HomeMy WebLinkAbout07-6058Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION
VS.
GREGORY D. FOLSOM, )
Appellant )
NO. 07- G0,5k
APPEAL FROM SUSPENSION OF
OPERATING PRIVILEGES
PETITION FOR APPEAL
FROM SUSPENSION OF OPERATING PRIVILEGES
TO THE HONORABLE JUDGES OF THE COURT:
NOW COMES GREGORY D. FOLSOM, upon a Petition for Appeal from Suspension of
Operating Privileges, whereof the following is a statement:
1.
2.
3
Petitioner is GREGORY D. FOLSOM whose address is 2015 Lincoln Street, Camp Hill,
PA., Cumberland County, Pennsylvania.
Petitioner has received at Notice of Suspension of the operating privileges of Petitioner,
as set forth in the Official Notice of Suspension from the Director of the Bureau of Driver
Licensing, Department of Transportation, processing date of September 7, 2007 and
mailing date of September 14, 2007, is hereby granted, effective October 19, 2007 at
12:01 a.m..
The stated basis for the suspension is: "Due to your failure to attend a departmental
hearing, a sanction of 60 DAY(S) is imposed as mandated by Section 1538 of the Vehicle
Code."
4.
5
Petitioner did not have notice of a Departmental Hearing.
Petitioner did not intentionally fail to attend a Departmental Hearing.
1,
6. Petitioner is willing to attend a Departmental Hearing if he has notice of the hearing.
7. Petitioner believes and therefore avers that the 60 Day suspension of his operating
privileges by the Department of Transportation, Commonwealth of Pennsylvania, under
the circumstances, is improper.
WHEREFORE, Petitioner prays that this Honorable Court enter and Order fixing the time
and place of a hearing to determine whether the operating privileges of Petitioner should be
suspended or the suspension should be set aside as improper and invalid. Petitioner also seeks a
new Departmental Hearing, after proper notice, on the underlying issue that caused the
Department to schedule a hearing.
Date
Respectfully submitted,
?, 11,
e ry D. Folsom
Pro Se
2015 Lincoln Street
Camp Hill, PA 17011
Cellular Telephone: (814) 571-7264
VERIFICATION
Subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to
authorities, I, GREGORY D. FOLSOM, verify that the averments of fact set forth in the
foregoing Petition for Appeal from Suspension of Operating Privileges are true and correct upon
my personal knowledge or information and belief.
ORY D. FOLSOM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA, )
DEPARTMENT OF TRANSPORTATION )
VS. )
}
GREGORY D. FOLSOM, )
Appellant )
NO.
APPEAL FROM SUSPENSION OF
OPERATING PRIVILEGES
CERTIFICATE OF SERVICE
I hereby certify that on this day, I am serving the foregoing document upon the person
and in the manner indicated below, which service satisfied the requirements of Pa. R.C.P. 440.
SERVICE BY FIRST CLASS CERTIFIED MAIL RETURN RECEIPT REQUESTED
ADDRESSED AS FOLLOWS:
Pennsylvania Department of Transportation
Office of Chief Counsel
3' Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Date
i"
go D. Folsom
Pro Se
2015 Lincoln Street
Camp Hill, PA 17011
Cellular Telephone: (814) 571-7264
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA, )
DEPARTMENT OF TRANSPORTATION )
VS. )
GREGORY D. FOLSOM, )
Appellant )
NO.
APPEAL FROM SUSPENSION OF
OPERATING PRIVILEGES
AFFIDAVIT OF RETURN SERVICE
I, Gregory D. Folsom, do swear according by law, that I have made service of the Petition
For Appeal From Suspension of Operating Privileges upon the Commonwealth of Pennsylvania,
Department of Transportation by certified mail, return receipt requested. Service was
accomplished on
2007.
Attached hereto as evidence of said service is a signed return receipt.
Date Gregory D. Folsom
Pro Se
2015 Lincoln Street
Camp Hill, PA 17011
Cellular Telephone: (814) 571-7264
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WACLIENTSWOLSOM, GREGORY DYDRIVERS LICENSE APPEAL.DOC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Gtn 'D fvtsoM CIVIL ACTION - LAW
JS.
COMMONWEALTH OF PENNSYLVANIA, )
DEPARTMENT OF TRANSPORTATION )
ORDER
AND NOW, this 7 day of Q Gl?tl y ?
NO. 07 - [a 05g Civil Ter%
APPEAL FROM SUSPENSION OF
OPERATING PRIVILEGES
Okol , upon consideration of the
within Petition for Appeal from Suspension of Operating Privileges and on motion by Petitioner
named above, the Oof , at A7.)0_PM., in Courtroom No. 3
, of the CUMBERLAND County Courthouse, Carlisle, Pennsylvania, is hereby fixed as
the time and place for hearing of the within petition.
Written notice no later than thirty (30) days prior to the hearing shall be given to the
Director of the Bureau of Driver Licensing, Department of Transportation, of the time and place
of the hearing.
Supersedeas of the suspension of the operating privileges of Petitioner, as set forth in the
Official Notice of Suspension from the Director of the Bureau of Driver Licensing, Department
of Transportation, processing date of September 7, 2007 and mailing date of September 14, 2007,
is hereby granted, effective October 19, 2007 at 12:01 a.m..
J.
U
t3 ?8 1 loo LRI
GREGORY FOLSOM,
VS
IN THE COURT OF COMMON PLEAS OF
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
NO. 07-6058 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 6th day of December, 2007, hearing in
this matter is continued to February 15, 2008, at 1:30 p.m. to give
Petitioner the opportunity to reschedule and attend the
departmental hearing.
By th ourt,
Edward E. Guido, J.
x regory D. Folsom
2015 Lincoln Street
Camp Hill, PA 17011
Appellant, Pro Se
,ge"'orge Kabusk, Esquire
For PennDOT
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-I 01 3'0 LORL
GREGORY FOLSOM,
VS
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-6058 CIVIL TERM
CIVIL ACTION - LAW
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
ORDER OF COURT
And now this 15th day of February, it appearing to the
Court that the Department has rescinded the suspension at issue,
the appeal is dismissed a
By
ot.
Edward E. Guido, J.
? Gregory D. Folsom
2015 Lincoln Street
Camp Hill, PA 17011
Appellant, Pro Se
? George Kabusk, Esquire
For PennDOT
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