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Home My WebLink About04-1702THEODORE CHRONISTER, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2004 ~. ~ v.'/ 7"~.. ~-,~,~ : LICENSE SUSPENSION : APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this)~th day of April, 2004, comes Theodore Chronister, by and through his attorney, David E. Hershey, Esquire and Wiley, Lenox, Colgan & Marzzacco, P.C., and respectfully files the following License Suspension Appeal, averring as follows: 1. Theodore Chronister is an adult licensed driver with a residence address of 7073 Carlisle Pike #26, Carlisle, Cumberland County, 17013. 2. The Department of Transportation Bureau of Driver Licensing has a mailing address of 1101 South Front Street, Harrisburg, PA 17104. 3. Petitioner received a notice of a proposed license suspension for a conviction of violating Section 1371 of the Vehicle Code, driving while vehicle registration is suspended, by official notice dated March 22, 2004, which is marked as Exhibit A, attached hereto and incorporated herein by reference. 4. Defendant was convicted of driving while vehicle registration is suspended on March 12, 2004 in District Court 09-3-05 which gave rise to the Department's action as outlined in Exhibit A. 5. The suspension proposed by the Department outlined in Exhibit A is illegal, improper, and invalid for some or all of the following reasons: a. Petitioner's summary conviction for driving while vehicle registration is suspended is presently on appeal and is pending in Cumberland County court. WHEREFORE, Petitioner prays that Your Honorable Court enter a stay relative to the above-captioned matter in accordance with Section 1550 of the Vehicle Code and further to schedule a hearing on the merits of this appeal. By: THE WILEY GROUP 130 W. Church Street Dillsburg, Pennsylvania 17019 I.D. #: 43092 THEODORE CHRONISTER, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2004 LICENSE SUSPENSION APPEAL VERIFICATION I, David E. Hershey, on behalf of my client, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. THEODORE CHRONISTER, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2004 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Shawna L. Yarner, Legal Assistant in the Law Firm The Wiley Group, hereby certify that I, on this day, serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage pre-paid at Harrisburg, Pennsylvania, on the /~'~ day of April 2004. The Wiley Group George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 Respectfully submitted,x WILEY,~/X,~& MARZT_.ACCO, P.C. by: DA~/iD"E~H ERS H E'Y, ESC~U I R E 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 I.D.#: 43092 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 22, 200q THEODORE S CHRONISTER WID ~ 040759283795941 001 7073 CARLISLE PIKE ~26 PROCESSING DATE 03/15/2004 DRIVER LICENSE ~ 17975378 CARLISLE PA 17013 DATE OF BIRTH 11/03/1945 Dear MR. CHRONISTER: This is an O~ftclal Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 05/12/200q conviction of violating Section 1571 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 02/19/200~: Your driving privilege is SUSPENDED for a perlod of 3 MONTH(S) effective 04/26/2004 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 ~rtv- t[ege until ail 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 Y~ur po~aesslon on or before 0~/26/200~. You may surrender these items before, Oq/26/20Oq, for earlier credit; however, you may not drive after these items are surrendered. YOU HAY NOT RETAZN YOUR DRZVER~S LZCENSE FOR IDENTZFZCATZON PURPOSES. However, you may apply for and obtain a Photo identlfication card at any Driver License Center for a cost of 10.00. You must present t~o (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. YOU W111 not recelve credlt toward servlng untll we recelve your license(s). Complete steps to acknowledge this suspension. any suspension the following 0~07592857959~1 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 nota- rized 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 68695 Harrisburg, PA 17106-8695 Z. 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 con- firming the date that credit began. If You do not re- ceive a receipt from us within $ 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 pro- ducts, 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. 0~07592B$7959~1 PROVIDING PROOF OF INSURANCE Within the last 50 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZNPORTANT: 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 tho end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, MARCH 22, 200~, of this letter. Z~ you ~ile an appeal tn 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 1710~-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current PennsYlvania driver license products to PennDOT by Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO= Department of TransPortation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8695 INFORMATION (7=00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-q60B 717-$91-619B 1-800-228-0676 717-391-6191 2004 THEODORE CHRONISTER, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ day of .'~/'.~,C¢-- the attached Appeal and the reasons supporting same, _, 2004, upon consideration of IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this case is hereby scheduled for the o~-~ay of ~ ,2004, at ~/,~O q..m. o'clock in Courtroom No. z~ -~/T~f'[4~ (~7- ' ,.1,. ~ U£~h o~$'~ ~,~ of the Yam~ County Court House at~_-c =z:;:. Mu;;,~;. G~.,o~;., Y~r~, Pennsylvania. Pursuant to Section 1550 of the Motor Vehicle Code, the Depart~nt ~i~ Transportation is hereby Ordered to stay the proposed ninety-day suspension ~J~ii suq-~ time as this case can be decided on its merits. BY THE COURT: JUDGE IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA THEODORE CHRONISTER, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 04-1702 Civil Term ORDER AND NOW, this 26th day of July, 2004, the appeal filed in the above referenced matter is REMANDED to the Department of Transporta'[ion for corrective action based on the Order entered to no. CP-21-SA-64-2004. BYTHECOURT: Attest: Distribution: ..,/bavid E. Hershey, Esq., 130 W. Church Street, Suite 100, Dillsburg, PA 17019 ever y J. Points, Esq., Pennsylvania Department ot= Transportation, Office of Chief /B Counsel, 1101 South Front Street, 3rd Floor, Harrisburg Pennsylvania 17104- 2516