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Home My WebLink About07-3117IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Respondent vs MATTHEW A. JONES, Appellant f DT" "`T ' T DIVISION Docket: NT-0000732-03 PETITION FOR LEAVE TO APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES Filed on behalf of: MATTHEW A. JONES MATTHEW A. JONES 66 Schoolhouse Road Gardners, PA 17234 Phone: X7/7) '/,g& - 755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DIVISION Respondent vs MATTHEW A. JONES, Appellant Docket: NT-0000732-03 PETITION FOR LEAVE TO APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Petitioner, Matthew Alan Jones, and respectfully represents as follows: 1. That your Petitioner is Matthew Alan Jones, an adult individual residing at 66 Schoolhouse Road, Gardners, PA 17234 2. The Commonwealth of Pennsylvania, Department of Transportation, hereinafter referred to as "PennDOT" gave notice by letter dated April 23, 2007 of it's intention to suspend the Petitioner's operating privileges on May 28, 2007 for a period of one (1) year. (A true and correct copy of said letter is attached hereto and marked as Exhibit "A"). 3. Said suspension is the result of a District Court conviction for a violation of Section 6308 (1) on April 23, 2003. 4. On May 23, 2007, the Petitioner filed with the Butler County Court of Common Pleas an Appeal of this conviction. 5. The filing of the Appeal of this conviction with the Butler County Court of Common Pleas removes from PennDot their authority to suspend the Petitioner's license. 6. Accordingly, the Petitioner asserts that PennDOT does not have the right to suspend his operating privileges. 7. The Petitioner has the right to contest PennDOT's decision by requesting a review by this Court. 8. The Petitioner requests that this Court grant a Supersedeas of PennDot's decision. 9. The Petitioner requests that this Court grant a Supersedeas of PennDot's decision as required by Title 75, Section 1550(b)(1)(i), which states: ..... [the] filing and service of Petition For Appeal From The Suspension or Revocation shall operate as a supersedeas until final determination of the matter by the Court vested with the jurisdiction of such Appeals. WHEREFORE, Petitioner respectfully requests that an appeal of the suspension above described be allowed and that the same shall act as a supersedeas. Respectfully submitted, Date: v MATTHEW AN JONES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IL 23 Licensing Bureau of Driver 2007 Mail Date: APR WID # 071066137464397 001 MATTHEW A JONES PROCESSING DATE 04/16/2007 66 SCHOOLHOUSE RD DRIVER LICENSE • 26787009 DATE OF BIRTH 12/27/1983 GARDNERS PA 17324 Dear MR. JONES: As a result of your v Section 6308 (offenses iol related o to 4alcohol) , your violating privilege is being SUSPENDED for a period of 1 YEARS code. mandated by section 1532D of the vehicle 12:01 a.m. The effective date of suspension is 0 Before PennDOT can restorinythisdletteg froirviCOMPLYlege, WITH follow the instructions THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. shou follow ALL timeonon vthe have served all ithe nstructi driving carefully. Even if you suspension/revocatio?he requircannot restore your ements are satisfied. privilege until all OMP - •'G 'ITH THIS SUSPENSION You must return as, ctemporarynndriver's dlicensesll(camera learner's permit cards) in your possession on or before 05/28/20070 earlier surrender these items bct edrive/afte00these items are credit; however, You may n surrendered. i Fa C TIOto YOU MAY NOT RETAIN YOUR DRIVER'S lY CEoNSEandR ID aN _ PURPOSES. However? you May on twoCe(2) Cforms ofr proper You rd musta Present Driver of f $10.00. birth certificate, valid U.S. identification (e.g., passport, marriage c rtificatep etc.) in order to obtain your photo identification You will not receive credit iieense(sard Cservin ompleteatheafollowing until we receive your steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses# learner's permits and/or camera Pcams to sendnDaT.swoif you do not have any of th?----- ,rxhl61c ? ?? 071066137464397 notarized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania -- - driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PAYING THE REST RATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. • r? 071066137464397 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, APRIL 23, 2007, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 05/28/2007. Sincerely, I:x ?