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HomeMy WebLinkAbout08-3185BRIAN D. JONES, ) Petitioner ) V. ) COMMONWEALTH OF PENNSYLVANIA ) DEPARTMENT OF TRANSPORTATION, ) Respondent ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TERM, 2008 NO. &F- 31 F3 0?- 7:i-,-- PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGES Petitioner Brian D. Jones, by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Cons. Stat. Ann. § 1550 for review of an order of the Department of Transportation suspending Petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner is an adult individual residing at 32 Regency Woods North, Carlisle, Pennsylvania 17015. 2. Petitioner currently possesses a valid driver's license issued to him on December 27, 2007, which was administratively suspended, after Petitioner's check for the license fee was returned to the Department of Transportation. 3. Petitioner did not receive notice of the aforesaid suspension. 4. On February 7, 2008, Petitioner was cited for driving while his operating privilege was suspended. 5. At the time Petitioner was cited for driving while his operating privilege was suspended, Petitioner had not received notice of the suspension of his operating privilege and, therefore, had no knowledge that his operating privilege had been suspended. 6. Upon learning that his operating privilege had been suspended for failure to pay the required fee, Petitioner immediately went to the Department of Transportation, paid the fee, updated his address information with the Department, and the Department restored Petitioner's Commercial Driver's License. 7. Other than the aforesaid suspension for failure to pay the required renewal fee, Petitioner's operating privilege has not heretofore been suspended, cancelled, or revoked. 8. By letter dated April 23, 2008, Petitioner was notified in writing by the Department of Transportation of the entry of an order suspending his driving privilege for one year for conviction on April 15, 2008 of violating Section 1543A of the Vehicle Code, driving while operating privilege was suspended or revoked. A copy of the notice is attached as Exhibit "A." 9. The suspension is improper and unlawful because at the time Petitioner was cited for driving while his operating privilege was suspended, he had not received actual notice of the administrative suspension of his operating privilege and, therefore, had no knowledge of the suspension action taken by the Department of Transportation. Consequently, Petitioner lacked the mens rea to support a charge of driving while his operating privilege was suspended. WHEREFORE, Petitioner respectfully requests this honorable Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. § 1550 and that the order of the Department of Transportation be set aside. p?(7? Date: Oqtv 4vY e9w Douglas C. Lovelace, Jr., Esquire Attorney for Petitioner Attorney Identification No. 83889 36 Donegal Drive Carlisle, Pennsylvania 17013 2 EXHIBIT A COMMONWEALTH DEPARTMENT OF Bureau of Dr Mail Date: I BRIAN D JONES 32 REGENCY WOODS N OF PENNSYLVANIA TRANSPORTATION iver Licensing APRIL 23, 2008 CARLISLE PA 17015 Dear MR. JONES: WID # 081079283979745 001 PROCESSING DATE 04/16/2008 DRIVER LICENSE # 26535013 DATE OF BIRTH 11/21/1982 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 04/15/2008 conviction of violating Section 1543A' of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 02/07/2008: ¦ Your driving privilege is SUSPENDED for a period of .1 YEAR(S) effective 05/28/2008 at 12:01 a.m. Before PennDOT can restore your driving priv-ilege, 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 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 05/28/2008. You may surrender these items before, 05/28/2008, 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 serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. EXHIBIT A 081079283979745 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: Pennsylvania 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 not 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.- 081079283979745 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 fromyour 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, APRIL 23, 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 yotr 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 05/28/2008. Sincere-ly, SEND F'EE/LICENSE/D -16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 9?-U ?-- Z g OV) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION (8:00 IN STATE OUT-OF-STATE TOD IN STATE TOD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 BRIAN D. JONES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner V. CIVIL TERM, 2008 NO. