The URL can be used to link to this page

Home My WebLink About08-3596 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CORNELIUS J. RUSNOV VS. No. O8 - ?Sqb COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPEAL FROM THE SUSPENSION OF OPERATING PRIVILEGES TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW comes Petitioner, Cornelius J. Rusnov, by and through his attorney, Derek J. Cordier, Esquire and respectfully avers as follows: Petitioner, Cornelius J. Rusnov resides at 1110 Apple Drive, Apartment # 1, Mechanicsburg, PA 17055. Petitioner's Pennsylvania Operator's Number is 16559402. PennDOT proposes by Notice dated June 10, 2008 to suspend Petitioner's driving privileges for a period of one (1) year, pursuant to Section 1547 of the Vehicle Code, effective July 15, 2008 2 Petitioner sold his truck through his brother in 2005. 3 A parking ticket was issued to the truck during the transition of the sale. 4 Petitioner's wife received notification of the ticket and told Petitioner she took care of it. 5 Petitioner did not receive notification of the citation/summons or any notice of suspension. 6 Petitioner's license was suspended on May 14, 2007 for failure to respond to citation/summons. 7 On May 10, 2008 Petitioner was stopped by police for a turn signal issue in Shiremanstown at which time the officer informed the Petitioner his license was suspended. 8 Petitioner then researched the suspension and paid all his fines. 9 Penn.D.O.T. reinstated Petitioner's license effective May 16, 2008 from the violation in paragraph 3 of this Petition. 10 Petitioner received Notice of suspension on or about June 6, 2008, for the suspension of his driving privilege on July 15, 2008 for citation in paragraph 5 of this petition. 11 The withdrawal and suspension of Petitioner's operating privileges is unlawful, in that Petitioner's record with PennDOT does not warrant suspension and Petitioner did not receive proper notice of the first suspension and did not knowingly voluntarily or intelligently refuse to comply with the citation/summons dated May 10, 2008. WHEREFORE, Petitioner respectfully requests that this Honorable Court allow him to take an appeal from the suspension of his operating privileges. Respectfully submitted, Derek ord' r, Esq. #83284 319 S uth ront Street Harris g, PA 17104-1621 Dated: `A L61 (717) 919-4002 I verify that the statements made in the foregoing instrument are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Cornelius J. Rusnov' Date / /57 Attorney for Derek Cor, ier, sq. #83284 319 South ro t Street Harrisburg, A 17104-1621 (717) 919-4002 60 ? r M? Q C 9n %nm _r IT, ?j'n I c3:> COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 10, 2008 CORNELIUS JOSEPH RUSNOV WID # 081559283854984 001 1110 APPLE DR APT 1 PROCESSING DATE 06/03/2008 DRIVER LICENSE # 16559402 MECHANICSBURG PA 17055 DATE OF BIRTH 12/17/1954 Dear MR. RUSNOV: 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 06/02/2008 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 05/10/2008: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 07/15/2008 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 07/15/2008. You may surrender these items before, 07/15/2008, 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. 081559283854984 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 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, JUNE 10, 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 07/15/2008. Sincerely, 9?ju ?-- zf?") 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 TOD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TOO OUT-OF-STATE 717-412-5380 081559283854984 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. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing 1:15 PM CORNELIUS JOSEPH RUSNOV WID # 081376020771243 002 1110 APPLE DR APT 1 PROCESSING DATE 05/16/08 DRIVER # MECHANICSBURG PA 17055 D ATE OFLICENSEBIRTH 12/17/5416559402 Dear MR. RUSNOV : Your driving privilege is restored effective 05/16/08. Please drive carefully. PENNDOT remains dedicated to safety on Pennsylvania highways because, as our customer, you are important to us. Sincerely, 4 ?--Xa ? Z g 6) Janet L. Dolan, Director Bureau of Driver Licensing JUN Z 92008 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CORNELIUS J. RUSNOV VS. No. 08 -,?Z-q4 C. t u i l,?E/l. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING ORDER AND NOW, this ZZ?? day of , 2008, upon presentation of the within Petition, and upon motion of Derek J. Cordier, attorney for Petitioner, the Court orders and decrees that the Petitioner is allowed an appeal from the Order of the Secretary of Transportation, suspending his/her operating privileges for a period of one year,ee unwoeieg 110 t? C. e- ;,l C1? appeal acts as a s pe edeas n n this appeal;- "&AW 4 a sv pti Ihe c?s : s ?•, v? d?? s a ,, . A hearing is scheduled for 2008, at 3D o'clock .m., in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: A L1 t 4'' ?' O `'' C\i CORNELIUS J. RUSNOV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING 08-3596 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 31st day of July, 2008, the Appellant, Cornelius J. Rusnov, now appearing in court on an Appeal from the Suspension of Operating Privileges with his privately-retained counsel, Derek Cordier J. Cordier, Esquire, and having moved through counsel to withdraw the appeal, the appeal is deemed withdrawn. By the Court, ? Philip Bricknell, Esquire Office of Chief Counsel 1101 South Front Street Third Floor Harrisburg, PA 17104-2516 F,or Pennsylvania Department of Transportation ?/Derek J. Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 For Cornelius J. Rusnov mae C.:6 .gs rr15 l?cl.? g f l??S -T1