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Home My WebLink About01-6350SHANE T. GORDON, : IN TH~ COURT OF COMMON' PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. : COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators Licease DEPAKTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee : AND NOW ~ ~e ~ S~e T. ~rdo~ by ~d ~ou~ ~, Jr., E~ ~ r~y a~ ~ ~Ho~: 1. ~t r~ ~ 120 Ev~ ~e, P~ D~p~ ~, P~ 17078. 2. ~e ~t r~ a nofi~ ~ ~o~ 26, 2~1, ~ ~ a r~ of~ ~ ~o~on on ~ 16, 2~1 ofP~ V~cle ~ S~on 6308(A), p~ w~e ~ ~s~dM for a p~ of one y~, ~ve ~s~on ~e Nov~ 30, 2001, ~ 12:01 tm. A ~e ~ ~ ~py of~ N~ ~ ~h~ ~ ~3~ "A". 3. ~e ~t ~ a S~ C~mi~ Co~on ~ ~ D~p~ Co~ Co~ r~ ~ ~d~ ~ ~ on J~ 29, 2~1 Josh S. l.in~y on ~ 6, 2~ 1. 4. D~p~ ~ ~ ~ a S~ C~ ~on ~ ~ for D~20, 2~1 ~ 8:30 ~m 5. ~e ~ ~b~ts ~ ~ ~ not ~ a ~ ~on offs ap~ ~ ~ he wo~d be ~y pr~ ff~ ~on w~ to 6. ~ w~ ~6~ ~d~ to ~a ~ ~lls~. 7. ~e ~ of ms,on is ~ ~d ~o~d o~ ~ for ~ ~y, not one y~. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matte~ and to reverse the Dep~haant's Orde~ to suspend his Pennsylvania operating privileges. Date: Patrick F. Lauer, Jr., Esquir~ 2108 Market Street, Aztec Building Camp I-rill, Peansylvania 17011-4706 1Dg46430 Tel. (717) 763-1800 SHANE T. GORDON, : IN THE COURT OF COMMON PLEAS OF Appell~t : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. d>t-- COMMONWEALTH OF PI~NSYLVANIA,: Appeal of Old. ors Liceme DEPARTMElqT OF TRANSPORTATION, : Suspemion BUREAU OF DRIVER. LICENSING, : I, P~ F. ~, Jr., E~ ~ ~ ~r ~ S~e T. ~rdo~ v~es ~d ~ ~: 1. I ~ ~e ~om~ for ~ S~e T. ~rdo~ 2. I m ~o~ to ~e ~s v~on on ~ ~'s ~ 3. ~e ~ ~ ~ ~ ~e ~r~ ~ ~e ~o~ to ~ ~ not n~y to 4. ~ ~s ~ fo~ ~ ~e for~o~ ~ ~e ~e ~ m~ to ~ ~ of ~ ~owl~ge, ~o~on ~ ~ ~ 5. I m ~e ~ &!m ~s ~ ~e ~e ~j~ to ~e ~fi~ of 18 Pa. C.S. 4~, r~g to ~om ~on to ~fifi~. 2108 ~ S~ ~ B~g C~ ~ P~ 1701147~ ~30 Td. (71~ 763-18~ Date: [I/ ~/~! SHANE T. GORDON, : INTHE COURT OF COMMON PI,EAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA : v. :~o.: c~- ~.c~ ~;:C COMMONWEALTH OF PENNSYLV~: Appeal of Operators Liceme DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVEl{ LICENSING, : 2108 Market Street, Aztec BuildinE Camp I-~ Pennsylvania 17011-4706 II~46430 Tel. (717) 763-1800 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Maii Date: OCTOBER 2G, 200I SHANE T GORDON 120 EVERGREEN LN PALMYRA PA 17078 WID ~ 012926117503940 001 PROCESSING DATE 10/19/2001 DRIVER LICENSE ~ 26130411 DATE OF BIRTH 05/16/1982 Dear MR. GORDON: As a result of your violation on OG/1G/2001 of violating Section A6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 1 YEAR(S) as mandated by section 1552D of the vehicie code. The effective date of suspension is il/SO/ZOO1, 1Z:O1 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YOU should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements ~re satisfied. COMPLYING WITH THIS SUSPENSION You must return all current PennsYlvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 11/50/2001. You may surrender these items before, I1/50/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR ZDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 9.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You Will not receive credit toward serving any suspension until we receive youn license(s). Complete the following steps to acknowledge this suspension. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn 012926117503940 ~PPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 26, 2001, 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 Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/50/2001. Sincerely, Rebecca k. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-B00-952-~600 TOD IN STATE OUT-OF-STATE 717-591-6190 TOD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.paous 1-800-228-0676 717-591-6191 SH/LNE T. GORDON, Appellant Vo COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TR/~NSPORTATION BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6350 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 9th day of January, 2002, by agreement of the parties, and based upon the facts stipulated to by the parties, the action of the department in suspending Appellant's operating privileges is affirmed in part and reversed in part. The Appellant's operating privileges are suspended for a period of 90 days rather than one year. By the George Kabusk, Esquire Attorney for Appellee Patrick F. Lauer, Esquire Attorney for Appellee srs Edward E. Guido, J.