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Home My WebLink About09-4225By: William Wismer, Esquire Attorney ID # 39220 130 East State Street Media, PA 19063 610-566-3090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING NO.: O Y 5112Sc ?_v s { u.? VS. TAPPHACHANH PHOMSOPHA LICENSE SUSPENSION APPEAL AND NOW, Petitioner, TAPPHACHANH PHOMSOPHA, OLN 26796203, by and through his Attorney, William Wismer, Esquire, respectfully represents: 1. Appellant herein is a licensed driver in the Commonwealth of Pennsylvania residing at and having a mailing address of 23 Wooded Run Drive, Dillsburg, PA 17019. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, Bureau of Driver Licensing having a mailing address of P.O. Box 68693, Harrisburg, PA 17106-8693. 3. That by letter dated May 29th 2009, the Department of Transportation notified the petitioner of the intent to suspend his operating privileges effective 05/15/09, citing §1542(d) of the Pennsylvania Motor Vehicle Code for an alleged third major violation conviction in Cumberland County, Pennsylvania. (See attached Exhibit "A"). 4. Supersedeas: Pursuant to 75 Pa.C.S.A. §1550 (b)(1)(i), Appellant is retaining driver's license until final determination of the suspension of operating privilege. 5. That said suspension of Appellant's operating privileges is improper due to the fact that an underlying conviction is on appeal. WHEREFORE, Petitioner prays that this Honorable Court grant this Petition and sustain his appeal. Respectfully submitted, 1 William Wismer, Esquire Attorney for Petitioner VERIFICATION I, William Wismer, Esquire hereby verify that the facts set forth in the foregoing petition are true and correct to the best of my knowledge, information and belief. I further understand that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. William Wismer, Esquire CERTIFICATE OF SERVICE I, William Wismer, Esquire, attorney for Petitioner, being duly sworn according to law, served the within License Suspension Appeal upon the Department of Transportation on by Certified Mail. This certification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. LkL- A William Wismer, Esquire Attorney for Petitioner By: William Wismer, Esquire Attorney ID # 39220 130 East State Street Media, PA 19063 610-566-3090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA NO.: DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING VS. TAPPHACHANH PHOMSOPHA ORDER AND NOW, this day of 2009, it is hereby ORDERED and DECREED that the above captioned Appeal is hereby granted and petitioner's driving privileges are RESTORED. BY THE COURT: J. MIT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 29, 2009 TAPPHACHANH PHOMSOPHA WID 091486123364664 001 23 WOODED RUN DR PROCESSING DATE 05/23/2009 DRIVER LICENSE # 26796203 DILLSBURG PA 17019 DATE OF BIRTH 05/23/1984 LICENSE IN BUREAU Dear Motorists As a.result of your, acceptance into the Accelerative Rehabilitative Disposition CARD) Program In CUMBERLAND CTY for violating A3802C of the Vehicle Code, ARD-DUI SAC .16+ on 10/12/2008, you have been placed in habitual offender status because this is your third ma3or violation within a five Year Period. Your driving privilege is being revoked for a period of 5 YEARCSY, as mandated by Section I542D of the Vehicle Code. The effective date 01 suepeneion is 0511512009, 12:01 a.m. Please see the enclosed application for restoration fee information. You will be notified of any outstanding restoration requirements approximately 30 days before the eligibility date of the restoration of Your driving privilege. You roust f'o'llow"thos'e instructions very carefully in order 'to have your.driving privilege restored. 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 29, 2009, of this letter. tf 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 Cc I 2 9 9 1J 1 2 3 A I: v j 20109 JUN K,"? J r s7 ?: p a( Cis ti By: William Wismer, Esquire Attorney ID # 39220 130 East State Street Media, PA 19063 610-566-3090 JUN .? 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING VS. NO.. D 9 - L? Sc :vcs,K TAPPHACHANH PHOMSOPHA PRELIMINARY ORDER FOR HEARING AND NOW, this?y'4day of 2009, upon consideration of the foregoing Petition, a hearing is granted to determine whether the Petitioner is subject to suspension of his driver's licensing privileges. A hearing is set for the 174 day of 1001 , at r 36 P. M., in Courtroom No. g , Cumberland County Courthouse, Pennsylvania. Petitioner to notify the Department forthwith. PETITIONER'S OPERATING PRIVILEGES ARE REINSTATED PENDING FURTHER ORDER OFTHIS COURT BY J. 17 T ; 20°04 J=1°" 2k s 16 cull r ? r' ? ` 40 By: William Wismer, Esquire Attorney ID # 39220 130 East State Street Media, PA 19063 610-566-3090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA NO.: 09-4225 DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING VS. TAPPHACHANH PHOMSOPHA ORDER TO RESCHEDULE HEARING AND NOW, this !?- day of 009, upon consideration from the Petitioner's attorney, William Wismer, and with no opposition from PENNDOT attorney, Philip Bricknell, the hearing scheduled for October 7th 2009 at 1:30 PM has been rescheduled. A new hearing is set for the 2nd day of December 2009 , at 8:45 AM., in Courtroom No. 2 , Cumberland County Courthouse, Pennsylvania. RLED-OFFICE OF THE PR OTHONYOTARY 2009 OCT --5 Pl 2: 31 CU?tJ ,i" ,;-4UNI PENNSYL.VAtIl A !01 s j09 - 1. t F,S rn? t ?£d. 04?f W ?--n ez--