN 23 1999 - LICENSE NUMBER 22432175E CONTINUED ---------------------------------------- REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: VIOLATION: DESCRIPTION: CONVICTION DATE: ACTION: JAN 13 1989 VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 050 MPH IN A 035 MPH ZONE JAN 18 1989 ASSIGNED POINTS VIOLATION DATE: MAY 01 1998 VIOLATION: DRUG/DEVICE/COSMETIC ACT: 13A30 DESCRIPTION: DELIVERY OF CTRL SUB CONVICTION DATE: APR 20 1999 ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE JUN 22 1999 OFFICIAL NOTICE MAILED MAY 18 1999 VIOLATION DATE: MAY 01 1998 VIOLATION: DRUG/DEVICE/COSMETIC ACT: 13A30 DESCRIPTION: DELIVERY OF CTRL SUB CONVICTION DATE: APR 20 1999 ACTION: SUSPENSION FOR 6 MONTH(S) EFFECTIVE DEC 22 1999 OFFICIAL NOTICE MAILED MAY 23 1999 REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD *** CONTINUED *** CERTIFICATION STATEMENT - JUN 23 1999 - LICENSE NUMBER 22432175E CONTINUED -------------------------------------------- REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** CERTIFICATION STATEMENT - JUN 23 1999 - LICENSE NUMBER 22432175E CONTINUED IN COMPLIANCE WITH YOUR REQUEST, I HEREBY CERTIFY THAT I HAVE CAUSED A SEARCH TO BE MADE OF THE FILES OF THE DEPART- MENT OF TRANSPORTATION, AND HAVE SET FORTH ABOVE AN ACCURATE SUMMARY OF ALL RECORDS IN THE NAME OF THE PERSON INDICATED. SINCERELY, Ga"%?. t?, DIRECTOR, BUREAU OF DRIVER LICENSING SEAL FOR SECRETARY OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA SS: DATE:JUN 23 1999 I HEREBY CERTIFY THAT REBECCA L. BICKLEY, DIRECTOR OF THE BUREAU OF DRIVER LICENSING, OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IS THE LEGAL CUSTODIAN OF THE DRIVER LICENSING RECORDS OF THE DEPARTMENT OF TRANSPORTATION. AS THE DIRECTOR OF THE AFORESAID BUREAU, SHE HAS LEGAL CUSTODY OF THE ORIGINAL OR MICROFILM RECORDS WHICH ARE THE SUBJECT OF THE ABOVE CERTIFICATION. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT THE DAY AND YEAR AFORESAID. SINCERELY, SECRETARY OF TRANSPORTATION SEAL COMMONWEALTH OF PENNSYLVANIA VS. MARTIN A. WILKINSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. Defendant. : CIVIL ACTION--LAW PRELIMINARY ORDER AND NOW, this day of lk?l I9 g5, upon consideration of the within Petition and on motion of Gerald S. Robinson, Esquire, attorney for Petitioner, a hearing de novo is hereby granted to determine whether the action of the Department of Transportation in suspending the driver's license of the Petitioner should be set aside. 134) 3. The hearing is set for _AA_ 999, at hm., and the Prothonotary shall notify the Department forthwith. BY THE COURT: J. ?? ._. r L 4 Cl '. ?" . ..?J;.. ?,? f1' _ ,I .:?_ lr. i - .. ..`J ?'- rrn ') COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS PENNSYLVANIA : CUMBERLAND COUNTY, PENNSY LVr'%iv'A Plaintiff, VS. :NO. 99• 3441 Ccil.( T.? MARTIN A. WILKINSON, Defendant. : CIVIL ACTION--LAW PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVER'S LICENSE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of MARTIN A WILKINSON, by and through his attorney, Gerald S. Robinson, Esquire, and the law firm of Robinson & Geraldo, respectfully represents: That the Petitioner resides at 100 Old Town Road, Gardners, Pennsylvania, 17324. 2. That the Petitioner currently possesses a valid driver's license, Number: 22432175. 3. That on May 11, 1999 and on May 16, 1999, the Petitioner was notified by the Department of Transportation that his license had been suspended for the following reason, as set forth in the Notices: Mandatory suspension as stated in Section 1532(C) of the Vehicle Code for violation of Section 13A30 of the Vehicle Code. 4. That these suspensions are improper for the following reason: Petitioner was not convicted of violating Section 13A30 of the Vehicle Code as stated by the Department of Transportation. WHEREFORE, the Petitioner prays that these matters be set down for hearings de novo before your Honorable Court as provided by Section 1550 of the Motor Vehicle Code, and the Order of the Department of Transportation be set aside. Respectfully submitted, ROBINSON & GERALDO By: GERALD S. ROBINSON, ESQUIRE Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Defendant Dated: G Cl CERTIFICATE OF SERVICE This is to certify that on the _ day of June, 1999, I, GERALD S. ROBINSON, Esquire, caused a true and correct copy of the foregoing Petition for Appeal to be served upon the individual named herein by means of depositing the same in the United States mail, first class, postage prepaid, as follows: Harold H. Cramer, Esquire Assistant Chief Counsel PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 ROBINSON & GERALDO GERALD S. ROBINSON, ESQUIRE 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Defendant Y C IJJc 1 C)-: U u ?? L (717) 232-8525 \_ 1 t n P.O. BOX 5320, HARRISBURG, PENNSYLVANIA 17110-5320 CERTIFIED TRUE AND CORREIC? COPY JUN 1 S 1999 MARTIN A. WILKINSON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, 99 3611 CIVIL DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, APPEAL OF LICENSE SUSPENSION Appellee ORDER OF COURT AND NOW, August 30, 1999, 3:15 p.m., after hearing and consideration of the testimony presented, and the Court having allowed PennDOT to amend the second line of the notice to the appellant (one notice dated may 18, 1999, suspending the appellant's license for six months, commencing June 22, 1999, and the second notice dated May 23, 1999, suspending the appellant's license for six months effective December 22, 1999) to amend the words "Vehicle Code" to the words "Controlled Substance, Drug, Device and Cosmetics Act", appellant's appeal is dismissed. See Hatzai V. Commonwealth De artment of Transportation, 686 A. 2d 48. (Pennsylvania Commonwealth 1996). Gerald S. Robinson, Esquire 4407 North Front Street Harrisburg, Pa. 17110 For the Appellant George Kabusk, Esquire 1101 S. Front St., 3rd Floor Harrisburg, Pa. 17101-2516 For the Appellee By the Court, 4 ge E ffer, P.J. FILED-OFACE OF KAPRY 99 SEP 20 AN 10: S3 CUA45tt-',LAQ COUNTY PENNSYLVANIA