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HomeMy WebLinkAbout09-8006 ZACHARY J. STONER, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. O Civil Term Appeal From Suspension of Driver's License COMMONWEALTH OF : PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent APPEAL FROM LICENSE SUSPENSION AND NOW comes the petitioner, Zachary J. Stoner, by and through his counsel, R. Mark Thomas, Esquire, and files this Petition of an Appeal from the Notice of License Suspension which he received from the Commonwealth of Pennsylvania, Department of Transportation, and in support thereof respectfully represents: 1. Zachary J. Stoner is an individual who resides at 22 High Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Commonwealth of Pennsylvania, Department of Transportation, Office of Chief Counsel, is located on the Third Floor, Riverfront Office Center, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about August 4, 2009, numerous charges were filed against your Petitioner by the Pennsylvania State Police under a Criminal Complaint docketed at CR-280-09 in the Office of Magistrate Mark Martin. 4. The Criminal Complaint alleged a criminal charge of Fleeing or Attempting to Elude a Police Officer along with numerous traffic citations, one of which was a charge of Reckless Driving Under Section 3736 of the Pennsylvania Motor Vehicle Code and docketed at TR-5140-09. 5. On October 19, 2009, a preliminary hearing was held before Magistrate Mark Martin at which time the Magistrate found that there was insufficient evidence to bind over the criminal charge of Fleeing or Attempting to Allude a Police Officer, but the Magistrate did find the Defendant guilty of all of the summary traffic offenses that have been charged, including Reckless Driving docketed at TR-5140-09. 6. As a result of the Petitioner's conviction of Reckless Driving, the Department of Transportation sent a Notice of License Suspension with a mail date of October 27, 2009. (A copy of the Notice of License Suspension is attached hereto as Petitioner's Exhibit "A".) 7. Your Petitioner believes and therefore avers that the evidence submitted before the Magistrate was insufficient to prove the Petitioner guilty of the charge of Reckless Driving. 8. Pursuant to the official notice attached hereto as Petitioner's Exhibit "A", the Petitioner's license is revoked for a period of five (5) years effective December 1, 2009. 9. Concurrent with the filing of this Appeal of License Suspension, your Petitioner has also filed a Notice of Summary Appeal with the Office of the Clerk of Courts in and for Cumberland County, Pennsylvania, for a Hearing De Nova on the charge of Reckless Driving. 10. Petitioner prays that this Court will stay the suspension effective December 1, 2009, until such time as a hearing on Petitioner's appeal of his conviction of Reckless Driving is heard by this Court. WHEREFORE, Petitioner prays that this Honorable Court will schedule a hearing on the Summary Appeal and stay the suspension until such time as the appeal has been heard. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Petitioner/Appellant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID# 41301 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document by certified mail, return receipt requested, on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: November /8' , 2009 R. Mark Thomas, Esq. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 27, 2009 ZACHARY J STONER WID # 092939283219825 001 22 HIGH STREET PROCESSING DATE 10/20/2009 DRIVER LICENSE # 27018298 BOILING SPRGS PA 17007 DATE OF BIRTH 01/31/1985 -Dear MR. STONER: - This is an Official Notice of the Revocation of your Driving Privilege as authorized by Section 1542D of the Pennsylvania Vehicle Code. As a result of your 10/19/2009 conviction of violating Section 3736 of the Vehicle Code, RECKLESS DRIVING, on 08/04/2009: ¦ You have been designated as a habitual offender because this is your third major violation within a five year period. ¦ Your driving privilege is REVOKED for a period of 5 YEAR(S) effective 12/01/2009 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS REVOCATION, 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 REVOCATION You must return all current Pennsylvania driver's licenses, learner's permits and temporary driver's licenses (camera cards) in your possession on or before 12/01/2009. You may surrender these items before 12/01/2009, 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. ? ?c N-? ? l7- i4 t 092939283219825 You will not receive credit toward serving any revocation until we receive your license(s). Complete the following steps to acknowledge this revocation. 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 revocation 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), camera card(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 revocation. 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 th6 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 vn 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, 092939283219825 Please follow the instructions listed under "Complying with this Suspension/Revocation". 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, OCTOBER 27, 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 REVOCATION. You must return all current Pennsylvania driver license products to PennDOT by 12/01/2009. Sincerely, 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 TOD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 RM"'O-a OF TW PF- ? GNOTARY 204 NOV 18 AM 11: 13 PENNSYLVANIA g 78.E ,Pd- 12r" Cn 1sV i ? 3 3?0 ? ZACHARY J. STONER, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 0,9 - 81" L Civil Term COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Appeal From Suspension of Driver's License ORDER AND NOW, this day of November, 2009, an Appeal from Notice of License Suspension, having been filed, a hearing on the Appeal is hereby scheduled for the day of 2009, at q % 3U o'clock AMfl; in Courtroom of the Cumberland County Courthouse. By the Court, cc: Tce of Chief Counsel, PennDot Mark Thomas, Esquire, Court Administrator RI-ID-OFFICE OF THIE PR, 07f CYNOTARY 2001 NOV 20 APB 11: 0 6 Ct 1P,r t Y ft. A,;A ZACHARY J. STONER, Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8006 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, Respondent DRIVER'S LICENSE SUSPENSION APPEAL ORDER AND NOW, this L y° day of February, 2010, the motorist having failed to appear, the Appeal from License Suspension is DISMISSED. BY THE COURT, ,~ R. Mark Thomas, Es uire q For the Petitioner /Philip M. Bricknell, Esquire For PennDOT ~/ Kevin .Hess, P. J. :rlm ~ N ~ z nn ~ O c ~- ..~ -~ ~, . J ` /, , ~~ ~ J ~ .