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Home My WebLink About07-6901 SHAWN M. LIBERATOR, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- (?,QQ l CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL Petitioner, Shawn M. Liberator, by her attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Shawn M. Liberator, an adult individual residing at 996 Mount Rock Road, Carlisle, PA 17015. 2 On November 9, 2007, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of one year effective November 18, 2007. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A". 3 The Order suspending Petitioner's license as set forth on Exhibit A is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's 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 issues raised in this Petition. Resp rtfull"ubmitted , Date: November 14, 2007 x ?, C" ubert X. ' roy, Esquire Martson ardorff Williams Otto Gilroy & Faller Attorney for Petitioner Nov 12 2007 3:29PM HP LRSERJET FAX P.2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 09, 2007 SHAWN MICHAEL LIBERATOR WID 073066571609101 001 996 MOUNT ROCK RD PROCESSING DATE 11/02/2007 DRIVER LICENSE A 23178589 CARLISLE PA 17015 DATE OF BIRTH 31/22/1973 LICENSE IN BUREAU Dear Motorist: As a result of your conviction of violating section 3302 of the Vehicle Code FAILURE TO YIELD on 10/19/2007, 3 points have been assigned to your record. Your total point accumulation is 12 points. Since your point record shows an accumulation of 12 points, a sanction of 34S DAY(S) is hereby imposed as man- dated by Section 1539 of the Vehicle Code. The effective date of suspension is 11/18/2007, 12:01 a.m. The above mentioned sanction is in addition to any pre- viously issued sanction(s). You will be notified of any outstanding restoration re- quirements approximately 30 days before the eligibility date of the restoration of your driving privilege. You roust follow those instructions very carefully in order to have your driving privilege restored. EXHIBIT A . 2 2007 3:29PM HP LASERJET FAX P.1 073066571609101 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 09, 2007o, 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 F1nnv-- pi verf-rnot-Offi.c.e...Centar- Harrisburg, PA 17104-2516 Sincerely, <:?(? z Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation, IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 R? c? 6? -44 -lz co .d erg. v? ?r l.. cz) a Q rn-13 24 ?r 1 SHAWN M. LIBERATOR, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-6901 CIVIL TERM : APPEAL FROM DRIVER'S LICENSE : SUSPENSION COURT ORDER AND NOW, this -A4? day of November, 2007, upon consideration of the foregoing Petition For Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the suspension of his operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the 13hL day of , 2007 at mat -, 1? which time the issues raised in this Petition will beard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on November 9, 2007 and relating to the suspension of Petitioner's license effective on November 18, 2007. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. Cc: Ebert X. Gilroy, Esquire L?Ice of the Chief Counsel of Penn-DOT V ?- to LLJ SHAWN M. LIBERATOR, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2007- 6901 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER AND NOW, this ?4 day of February, 2008, the hearing previously scheduled for Wednesday, February 13, 2008, is hereby rescheduled tojop,1j- i , 2008, at m. in the Cumberland County Courthouse, Courtroom No. Carlisle, Pennsylvania. BY THE COURT, , J. Hubert X. Gilroy, Esquire eorge Kabusk, Esquire ,if I'es rn ? a/!4/o8 w I 7- SHAWN M. LIBERATOR, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2007- 6901 CIVIL TERM : APPEAL FROM DRIVER'S LICENSE : SUSPENSION ORDER AND NOW, this /eday of April, 2008, the hearing previously scheduled for Wednesday, iy April 1-5, 2008, is hereby rescheduled to 2008, at//"3o4,m. in the Cumberland County Courthouse, Courtroom No. Carlisle, Pennsylvania. 13)/1'HE C"-Y, ' Katie J. Maxwell, Esquire -George Kabusk, Esquire Capt!Es, rn:2iLcL 1 3 for /{ in A. Ness , J. ? C-' t _ r -- Lu L c? CzD C"i F:TILES\C1ientS\12312 Liberator` 12312.I.order`.tde Rnised: 10309 3:35PM 10613.3 SHAWN M. LIBERATOR, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2007- 6901 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER AND NOW, this Z'l- day of April, 2008, upon the request of the Petitioner, the license appeal docketed to No. 2007-6901 is hereby dismissed. Distribution: ,Xxubert X. Gilroy, Esquire ,hilip Bricknell, Esquire J? .o BY THE COURT, ?l J. i i - ' ? !?.i `< i? Ev ?'" rt v ?, ? ; cwt ??, 'l '.2 Js 1-4 V