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Home My WebLink About08-4115DANIEL S. LORENZ, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA vs. : No. e-c^ COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW COMES, Petitioner, DANIEL S. LORENZ, (hereinafter "Petitioner"), by and through his attorneys, Saidis, Flower & Lindsay, and respectfully petitions the Court pursuant to 75 Pa.C.S.A. § 1550 for review of an Order of the Department of Transportation suspending his operating privilege, and in support thereof represents as follows: 1) Petitioner is an adult individual residing at 2211 Circle Road, Carlisle, Pennsylvania. 2) Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. 3) Petitioner currently possesses a valid driver's license issued to him and recently renewed on March 22, 2008, which has not heretofore been suspended, cancelled or revoked. 4) The Director of the Bureau of Driver Licensing notified Petitioner of a suspension of his driving privilege effective July 21, 2008, by Notice dated June 16, 2008 a copy of which is attached hereto as "Exhibit A." 5) The Notice specified that the suspension of the driver's license is based upon a violation of 75 Pa.C.S.A. § 3345 (a). 6) Petitioner has a valid defense to the Section 3345 (a) charge referenced in paragraph 5 of this Petition. 7) On June 24, 2008, Petitioner filed a timely Summary Conviction Appeal in Cumberland County from the Section 3345 (a) conviction. 8) Petitioner believes that the recall and suspension by Respondent is not warranted and is premature since the June 6, 2008, conviction referenced in "Exhibit A" is vacated, with a trial de novo to be scheduled before the Court of Common Pleas of Cumberland County, as a result of the Summary Conviction Appeal being filed. Therefore, the recall and suspension by Respondent is not based upon competent evidence or the facts as they exist in this case and is, therefore, illegal and contrary to the law. 9) Petitioner avers that he is not taking this appeal for the purpose of delay and that he sincerely and legitimately believes that he has a valid defense in this action. WHEREFORE, the Petitioner respectfully requests this Honorable Court to grant this appeal and that this appeal act as a supersedeas to the suspension of Petitioner's license pending disposition of this appeal. )-T - 0? Date Respectfully submitted, SAIDIS, FLOWER & LINDSAY By: Attorney I.D. 89,440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 JUN-16-2006 12:14PM FROM-NELLS SPRING RD +7172496397 T-314 P 002/004 F-327 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 16, 2008 DANIEL SCOTT LORENZ WID # 081619283009U22 001 2211 CIRCLE ROAD PROCESSING DATE 06/09/2008 CARLISLE PA 17013 DRIVER LICENSE # 2817714U DATE OF BIRTH 01/DA/1962 -- Dear MR. LORENZ: This is an Official NotiCe of the Suspension of Your Driving Privilege as authorized by Section 1535 of the Pennsylvania Vehicle Code. As a result of your 06/06/2008 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 05/05/2008; R Your driving privilege is SUSPENDED for a period of 60 days effective 07ZZ1/2008 at 12:01 a.m. PennDOT is required by law to assign 5 points to your driving record. .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 uhtii 011 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 07/21/2008. You may surrender these items before, 07/21/2008, 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 obtairy your photo identifivat;on card. JUN-16-2008 12:15PM FROM-NELLS SPRING RD +7172496397 T-314 P 003/004 F-327 081619283009022 You will not receive credit toward serving any o until we receive your license(s). Complete thesfollowing steps to acknowledge this suspension. 1- Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. You do not have any of these items, send if notarized letter statin a sworn g you are aware of the suspension - - of your driving privilege. You must specify in your 1-e t t-e-r---w-h-Y - y-a-u-a r e- u n a b l e-- -to --- r -e t u-r n -yo Ur -- - 071-4 -e i 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 driver's license(s), learner's permit( )ouand/orsalsworn 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 o not products,dWe must refernthisl current driver license State Police for matter to the Pennsylvania prosecution under SECTION 1571(x)(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 Pay Your restoration fee, complete utherfollowingvsteps: To 1. Return the enclosed Application for Restoration, amount due is listed an the a The z- write your driver's pplicatian. 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. JUN-16-2008 12:15PM FROM-NELLS SPRING RD 081619283009022 +7172496397 T-314 P 004/004 F-32T 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 xnsurance 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 PennDUT move from your current address. You may Your address change by calling any of 1 i s t-e d--a-t t-ht - en-d- -o-f t h-is letter.---- -- is notified if you notify PennDOT of the phone numbers 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 16, 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, t0: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfronf 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 0712112008. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6.00 P.m_ IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 1-800,228-0676 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.statP.pa.us VERIFICATION I, Daniel S. Lorenz hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: This day of _:3y6/, 2008 Daniel . Lorenz I F P Cam. ? 72 1 r^ 7 r?? ?; t. ss cn C. L%, a` wrl'421? 1 DANIEL S. LORENZ, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA vs. : No. o?R__ y r s C ?;, I 4u^ COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, Respondent SCHEDULING AND SUP tERSEDEAS ORDER AND NOW, this day of Z y1, , 2008, upon consideration of a Petition for Appeal of License Suspension filed by Daniel S. Lorenz (hereinafter "Petitioner"), IT IS HEREBY ORDERED that a hearing on this matter shall be held on d)')d ,1,5--,2008, at /-O=0d o'clock _A.M. