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HomeMy WebLinkAbout99-07129i ,, ?: ?, :_i; , JOHN F. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-7129 DEPARTMENT OF TRANSPORTATION : OF THE COMMONWEALTH OF : CIVIL TERM PENNSYLVANIA, Respondent AND NOW, this '?7r11 day of December, 1999, the hearing in the above referenced matter scheduled for February 7, 2000 at 10:30 a.m. has been rescheduled until the '':0 '" day of ?YICctiCJ 20000 at A.M. This hearing is rescheduled at the request of the Petitioner. •3 J. cc: Hubert X. Gilroy, Esquire Office of the Chief Counsel Department of Transportation RKs is-as-99 } r: ??? .. < :- t is .. Ci.. _ C "i ,. :.:? :J JOHN F. HOFFMAN, III, Petitioner DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 7/2"? CIVIL COURT ORDER AND NOW this 5 /-day of November, 1999, it is ordered and directed as follows: cc: 1. A hearing is scheduled in Courtroom No. J of the Cumberland County Courthouse on the -77tday of 2000, at /a; 3o A.M. The purpose of this hearing shall be to hear the petition for appeal of license suspension filed by Petitioner John F. Hoffman, III in the above matter. 2. The suspension of the driver's license of John F. Hoffman, III as noted in the November 12, 1999 letter from the Commonwealth of Pennsylvania Department of Transportation, Bureau of Driver Licensing, is hereby stayed- pending disposition of the petition for appeal of license suspension and further order of this court. Hubert X. Gilroy, Esq. Office of Chief Counsel Pennsylvania Department of Transportation J. BY THE COURT, v-: l? 'fT LU W' ' 1 .1 Z yl' C_: aIUJ O Cn a? .7 U JOHN F. HOFFMAN, III, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 7/2 9 CIVIL DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA, Respondent PETITION FOR APPEAL OF LICENSE SUSPENSION The Petitioner, John F. Hoffman, III, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: The Petitioner, John F. Hoffman, III, is an adult individual residing at 144 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania. The Respondent is the Department of Transportation of the Commonwealth of Pennsylvania, Bureau of Driver Licensing, with main offices in Harrisburg, Pennsylvania. Correspondence is to be directed to the Office of Chief Counsel; Third Floor; Riverfront Office Center; Harrisburg, PA 17104-2516. Petitioner was notified by letter dated November 12, 1999 that his Pennsylvania driver's license was to be suspended effective December 17, 1999 based upon his conviction on October 25, 1999 of a violation of §3736 of the Pennsylvania Motor Vehicle Code. A copy of said notice of said suspension is attached hereto and marked Exhibit "A". 4 On November 23, 1999, Petitioner filed a timely appeal of the above noted conviction with the Court of Common Pleas of Cumberland County, Criminal Division, a copy of this appeal being attached hereto and marked Exhibit "B". r A hearing will be scheduled before the Court of Common Pleas of Cumberland County at a later date. In that the reason for the license suspension is the above noted conviction, the disposition of the appeal of this conviction will likely be dispositive of this petition. WHEREFORE, Petitioner prays this honorable court to schedule a hearing on this petition for appeal of license suspension and, at the same time, issue a stay of the action of the Pennsylvania Department of Transportation suspending the Petitioner's license. Respectfully submitted, Huhert (. (',ilrnv_ .sn_ l? 5l b ?( COMMONWEALTH OF PENNSYLVANIA V //0 \DEPARTMENT OF TRANSPORTATION L, :\\ Bureau of Driver Licensing ?1 Harrisburg, PA 17123 NOVEMBER 12, 1999 JOHN FRANCIS HOFFMAN III 993099283701537 001 144 VIRGINIA AVE 11/05/1999 CARLISLE PA 17013 (2) (9 10/12/1982 aq e, C Dear Motorist: As a result of your conviction on 10/25/1999 of violating Section 3736 of the Vehicle Code, RECKLESS DRIVING on 10/02/1999, Your driving privilege is being SUSPENDED for a Period of 6 MONTH(S) as mandated by Section 1532B 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 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 late 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 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. The effective date of suspension is 12/17/1999, 12:01 a.m. Please see the enclosed application for restoration fee information. EXHIBIT 993099283701537 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, NOVEMBER 12, 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 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 Sincerely, q4J" ??' lly:dl? Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 HY?" 0 -C I , UP INFORMATION 0:00 IN STATE OUT-OF-STATE TOO IN STATE TOD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 IN THE COURT OF COMMON PLEAS, COUNTY OF ....Cumberland,,, Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: John..F ...Hoffinanr....III ........................................................ .144„ Virginia...A.v„enue ........................................................... .Carlislea.. PA ..................................... ZIP..... 17013............... Date:I /23/99 ............... Issuing Authority Docket No..TR 0005288-99 Citation NoA.4363910.-5 ............................................... Magisterial District No...9-2-O1.....,...„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Appeal from sentence of...... 911111:,y ......................................................................................................................................... Date of Sentence:..10/25/99 ....................Olfense(s)of which convicted.Reckless driving,.Section 3736 of the .......,,,,, .... V2k. ;U.r,.P.. Code.t ...................................................................................................................................................................................................._........................ Name and malling address of affiant as shown on citation Officer Gary Carver 2051 Spring..Road ................................................................. Carlisle, PA 17013 Name and address of issuing authority: p;„a_tX,Gt„Justice„Paula., Correa!,,,,,,,,,,,,,,,,,,,,,,, Gmp ...GAUx.Ghaus.e.... &4uar.Aj.. Easc,_WinB ................. ........................................ ZIP...17913 ......... Phone NOTICE TO DEFENDANT: It sentence includes fine and costs, amount of which paid: $271.00 Type or amount of bail furnished to issuing authority, it any: Name and address of Attorney for Defendant: (print name)_Hubert X....Gi1roY ............................................................. ..phonel24 -.4574,,.,.,..... (street)..4„North„Hanoyer, St .............. (address). Carlisle.a..PA ................................ ZIP.17013..................... It your appeal is from a motor vehicle conviction other than parking, have the clerk of courts certify this copy and mail to the following address: Penn. Dept. of Transportation PO Box 60037 Harrisburg, PA 17106 hereby certify that an appeal has been filed in the above captioned matter. y EXHIBIT a LURK OF COLIMS AOPCnSee CLERK OF COURT f.?: LLn F- ?i O M 7C J y ? ? mss! I N .. ^• l'J ???...lll 1 -1-` C? J iT !J JOHN F. HOFFMAN, III, Petitioner v DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7129 CIVIL TERM Respondent COURT ORDER M AND NOW, this a day of March, 2000, the Petitioner having requested to withdraw the appeal based upon the fact that his license has been re-instated, the Petition is deemed withdrawn. The hearing scheduled for March 20, 2000 is cancelled. BY THE COURT, ,. lAr h.H Oeer!7!? cc: Hubert X. Gilroy, Esquire 0 George H. Kabusk, Esquire ?' 0 ?- o cri ?? CV OF ?,c: '1T - ?; X - ?'?' p C.U BROUJOS & GILROY, P. c. ATTORNEYS AT LAW JOHN H. BROUIOS 4 NORTH HANOVER STREET HURERT X. GILROY CARLISLE, PENNSYLVANIA 17013 March 14, 2000 The Honorable George E. Hoffer One Courthouse Square Carlisle, PA 17013 Re: John F. Hoffman v PennDOT Dear Judge Hoffer: TELEI910NE: (717) 243.4$74 FACSIMILE: (717) 243-8227 INrERNEr:b rg i1 roy pc©ao 1.com NON-TOLL FOR HARRISOURc AREA 717.766-1690 The Commonwealth has modified the suspension in the above matter. Accordingly, the hearing scheduled for March 20, 2000 is not required. Enclosed is an order canceling that hearing and withdrawing the appeal. Sincerely yours, Hub . Gilroy dch Enclosure cc: John F. Hoffman, III George H. Kabusk, Esquire