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent VERIFICATION Brian D. Jones, Petitioner, hereby states that the statements of fact made in the foregoing Petition for Review of Order of Department of Transportation Suspending Operating Privileges are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 5 i " 6r '4? A. A Brian D. Jones n c' O C?zl } z NAY $ 3 2008 BRIAN D. JONES, Petitioner ) V. ) COMMONWEALTH OF PENNSYLVANIA ) DEPARTMENT OF TRANSPORTATION, ) Respondent ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TERM, 2008 NO. ORDER FOR HEARING AND NOW, j_Zjr2w, upon consideration of the petition of Brian D. Jones for review of an order of the Department of Transportation suspending Petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. Hearing on the above-captioned matter is set for dog , at in Courtroom located in the Court of Common Pleas, 1 Courthouse Square, Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. Notification required: `X Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 PS' ola7 t'l£c l.? I 's/3o/ae c Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 cl?J cW) i . s U- L.L 0 i N ? BRIAN D. JONES, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TERM, 2008 NO. 08-3185 Civil APPLICATION FOR CONTINUANCE Petitioner, Brian D. Jones, by his undersigned counsel, respectfully requests this honorable Court continue the hearing scheduled in the above-captioned matter from July 31, 2008, until a date after August 15, 2008 and in support represents as follows: 1. Petitioner commenced this action on May 20, 2008, seeking review of the Pennsylvania Department of Transportation's suspension of Petitioner's motor vehicle operator's privileges. 2. The Court scheduled the matter for hearing on July 31, 2008 at 1:30 P.M. 3. Plaintiff's counsel has schedule conflicts that prevent him for participating in a hearing in the matter from July 29 to August 14, 2008. 4. This case has not been previously continued. 5. The Department of Transportation's Office of Chief Counsel was telephonically notified of this application on June 2, 2008 and does not object to the continuance requested. &iv K ?Y Date: June 2, 2008 Douglas C. Lovelace, Jr., Esquire Attorney for Defendant Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 z"S."s {? ?? ? ? ,,,, . -.?4JY i• G'i1 r 1 ,, ??„ .:,° '; ,. -? ,`t ; i?? ,I ? - NN 0 3 Zo0? r BRIAN D. JONES, Petitioner V. ) COMMONWEALTH OF PENNSYLVANIA ) DEPARTMENT OF TRANSPORTATION, ) Respondent ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TERM, 2008 NO. 08-3185 CIVIL ORDER FOR HEARING AND NOW, T,, n (, 2 a o 1S , upon consideration of the petition of Brian D. Jones for review of an order of the Department of Transportation suspending Petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. Hearing on the above-captioned matter is continued from July 31, 2008 until at in Courtroom , located in the Court of Common Pleas, 1 Courthouse Square, Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. ZPennsylvania otification required: Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 (i jkr `/<<lv? VlNVn-IASNfUJd o C 0 S8 WV I I N0r OOOZ 30U'? NTH BRIAN D. JONES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner V. CIVIL TERM, 2008 NO. 08-3185 CIVIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR LEAVE OF COURT TO APPEAL SUMMARY CONVICTION (NUNC PRO TUNA AND FOR CONTINUANCE OF DRIVING PRIVILEGE SUSPENSION APPEAL HEARING TO THE HONORABLE JUDGE WESLEY OLER, JR.: Petitioner, Brian D. Jones by his attorney, Douglas C. Lovelace, Jr., Esquire, respectfully represents that: 1. Petitioner is an adult individual residing at 32 Regency Woods North, Carlisle, Pennsylvania 17015. 2. Petitioner currently possesses a valid driver's license issued to him on December 27, 2007, which was administratively suspended, after Petitioner's check for the license fee was returned to the Department of Transportation. 3. Petitioner did not receive notice of the aforementioned suspension. 4. On February 7, 2008, Petitioner was cited for driving while his operating privilege was suspended. 5. At the time Petitioner was cited for driving while his operating privilege was suspended, Petitioner had not received notice of the suspension of his operating privilege and, therefore, had no knowledge that his operating privilege had been suspended. 6. Upon learning that his operating privilege had been suspended for failure to pay the required fee, Petitioner immediately went to the Department of Transportation, paid the fee, and the Department restored Petitioner's Commercial Driver's License. 7. Other than the aforesaid suspension for failure to pay the required renewal fee, Petitioner's operating privilege has not heretofore been suspended, cancelled, or revoked. 8. Without benefit of counsel, Petitioner entered a guilty plea and was convicted, on April 15, 2008, of violating Section 1543A of the Vehicle Code (75 Pa. C. S. § 1543A), "Driving while operating privilege is suspended or revoked." 9. Petitioner entered the aforementioned guilty plea without benefit of the knowledge that actual notification of the aforementioned suspension is an essential element of the offense. 