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Home My WebLink About09-7596Terrence J. McGowan, Esquire Attorney I.D. #39129 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 (717) 238-0592 (fax) TIMOTHY CARROLL HEBBARD V. Attorneys For Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA - ??q DOCKET NO. 09 , Cam( 7, COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, this 3' day of November, 2009, comes Petitioner/Appellant, Timothy Carroll Hebbard, by and through his attorney, Terrence J. McGowan, Esquire, who pursuant to 75 Pa.C.S.A. §1550 files this Petition For Appeal from an Order of the Commonwealth of Pennsylvania, Department of Transportation, suspending Petitioner/Appellant's driving privilege, and in furtherance thereof, avers the following: I. Petitioner is Timothy Carroll Hebbard, an adult individual who resides at 4054 1h Street, Summerdale, Cumberland County, Pennsylvania. 2. Petitioner possesses a currently valid Pennsylvania operator's license number 18728344. 3. By letter dated October 6, 2009, the Pennsylvania Department of Transportation notified Petitioner that as a result of his conviction dated September 6, 2009, for violating Section 1547 of the Vehicle Code, (Chemical Test Refusal), that his driving privileges are being suspended for a period of eighteen (18) months. A copy of the Notice of Suspension is attached hereto as Exhibit "A" and is incorporated herein by reference. WHEREFORE, pursuant to 75 Pa.C.S.A. §1550, Petitioner/Appellant respectfully requests that this Honorable Court grant him an appeal of the foregoing Petition for Appeal of Order Suspending Driving Privilege, and to order that the Pennsylvania Department of Transportation's Order suspending Petitioner's driving privilege be stayed pending the Hearing in this matter. Respectfully submitted, KILLIAN & GEPHART, LLP 2:?=? M tp,?? Dated: November 3, 2009 Terrence J. Mc an, E wire Attorney I.D. #39129 218 Pine Street P. O. Box 886 Harrisburg, PA 1.7108-0886 (717) 232-1851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 06, 2009 TIMOTHY CARROLL HEBBARD WID * 092726117667647 001 405 4TH ST PROCESSING DATE 09/29/2009 DRIVER LICENSE # 18728344 SUMMERDALE PA 17093 DATE OF BIRTH 02/03/1960 Dear MR. HEBBARD: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 09/06/2009: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/10/2009 at 12:01 a.m. 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 11/10/2009. You may surrender these items before, 11/10/2009, 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. 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: EXHIBIT "A" 092726117667647 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. 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". 092726117667647 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 06, 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 11/10/2009. Sincerely, 9&zc:?K Z g e-? 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 On this 3' day of November, 2009, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Commonwealth of Pennsylvania Department of Transportation Office Of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 KILLIAN & GEPHART, LLP Terrence J. Mc an, ti?quire Attorney I.D. #39129 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 FILED-,?t r"o,'E OI= pl- FF'' ' GA G?ARY 2009 NOY -3 °M 3: 13 UNITY C N ORDER AND NOW, upon consideration of the foregoing Petition for Appeal of License Nov 0 4 2009 G Terrence J. McGowan, Esquire Attorney I.D. #39129 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 (717) 238-0592 (fax) TIMOTHY CARROLL HEBBARD V. Attorneys For Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO. 01' 75?U ?I UI COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL Suspension, IT IS HEREBY ORDERED AND DECREED that a Hearing is scheduled for the _ day of , 2009, at C/; -ten ?? y 3C) o'clock _.m. to determine whether the Order of the Department of Transportation should be set aside. IT IS FURTHER ORDERED that the Pennsylvania Department of Transportation's Order suspending Petitioner's driving privilege be stayed pending the Hearing in this matter. By The Court: W4 J. Dribution: n' tnDOT, Office of Chief Counsel, Thir, loor, Riverfront Office Center, Harrisburg, PA 17104 .,--errence J. McGowan, Esquire, 218 Pine Street, Harrisburg, PA 17101 0-6 Ptes rn? c LSCL i[?s?oq n? TA 203 Nov (` ?t ??pp pp t TIMOTHY CARROLL HEBBARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH OF PA DEPT. OF TRANSPORTATION BUREAU OF DRIVER LICENSING: AND NOW, this CIVIL ACTION - LAW NO. 09-7596 CIVIL LICENSE SUSPENSION APPEAL ORDER /9 ' day of November, 2009, hearing in the above-captioned matter set for December 3, 2009, is continued to Tuesday, February 23, 2010, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, _,' errence J. McGowan, Esquire For the Appellant Philip Bricknell, Esquire For the PennDOT :rlm ':? 1£S Kevi . Hess, J. ALED--"ORIC OF THE PROTH NIOTAPY 2009 NOV 19 AM 10: 2 3 r E:tlJNSY ,V;-4"v'A