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Home My WebLink About08-3169DEPART'VIENT OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF PA, CUMBERLAND COONTY. PA Appellee r DAVID JOHN BARCUS, :NO. Ora - 3jjc? elo,L Apppellant PETITION FOR APPEAL OF LICENSE SUSPENSION za_ND NOW, comes David Barcus, Appellant, by and through his attorne.,,. Gregory Barton Abeln, Esquire, who files the following petition: David Barcus is an adult individual currently residing at 205 Vinmar Drive.. York, PA 17402. ?. On April 29, 2008, the Pennsylvania Department of] ransportation sent to Appellant a notice of license suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Appellant has a valid Pennsylvania operator's license in his posse-ssion. 4 The Appellant's license is to be suspended as a result of an allelgcd violation of Driving While Suspended, 75 P.S. §1543., - `?. The Appellant was unaware that a violation of section 1543 of the y'ehicle Code resulted in a one year driving suspension and so Appellant withdrew his plea and is now scheduled for a hearing on July 21, 2008. 6. The guilty plea that was entered on April 21. 2008 has been withdrawn, which %v.ls the reason for the instant notice of suspension by the Department. Appelllant believes that he will succeed in this appeal because he had a valid license at the time of the chariie. WHEREFORE, Appellant requests this Honorable Court to set a time fora hearing on the priority of Appellant's license suspension and immediately staff thy: imposition of his license suspension pending the result of said hearing. Respectfully Submitted., a Gregory Barton Abeln, Esq. 37 E. Pomfret Streex. Carlisle, PA 17013 Atty. l . D. 435960 717/245-2851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 29, 2008 DAVID JOHN BARCUS WID # 081139283074372 001 314 HIGH ST PROCESSING DATE 04/22/2008 DRIVER LICENSE i 27440443 ATGLEN PA 19310 DATE OF BIRTH 05/31/1985 Dear MR. BARCUS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 04/21/2008 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 02/18/20013: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 06.f03i2008 at 12:01 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 suspensionirevocation, we cannot restore your driving privilege until all the requirements are 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 06/03/2008. You may surrender these items before, 06/03/2008, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. 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 until we receive your license(s). steps to acknowledge this suspension, serving any suspension Complete the following 081139283074372 1. 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 notarized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes„ Please send these items to: Fennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), :learner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do riot receive a receipt from us within 3 weeks, Please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE 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: 1. Return the enclosed Application for Restoration. The amount due is listed 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 back of the application. 081139283074372 PROVIDING PROOF OF INSURANCE 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. IMPORTANT: 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 -o_ le-tter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, APRIL 29, 2008, 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 06/03/2008. Sincerely, 9;?k ?-- - Z g &,%/) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 DEPARTMENT OF TRANSPORTATION : IN THE COURT OF COMMON PIA "AS COMMO\iWEALTH OF PA, CUMBERLAND COUNTY, PA Appellee DAVID JOHN BARCUS, : NO. Apppellant CERTIFICATE OF SERVICE I hereby certify that on this day, a true and enact copy of the foregoing, P,.?tition for Appeal from License Suspension was sent to the following address by United States Mail: Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully Submitted.. ABELN LAW OFI'ICI?,S Date Shelly Sydnor Legal Assistant 37 E. Pomfret Street Carlisle. PA 17011." 717/2, MY 11 ZW8 DEPARTMENT OF TRANSPORTATION : IN THE COU COMMONWEALTH OF PA, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Appellee ; V. DAVID JOHN BARCUS, : NO Apppellant ORDER OF COURT AND NOW, this Z day of-?if ., , 2008, upon consideration of the within Petition For Appeal From License Suspension, a hearing is set for the 3fd44-_ day of , 2008, at 3d o'clock -q .m, In Courtroom No. Z of Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of the appeal hearing, b 'if my? ( 1 O ? r- c x?' C,'?> I ?`?171 SJC? S? CjSede>S lS LAJ.%-7 j1>4 ?By the Court, 51 l? l Cc:gorge Kabusk, Esquire 1? For the Commonwealth ?aregory Barton Abeln, Esquire '/ For the Appellant r.i fi no I S •Z Wd LZ AfW 80 OZ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee V. DAVID JOHN BARCUS, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3169 CIVIL TERM IN RE: PETITION FOR APPEAL OF LICENSE SUSPENSION ORDER OF COURT AND NOW, this 25th day of July, 2008, upon agreement of counsel, and of the resolution of the underlying citation at Magisterial District Judge Charles Clement, Jr.'s Office, the hearing scheduled for July 31, 2008, is cancelled, and the Petition is deemed moot. BY THE COURT, f. tf 0 J. Wesley 01 6, Jr., J. Xillip Bricknell, Esq. Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot A-regory B. Abeln, Esq. 37 East Pomfret Street Carlisle, PA 17013 Attorney for Appellant :rc 07, -Z Hd SZ lAr BOOZ