10. By letter dated April 23, 2008, Petitioner was notified in writing by the Department of Transportation of the entry of an order suspending his driving privilege for one year for conviction on April 15, 2008 of violating Section 1543A of the Vehicle Code. 11. Petitioner believes the aforementioned conviction was improper and unlawful because at the time Petitioner was cited for driving while his operating privilege was suspended, he had not received actual notice of the administrative suspension of his operating privilege and, therefore, had no knowledge of the suspension action taken by the Department of Transportation. Consequently, Petitioner lacked the mens rea to support a conviction of driving while his operating privilege was suspended. 12. Petitioner commenced this action on May 20, 2008, seeking review of the Pennsylvania Department of Transportation's suspension of Petitioner's motor vehicle operator's privileges. 2 13. The Court scheduled the matter for hearing on July 31, 2008 at 1:30 P.M. 14. The Court continued the hearing for August 25, 2008. 15. Upon further review of the facts of the matter and applicable law, Petitioner concludes that it would be premature to conduct the de novo suspension appeal hearing before resolving the request for nunc pro tunc appeal of the conviction upon which the Department of Transportation based its suspension order. 16. The The Department of Transportation, as represented by Mr. Philip Bricknell, Esquire, concurs with this request for leave of Court to appeal, nunc pro tunc, the underlying summary conviction for violation of Section 1543A of the Vehicle Code and also concurs with Petitioners request to continue the de novo driving privilege suspension appeal hearing. WHEREFORE, petitioner respectfully requests that this honorable Court grant him leave to appeal, nunc pro tunc, the conviction for violating Section 1543A of the Vehicle Code that underlies the Department of Transportation's order suspending Petitioner's driving privilege for one year and that the court grant Petitioner a continuance of the de novo driving privilege suspension appeal hearing, until such time as the Court determines whether Petitioner will be granted leave to appeal, nunc pro tunc, the underlying conviction. Respectfully submitted, Date: August 21, 2008 D glas , LovelacftJruire Attorney for Petitioner Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 BRIAN D. JONES, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TERM, 2008 NO. 08-3185 CIVIL VERIFICATION Brian D. Jones, Petitioner, hereby states that the statements of fact made in the foregoing Petition for Leave of Court to Appeal Summary Conviction (Nunc Pro Tunc) and for Continuance of Driving Privilege Suspension Hearing, are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: August 20, 2008 zxto;l 1'&#" ow Brian D. Jones t-.s ? s;3 -n ? ?? ? -c'; .yam, `' ?;?.. c",?e , .,, ? ? .? y.-- ? N _, "?.. ..-- . - . ?', ? ° ??? ' ' t` t:?? ? . ? ,=? N ?? ?: BRIAN D. JONES, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3185 CIVIL TERM IN RE: PETITION FOR LEAVE OF COURT TO APPEAL SUMMARY CONVICTION (NUNC PRO TUNC) AND FOR CONTINUANCE OF DRIVING PRIVILEGE SUSPENSION APPEAL HEARING ORDER OF COURT AND NOW, this 25 h day of August, 2008, upon consideration of Petitioner's Petition for Leave of Court To Appeal Summary Conviction (Nunc pro Tunc) and for Continuance of Driving Privilege Suspension Appeal Hearing, and it appearing that Petitioner is attempting to appeal a summary criminal conviction in the context of a license suspension appeal, the petition is denied, without prejudice to Petitioner's right to seek leave to appeal the criminal conviction nunc pro tunc in a proper forum. THE HEARING scheduled on Petitioner's license suspension appeal is scheduled for Friday, October 17, 2008, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6? .c N o? BY THE COURT, J± esley Ol J. ?/JJ Jr., Y S£ --Z d SZ OR 96,6Z -'Hi Z',J Douglas C. Lovelace, Jr., Esq. 36 Donegal Drive Carlisle, PA 17013 Attorney for Petitioner Philip Bricknell, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent BRIAN D. JONES, ) Petitioner ) V. ) COMMONWEALTH OF PENNSYLVANIA ) DEPARTMENT OF TRANSPORTATION, ) Respondent ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TERM, 2008 NO. 08-3185 PETITION FOR WITHDRAWAL OF REQUEST FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGES Petitioner Brian D. Jones, by the undersigned counsel, respectfully petitions the Court to withdraw his Petition for Review of Order of Department of Transportation Suspending Operating Privileges filed on May 20, 2008, and in support thereof represents as follows: 1. The Department of Transportation, Commonwealth of Pennsylvania, ordered suspension of Petitioner's driving privileges, by letter dated April 23, 2008. A copy of the notice of suspension is attached hereto and marked as Exhibit A. 2. By Order of Court dated August 25, 2008, a hearing on Petitioner's license suspension appeal is scheduled for Friday, October 17, 2008 in Courtroom No. 1, before Judge Oler, who previously considered this matter. 