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HomeMy WebLinkAbout04-1515COMMONWEALTH OF PENNSYLVANIA,: IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE v. NO. O ~/-/3'/~'" CIVIL KEVIN JAMES SHRAWDER, APPELLANT NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this ~> ~'~-~day of April, 2004, the Defendant, Kevin James Shrawder, by and through his attorney, Michael T. Traxler, of Abom& Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Kevin James Shrawder, is an adult individual who currently resides at 39 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency ~vith offices in Harrisburg, Dauphin County, Pennsylvania. 3. Your Appellant was cited on October 4, 2003, in Cumberland County, for allegedly committing a violation of the Vehicle Code. 4. On February 27, 2004, Appellant was convicted of operating a vehicle with suspended/revoked license pursuant to Title 75 Pa. C.S. [1543(a). 5. By letter dated March 10, 2004, Appellee notified Appellant that his operating privileges would be suspended for a period of one (i) year, effective April 14, 2004. A true and correct copy of said letter is attached as Exhibit A. 6. Appellant has appealed his February 27, 2004, conviction to the Court of Common Pleas of Cumberland County. This appeal is docketed at CP-21-SA- 51-2004. 7. It is believed, and therefore averred, that this Court's decision whether to grant or deny this appeal will be predicated on the result of the Summary Trial yet to be scheduled before a Judge of the Court of Common Pleas of Cumberland County. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, ABOM & KUTULAKIS, LLP DATE Michael T. Traxler, Esquire Attorney for Appellant 36 S. Hanover Street CarLisle, PA 17013 (717) 249-0900 ID No. 90961 VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) Michael T. Traxler, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: April 8, 2004 Michael T. Traxler, Esquire EXHIBIT "A" COMHONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Hai! Date: HARCH ~0, 200~ KEVIN JAM£S SNRAWDER 39 EASTWICK LANE CARLISLE PA 17013 WID J 040a392836134S4 001 PROCESSING DATE 03/03/2004 DRIVER LIC'NSE J 22&99672 DATE OF BI TH ,-- De,ar. Ha-~ SHRAK~DE.R~ ........ Th~s ts an o~fl¢ta2 Notice 0~ the Suspension of .our Dr~v~ng Privilege as authorized b~ Section ~5~$ of the enns~Zvania Vehicle Code. As a resu2t of your 02/27/200q c. nv~ct~on Of v~o~at~ng Section 25~$A of the Vehicle Code DF~VING NH~LE SUSP/REVOKE on ~0/0~/2005: Your driving privilege is SUSPENDED ~or a ~ar~od O~ ~ YEAR(S) e~eotlve 0~/1~/200~ mt 12:01 a.m, Before PennDOT can restore your dr{v~ng privJZe~ you must foZlow the ~nstruct~ons in th~s Zetter for COP~aLYZN9 WITH THIS SUSPENSION, PAYING THE RESTORATION FEE a~ PROVIDING PROOF OF INSURANCE. You ShOU/d fOZZOW ALL ~nmtr~t&enm very =apefull¥. Even if you have served a11 the 'tme on the suspension/revocation, we cannot restore your driving privilege untl! a~l the requirements are settaf~e~. CONPLYI~G.W~TH TH.ZS SUS~ENS:ON You must return al! current Pennsylvania drlvee~ Zicenaes, Zearner'$ perm/ts, tempararV driver's 11cen~s (camera surrender these items before, 04/I~/200~, ~'3r earlier cred~t~ however, you may not drive after thee, items are surrendered. YOU HAY NOT RETAZN YOUR DRXVER~S LXCENSE FOR ZDBNTXFXeATZON PURPOSES. However, You may apply for and obt; in a photo ~denttfication card at any Driver License Center for a cost of ~10,00, You must present two (2) forms of Proper ~dent~ficat~on (e.g., birth certificate; ,alid U.S. pasa=ort, marriage certificate~ otc.) in orde to obtain Your photo ldentlflcation card. until we .eoe~ve your license(e). Complete ~h~ fo~owin9 steps to acknowledge th~s suspension, Return all current Penns¥1van/a driver' r learnerts permits end/or camera cards to lennDOT. you do not have any of these items, smnd e sworn rioter~zed letter stating you are aware of t h~ susaensien of your driving privilege, You must specify in your letter why you are unable to return ymur driver's 1/cease. Remember; You may net retain Y;ur driver's L/cease for 1dentJflcation purposes, Pleas send these Bureau of Driver Licensing P,D, Box Harrisburg, PA 17106-8695 Upon receiut, revte~ and acceg~ence of ~our enns~lvania dr~ver~s license(s), ~earner's perm~t(s)~ an /or a sworn notarized letter, PennDOT ~tlL send you a receipt conf/rm~ng the date that credit beoan. ~f you do not receive a receipt fra~ us within $ weeks, p~.ase con,act our affJceo Otherw~se, you ~llL not be ;~ven credit toward serving th~s suspens/en. PennDO? P~=ne nam=ere are listed at the end of th~s ~etter. Zf you do not return a~L current drier ~roducts, ~e must refer th~s ma~er to the ~nnsyZvan~a S~ate PoZ~ce for ;rosecut~on under SECT~O~ ~57~(a)(~) of the PennsyZvan~a Vehicle PAY;fiG THE RESTORATION FEE You must pay a restoration fee to PennDDT to )e restored fram. a ;uspensiaq~revqc~t/on ~ _¥~..