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Home My WebLink About09-2380DERIC J. SOLLENBERGER, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. : :NO. 2009- CIVIL TERM COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPEAL FROM DRIVER'S LICENSE Respondent SUSPENSION PETITION FOR APPEAL Petitioner, Deric J. Sollenberger, by his attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Deric J. Sollenberger, an adult individual residing at 251 Walnut Bottom Road, Carlisle, PA 17013. 2 On March 30, 2009, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of 1 year days effective May 4, 2009. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A". 3 The Order suspending Petitioner's license as set forth on Exhibit A is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Respectfully submitted, Date: f Katie J. ell, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Petitioner Fx COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 30, 2009 DERIC JUSTIN SOLLENBERGER WID # 090826122720482 001 251 WALNUT BOTTOM RD PROCESSING DATE 03/23/2009 DRIVER LICENSE * 26446970 CARLISLE PA 17013 DATE OF BIRTH 12/15/1980 Dear MR. SOLLENBERGER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E21 of the Pennsylvania Vehicle Code. As a result of your 01/26/2009 conviction of violating Section 3802A1 of the Vehicle Code DUI GENERAL IMPAIRMENT on 09/22/2006: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/04/2009 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 05/04/2009. You may surrender these items before, 05/04/2009, 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 $12.00. 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. 090826122720482 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. IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approximately 30 days before your eligibility date. 090826122720482 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, MARCH 30, 2009, 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 05/04/2009. 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 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state-pa.us CERTIFICATE OF SERVICE I, Katie J. Maxwell, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip Bricknell Governor's Office of General Counsel Department of Transportation Office of Chief Counsel I Vehicle & Traffic Law Division 1. River Front Office Center, 3`d Floor 1101 South Front Street I Harrisburg, PA 17104-2516 MARTSON LAW OFFICES By 4 'a 5::: e12 i V Maxwell Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: (1115-11 FILED- C"i-t"ile OF THE Fiv { UCARY 2W9 APR 15 PM 2 5 5 CUly ; „ii?i i Y $-Is. sa PO X- Ir 04(,* ACV3 APR 1 6 200R6i DERIC J. SOLLENBERGER, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009- A-S90 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER AND NOW, this O'6day of April, 2009, upon consideration of the foregoing Petition For Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the suspension of his operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the ? day of , 2009 at A.m at which time the issues raised in this Petition will a heard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on March 30, 2009, and relating to the suspension of Petitioner's license effective on May 4, 2009. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. BY THE COURT, ?A - -t ? J. cc: /atie J. Maxwell, Esquire ?Aillip M. Bricknell, Esquire, Office of the Chief Counsel of PennDO^ A 5 , ° iii! o 91:11 WV L ! M 6001 ?jJ?'dV L['?%%1t? 3Hi a0 DERIC J. SOLLENBERGER, Apellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 09-2380CIVIL TERM ORDER AND NOW, this 10TH day of July, 2009, the appeal filed in the above referenced matter is REMANDED to the Department of Transportation for corrective action. BY THE COURT: 'N -? ?iA\ \ Xi. ,,_Attest: Katie J. Maxwell, Esq., Martson Deardorff Williams Otto Gilroy & Faller, 10 East High Street, Carlisle, PA 17013 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 11'f01 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 QopiF.S. --n2clEr-L 13 Cl