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Home My WebLink About99-05166 0 3 0 .e ,', ?. 'u? ., •: v h Q J ?. ?? a STEPHEN M. FLEMING Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * *NO. * * * LICENSE SUSPENSION APPEAL * * * ORDER AND NOW, this 31s day of August, 1999, after review of the herein License Suspension Appeal, a hearing is scheduled on the matter for 1999, at `1': 30 Gym. in Courtroom No. of the Cumberland County Courthouse. This Appeal shall act as a Supersedeas on the Suspension Order. BY THE COURT: a ro d STEPHEN M. FLEMING, * IN THE COURT OF COMMON PLEAS Petitioner * CUMBERLAND COUNTY, PENNSYLVANIA VS. *NO. 99.5-1G G Cc? P r ,.? * COMMONWEALTH OF PENNSYLVANIA, * LICENSE SUSPENSION APPEAL DEPARTMENTOF TRANSPORTATION, Respondent LICENSE SUSPENSION APPEAL AND NOW, this 2nd day of August, 1999, comes the Petitioner, Stephen M. Fleming, hereinafter "Petitioner", by and through his attorney, Bernard L. Coates, Jr., Esquire, who files this License Suspension Appeal and in support thereof, avers as follows: 1. Petitioner is an adult individual residing at 747 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Respondent, the Pennsylvania Department of Transportation, hereinafter "Respondent" has a mailing address of Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, Dauphin County, Pennsylvania, 17104-2516. 3. Petitioner received a Notice from Respondent with a mail date of August 12, 1999 indicating that as a result of his violation on July 15, 1999 of violating Section 6308 (offenses related to alcohol) his driving privileges were being suspended for a period of ninety (90) days as mandated by Section 1532(d) of the Vehicle Code. A copy of this Notice is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. 4. Petitioner avers that this suspension is unjust and illegal at this time as the Petitioner has filed a Summary Appeal with the Court of Common Pleas of Cumberland County with respect to the citation which is the underlying cause of this suspension. 5. The District Attorney of Cumberland County has not yet set a date for Petitioner's Summary Appeal. WHEREFORE, Petitioner respectfully requests that your Honorable Court schedule a hearing on this License Suspension Appeal at some time in the future and stay suspension of his operating privileges until Petitioner's Summary Appeal has been resolved. submitted, rnai bates, Jr., 1 ArAumeyID No. 44686 Attorney for Petitioner 3207 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7706 Telephone (717) 236-6602 Facsimile STEPHEN M. FLEMING, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent * IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * * NO. * * * LICENSE SUSPENSION APPEAL * * * VERIFICATION I hereby acknowledge that I have read the foregoing document and that the facts as stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn faisification to authorities. submitted: By. ( rn ? Dates, Jr., . omey ID No. 44686 Attorney for Petitioner 3207 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7706 Telephone (717) 236-6602 Facsimile STEPHEN M. FLEMING, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. * LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this 2 S day of August, 1999, serving a true and correct copy of the foregoing License Suspension Appeal by First Class U.S. mail, postage prepaid to the office listed below: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted: By: mar L. o es, jr., s orn o.44686 Attorney for Petitioner 3207 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7706 Telephone (717) 236-6602 Facsimile nl r ? 7 .: ul L LL C': JILI II- G1 l,Jl U R J IIn?\ V STEPHEN M. FLEMING, * IN THE COURT OF COMMON PLEAS Petitioner * CUMBERLAND COUNTY, PENNSYLVANIA * Vs. *NO. 99-5166 CIVIL * COMMONWEALTH OF PENNSYLVANIA, * LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION, Respondent PRAECiPE TO ATTACH EXHIBIT TO THE PROTHONOTARY: Please attach the herein Exhibit to Petitioner's License Suspension Appeal that was filed on August 25, 1999. 3207 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7706 Telephone (717) 236-6602 Facsimile Attorney for Petitioner n COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 12, 1999 STEPHEN MICHAEL FLEMING 992176117764005 001 747 LIMEKILN ROAD 08/05/1999 24732112 NEW CUMBERLAND PA 17070 12/11/1978 Dear MR. FLEMING: As a result of your violation on 07/15/1999 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(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 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 09/16/1999, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. 