HomeMy WebLinkAbout07-6173Emrich J Matusky
Pettitioner
PENNSYVANIA
vs
COMMON WEALTH OF
PENNSLYVANIA, DEPARTMENT
OF TRANSPORTATION,
Respondant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
p~.-(x/73
N0.2007 CIVIL TERM
APPEAL FROM DRIVERS LICENSE
SUSPENSION
PETITION FOR APPEAL
Petitioner Emrich J Matusky sets forth the following:
Petitioner is Emrich J Matusky, an adult individual residing at 204 East Garfield Stn~et,
Shippensburg Pennslyvania 17257.
2
On September 21, 2007, the Director of the Bureau of Driver Licensing for the
Pennslyvania Department of Transportation suspended Petitioner's operating
priviledges for a period of one Year effective September 21, 2007. A copy of the
Suspension Notice is attached hereto and marked as Exhibit "A"
3
The Order suspending Petitioner's licenss as set on Exhibit A is illegal, arbitrary,
unreasonable, abuse of discretion, contrary to law, untimely issued, and a violation of
the Petitioners Constitutional Rights.
4
Petitioner seeks a de novo Hearing to determine whether the license suspension is
appropriate.
WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address
the isses raised in this Pettition.
Dated October 19, 2007
spectfu bmitted,
Emrich J Matusky
Petitioner
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
HARRISBURG, PA 17123
09/21/07
EMRICH JOSEPH MATUSKY DRIVER'S LICENSE NUMBER: 26469747
204 E GARFIELD ST BIRTH DATE: 09/15/82
SHIPPENSBURG PA 17257
Dear MR. MATUSKY
This is a RESTORATION REQUIREMENTS LETTER. It lists what you
must do to restore your driving privilege. PLEASE BE AWARE THAT
THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified
by the Department of Transportation (PENNOOT) that your driving
privilege has been restored. Only after that may you drive.
The date when You are eligible to have your driving privilege restored
has not been determined. To determine this ELIGIBILITY DATE, you
must resolve any issues listed in this letter as DRIVER'S LICENSE
RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, INDEFINITE RECALL,
and/or PRISON RELEASE REQUIREMENT.
Please read the following information carefully and be sure to
complete all requirements to have your driving privilege restored.
Unless another address is indicated, return any documents and/or
fees to the MAILING ADDRESS listed at the end of this letter.
RESTORATION FEE
-You must pay a 525.00 restoration fee to PENNDOT. Write your
driver's license number (listed above) on the check or money order
to ensure proper credit. Your check or money order should be made
payable to PENNDOT.
PROOF OF INSURANCE
-Within 30 days of your ELIGIBILITY DATE, provide a copy of one of
the following to PENNDOT to show that all motor vehicles currently
registered in Pennsylvania in your name are insured:
*Insurance ID card
*Declaration page of your insurance policy
*Insurance Binder
*An application of insurance to the PA Auto Insurance Plan
If you do not own a motor vehicle currently registered in Pennsylvania,
send a signed statement of this fact to PENNDOT which reads "I do
not own any motor vehicles currently registered in Pennsylvania".
Please include your name, address, driver's license number and date
of birth on the statement.
L / ~ ~.
LICENSE N0. 26469747
DRIVER'S LICENSE RETURN
-You are required to return any and all current PENNSYLVANIA driver's
license(s), learner's permit(s) and/or camera card(s) to PENNDOT.
If these are not in your possession, are expired, or you have never
been issued a PENNSYLVANIA driver's license, complete and return an
Acknowledgment Form (DL-16LC) to PENNDOT.
If you are an OUT OF STATE licensed driver or an OUT OF STATE resident
who has never been issued a driver's license, complete and return an
Acknowledgment Form (DL-16LC) to PENNDOT.
An Acknowledgment l=orm (DL-16LC) may be obtained at any PENNDOT
Driver's License Center. You may also write or call the address or
phone number at the end of this letter to obtain this form.
TERM SUSPENSION/REVOCATION
-Yvu have a 1 YEAR(S) suspension/revocation that began
(or will begin) on 09/21/07. Refer to the DRIVER'S LICENSE RETURN
section in this letter for information on getting credit started
for serving this suspension/revocation. The suspension/revocation
is a result of 1543, DRIVING WHILE SUSPENDED OR REVOKED
This letter identified the requirements necessary to restore your
driving privilege and we are looking forward to working with you to do
this. Unless another address was indicated, return any documents and/or
fees to the MAILING ADDRESS listed below. Phone numbers are provided
for your use. To ensure prompt customer service, please write your
driver's license number, listed at the beginning of this letter, on all
documents you send to PENNDOT. Thank you.
MAILING ADDRESS: INFORMATION (8:00
PENNDOT IN STATE
Bureau of Driver Licensing OUT-OF-STATE
P.O. Box 68693 TDD IN STATE
Harrisburg, PA 17106-8693 TDD OUT-OF-STATE
AM to 6:00 PM)
1-800-932-4600
717-412-5300
1-800-228-0676
717-412-5380
2
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`~ " ~ OCT 2 00~
Emrich J Matusky IN THE COURT OF COMMON PLEAS
Pettitioner CUMBERLAND COUNTY,
PENNSYVANIA
vs p `~ ~-- G I ~7 3
N0.2007 CIVIL TERM
COMMON WEALTH OF
PENNSLYVANIA, DEPARTMENT
OF TRANSPORTATION, APPEAL FROM DRIVERS LICENSE
Respondant SUSPENSION
COURT ORDER `
AND NOW, this day of October 20Q7, upon consideration of the
foregoing Petition For Appeat From an Order of the Director of the Bureau of
Driver Licensing, a hear is granted de novo to determine whether the Petitioner
is subjuect to the suspension of his operating privilges.
A hearing is schedule in Courtroom No. of the Cumberland
County Courthouseon the day of , X2007 at
.m at which time the issues raies in this petition will be
heard.
This appeal shall act as a superdeas of the Suspension Order issued by
the Department of Transportation on September 21, 2007. .
Petitioners counsel is directed to serve a copy of the~attached pettttion
and this Order on the approiate offices of the Pennslyvania~Department of
Transportation.
BY THE COURT
Judge
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