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Home My WebLink About99-06589I:U'.' 0 3 1n', ,0 JAMES M. WELSH, JR., a minor, : IN THE COURT OF COMMON PLEAS OF by LISA BRANCH, guardian, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, V. DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA, Respondent NO. q q •bs? r Civil Term : Appeal From Suspension of License ORDER AND NOW, this SK clay of P ovr- bCf , 1999, upon consideration of the within Petition for Appeal From the Department of Transportation Decision to Suspend Minor Petitioner's Drivers License, it is ordered that suspension of minor to Kt t><CreIvIre? L s M : z, petitioner's driver's license is stayed pending a hearing onihis matter, said hearing JN 000 is scheduled for the 1364, day of 1?a? , at Q %30 o'clock, & p.m. in Courtroom No. / Carlisle, Pennsylvania. at the Cumberland County Courthouse, ij By the court, in J. .? a? ?.J JAMES M. WELSH, JR., a minor, : IN THE COURT OF COMMON PLEAS OF by LISA BRANCH, guardian, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, V. DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA, Respondent :NO. 9 Civil Term Appeal From Suspension of License PETITION FOR APPEAL FROM DEPARTMENT OF TRANSPORTATION DECISION TO SUSPEND MINOR PETITIONER'S DRIVER'S LICENSE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Canes now, petitioner James M. Welsh, Jr., it minor, by his parent and guardian, Lisa Branch, and his attorney, R. Mark Thomas, Esquire, and respectfully represents as follows: 1. Petitioner James M. Welsh, Jr., a minor, lives with his parent/guardian, Lisa Branch, at 36 Whentfield Dr., Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is the Department of Transportation of the Commonwealth of Pennsylvania. 3. On September 3, 1999, the minor petitioner was convicted of violating Section 3367 of the Vehicle Code, Racing on Highways. A. On September 21, 1999, petitioner, through his parent/guardian, Lisa Branch, appealed the September 3, 1999 conviction by filing it Notice of Appeal in the Clerk of Courts at the Cumberland County Courthouse. 6. On September 30, 1999, the Department of Transportation issued a letter to the minor petitioner advising him that his driver's license was being suspended for a period of six (6) months as a result of his conviction of Section 3367 of the Vehicle Code on September 3, 1999. A copy of the Notice from the Department of Trnnsportation is attached hereto and marked Exhibit A. 6. As of the date of the filing of this Petition for appeal of the license suspension no hearing has been scheduled on the summary appeal. 7. Since the minor petitioner is entitled to an nppenl and a hearing de novo with regard to tlue alleged violation which occurred on July 31, 1999, and since the minor petitioner has timely filed such an appeal, the action by the Department i of Transportation should be stayed until such time as it hearing is held and n i decision is made on the appeal. 8. The Department of Transportation has advised the minor petitioner (lint it will not stay its suspension pending the outcome of the hearing on the minor pet.itioner's appeal without n Court Order and therefore petitioner has filed this Petition for allowance of nppenl of the Department of Transportation's suspension of his driver's license. WHEREFORE, petitioner requests that this Honorable Court grant a hearing in order to determine the validity of the suspension of the minor petitioner's driver's license; to stay imposition of the Suspension Notice dated September 30, 1999; and to allow this minor petitioner to continue to drive until such time as his hearing has been held and a decision made with respect to the allegation of Racing on Highways. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Petitioner 101 South Market Street Mechanicsburg, PA 17066 (717)796.2100 ID# 41301 VERIFICATION I verify that the statements made in the foregoing document 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: In-aLc -01 A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 SEPTEMBER 30, 1999 JAMES M WELSH JR 992669283117934 001 36 WHEATFIELD DR 04/23/1499 26132147 CARLISLE PA 17013 08/14/1982 Dear Motorist: As a result of your conviction on 09/03/1999 of violat- ing Section 3367 of the Vehicle Code, RACING ON HIGHWAYS on 07/31/1999, your driving privilege is being SUSPENDED for a Period of 6 MONTH(S) as mandated by Section 15328 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 11/04/1999, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. EXHIBIT "A" 992669283117934 You will be notified of any outstanding restoration re- quirements 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 30, 1999. if you file an appeal in the County courts the court will give you a time- stamped certified copy of the appeal. Send this time- stamped certified copy of the aopeal by certified mail tot PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOORP RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOt Department of Transportation Bureau of Driver Licensing P.D. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (71OO IN STATE OUT-OF-STATE TOD IN STATE TDD OUT-OF-STATE AM TO 9t00 PM) 1-800-932-4600 717-391-6190 1-800-228-U676 717-391-6191 Nil: G CJ (? JAMES M. WELSH, JR., a minor, by LISA BRANCH, guardian, Petitioner V. DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6589 CIVIL TERM ORDER OF COURT AND NOW, this 1' day of January, 2000, upon agreement of counsel, the hearing previously scheduled in the above matter for January 13, 2000, is CONTINUED GENERALLY. Counsel are requested to notify the undersigned judge if they desire u hearing in this matter or when the matter is settled. R. Mark Thomas, Esq. 101 South Market Street Mechanicsburg, PA 17055 Attorney for Petitioner BY THE COURT, FhVesley O V'r2.ac.C.ed M/; George Kabusk, Esq. Assistant Counsel Department of Transportation Motor Vehicle & Traffic Safety Sections P Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent FILED- F1CE OF PPO?117,140TAAY 00 JAN 12 PH I: 47 CUMBMiA\D COUNTY PENNSYLVANIA JAMES M.IVELSII,JR., at minor, by LISA BRANCH, guardian, Petitioner, V. DEPARTMENT OF TRANSPOIi'1'ATION, COMMONWEALTH OF PENNSYLVANIA, Respondent : IN'I'1IE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99.6589 Civil Term Appeal From Suspension of License 1111AECIPIi TO WITHDRAW APPEAL To the Prot honolary: Kindly withdraw the above captioned appeal which was filed on October 29, 1999. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Defendant 101 South Market Street Mechanicsburg, PA 17055 (717)7962100 1 D# 41301 . _ is _..,. . f i cs? r 1 ? C:. ... - r 1 l _ <v 1[ ly "