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Home My WebLink About03-5166DAVID ALLEN COURTNEY, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this 25TH day of September, 2003, comes David A. Courtney, by and through his attorney, David E. Hershey, Esquire and Wiley, Lenox, Colgan & Marzzacco, P.C., and respectfully files the following License Suspension Appeal, averdng as follows: 1. David A. Courtney is an adult licensed driver with a residence address of 6400 Salem Park Circle, Mechanicsburg, Cumberland County, PA 17050. 2. The Department of Transportation Bureau of Driver Licensing has a mailing address of 1101 South Front Street, Harrisburg, PA 17104. 3. Petitioner received a notice of a proposed one year license suspension, with a mail date of September 18, 2003, which is marked as Exhibit A, attached hereto and incorporated herein by reference, which indicates his one year suspension for driving under suspension began or will begin on October 23, 2003. 4. Defendant was convicted of driving under suspension on September 10, 2003 in District Court 06-3-03 which gave rise to the Department's action as outlined in outlined in Exhibit A. 5. The suspension proposed by the Department and outlined in Exhibit A is illegal, improper, and invalid for some or all of the following reasons: a. Petitioner's summary conviction for driving under suspension in presently on appeal and is pending in Northumberland County court. WHEREFORE, Petitioner prays that Your Honorable Court enter a stay relative to the above-captioned matter in accordance with section 1550 of the Vehicle Code and further to schedule a hearing on the merits of this appeal. By: Respectfu~ DA~E. ~ERSHEY, ESQUIRE THE WILEY GROUP 1 Baltimore Street Dillsburg, Pennsylvania 17019 I.D. #: 43092 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 18, 2003 DAVID ALLEN COURTNEY 6400 SALEM PARK CIRCLE MECHANICSBURG PA 17050 WID # 032549283193360 001 PROCESSING DATE 09/11/2003 DRIVER LICENSE t 23203869 DATE OF BIRTH 02/22/1970 Dear HR. COURTNEY: This is an O~ficSal Notice o~ the Suspension of your Driving Privilege as authorized by Section 15~$ of the Pennsylvania Vehicle Code. As a result of your 09/10/2005 conviction of violating Section 15~$A of the Vehicle Code DRIVING NHILE SUSP/REVOKE on Your driving privilege is SUSPENDED for a perlod of 1 YEAR(S) effective 10/23/2003 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 foZlow ALL inetructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving Priv- ilege until all the requirements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driverms licenses (camera cards) in your possession on or before 10/23/2005. You may surrender these items before, 10/23/2003, 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 will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. EXHIBIT 032549283193360 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. 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 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driverts 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 weekst 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. If you do not return all current driver license pro- ducts, we must refer th~s matter to the Pennsylvania State Police for prosecution under SECT[ON 1571(a)[4) of the Pennsylvania VehAcle Code· PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocatAon of your driving privilegeo 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. Follow the payment and mailing instructions on the back of the application. 0325492851933~0 PROVIDING PROOF OF INSURANCE Within the last $0 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that t/me. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Zmport&nt: 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, APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, SEPTEMBER 18, 2005, of this letter. Zf you ~tle an appeal In the County Court, the court wtll glve you a tlme- etamped 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 Off/ce Center Harrisburg, PA 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 10/25/2005. Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8695 INFORMATION (7:00 AM TO 9:00 PR) IN STATE 1-800-932-q600 OUT-OF-STATE 717-391-&190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 DAVID ALLEN COURTNEY, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA NO: :LICENSE SUSPENSION :APPEAL VERIFICATION I, DAVID ALLEN COURTNEY, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MAR?TACCO, P.C. ALLEN COURTNEY DAVID ALLEN COURTNEY, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO: LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Shawna L. Varner, Legal Assistant in the Law Firm The Wiley Group, hereby certify that I, on this day, serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage pre-paid at Harrisburg, Pennsylvania, on theA_~),..