3. Petitioner no longer wishes to contest suspension of his driving privilege and will comply with an Order of the Court affirming the Department of Transportation's suspension of Petitioner's driving privileges. 4. The Department of Transportation, through its counsel, Mr. Phillip Bricknell, (717) 787-2830, concurs with this request. Mr. Bricknell will present a proposed Order, with which Petitioner agrees, to the Court on or before October 17, 2008. WHEREFORE, Petitioner respectfully requests this honorable Court cancel Petitioner's driver's license suspension hearing scheduled for October 17, 2008. Date: 60r4 9i AO(5-30 Respectfully submitted, Douglas C. Lovelace, Jr., Esquire Attorney for Petitioner Attorney Identification No. 83889 36 Donegal Drive Carlisle, Pennsylvania 17013 2 EXHIBIT A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 23, 2008 ,r BRIAN D JONES WID # 081079283979745 001 32 REGENCY WOODS N PROCESSING DATE 04/16/2008 DRIVER LICENSE # 26535013 CARLISLE PA 17015 DATE OF BIRTH 11/21/1982 Dear MR. JONES: 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 04/15/2008 conviction of violating Section 1543A' of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 02/07/2008: Your drivingprivilege is SUSPENDED for a period of . l YEAR(S) effective 05/28/2008 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 suspension/revocation, 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 0512812008. You may surrender these items before, 05/28/2008, 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 serving any suspension until we receive your license(e). Complete the following steps to acknowledge this suspension. EXHIBIT A r 081079283979745 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: Pennsylvania 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 not receive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving his 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. d A 081079283979745 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 PennDO.T 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, APRIL 23, 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 05/28/2008. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: INFORMATION (8:0!0 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 TOO OUT-OF-STATE 717-412-5380 BRIAN D. JONES, ) Petitioner ) V. ) COMMONWEALTH OF PENNSYLVANIA ) DEPARTMENT OF TRANSPORTATION, ) Respondent ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TERM, 2008 NO. 08-3185 VERIFICATION Brian D. Jones, Petitioner, hereby states that the statements of fact made in the foregoing Petition for Withdrawal of Petition for Review of Order of Department of Transportation Suspending Operating Privileges are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date:. g• d 6, J'?^ /Lot -4 Brian Jones (4i? _r CIS °a", OCT 10 2008 BRIAN D. JONES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, CIVIL TERM, 2008 NO. 08-3185 Respondent IN RE: PETITION FOR WITHDRAWAL OF REQUEST FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGES ORDER OF COURT AND NOW, this I day of , 2008, upon consideration of Petitioner's Petition for Withdrawal of Request for Review of Order of the Department of Transportation Suspending Operating Privileges, it appearing that Petitioner no longer wishes to contest suspension of his driving privileges and agrees to comply with an Order of the Court to be proposed by counsel for the Department affirming the Department's suspension of Petitioner's driving privileges, it appearing that the Department agrees with Petitioner's request, and it appearing that no matters remain in dispute, Petitioner's request to withdraw his license suspension appeal is hereby granted and Petitioner's driver's license suspension appeal hearing scheduled for October 17, 2008 is cancelled. BY TH COURT J U'Mesfey Ol r, r., J. ` i ?O err . V,uj P: N BRIAN D. JONES IN THE COURT OF COMMON Apellant PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 08-3185 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee ORDER AND NOW, this 17TH day of October, 2008, the appeal filed in the above referenced matter is: REMANDED to the Department of Transportation for corrective action. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN. CONTINUED AND RESCHEDULED FOR THE DAY OF , 2008, AT _.m., IN COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. BY THE COURT: Attest: Douglas C. Lovelace, Jr., Esq., Attorney and Counselor at Law, 36 Donegal Drive, Carlisle, PA 17013 Philip M. Ericknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104- 2516 N ? ° .2-'3 °?' ,... ....- ?a - ?.:. ? ? ?° r;? dr ?