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Home My WebLink About07-5706ANDREW DAVID SMITH, Petitioner V. BUREAU OF DRIVER LICENSING DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA, Respondent IN THE COURT OF COMMON PLEAS CUN1BERLAND COUNTY, PENNSYLVANIA No. 67- S-I&L ej.,-L' Appeal from License Suspension PETITION FOR APPEAL FROM LICENSE SUSPENSION AND NOW comes petitioner, Andrew David Smith, by his attorney, Kent H. Patterson, and files this petition for appeal from license suspension as follows: 1. Petitioner is Andrew David Smith who resides at 6404 Salem Park Circle, Hampden Township, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055). 2. Respondent is Bureau of Driver Licensing, Department of Transportation, Commonwealth of Pennsylvania (the "department"), having an address at Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516. 3. Petitioner holds Pennsylvania Drivers License No. 24 948 863. 4. Petitioner received a notice from the department that his driving privileges were being suspended for a conviction on 08/21/2007 of "violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 08/16/2007." Attached to this petition and marked as Exhibit A is a copy of the notice. 5. Petitioner appeals the license suspension because he is challenging the summary conviction of 08/21/2007 for violation of Section 1543(a) of the Vehicle Code. On September 24, 2007, petitioner filed a petition for leave of court to file appeal nunc pro tuns from the summary conviction of 08/21/2007, to the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at No. CP-21-MD-733-2007. 6. The suspension of petitioner's driving privileges is premature, improper and/or contrary to law and should be rescinded for the following reasons: A. Dauphin County Court is considering petitioner's petition for leave of court to file appeal nunc pro tunc from petitioner's summary conviction on 08/21/2007 for the alleged violation of Section 1543(a) of the Vehicle Code. B. If petitioner is granted leave of court to file an appeal from the summary conviction, petitioner would be entitled to a hearing de novo, the appealed conviction would not be final and petitioner would defend the charge to which petitioner believes he has a valid defense. C. The department's records may have improperly shown that petitioner's license was under suspension on the date of the alleged violation. 2 D. The suspension of Petitioner's driving privileges is contrary to Constitution of the United States and the Commonwealth of Pennsylvania. E. Any other reasons that may appear in the hearing or in the record in this matter. WHEREFORE, the petitioner respectfully requests your honorable court to grant him a hearing on the suspension of his driving privileges and thereafter to sustain the appeal and rescind the suspension. Respectfully submitted, /en-H. Patterson Attorney for petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 3 VERIFICATION I, Andrew David Smith, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1 Andrew avi Sm th iq ` Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 29, 2007 ANDREW DAVID SMITH WID * 072349283100595 001 6404 SALEM PARK CIRCLE PROCESSING DATE 08/22/2007 DRIVER LICENSE t 24948863 MECHANICSBURG PA 17055 DATE OF BIRTH 05/07/1979 LICENSE IN BUREAU Dear MR. SMITH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 08/21/2007 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 08/16/2007: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 09/25/2007 at 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. 072349283100595 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 29, 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?loor;-'-R werfront 'DT•fice Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. Sincerely, 9?-U? Z g e") Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TOD IN STATE TOO OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 ,if xiY1g/ T- 4- d OCT 082007,?? r ANDREW DAVID SMITH, Petitioner V. BUREAU OF DRIVER LICENSING DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL Appeal from License Suspension ORDER OF COURT AND NOW this qt - day of 0(?1.c?V?'` , 2007f upon consideration of the Petition for Appeal from License Suspension, the matter is scheduled for a hearing on 6,,I ? o? - 200701 at (';0v Q.m., in court room number a , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. -lit T l t _.... C-3 1 l O f C-D 1 C N Q4 ANDREW DAVID SMITH, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5706 CIVIL TERM ORDER OF COURT AND NOW, this '2-3 day of December, 2007, the hearing scheduled for December 27, 2007, IS CANCELLED and rescheduled to Thursday, March 6, 2008, at 2:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By thp-Court, Kent Patterson, Esquire For Petitioner George Kabusk, Esquire For the Department of Transportation sal Edgar B. Bayley, J. O 'T I Z/ C., - L i ..ti LL co hj C% M. { , LLJ C:3 a Q MD (J N D ANDREW DAVID SMITH, Petitioner V. BUREAU OF DRIVER LICENSING, DEPARTMENT OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5706 Appeal from License Suspension PRAECIPE To the Prothonotary: Petitioner withdraws the appeal in this case since respondent has rescinded the suspension of petitioner's license from petitioner's driving record and this appeal is now moot. Please mark the appeal in this case as being withdrawn. Date : 4, ll' U? K nt H. Patterson Attorney for Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 C7 e.a r°xa 0 -n 'm