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED THAT the action of the Department of Transportation in suspending the Petitioner's driving privileges is hereby stayed pending a final decision of the court to the extent provided under §§ 1550 (b) and 1377 of the Motor Vehicle Code. Petitioner is directed to serve a copy of this appeal on the Pennsylvania Department of Transportation. Cc: Prothonotary Court Administration /bean E. Reynosa (Counsel for Petitioner), 2109 Market St., Camp Hill, PA 17011 ,/Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 (2 - opt ES m4at 7????oe By the Court, VINVA'V NN3d L 1 .g WV 91 Inr 80112 MVjQNU,U08d 31U 3O goa-10-031H DANIEL S. LORENZ, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA vs. : No. 08-4115 Civil Term COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, Respondent AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND DEAN E. REYNOSA, ESQUIRE, being duly sworn according to law deposes and says that: 1. I am an attorney-at-lay, duly licensed to practice my profession in the Commonwealth of Pennsylvania and County of Cumberland. 2. I have an office for such practice with the law firm of Saidis, Flower & Lindsay, situate at 2109 Market Street, Camp Hill, Cumberland County, Pennsylvania 3. On the 14'' day of July, 2008, I served a true and correct copy of the Petition for Appeal of Suspension upon the following at the stated address by the method of certified mail, return receipt requested: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 4. Attached hereto and made a part hereof is the executed mailin eipt card acknowledging service. DEAN E. RE OSA, ESQUIRE Sworn and subscribed to before me this Nay of July, 2008. `7?' CL BLIC JARV?AUU- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Yvonne Sersch, Notary Pubile Camp Hill Boro, Cumberland County My Commission Expires Feb. 1, 2012 Member, Pennsylvania Association of Notaries ti ¦ Compleie Mm 1, 2, and 3. Alan ax ipiele Own 4 it Reft DONW ry is dssirad. ¦ Prue your rterne and addr on the romm so that we can trlb" On oard to you. ¦ Mooch this card to the buck of the maifpiece, or on ft kortt ff opmo pwm ts. 1. ArWe Addressed to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 x Aqw* ? Addn.as. 8. Rec*,ed by (PANMatf M r*j . I C. DOs of DWvwy 0.18 dsNvery address dWwwtt loom bowl? ? `dee If YES, enter delivery address below: ? No 3. Service Type W Certified Mail ? Express Mail ? Registered = PAW Receipt for Merchandise ? kw omd ma ? C.o.D. 4. RMebMd DWkwy? ffam V ? Yes 2. AraofeNun*w 7004 0550 0000 8951 3878 Eltartder Atarr eert4celrbaip - PS Form 3811, Febrttary 2004 Domestic RetwnlaisoNpt ttaeea-0¢?t t CERTIFICATE OF SERVICE AND NOW, July a, 2008, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing AFFIDAVIT OF SERVICE and attachment upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 e? ,`; ? [.., 1i "?w ' e? 1 f??, ? t ... y^ ' {u- ? "..?:. :--j. DANIEL S. LORENZ, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA vs. : No. 08-4115 Civil Term COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, Respondent MOTION TO CONTINUE AND NOW COMES, the Petitioner, DANIEL S. LORENZ, by and through his attorney, Dean E. Reynosa, Esquire, law firm of Saidis, Flower & Lindsay, and hereby represent as follows: 1) The Honorable J. Wesley Oler, Jr., entered Order scheduling Petitioner for a License Suspension Appeal hearing on Monday, August 25, 2008 at 10 a.m. Undersigned Counsel is not available for this August 25, 2008 License Suspension appeal. 2) Undersigned counsel has spoken with counsel for the Department of Transportation, Philip Bricknell, who does not oppose this first request for a continuance of the License Suspension appeal hearing currently scheduled for August 25, 2008. 3) Based on the foregoing, Petitioner requests that this Honorable Court continue this scheduled License Suspension Appeal hearing to the next available date for such matters. WHEREFORE, the Petitioner requests this Honorable Court to continue this matter to the next available date for License Suspension Appeals. Respectfully submitted, _ 015? Date Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 SAIDIS, F R & LINDSAY By: "-- a O CERTIFICATE OF SERVICE AND NOW, July (2 1, 2008, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance and Order upon the following by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Mr. Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 1 De eynosa, LEsquire 3 ?. , r f "- .:: r ,e? ;.?_. -? 47 ? y ? r p.?: •. i i :.. JUL 31200 DANIEL S. LORENZ, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA vs. : No. 08-4115 Civil Term COMMONWEALTH OF PENSYLVANIA : License Suspension Appeal DEPARTMENT OF TRANSPORTATION, Respondent ORDER A u0-"d AND NOW, this 1S ?? of Ja3+;, 2008, upon consideration of Petitioner's motion for a continuance, the hearing currently scheduled for August 25, 2008 at 10:00 a.m. is hereby cancelled. Petitioner is directed to appear for a continued License Suspension Appeal to be held on ez, t , / 7 , 2008 at :.30 a.m in courtroom no. I_ of the Cumberland County Courthouse. cc: Court Administrator ,-?ean E. Reynosa (counsel for Petitioner) 2109 Market St., Camp Hill, PA 17011 /-ennsylvania Department of Transportation ce of Chief Counsel Third Floor, Riverfront Office Center ` Harrisburg, PA 17104-2516 By the Court, AT DANIEL S. LORENZ Apellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY ORDER NO. 08-4115 CIVIL TERM AND NOW, this 17TH day of October, 2008, the appeal filed in the above referenced matter is: X 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. Attest: Dean E. Reynosa, Esq., Saidis, Flower & Lindsay, 2109 Market Street, Camp Hill, PA 17011 z, y ?l o /7-0 P ?L Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104- 2516 Xye-y j4tu ya"? ie - D P BY THE COURT: ,? ?? °-' ? ?? ? ti ..? '`' ?? ? ?? '?? .? '""1