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JEFFREY P. FRANKLIN,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
Appellee
No. 99-CoD)(p CIVIL TERM
ORDER OF COURT
AND NOW, this c? day of :''' ri• % ,? 1999, upon presentation and
consideration of the within Petition for Appeal from License Revocation, a De Novo hearing is
set for the day of /,. 1999, at o'clock -, m. in
Courtroom Number Y of the Cumberland County Courthouse, Carlisle, Cumberland
County, Pennsylvania.
Further, the Motor Vehicle License Suspension in this case is stayed pending this appeal
hearing.
BY THE COURT,
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JEFFREY P. FRANKLIN,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION,
Appellee
No. 99-bOd (p CIVIL TERM
PETITION FOR APPEAL FROM
LICENSE REVOCATION
AND NOW, comes Appellant, Jeffrey P. Franklin, by and through his attorney, Robert J.
Mulderig, Esquire, and files the following Petition:
1. Appellant is Jeffrey P. Franklin, an adult individual who is currently residing at
133 South East Street, Carlisle, Cumberland County, Pennsylvania.
2. On August 4, 1999, Appellant was convicted of driving without lights.
3. On September 1, 1999, Appellant appealed this conviction to the Court of
Common Pleas in Cumberland County, appeal docket number 99-2035CR.
4. On September 1, 1999, Pennsylvania Department of Transportation sent
Appellant a letter of revocation based on the August 4, 1999 conviction. A copy of the letter is
attached and incorporated hereto as Exhibit A.
5. The above stated revocation is improper since the conviction was not final and
Appellant had filed a timely appeal.
WHEREFORE, for all the above reasons the Appellant, Jeffrey P. Franklin, requests
your Honorable Court to set a time for a hearing on the propriety of Appellant's
license revocation and, further, stay the imposition of this license revocation pending
the results of said hearing and after said hearing reverse the revocation heretofore previously
issued.
ss
Date
Respectfully Submitted
TURO LAW OFFICES
Robert J. Iderig, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Appellant
VERIFICATION
I, Robert J. Mulderig, Esquire, attorney for the Plaintiff herein, have sufficient
knowledge of the facts contained in this Petition for Appeal from License Revocation
and verify that the statements made in the foregoing Petition for Appeal from License
Revocation are true and correct to the best of my knowledge, based upon information
received from the Plaintiff. I understand that false statements herein made are subject
to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A
verification executed by the Plaintiff will be filed of record as soon as it becomes
available.
f& /?S5 <
Date Robert J. Mul rig, Esquire
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
SEPTEMBER 01, 1999
JEFFREY PAUL FRANKLIN
133 SOUTH EAST ST
APT B
CARLISLE PA 17013
992379283630097 001
08/25/1999
18858448
09/14/1959
LICENSE IN BUREAU
Dear Motorist:
As a result of your conviction on 08/04/1999 of
violating Section 3734 of the Vehicle Code, DRIVING WITHOUT
LIGHTS on 02/13/1999, you have been placed in habitual
offender status because this is your third major violation
within a five year period. Your driving privilege is being
revoked for a period of 5 YEAR(S) as nandated by Section
1542D of the Vehicle Code.
The effective date of suspension is 02/13/2001, 12:01 a.m.
The above mentioned sanction is in addition to any
previously issued sanction(s).
You will be notified of any outstanding restoration
requirements approximately 30 days before the eligibility
date of the restoration of your driving privilege. You must
follow those instructions very carefully in order to have
your driving privilege restored.
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, SEPTEMBER 01, 1999. I?? 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 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
992379283630097
SEND FEE/LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
Sincerely,
G" ? I IIYLI?
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORMATION (7:00
IN STATE
OUT-OF-STATE
TOO IN STATE
TDD OUT-OF-STATE
AM TO 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
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JEFFREY P. FRANKLIN,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6026 CIVIL TERM
AFFIDAVIT OF SERVICE
I I HEREBY CERTIFY THAT I served a true and correct copy of the Petition for
Appeal from License Revocation filed in the above captioned case upon the
Pennsylvania Department of Transportation, by certified mail, return receipt requested
on October 4, 1999 addressed to:
PA Department of Transportation
Office of Chief Counsel
3`d Floor, Riverfront Office
Harrisburg, PA 17104-2516
and did thereafter receive same as evidenced by the attached Post Office receipt card
dated October 5, 1999.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
TURO LAW OFFICES
1-011-f 9
Date Robert J. ulderig, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
Franklin Appeal
Z 452 476 368
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do rsnl use for Intamannnul Mail /can m..amal
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%tterinDCT, Office of Chief
lnr, l 'eoor, Riverfront Cent
Post Office, Stale, 8 ZIP Code
11=1sburg.21 1
7104-2c;16
Postage $ .55
Certifad Fee 1.40
Special Deevnry Fee
Rastdded Delivery Fee
Return Receipt Showing to
Wigm A Date Delivered
1.25
Ream eerop Sho N ePRom,
Dale, a/trxassees/ddress
TOTAL Postage 6 Fees $ 3.20
PosbnNx or Data
October 4,
1999
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SENDER: I also wish to receive the follow.
o complete name t anaor 2 for addmonal sai cse. Ing services (for an extra fee):
Complete dams 3.4a. and 41b.
0 Pent your name and address on the rerene of ass tam w eat we can return the
war to you. 1. ? Addressee's Address
O Aluon the form to me from of the maiplece. or an the back if apace doea net
perm". 2. ? Restricted Delivery
o wMe 'Ref im Rece+pt Regn ated'on ma rwbieea below the amide number.
D Tie Ronan Receipt mil show to whom dK en,de was eeliven a and the date
daWered.
3. Article Addressed to: 4a. Article Number
Z 452. 476 368
PA Department of Transportatio 4b. Semce Type
Office of Chief Counsel ? R Istered NCertined
3rd Floor, Riverfr 6 ress Mail ?Inswed
?eaartgp?{SanSQD Blum Recelpl for Merchandise ?COD
Harrisburg, PA 17104-2516 Date of Delivery
T 0519 'IT 05
6. Received By: (Pont Name) 8. Addressee's Accuses (only 9 request and
FFICE 0 Ellee is paid)
6. Signature (Address" or Agent) CHIEF
PS Form 3811, December 1994 102595.99 "M3 Domestic Return Recelpt
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JEFFREY P. FRANKLIN,
Appellant
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Appellee
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6026 CIVIL TERM
PRAECIPE
Please withdraw and discontinue the above-captioned matter on behalf of the
Plaintiff.
Respectfully Submitted
TURO LAW OFFICES
Date
"1 17,17
Robert J.; Mulderig, Es ir?
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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