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Home My WebLink About09-34591y/ DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee VS ANTHONY DELUCA, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o- sqo PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant, Anthony DeLuca, by and through his attorney, Gregory Barton Abeln, Esquire, who files the following petition and avers as follows: 1. Anthony DeLuca is an adult currently residing at 2 Essex Road, Camp Hill, PA 17011. 2. On May 19, 2009, 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 speeding on April 29, 2009. 5. The Appellant has filed an appeal with the Court of Common Pleas in Crawford County; a copy is attached to this petition. Exhibit "B" 6. Concurrent with the appeal on the speeding 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, ABELN LAW M DATE: COT Gregory Barton Abeln, Esquire ID #35960 Attorney for Appellant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 19, 2009 ANTHONY R DELUCA WID # 091329283428414 001 2 ESSEX ROAD PROCESSING DATE 05/12/2009 DRIVER LICENSE # 24457513 CAMP HILL PA 17011 DATE OF BIRTH 03/06/1978 De.ar MR. DELUCA: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1535E of the Pennsylvania Vehicle Code. Section 1535E imposes a mandatory suspension for certain violations that occur in a Work Zone. As a result of your 05/11/2009 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXIMUM SPEED, on 04/29/2009: ¦ Your driving privilege is SUSPENDED for a period of 15 days effective 06/23/2009 at 12:01 a.m. ¦ PennDOT is required by law to assign 03 points to your driving record. 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 hicense's, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 06/23/2009. You may surrender these items before, 06/23/2009, 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. A 091329283428414 You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 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, 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. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 091329283428414 PROVIDING PROOF OF INSURANCE You must provide proof of insurance to PENNDOT to be restored. Please provide a copy of one of the following to show that all motor vehicles registered in your name are insured. *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads °I do not own any motor vehicles currently registered in Pennsylvania°. Please include your name, address, driver's license number and date of birth on the statement. 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, MAY 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 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 06/23/2009. 091329283428414 Sincerely, 9?A? '6 go) Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 a.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.aa.us PATRICIA A WE. HERBE, CLERK C` COORT3 CRAWFORD C,Cj,VY P-1-NNA MY COMVISC?IT.,' Conviction MAY 2 2 2009 SR- 3Z--g6 l Name and Address of District justice: 1'Y1 i c-hc?l ?oSS? ggLoTe Yr?,A w": meaX4?Vl-k 6- PA Zip (ta33'S Magisterial District No. 3 o- 3 - DDL Decision of District justice: Date of Decision >4 ? 29 I Oc? Offense(s) Appealed Name and mailing address of officer as shown on citation or complaint A10 (??-tj7- PSP l 11.-7 rn u? Y a? ???I me-OA V I I to-, PA I In 335" District justice Docket No. Citation No. A 014 01 (D (D3-3 If sentence includes fine and costs, amount of which paid: Type or amount of bail furnished to District justice, if any: n1k Name and Addr (signature) (print name) 9, SSA Qcr3A ( dress) a rn, ?-A 11 IP/?\ Zip 1-7 01 I Phone: V-7 9 _3 q 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. CLERK OF COURTS 15? IN THE COURT OF COMMON PLEAS, COUNTY OF Notice of Appeal from Summary Criminal DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee VS ANTHONY DELUCA, Appellant IN THE COURT OF COMMON 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 Date: Respectfully submitted, ABELN LAW OF ICES Shelly Sy nor Legal Assistant 37 E. Pomfret Street Carlisle, PA 17013 717/245-2851 Fll E---!,," (? w OF TAE 2009 MAY c"7 jai 9: 20. CUINI; MAY 2 9 2009 a DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PA, Appellee VS ANTHONY DELUCA, Appellant ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. AND NOW, this ) 0,4 day of , 2009, upon consideration of the within Petition For Appeal From License Suspension, a hearing is set for the day of 0 , 2009, at 9.15- o'clock 0 m. in Courtroom No. 7- of the Cumberland County Courthouse. FURTHERMORE, the motor vehicle license suspension in this case is strayed pending the disposition of the appeal hearing. Cc: /George Kabusk Esquire For the Commonwealth Gregory Barton Abeln, Esquire For the Appellant ??fcs ?YL?[ ?.?G? FILED-4DFRCE OF THE PROTPON TAPY 2009 JUN 10 AM 11: 5 3 CUMEC -,;;?A. =, ti_,ijuf}'QTY