~....~r~.v~g P_.E~..~.~.~A.~.. _ ~; ...... pay ~aur restoration fee, complete the fo~lo~in; steps% 1. Return the enclosed Appllcattan for Restor t/on, The amount due is llsted un the application. 2. Hrite your driver's license number (listed ~ the first Page) an the check ur mane~ order to en ute proper credit. ~. FoLLow the payment and mailing instructions 3n the back 0~06~9~8361~ PROVZDI~G PROOF OF INSURANC~ Within the last 30 days of your suspens/on/re ocat/on, we will send you a letter asking that you prey/lo proof of insurance at that time. Th/$ letter will 1is' acceptable documents and what w11! be needed if you do not =-n a yah/cie regJstered in Pennsylvania. Z~poPtant; Please make sure that PennDOT /s net,f/ad if you move from your current address. You may not/f& PennDDT of your address change bY calling any of the p~-~ne numbers -l"iSted at ~he end of this 1att'er. - .......................... APPEAL You have the r~ght to appea! thts act/on to tie Court of Common Pleas (C/v/] Division) w/thtn 30 days ~f the maiZ date, HARCH 10, 2004, af th/s letter. 1~ YOU ~S,e afl aDDeal ce~tt~led copy o~ the appeal. ~n order fop ¥o~-' appeal to be va~d, you mue~ send th~s time-stamped cert~'~ed copy ef the appeal by certif/ed ma~! to= Pennsylvania Department of Transpartatlor Office of Ch/el Cuunse! Th/rd Floor, R/verfrent Off/ce Center Harrisburg~ PA 17104-251& Remember, this /s an OF~]C/AL NOT/CE OF SUSPEWSIONo You must return all current Pennsylvania dr~ver license products $~ncaro~y, Rebecca L, 9/ckle~, Dtrect=r Bureau of Dr~ver ~cens/ng SEND FEE/LICENSE/DL-I&LC/TO~ Department of Transportat/on 8urea~ of Driver Licensing ~arri~burg~ PA ZNFORHATIOF (7=00 AH TO 9sO0 IN STATE l*aOO-932-&GO0 OUT-OF-STA~: TDD ZN STAT~. TDD OUT-OF-~TATE CERTIFICATE OF SERVICE I, Michael T. Traxler, Esquire, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM & KUTULAKIS, LLP DATE Michael T. Traxler, Esqtfire/ 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 90961 , COMMONWEALTH OF PENNSYLVANIA,: IN THE COURT O COMMON PLEAS DEPARTMENT OF TRANSPORTATION, : CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, : APPELLEE KEVIN JAMES SHRAWDER, APPELLANT NO. Oq'l,.~L5 cIVIL ORDER the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the day of (~f,u~004, at ~ ',',,~o AM/PM, in Courtroom # _~, of the Cumberland County Courthouse. FURTHEP~MORE, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. ~1550(b) pending said hearing. BY THE COURT Michael T. Traxler, Esquire 36 South Hanover Street Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 KEVIN SHRAWDER, APPELLANT Mo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE MOTION TO CONTINUE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1515 CIVIL AND NOW, comes the Appellant, Kevin Shrawder, by ~md through his attorney, Michael T. Traxler of ABOM & KUTULAKIS, L.L.P., and with the Cmru'aonwealth's concurrence, respectfully requests a continuance of this matter. In support thereof, Appellant avers the following:. 1. Appellant has appealed his February 27, 2004, summary conviction for driving under suspension to the Court of Common Pleas of Cumberland County. Said appeal is docketed at CP-21-SA-51-2004. A copy of the Notice of Appeal o:f the underlying conviction is attached as "Exhibit A.' 2. A license suspension appeal hearing is schedule to occur in this matter on June 30, 2004 at 9:30 a.m. in Coum'oom # 3. 3. It is believed, and therefore averred, that this Court's decision whether to grant or deny this appeal will be predicated on the result of the Summary Trial yet to be tried before a Judge of the Court of Common Pleas of Cumberland County. 