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Home My WebLink About09-0280DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee VS DANIEL L SHEAFFER, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. QQ o296 aul PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, Daniel L Sheaffer, by and through his attorney, Gregory Barton Abeln, Esquire, who files the following petition and avers as follows: 1. Daniel L Sheaffer is an adult currently residing at 2464 Lobach Drive, Mechanicsburg, PA 17055. 2. On December 22, 2008, the Pennsylvania Department of Transportation sent to Appellant a notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in his possession. 4. The Appellant's license is to be suspended as a result of a guilty plea to reckless driving, 75 P.S. § 3736, on December 12, 2008. 5. The Appellant has filed an appeal of the reckless driving conviction with the Court of Common Pleas, a certified copy is attached to this petition. Exhibit «B„ 6. Concurrent with the appeal on the reckless driving charge, Appellant has sent to Penn DOT a request for delay of suspension pursuant to 75 P.S. § 1555. WHEREFORE, Appellant requests this Honorable Court to set a time for a hearing on the priority of Appellant's license suspension and immediately stay the imposition of his license suspension pending the result of said hearing. Respectfully Submitted, DATE: ABELLNN LAW OFFICES Gregory Barton Abeln, Esquire ID # 35960 Attorney for Appellant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 AFFIDAVIT OF DANIEL L SHEAFFER I, Daniel L Sheaffer hereby certify that the averments in the foregoing appeal are true and correct to the best of my knowledge, information and belief. This affidavit is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. J .116iel affer C:/abeln/forms/affidavi/format COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 22, 2008 DANIEL L SHEAFFER WID # 083509283162892 001 2464 LOBACH DR PROCESSING DATE 12/15/2008 DRIVER LICENSE # 26910286 MECHANICSBURG PA 17055 DATE OF BIRTH 09/28/1984 --TS-G_p? c Dear MR. SHEAFFER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 12/12/2008 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 12/04/2008: ¦ Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 01/26/2009 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 01/26/2009. You may surrender these items before, 01/26/2009, 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. . A- 083509283162892 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. 083509283162892 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, DECEMBER 22, 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 01/26/2009. Sincerely, 9?_d ?__ - Z go-)(/) 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 TOO IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 G-Zi-q -1Q-lcG? IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Daniel L. Sheaffer 2464 Lobach Drive Mechanicsburg, PA Zip 17055 Signature Name and Address of District Justice: District Justice Mark Martin 507 N. York Street Mechanicsburg, PA Zip 17055 Magisterial District No. 09-3-05 Decision of District justice: guilty of reckless driving Date of Decision 12/12/2008 Offense(s) Appealed Reckless Driving Name and mailing address of officer as shown on citation or complaint Trooper Krista Miller State Police, arise, If sentence includes fine and costs, amount of which paid: $ 284.50 Type or amount of bail fumished to District Justice, if any: n/a District Justice Docket No. TR-8118-08 Citation No. R0286851-5 C) Name and AdfJ,?ess ? tto ?:=; I i (sign ature) --f-10 (print name) Gregory B. Ab EscMire 37 E. Pomfret Street C-1 Q I C3 (address) Z-;o 00 Carlisle, PA ?-' zip 17013 Phone: 245-2851 Atty*D.# 3960 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. I hereby certify that an appeal had been filed in the above captioned matter. COMMONWEALTH OF PA, Appellee VS DANIEL L SHEAFFER, Appellant PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CERTIFICATE OF SERVICE I hereby certify that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, ABELN LAW OFFICES Date: Shelly S dnor Legal Assistant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 N ?o 41- `M W V%j ? J C? N r.? -rY C-) JAN 2 3 2009, COMMONWEALTH OF PA, Appellee VS DANIEL L SHEAFFER, Appellant ORDER PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq -,296 &K -L tEZ,4,n AND NOW, this a 1day of 2009, upon consideration of the within Petition For Appeal From License Suspension, a hearing is set for the 3day of QP24 , 2009, at 8'00 o'clock f m. in Courtroom No. ,5 of the Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is stayed pending the disposition of the appeal hearing. By the Court, J. V, Cc: Xeorge Kabusk, Esquire For the Commonwealth ?Gregory Barton Abeln, Esquire For the Appellant V a : t told ?.2 NVr 6602 n- Hi `u DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee VS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-280 Civil Term DANIEL L SHEAFFER, Appellant PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Please mark the above captioned matter as settled and the appeal withdrawn. Respectfully Submitted, DATE: 25 3 Q Cc: Phillip Bricknell, Esquire For the Commonwealth Gregory B. Abeln, Esquire For the Appellant ABELN LAW OFFICES "?? (3(NS& Gregory Barton Abeln, Esquire ID #35960 Attorney for Appellant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851