992176117764005 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (AUGUST 12, 1999) 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/T0: INFORMATION (7:00 AM TO 9:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.O. Box 68693 TOD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 STEPHEN M. FLEMING, Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 99-5166 CIVIL * LICENSE SUSPENSION APPEAL * CERTIFICATE OF SERVICE I hereby certify that I am this -3 0 day of August, 1999, serving a true and correct copy of the foregoing Praecipe to Attach Exhibit by First Class U.S. mail, postage prepaid to the office listed below: Mr. Stephen Stokwitz, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Forum Place 555 Walnut Street, 9th Floor Harrisburg, PA 17101-1900 3207 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7706 Telephone (717) 236-6602 Facsimile Attorney for Petitioner •r !1) l- ?:a N s. cn ID CJ V p? STEPHEN M. FLEMING, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NO. 99-5166 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 1999, upon consideration of the attached letter from Bernard L. Coates, Jr., Esq., attorney for Petitioner, the hearing previously scheduled for October 28, 1999, is rescheduled to Thursday, February 10, 2000, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Bernard L. Coates, Esq. 4409 North Front Street Harrisburg, PA 17110 Attorney for Petitioner George Kabusk, Esq. Assistant Counsel Department of Transportation 3`d Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent /ag/9`i . C r,toS?.? 10 :rc „C!, G G ..- .; a ;.ri ?J ?i ? r'rl\ 10`26•-1999 8:46AM FROM NICHOLAS-FOREMAN 7172366602 p 2 BERNARD L. COATES, JR. ATTDRNEV AT L.Aw 4408 NORTH FRONT STREET HARRISBURG. PA 171 I O PHONE (71 7) 2ZE-7700 F. (7 1 7) 230-0002 blcirlawpptd.net October 26, 1999 The Honorable J. Wesley Oler, Judge Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 RE: Stephen M. Fleming v. DOT (99.5166 Civil) Dear Judge Oler: The above License Suspension Appeal is scheduled for Thursday, October 28, 1999 at 9:30 a.m. in your courtroom. On October 19, 1999, Mr. Fleming and I appeared before you with respect to a Summary Appeal on the underlying citation that has resulted in the proposed suspension in the above matter. On October 19, 1999, an agreement was reached whereby the Summary Appeal would be continued for a period of ninety days so that my client could obtain counseling and resolve the Summary Appeal short of a conviction of Underage Drinking. As a result, I am requesting a continuance of the License Suspension Appeal for a period of ninety days so that my client can resolve the underlying citation in his favor and avoid the proposed suspension. I have contacted opposing counsel, Mr. Kabusk, and he has no objection to my request and this course of action. If you have any questions, please contact me. cc: Mr. George Kabusk, Esquire STEPHEN M.FLEMING, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5166 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2000, upon consideration of the attached letter from Bernard L. Coates, Jr., Esq., attorney for Petitioner, the hearing previously scheduled for February 10, 2000, is cancelled. Bernard L. Coates, Esq. 4409 North Front Street Harrisburg, PA 17110 Attorney for Petitioner George Kabusk, Esq. Assistant Counsel Department of Transportation 3`d Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent eopi" .naLLL,-l. a/!%a :rc BY THE COURT, (; ti ?. . v =;, :. . BERNARD L. COATES, JR. ATTORNCY AT LAw 4400 NORTH FRONT STREET HARRISBURG, PA 171 10 PHONE (71 7) 232-7706 FA (71 7) 236-0002 blcjrlaw(?Dptd.n(-t February 8, 2000 The Honorable J. Wesley Oler, Judge Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 RE: Stephen M. Fleming v. DOT (99-5166 Civil) Dear Judge Oler: The above License Suspension Appeal is scheduled for Thursday, February 10, 2000 at 9:30 a.m. in your courtroom. Mr. Fleming and I have resolved the underlying citation resulting in the proposed suspension in his favor and the Department has corrected my client's record accordingly. As a result, my client and I are hereby withdrawing the License Suspension Appeal, as there is no need for the hearing. As this matter has been resolved, I will not appear on February 10, 2000. If you have any questions, please contact me. rEB - 9 X000