- zge-') Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6.00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Respondent vs MATTHEW A. JONES, Appellant d/ ///,< DIVISION Docket: NT-0000732-03 VERIFICATION I, MATTHEW ALAN JONES, an adult individual residing at 66 Schoolhouse Road, Gardners, PA 17234, hereby verify that averments contained in the foregoing PETITION FOR LEAVE TO APPEAL FOR SUSPENSION OF DRIVING PRIVILEGES are true and correct to the best of my information and belief. I understand that the averments of fact in this pleading are made subject to the penalties of Title 18 PA C.S. §4904, relating to unsworn falsifications to authorities. Date: 2 U ATTHEW AN JONES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Respondent vs MATTHEW A. JONES, Appellant DIVISION Docket: NT-0000732-03 CERTIFICATE OF SERVICE I hereby certify that I have this 22" day of May 2007 served a true and correct copy of the foregoing PETITION FOR LEAVE TO APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES upon the person(s) and in the manner indicated below: CERTIFIED MAIL Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104-2516 ATTHEW AN JONES ('1 _' ?_ i C? r °3 `11 _ ---7 .T ' -? -r- 1-?- ? ^,'7 ?i t ",? L (? t _ .z- ? ? -c ? ? D rn MAY a szooi rW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Respondent vs MATTHEW A. JONES, Appellant DIVISION ' b'7-3t J7 Civi Docket: NT-0000732-03 PRELIMINARY ORDER '1?OU 9,0 AND NOW, this ?d day of May, upon consideration of the within Petition, it is hereby ORDERED that a Hearing shall be set for the ;k day of k!i)7 2007, at T-10 o'clock m., in Court Room of the Cumberland County Courthouse. This Order shall serve as a supersedeas to the disqualification/suspension of MATTHEW ALAN JONES operating privileges. A copy of this Order is to be served upon The Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, River Front Office Center, Harrisburg, Pennsylvania 17104-2516. THE COUR JUDGE ViN ff? E 3d C i ,C Nd OE AN LOU A8ViONOHiOdd 3HI dO 30ld..410-ffd 11d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C)V L- COMMONWEALTH OF PENNSYLVANIA, DIVISION Respondent vs MATTHEW A. JONES, ao07 -0_ Appellant Docket: NT Gyp 1?1ad3 PRO SE MOTIONTO POSTPONE HEARING Filed on behalf of: MATTHEW A. JONES MATTHEW A. JONES 66 Schoolhouse Road Gardners, PA 17234 Phone: '1'7-M-7ffZ- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Respondent Vs MATTHEW A. JONES, Appellant C) vl` DIVISION Docket: PR E MQJ[ION T Df%cTDONE HEARING OF ? ? o0 AND NOW, comes the Appellant, Matthew A. Jones, and sets forth the following in support of the above referenced Motion: 1. The undersigned is waiting for adjudication of the Summary Appeal of underlying violation and the Hearing is not scheduled until September 20, 2007. WHEREFORE, it is requested that this Court postpone the Hearing until after the September 20, 2007 date. Respectfully Submitted, M hew A. nes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C..1 ?/ L COMMONWEALTH OF PENNSYLVANIA, tL DIVISION Respondent vs MATTHEW A. JONES, Appellant Docket: CERTIFICATE OF SERVICE I hereby certify that I have this /O.Z;& day of July. 2007, served a true and correct copy of the foregoing PRO SE MOTION TO POSTPONE HEARING OF Q009upon the person(s) and in the manner indicated below: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104-2516 7111 M hew A. es ? Q ? ?? - ?= n?{-= ;;?: -, ... a , ?{ ? ._ ..; , ? ? i ? ??' - JUL 1120074? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, Respondent vs MATTHEW A. JONES, Appellant E DIVISION a,2oo'7--C?3/l'7 Docket: ?I ;A AND NOW, this 1.3 day of JULY, 2007 upon consideration of the within PRO SE MOTION TO POSTPONE HEARING OF_--kit is hereby ORDERED, ADJUDGED and DECREED that the Hearing will be postponed until after the September 20, 2007 date and rescheduled for the (A- " ' day of c • at • d o'clock A M. in Court Room Number Oct- J. ? ? 1? +',t ?+t1 I•ri 1 .C ?lj c ! I`lr LOOZ 1-Hi 30 MATTHEW A. JONES, Appellant V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3117 CIVIL TERM CIVIL ACTION - LAW IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 1st day of October, 2007, at the request of the Defendant, this matter is continued one last time to Thursday, December 6, 2007, at 1:00 p.m. Xeorge Kabusk, Esquire For the Appellee ,Matthew A. Jones 66 Schoolhouse Road Gardners, PA 17324 Appellant, Pro se srs Edward E. Guido, J. f ?1•do f I ?S ?,?r-y MATTHEW A. JONES, VS IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 07-3117 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 6th day of December, 2007, upon review of the exhibits admitted into evidence, this matter is remanded to the Department to correct the record and rescind the suspension which is the subject of this appeal. Pending that action, supersedeas shall remain By Ae Court, X tthew A. Jones 66 Schoolhouse Road Gardners, PA 17324 Appellant, Pro se L/eorge Kabusk, Esqu For PennDOT :mlc wa C 6 V 01 3"30 LOOZ JHi AO