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Home My WebLink About08-1137BEWHAUR & CURCILLO Joseph A. Curcillo, III, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney ID# 44060 TYLER JAY TRANSUE V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a P-- /13 ? Cu* ' ---, LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Petitioner, Tyler Jay Transue, by and through his attorney, Joseph A. Curcillo, Esquire, and makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Tyler Jay Transue, is a Pennsylvania licensed driver with a residence address of 24 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Riverfront Office Center, Third Floor, 1101 South Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. Petitioner received a notice of license suspension by way of letter dated January 25, 2008 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on January 8, 2008 at 12:01 a. m. for a period of one (1) year for a violation of Section 3802(b) of the Vehicle Code. See Exhibit "A" attached hereto and incorporated herein by reference. 4. Petitioner believes that said license suspension is illegal, invalid, and improper for reasons which include, but are not limited to the following: a. The suspension was applied to his license as a result of an improperly recorded and/or reported conviction. b. Said suspension is otherwise illegal, invalid, and improper pursuant to statutory and case law. Petitioner did not refuse chemical testing; WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A". Date• a gy ? A. C illo , Esquire 3964 xipg{on Street Ha • , PA 17109 (7 651-9100 BENHAM & CURCILLO Joseph A. Curcillo, 111, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney 1D# 44060 TYLER JAY TRANSUE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : NO. LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Joseph A. Curcillo, III, Esquire, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 1 j , day of February, 2008 at the address listed below: George Kabusk, Esquire Office of Chief Counsel PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 B : Tammy L. Kelly BEMAUR & CURCILLO Joseph A. Curcillo, III, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney ID# 44060 TYLER JAY TRANSUE V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. LICENSE SUSPENSION APPEAL VERIFICATION I hereby verify that the statements made in this document true and c r that false statements herein are made subject to the penalti of 18 Pa.C.S. ect to unsworn falsification to authorities. i Date: Josep A -Z-urci)ei , III, Est :. I understand 4904, relating To: 917176519200 From: (6180996) 01/31/08 11:21 R1 Page 2 oENENI f 7 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 25, 200 TYLER JAY TRANSUE WID # 080186664518940 001 3166 GLENGREEN DRIVE PROCESSING DATE 0111812008 DRIVER LICENSE • 27091862 LANCASTER PA 17601 DATE OF BIRTH 04/20/1985 LICENSE IN BUREAU ?: Dear MR. TRANSUEi This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 10/23/2007 conviction of violating Section 38028 of the Vehicle Code DUI BAC .10-<.16 on 09/15/20061 • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 01/08/2008 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for 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 are satisfied. PRISON RELE.Aj1 R U RE Ij The Court of CUMBERLAND CTY, Court Number 3247, Court Term 2006 has sentenced you to serve a prison term for this violation. Pursuant to Section 1541(a.1) of the Vehicle Code, you will not receive credit for this ouspension/revocation or any additional suspension/revocation until you complete your prison term. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. PAYING THE RESTORATION FEF You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: Opt-Out: Not Defined To: 917176519200 Fran: (6180996) 01/31/08 11:21 R1 Page 3 of 7 080186664518940 1. Return the enclosed Application for Restoration. The amount due is lasted on the application. 2• Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the beck of the application. PROVIDING PROOF OF INStRAM" Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. IMPORTANTt Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JANUARY 25, 2008, of this letter. If you file an appeal in the County Court, the time-etemped certified copy will 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 tot 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. Sincerely, w"V Janet L. Dolan, Director Bureau of Driver Licensing Opt-Out: Not Defined To: 917176519200 From: (6180996) 01/31/08 11:21 HM Page 4 of 7 080186664518940 SEND FEE/LICENSE/DL-16LC/TOt Department of Transportation Bureau of Driver Licensing P.O. Box 69693 Harrisburg, PA 17106-9693 INFORMATION (8100 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 Opt-Out: Not DeFined ? Od CA 0 (31 {?) PJ DEB Eb 2008 BEMUUR & CURCILLO Joseph A. Curcillo,111, Esquire 3964 Lexington Street Harrisburg, PA 17109 717/651-9100 Attorney IN 44060 TYLER JAY TRANSUE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Civi( Term COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER OF COURT AND NOW, this day of Y 008 upon Petition of Tyler Jay Transue, a hearing is set on the License Suspension Appeal for t e j day of 2008, at 7) o'clock 4-.m. in Courtroom Number , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, all proceedings to stay meanwhile. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least sixty (60) days prior to the date of said hearing. Pursuant to Section 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. BY THE COURT: J. Distribution: Psothonotary's Office ,,George Kabusk, Esq., Office of Chief Counsel, PennDOT, 1101 S. Front St., Harrisburg, PA 17104-2516 Joseph A. Curcillo, III, Esq., 3964 Lexington St., Harrisburg, PA 17109 ??aR?a? a l f vtjno ? 0 : I ! rf 62 83A 0001 TYLER JAY TRANSUE IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-1137 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING: Appellee : LICENSE SUSPENSION APPEAL ORDER AND NOW, this /8" day of July, 2008, the Court being satisfied that we are without authority to grant the relief requested, the within appeal from license suspension is DENIED. BY THE COURT, Joseph A. Curcillo, III, Esquire For the Appellant Philip Bricknell, Esquire For PennDOT :rlm Cof t ES .?7 t U ?/10/o0