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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 ~p ~ ~ N C ? -1l '7 ~~ y ~ ~~ !~, -~ ~ ~~ ~ ~f L ~ ~ . ~~ ~ Q~ ~ ~ W "< ~ W ~ c~ ~- `~ " ~ 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 C~ ~ ~ !~~ ~ ~~ ~. F ~ I~.,r `~i. ~i ~~~ t ; ~~j ~ 4~ f :~?il_ ~ ~ _a O ~