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Home My WebLink About03-5141Daniel J. Hummel, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN ~ COIJRT OF COMMON' PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Petition for Review of Order of Department of Transportation Suspending Operating Privilege Petitioner Daniel J. Hummel respectfully petitions the Court pursuant to 75 Pa. Cons. Stat. Ann. Sect 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represems as follows: 1. Petitioner Daniel J. Hummel is an adult individual residing at 1714 Maple St., New Cumberland. Pennsylvania, 2. Petitioner currently possesses a valid driver's license issued to him on 11/15/2002, which has not heretofore been suspended, cancelled, or revoked. By letter dated September 02. 2003, petitioner was notified in writing the Department of Transportation of the entry of an order suspending his driver's license for the following reasons set forth in the notice: accumulation of po'mrs. A copy of the notice is attached as Exhibit "A". 4. The suspension is improper and unlawful for the following reasons: The petitioner has acommlated 6 or more points unjustly, as a result of settling with the DA's office for 10mph over when in fact the petitioner wasn't even going that fast. The petitioner has maintained a safe driving record for the past year before the previous violation for speeding. WltEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for de nero hearing pursuant to 75 Pa. Cons. Stat. Ann. Sect. 1550 and that the order of the Department of Transportation be set aside. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct based upon personal knowledge, information and/or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Da~i~el ~J. Hummel Date: September 25, 2003 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Hail Date: SEPTEMBER 02, 2005 DANIEL JACOB H HUMMEL 1714 MAPLE STREET NEW CUMBERLAND PA 17070 WID ~ 032386532276998 002 PROCESSING DATE 08/26/2003 DRIVER LICENSE ~ 25801943 DATE OF BIRTH 09/09/1981 Dear MR. HUMMEL: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1558 of the Pennsylvania Vehicie Code. As a resuIt of your departmental hearing: Your driving privilege is SUSPENDED fop a pePiod of 50 DAY(S) effective 10/07/2003 at 12:0! a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION and PAYING THE RESTORATION FEE. You should follow ALL lnstPuctions vePy caPefully. Even if you have sePved all the time on the suspen$ion/Pevocationj we cannot restoPe youP d~iv~ng p~ivilege until all the PequiPements ape satisfied. COMPLYING 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 10/07/2005. You may surrender these items before, 10/07/2005, for earlier credit; however, you may not drive after theme items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of ~10.00. 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 will not Pecelve cPedit towaPd sePving any until We Peceive youP license(s). Complete the steps to acknowledge this suspension. suspension following 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If 052586552276998 you do not have any of these items, send a sworn nota- rized 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 68695 Harrisburg, PA 17106-8693 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 con- firming the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, pIease 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, If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Poi/ce for prosecution under SECTION I571(a)(q) of the Pennsylvania VehicIe Code. PAYING THE RESTORATION 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. 032~86552276998 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 02, 2003, of this letter. Zf you file an a~peal 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 certi- fied copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710q-2516 Remember, this is an OPFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 10/07/2005. Sincerely, Rebecca L. BickleY, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-q600 TOD IN STATE OUT-OF-STATE 717-391-6190 TOD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 SEP 3 0 7003 ORDER AND NOW, this .__~'~ day of~ 2003 for review of an order of the Department of Transportation suspending petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. Hearing on t__he above-captioned matter is set for Courtroom ~ located at Cumberland County Courthouse, Carlisle, Commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address shown in the department's notice of entry of order receipt requested. /fied mail, remm \o.Oq'd hearing, DANIEL J. HUMMEL, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL Respondent : NO. 03--5141 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of November, 2003, after the action of the Department in suspending Appellate's operating privileges is sustained in part and overruled in part. The suspension shall be reduced from a 30-day suspension to a 15-day suspension. In all other respects, the action of the Department is upheld. By the C Edward E. J. Daniel J. Hummel 1714 Maple Street New Cumberland, PA 17070 George H. Kabusk, Esquire For the Respondent :lfh