~ ~ day of September, 2003. George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 Shawna L. ~(.afner, Legal Assistant The Wiley Group DAVID ALLEN COURTNEY, Fetitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL ORDER AND NOW, this 1~"7~ day of ~~._, 2003, upon consideration of the attached Appeal and the reasons supporting same, IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this case is hereby scheduled for th~L~ay of~, 2003, atJJ~.m, o'clock in Courtroom No...w~of the Cumberland County Court House at 1 Courthouse Square, Carlisle, Pennsylvania. Pursuant to Section 1550 of the Motor Vehicle Code, the Department of Transportation is hereby Ordered to stay the proposed ninety-day suspension until such time as this case can be decided on its merits. JUDGE DAVID ALLEN COURTNEY, IN THE COURT OF COMMON PLEAS Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5'166 CIVIL TERM LICENSE SUSPENSION APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this 19TH day of November, 2003, comes David A. Courtney, by and through his attorney, David E. Hershey, Esquire and Wiley, Lenox, Colgan & Marzzacco, P.C., and respectfully files the following Motion for Continuance, averring as follows: 1. A hearing is scheduled for November 24, 2,003 at 11:00 a.m. 2. The underlying summary conviction giving ~rise to the proposed license suspension is pending an appeal in Northumberland County on January 6, 2004. 3. Counsel for The Department of Transportation, George Kabusk, Esquire, has been contacted and has no objection to this request. WHEREFORE, Petitioner prays that Your Honorable Court continue this matter for the above stated reasons. Respectfully submitted, By: DA~iD'-E. HERSHEY, ESQUIRE THE WILEY GROUP 130 W. Church Street; Suite 100 Dillsburg, Pennsylvania 17019 I.D. #: 43092 DAVID ALLEN COURTNEY, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA : NO: 03-5166 CIVIL TERM :LICENSI= SUSPENSION :APPEAL, VERIFICATION I, DAVID E. HERSHEY, ESQUIRE, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. DAVID E. HERSHEY, IESQUIRE DAVID ALLEN COURTNEY, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO: 03-5166 CIVIL TERM LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICF I, Shawna L. Varner, Legal Assistant in the Law Firm The Wiley Group, hereby certify that I, on this day, serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of sa~ne in the United States Mail, postage pre-paid at Harrisburg, Pennsylvania, on the /q~ day of November, 2003. George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 TShh;Wv~i~e~roau//~er, Legal Assistant DAVID ALLEN COURTNEY, Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL NO. 03-5166 CIVIL TERM CONTINUANCE ORDER OF COURT AND NOW, this 24th day of November, 2003, it having been related to the Court by the Department that the defense has rquested a continuance to which the Department does not object, this matter is continued generally. It shall be relisted at the request of either party. By th, Edward E. Guido, J. David E. Hershey, Esquire For the Petitioner George H. Kabusk, Esquire For the Respondent :lfh DAVID ALLEN COURTNEY, IN THE COURT OF COMMON PLEAS Petitioner VS, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5166 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ (~ ~ ~m/,,~ day of ,2003, upon consideration of the attached Motion for Continuance and the reasons supporting same, IT IS HEREBY ORDERED AND DECREED that this hearing is hereby continued forthe ~'~l~dayof /~¢,~'~ 2004, at ~','/3~A .m. o'clock in Courtroom No. ~ of the Cumberland County Court House at 1 Courthouse Square, Carlisle, Pennsylvania. JUDGE DAVID ALLEN COURTNEY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : CIVIL ACTION - LAW Respondent : NO. 03-5166 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 9th day of January, 2004, after the admission of Petitioner's and Respondent's Exhibit 1, this matter is remanded to the Department with the direction to rescind the Section 1543 conviction and impose a Section 1501 conviction with a violation date of 3/14/03 and a conviction date of 1/6/04. By th Edward E. Guido, J. ~avid E. Hershey, Esquire For the Petitioner ~orge H. Kabusk, Esquire For the Respondent :lfh