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HomeMy WebLinkAbout09-1602Harry M. Baturin, Esq. Baturin & Baturin Law Offices 2604 North Second Street Harrisburg, PA 17110 (p) 717-234-2427 (f) 717-234-7544 MARIA JACQUALINE FIAMINGO : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. :NO: CV LS COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING APPEAL FROM THE SUSPENSION OF OPERATING/REGISTRATION PRIVILEGES AND NOW, Petitioner, Maria Jacqualian Fiamingo by and through her attorney, Harry M. Baturin, Esq. respectfully avers as follows: 1. Petitioner, Maria Jacqualian Fiamingo, resides at 1401 Boyds Lane, Dauphin, PA 17018. Petitioner's Pennsylvania Operator's/Title Number is Z8403831. 2. PennDOT proposes by Notice dated III-AX (SA to suspend Petitioner's operating/registration privileges for a period of ??) days/months/year(s), pursuant to Section ,5 y) of the Vehicle Code, effective 14P922 e4Q, f 11-1-0-1 3. The withdrawal and suspension of Petitioner's operating/registration privileges is unlawful for the following reasons the decision of District Justice Bender is currently being appealed. WHEREFORE, Petitioner respectfully requests that this Honorable Court allow him/her to take an appeal from the suspension of his/her operating/registration privileges. Respectfully Submitted, Date: BATURIN & BATURIN V?K By: H a rM t?Esq. I,,r VERIFICATION ?cWvi?, , verify that the facts set forth in the Appeal From the ?uspe;sini of Operating/Registration Privileges are true and correct best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, which may include fines of up to $500.0 . a Date Signature f et loner 3 A,4,+br ne) l' C) C u cam- t ?t, r MAR T8 200 MARIA JACQUALINE FIAMINGO : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: CV LS COMMONWEALTH OF PA ..• t- DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING SCHEDULING AND SUPERSEDEAS ORDER AND NOW, this ) R day of , 20 C , upon presentation of the within Appeal From Suspension of Operating/Registration Privilege, it is hereby ordered that a hearing on this matter shall be held on the day of , 2001, at PA a o'clo©k P m. in Courtroom No. 1-5 of the Cumberland County Courthouse, Carlisle, PA. The action of the Pennsylvania Department of Transportation in suspending the driving/registration privileges of the petitioner 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 must serve a copy of the appeal on the Pennsylvania Department of Transportation. BY THE COURT: vw? -? b'k JUDGE DJ,B''RIBUTION: =vvmMaingo 1401 Boyds Lane, Dauphin, PA 17018 turin, Esq. 2604 North Second Street, Harrisburg, PA 17110 ania De partment of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 4 l j l( ryrt -71 ry'?Y' 1 , S Z • 4 Wd 61 HVW 6001 11v Is c1 :3 30 Hl COMMO ALTH OF PENNSYLVANIA DEPARTME OF TRANSPORTATION OFFICE OF C IEF COUNSEL BY: CHRI TOPHER J. JOHNSON Assist nt Counsel Atto ey I.D. No. 204296 RIVERFRO OFFICE CENTER, 3d FLOOR 1101 SOUTH FRONT STREET HARRISBUR , PENNSYLVANIA 17104-2516 (717) 787 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMO ALTH OF PENNSYLVANIA } NO. 09-1602 DEPARTME OF TRANSPORTATION, BUREAU OF DRIVER LICENSING } MARIA J. VS. } AINGO } LICENSE SUSPENSION APPEAL ORDER AND NOW, this 29`h day of May, 2009, the appeal filed in the above (referenced matter is: 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. La CONTINUED AND RESCHEDULED FOR THE j?DAY OF AW 2009, AT l CA) IN COUR OOMMEARING ROOM NO. -5 OF THE SCHUYLKILL COUNTY COURTHOUSE, POTTSVILLE, PA. BY THE COURT: Attest: Harry Baturin Esq., 2604 North Second Street Harrisburg, PA 17110 txjllxx? 7:- ier J. Johnson Office of Chief Counsel Riverfront Office Center 3d Fl. 1101 S. Front St. ' 5 rg, PA 17104 pip X11 _ .1 r C i d 5 W 60oz COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING V MARIA J. FIAMINGO IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1602 LICENSE SUSPENSION APPEAL IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 10th day of July, 2009, this being the time and place set for a hearing on Appeal from Suspension of Operating Privilege, and the Commonwealth having presented into evidence Commonwealth Exhibit Number 1, which is certified records of the Department which do establish a conviction for an underage alcohol offense under Section 6308 of the Criminal Code, the court finds by a preponderance of the evidence that the defendant has been convicted of the stated offense and that the 90 day suspension is appropriate under the law. It is further noted that the defendant has failed to appear for the hearing, accordingly, IT IS HEREBY ORDERED AND DIRECTED that the appeal is dismissed and the previous suspension for 90 days shall be reinstated. Phillip Bricknell, Esquire For the Commonwealth Harry M. Baturin, Esquire 2604 N. Second St. Harrisburg, Pa. 17110 :mtf ?o7c£5 r7lalLL 7 ? > v9 By the Court, M. L. Ebert, Jr., . .?. O 'C'