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Home My WebLink About09-2457 DANIEL K. PATTERSON, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 2009- SlS7 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPEAL FROM DRIVER'S LICENSE Respondent SUSPENSION PETITION FOR APPEAL Petitioner, Daniel K. Patterson, by his attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Daniel K. Patterson, an adult individual residing at 417 Orchard Lane, Mechanicsburg, PA 17055. 2 On March 19, 2009, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of ninety days effective April 23, 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: Y12 o/,07 By: Katie J. ell, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Petitioner PENNDOT CHIEF COUNSEL Fax 717+705+1122 Apr 20 2009 09:49am P006/007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MARCH 19, 2009 DANIEL KEITH PATTERSON WID # 090716543317632 002 417 ORCHARD LN PROCESSING DATE 03/12/2009 DRIVER LICENSE # 29070246 MECHANICSBURG PA 17055 DATE OF BIRTH 06/27/1988 Dear Motorist: Due to your failure to attend a departmental hearing, a sanction of 60 DAY(S) is imposed as mandated by Section 1538 of the Vehicle Code. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary drivers license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 04/23/2009, 12:01 a.m. Please see the enclosed application for restoration fee information. PENNOOT CHIEF COUNSEL Fax 717+705+1122 Apr 20 2009 09:49am P007/007 090716543317632 Apps You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the snail date, MARCH 19, 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 Ploor, Riverfront Office Center Harrisburg, PA 17104-2516 Sincerely, e4f 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 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 PENNDOT CHIEF COUNSEL Fax 717+705+1122 Apr 20 2009 09:48am P002/007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 FEBRUARY 13, 2009 DANXEL IMITH PATTERSON WID # 090379216915319 001 417 ORCHARD LN PROCESSING DATE 02/06/2009 DRIVER LICMSE # 29070246 MECHANICSBURG PA 17055 DATE OF BIRTH 06/27/1988 Dear Motorist: Because of your violation of Section 3362 of the Pennsylvania Vehicle Code, EXCEEDING MAXIMUM SPEED, on 10/11/2008, and conviction on 11/12/2008, 5 points have been assigned to your driving record. You are required to attend a Departmental Hearing at the following location: SOUTH YORK VALUE CENTER TIME DATE 2130 S QUEEN STREET 9:30 AM 03/04/2009 YORK 17403 You must present this notice and proof of identifica- tion when you appear for the Hearing. Failure to comply with this request shall result in the suspension of your driving privilege. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing Information (Monday thru Friday 8:00 am to 6:00pm) In State 1-800--942-3926 Out of state 717-412-5300 TDD in State 1-800-228-0676 TDD Out of State 717-412-5380 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Appeal was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip M. Bricknell, Esquire Assistant Counsel Governor's Office of General County Department of Transportation Office of Chief Counsel - Vehicle & Traffic Law Division River Front Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 MARTSON LAW OFFICES By_ ItYigtj) ?(J, 9,?& M. Price Te East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /-//P/ FI ? 'w?c OF THr. OTARY 2003 APR 20 AM l1: 00 X78.Sv ??.A? eK? aoF a l APR 2110094 DANIEL K. PATTERSON, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 2'vs'7 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER AND NOW, this as (day 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 -/L?day of QA? , 2009 at V A in at which time the issues raised in this Petition will be heard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on March 19, 2009, and relating to the suspension of Petitioner's license effective on April 23, 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, ?o'aa A Judge cc: atie J. Maxwell, Esquire Phillip M. Bricknell, Esquire, Office of the Chief Counsel of PennDOT (24pt,ez lam. t £ _ ?!? ZZ 88V 60OZ 31R1 30 4 C,, DANIEL K. PATTERSON, Apellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 09-2457 CIVIL 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 to rescind the suspension and to reschedule the departmental hearing. Petitioner releases the Department from its responsibility under 75 Pa.C.S. § 1551 to provide notification within six months of the date of conviction of any suspension to be imposed if the petitioner fails to attend the departmental hearing and any suspension that might be imposed pursuant to 75 Pa.C.S. § 1538(b). BY THE COURT: ,._Attest: Kafe 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, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 7? /J l OF THE PT 2009.{?? 13 f"ll, 1: }..'