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Home My WebLink About03-4437CHRISTOPHER ROBERT ANDERSON, F~etitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. CIVIL DIVISION (DRIVER LICENSE SUSPENSION) APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE AND NOW, comes the Petitioner, Christopher Robert Anderson, an individual, by his attorneys, McNees Wallace & Nudck LLC, and pursuant to 75 Pa.C.S. §1550, files this appeal from the Order of Suspension of his ddving privilege and avers the following in support thereof: 1. Petitioner is Christopher Robed Anderson ("Anderson"), an individual, with a residence address of 1821 Red Spruce Lane, Mechanicsburg, PA 17050. 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Ddver Licensing ("PennDOT"), with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2516. 3. By notice dated August 25, 2003, Anderson was notified that his Pennsylvania driving privilege was being suspended as the result of a conviction which occurred on August 14, 2003. A true and correct copy of the notice is attached hereto as Exhibit "A". 4. The notice states that Anderson's Pennsylvania driving privilege will be suspended for six (6) months as a result of a conviction for 75 Pa. C.S. § 3367 (relating to racing on highways). 5. 6. The suspension is to be effective September 29, 2003. Anderson has appealed the underlying conviction and anticipates a heating in October, 2003. 7. Anderson will be prejudiced if the suspension is effectuated pdor to his cdminal case being heard by the York County Court of Common Pleas. 8. The filing of this appeal operates as an automatic supersedeas of Anderson's driving privilege; therefore, PennDOT must restore Anderson's driving privilege pending appeal. WHEREFORE, Petitioner, Christopher Robert Anderson, requests that this matter be scheduled for hearing pursuant to 75 Pa.C.S. {}1550, but not for 90 days. Respectfully submitted, McNEES WALLACE & NURICK LLC Date: September oC~''' , 2003 Lawrence R. Wieder, Esquire Attorney I. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Petitioner Ch~fstopher Robert Anderson CONMONWEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Nail Date: AUGUST 25, 2005 CHRISTOPHER ROBERT ANDERSON 1821 RED SPRUCE LANE MECHANICSBURG PA 17050 WID t 032309283787511 001 PROCESSING DATE 08/18/2003 DRIVER LICENSE ~ 27006087 DATE OF BIRTH 11/03/1984 Dear NR. ANDERSON: This is an O~ictal Notice o~ the Suspens$on of your Driving Privilege as authorized by Section I552E of the Pennsylvania Vehicle Code. As a result of your 08/I~/2005 conviction of violating Section 5567 of the Vehicle Code RACING ON HIGH- WAYS on 05/12/2005: Your driving privilege is SUSPENDED ~Or a period o~ 6 HONTH(S) e~ecttve 09/29/2003 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YOU should ~ollow ALL instructions very carefully. Even t~ you have served all the time on the suspension/revocation, we cannot restore your driving priv- ilege untO! ail the requtnements are sat$s~ted. CONPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 09/29/2005. You may surrender these items before, 09/29/2005, for earlier credit; however, you may not drive after these items are surrendered. YOU HAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. You must present two (2) forms of ProPer iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. YOU w111 not recelve credlt toward serving any untll we recelve your license(e). Complete the steps to acknowledge this suspension. suspension following 032309283787511 PROVIDING PROOF OF INSURANCE Nithin the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of surance at that t/me. This letter will list acceptable documents and what ~ill be needed if you do not own a vehicie registered in Pennsylvania. Zmpo~tant: Please make sure that PennDOT is notified Af you move from your current address. You may notary PennDOT of your address change by call/ng any of the phone numbers listed at the end of this letter. APPEAL You have the r/ght to appeal th/s act/on to the Court of Common Pleas (C/v/1 D/v/s/on) ~/th/n 30 days of the ma/1 date, AUGUST 25, 2003, of th/s letter. 1~ you ~11e an appeal tn the County couPt, the Cou~t ~111 glve you a time-stamped oePtl~led copy o~ the appeal. In order for your appea! to be val/d, you must send th/s t/me-stamped cert/f/ed copy of the appeal by cert/fied mail Pennsylvan/a Department of Transportation Off/ce of Ch/el Counsel Th/rd Floor, R/verfront Off/ce Center Harr/sburg~ PA 17104-2516 Remember, th/s is an OFFZCZAL NO?ZCE OF SUSPENSZONo You must return all current Pennsylvania driver 1/cense products to PennDOT by 09/29/2003. S/ncerely~ Rebecca L. B/ckley, D/rector Bureau of Dr/vet L/cens/ng SEND FEE/LICENSE/DL-I&LC/TO: Department of Transportat/on Bureau of Dr/vet L/cens/ng P.O. Box 68693 Harr/sburg, PA 17106-8693 INFORMATION (7:00 AM TO 9~00 PM) IN STATE 1-800-932-q600 OUT-OF-STATE 717-391-6190 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 CERTIFICATE OF SERVICE AND NOW, this ~ dayof September, 2003, I hereby certify that I have served a true and correct copy of the within document, via certified United States mail, return receipt requested and postage prepaid as follows: PA Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 S. Front Street - 3rd Floor Harrisburg, PA 17104-2516 McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire Attomey I. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17106 (717) 237-5229 Attorneys for Petitioner Christopher Robert Anderson SEP 1 1 Z003 ~ CHRISTOPHER ROBERT ANDERSON, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL DIVISION DRIVER LICFNSE SUSPENSION) AND NOW, this I day of ,2003 upon consideration of the Appeal of Christopher Robert Anderson, from the suspension of his Pennsylvania driving privilege, a d_ge novo hearing is scheduled for the ~ day o~r, 200[3, __ _.. in Court Room No. ~ of the Cumberiand County Courthouse. All proceedings to stay in the meanwhile. BY THE COURT: CHRISTOPHER ROBERT ANDERSON, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4437 Civil Term CIVIL DIVISION (DRIVER LICENSE SUSPENSION) PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please withdraw the appeal of Petitioner Christopher Robert Anderson in the above captioned matter. Date: December~, 2003 Respectfully submitted, McNEES WALLACE & NURICK LLC By r, Esquire Attorney I. D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5229 Attorneys for Petitioner Christopher Robert Anderson CERTIFICATE OF SERVICE AND NOW, on this ~day of December, 2003, I hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: George Kabusk Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center 1101 South Front Street, 3rd Floor Harrisburg, PA 17101-1900 McNEES WALLACE & NURICK LLC Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Petitioner Christopher Robert Anderson