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Home My WebLink About07-5657COMMONWEALTH OF PA APPELLEE V. MICHAEL RHYKERD, APPELLANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : Driver License No.: 27978651 74.0- _56.57 NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this ?-)- day of September, 2007, the Defendant, Michael Rhykerd, by and through his attorney, John A. Abom, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Michael Rhykerd, is an adult individual who currently resides at 5509 Silver Creek Drive, Mechanicsburg, Pennsylvania 17050. 2. Appellee, Commonwealth of Pennsylvania, is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated § 6308 of the Crimes Code on or about September 1, 2006. 4. Appellant denies that he violated § 6308 of the Crimes Code. 5. By letter dated September 18, 2007, Appellee notified Appellant that his driving privilege would be suspended for a period of one (1) year effective November 18, 2007. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". 6. Appellant denies that the Appellee is authorized to suspend his driving privileges. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, DATE C D ABOM& KUTULA"S, LLP John A. Abom, Attorney for Al 36 S. Hanover Carlisle, PA 17013 (717) 249-0900 ID No. 77961 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 18, 2007 MICHAEL RHYKERD WID # 072546116477342 001 5509 SILVERCREEK DRIVE PROCESSING DATE 09/11/2007 DRIVER LICENSE # 27978651 MECHANICSBURG PA 17050 DATE OF BIRTH 10/25/1987 LICENSE IN BUREAU Dear MR. RHYKERD: As a result of your violation on 09/01/2006 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 1 YEAR(S) as mandated by section 1532D of the vehicle code. The effective date of suspension is 11/18/2007, 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. 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 in- surance 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. 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 18, 20079 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 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 17104-2516 EAE)*U*W 072546116477342 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, 9;?u ?-- Z g 0,;Zl) 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 CERTIFICATE OF SERVICE I, Emily J. Filiberti, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 DATE Emily J. e v Ov J c__a 'T- Lp `? _ 00 SEP 2 8 2007 et' COMMONWEALTH OF PA APPELLEE V. MICHAEL RHYKERD, APPELLANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : Driver License No.: 27978651 b-1- 616-57 U V i i Ti,,, ORDER AND NOW, this day of , 2007, upon consideration of the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the J#-day of 2007, at .4W/PM, in Courtroom # _j?, of the Cumberland County Courthouse. FURTHERMORE, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. §1551 -11ohn A. Abom, Esquire 36 South Hanover Street Carlisle, PA 17013 .I(ennsylvania Department of Transportatic Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 G? >- ?. c ?i N iy ev :..t.. `--? -- L - L c COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE : Driver License No.: 27978651 V. MICHAEL RHYKERD, APPELLANT b'1- s? 57 PRAECIPE TO WITHDRAW TO THE PROTHONOTARY OF SAID COURT: Kindly withdraw the LICENSE SUSPENSION APPEAL in the above-captioned action with prejudice. A License Suspension Appeal Hearing is scheduled to occur on December 27, 2007. Respectfully submitted, ABOM& KU7 UL4MS, LLP Dam: John A. Abo s Attorney I.D. 79( 36 S. Hanover Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE AND NOW, I, John A. Abom, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Praecipe to Withdraw by First Class U.S. Mail at the following. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 171042516 CJ ?v ?' r"Ry