4. As of the date of this Motion, there is no date scheduled tbr the Summary Trial at docket no. CP-21-SA-51-2004. If Appellant loses the Summary Appeal, yet to be scheduled and tried, the appeal, subjudke, will be withdrawn. Attomey for Appellee, Mr. George H. Kabusk, after telephone consultation, expressed his concurrence with the foregoing motion provided that thc: above-mentioned hearing is rescheduled within two (2) to three (3) months. WHEREFORE, the Appellant respectfully requests that this Court grant him a continuance to a date during the September term of Court. Respectfully submitted, ABOM & KLYI~LAKIS Michael T. Traxler / I.D. No. 90961 Attorney for the Appellant 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Exhibit A COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE ICEVIN JAMES SHRAWDER, APPELLANT IN THE COURT OF COMMON PLEAS CUMBERLhND COUNTY, PA NO. CIVIL NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this °°/~-day of April, 2004, the Defendant, Kevin James Shrawder, by and through his attorney, Michael T. Traxler, of Aborn & LLP, hereby files the foregoing Notice of Appeal of License Suspensioni. . ~'~, 1. Appellant, Kevin James Shrawder, is an adult individual who c~[r_¢nfly~: resides at 39 Eastwick Lane, Carlisle, Cumberland County, Pennsylv4ma~ 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County, Pennsylvania. 3. Your Appellant was cited on October 4, 2003, in Cumberland County, for allegedly committing a violation of the Vehicle Code. 4. On February 27, 2004, Appellant was conv/cted of operating a vehicle with suspended/revoked license pursuant to Tide 75 Pa. C.S. ~ 1543(a). 5. By letter dated March 10, 2004, Appellee notifiled Appellant that his operating privileges would be suspended for a pe~/od of one (1) year, effective April 14, 2004. A true and correct copy of said letter is attached as Exhibit A. © 6. Appellant has appealed his February 27, 2004, conviction to the Court of Common Pleas of Cumberland County. This appeal is docketed at CP-21-SA- 51-2004. 7. It is believed, and therefore averred, that this Court's decision whether to grant or deny this appeal will be predicated on 6he result of the Summary Trial yet to be scheduled before a Judge of the Court of Common Pleas of Cumberland County. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Respectfully submitted, ABOM O KUTUL4KIS, LLP DATE Michael T. Trax]erTEsquire / Attorney for Appellant 36 S. Hanover S~reet Carlisle, PA 1701!3 (717) 24%0900 ID No. 90961 CERTIFICATE OF SERVICE I, Michael T. Traxler, hereby certify that I served a copy of the Motion to Continue upon the Appellee, by mailing a copy of said Motion by U.S. First Class Mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: Michael T. Traxler / ' KEVIN SHRAWDER, APPELLANT Mo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1515 CIVIL  O~RDER AND NOW, this~__~ day of ~ 2004, upon consideration of the Appellant's Motion to Continue and A ellee's concurrence in the Motion, fine hearing originally scheduled to PP occur in this matter on June 30, 2004 at 9:30 A~Vl. is hereby continued and rescheduled for the ~L ~ day of September, 2004, at ! ~.~ ~/PM, in Courtroom #~_~_, Cumberland County Coull~.house. Michael T. Traxler, Esquire 36 South Hanover Street Carlisle, PA 17013 Pennsylvania Department of Tmsportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 KEVIN JAMES SHRAWDER, : IN THE COURT OF COMMON PLEAS APPEl-J,ANT CUMBERLAND COUNTY, PA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE NO. 04-1515 CiVIL PRAECIPE TO WITHDRAW APPEP, I. Kindly mark the above-captioned appeal as withdrawn. Respectfully submitted, ABOM O KUTULAKdS, LLP DATE 7',//7? '/ Michael T. Traxler, Esquire Attorney for Appellant 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 90961 CERTIFICATE OF SERVICE I, Michael T. Traxler, Esquire, hereby certify that I did serve a copy of the foregoing document upon the person(s) and in the manner indicated below, which satisfies the reqnirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States mail, first-class postage prepaid as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Respectfully, ABOM & KUTULAKIS, LLP l Michael T. Traxler, Esquire 36 S. Hanover S~:reet Carlisle, PA 170~3 (717) 249-0900 ID No. 90961