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Home My WebLink About01-0694DANIEL L. HODGES, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~=NIA Appeal of Operators License Suspension APPF~AL OF LICENSE SUSPENSION AND NOW comes the Appellant, Daniel L. his attorney, Marlin L. Markley, Esquire, the following: 1. Appellant resides at 1810 Pine Street, County, Pennsylvania 17011. 2. Hodges, by and through and respectfully avers Camp Hill, Cumberland The Appellant received a notice dated January 26, 2001, that as a result of his alleged violation of Pennsylvania Crimes Code Section 6308, offenses related to alcohol, his driving privilege was being suspended for a period of one year, effective suspension date March 2, 2001, at 12:01 a.m. copy of the Notice is attached as Exhibit "A". 3. The Appellant filed a Summary Criminal before your Honorable Court on or January 3, conviction on December 4, 2000. 4. The Appellant submits that there has A true and correct Conviction Appeal 2001 regarding his not been a final disposition of his appeal and that he would be unduly prejudiced if the suspension were to be imposed at this time. 6. WHEREFORE, Honorable Court and to reverse operating privileges. There was insufficient evidence to convict the Appellant. The Appellant denies he committed the offense. your Appellant respectfully requests your to schedule an evidentiary hearing on the matter the Department's Order to suspend his Pennsylvania Date: Respectfully submitted, Marlin L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 DANIEL L. HODGES, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Respectfully submitted, M E ' 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 DANIEL L. HODGES, Appellant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension ATTORNEY VERIFICATION I, Marlin L. Markley, Esquire, undersigned counsel Appellant, Daniel L. Hodges, hereby verifies and states that: for 1. I am the attorney for Appellant, Daniel L. Hodges; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. So Date: Respectfully submitted, Marl%n L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 171Z$ JANUARY 26, 2001 DANIEL L HODGES 1810 PINE STREET CAMP HILL PA 17011 010196101469405 001 01/19/2001 26032550 12/11/1981 Dear MR. HODGES= As a result of your violation on 09/$0/2000 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of I YEAR(S) as mandated by section I552D of the vehicle code. In order to comply w/th this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's 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 privi- lege. Fa/lure to comply w/th this notice shall result in this Bureau referring this matter to tile Pennsylvania State Police for prosecution under SECTION 1571(a)(q) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, CPedlt 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 DEPARTNENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTHENT INNEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~ectlve date of suspension ts 03/02/2001, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. You have the right to appeal the DepaPtmentts action to the Court of Common Pleas (C/vi! Division) within $0 days of the mail date (JANUARY 26, 2001) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. THE APPEAL MUST BE SENT BY CERTZFZED MAZL TO: PENNSYLVANZA DEPARTMENT OF TRANSPORTATZON OFFZCE OF CHZEF COUNSEL THZRD FLOOR, RZVERFRONT OFFZCE CENTER HARRZSBURO, PA. 1710q Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENgE/DL-16LC/TO: Bepartment of Transportation Bureau of Driver Licensing P.O. Box 6869~ Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AN TO 9:00 PM) 1-800-932-4600 717-$91-6190 1-800-228-0676 717-391-6191 [[] nm ][ .[.. [[ ..· IIIlllllll '~ /181HX':I DANIEL L. HODGES, Appellant Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension ORDER OF COURT AND NOW this ~'~ day of ~J3~ 2001, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that matter on the ~c~ day of I.~a-a~c./p.m. in Courtroom No. ~ Courthouse, Carlisle, Pennsylvania. a hearing shall be held regarding this C~ 2001at of the Cumberland County A supersedeas is granted pursuant to Vehicle Code Section 1550(b) (1) until such time that this honorable court resolves this appeal Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, Third Floor, PA 17011 DANIEL L. HODGES, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-694 CIVIL LICENSE SUSPENSION APPEAL AND NOW, this a(.9'- day of filed in the above referenced matter is: ORDER ,2001, the appeal __ DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. __ SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. __ WITHDRAWN by the petitioner. REMANDED to the Department to CORRECT THE RECORD to reflect that the motorist was found not guilty of a violation of a violation of Section 1543 of the Vehicle Code which occurred on September 30, 2000, and to RESCIND the one year suspension which was imposed pursuant to Section 1543 of the Vehicle Code, which is the subject of this appeal. __ CONTINUED and RESCHEDULED for the day of , 2001, at __.m., in Courtroom Number 2 in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COU_ R~___, ~ /,,~ DISTRIBUTION: n,' George Kabusk, Esquire, PennDOT, Riverfront Office Center~3rd Floor, 1101 So~ Front Street, Harrisburg, PA 17104-2516 Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011