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Home My WebLink About11-1185v ' COMMONWEALTH V. JOHN WALTERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 2011- : MASLAND, J. z rn a? ? r =? ni i W c? ;J) ca -ri rn ea d ?rn APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW, comes John P. Walters, Appellant, by and through his attorney, Drew F. Deyo, Esquire, and in support of this Supersedeas, respectfully avers the following: 1. Appellant resides at 31 Eastwick Lane, Carlisle, Pennsylvania 17015. 2. Appellant received Notice from the Pennsylvania Department of Transportation dated October 18, 2010, stating that as a result of his conviction of violating the Pennsylvania Vehicle Code on July 21, 2010, his driving privilege was being suspended for a period of fifteen days, effective November 29, 2010. A copy is attached hereto as Exhibit "A". 3. Suspension is improper in that: (a) Fundamental fairness and due process will be violated because Appellant's conviction for violating the Pennsylvania Vehicle Code is currently under appeal, but his license has already been suspended. (b) Appellant, although he has surrendered his license to the Pennsylvania Department of Transportation, has not received any credit toward his suspension time because his conviction is currently being considered on appeal. (c) Appellant is not eligible for a delay of suspension under Title 75 § 1555 of the Pennsylvania Vehicle Code because he has already surrendered his license. (d) Fundamental fairness and due process require that Appellant's license be returned to him pending the outcome of his appeal to the Superior Court. WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a. Supersedeas pursuant to the Vehicle Code. Respectfully submitted, ROMINGER & ASSOCIATES Drew F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID 308857 Attorney for Defendant Date: a/( /I COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW No. 2011- JOHN WALTERS : MASLAND, J. CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Notice of Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date:_a11 4 11 Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Pennsylvania Department of Transportation Respectfully submitted, ROMINGER & ASSOCLATES Drew F. Deyo, Esq u e 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID 308857 Attorney for :Defendant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 25, 2010 JOHN PATRICK WALTERS WID # 102916180295266 002 31 EASTWICK LN PROCESSING DATE 10/18/2010 DRIVER LICENSE # 22642418 CARLISLE PA 17015 DATE OF BIRTH 04/29/1971 Dear MR. WALTERS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code. As a result of your 07/21/2010 conviction of violating Section 3714A of the Vehicle Code, CARELESS DRIV- ING, on 12/28/2008: ¦ Your driving privilege is SUSPENDED for a period of 15 DAY(S) effective 11/29/2011 at 12:01 a.m. Instead of assigning points to your driver's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver's license record. There- fore, PennDOT is assigning this additional 15 DAY(S) sus- pension to your current suspension. This suspension is in addition to any other suspensions al- ready on your record. 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 11129/2010. You may surrender these items before, 11/29/2010, 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 iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. 102916180295266 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 nota- rized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return year 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 con- firming the date that credit began. If you do not re- ceive 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 pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. 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 25, 2010, of this letter. If you file an ap- peal 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 certi- fied 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 11/29/2010. 102916180295266 Sincerely, 9?w ?-- - L W, 0*() Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p•"!s 1-800-228-0676 IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us NOV 0 d 2010 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v JOHN P. WALTERS NO. CP-21-CR-521-2009 NOTICE OF APPEAL NOTICE IS HEREBY given that John Walters, Defendant above named, hereby appeals to the Superior Court of Pennsylvania from Sentencing Order of October 12, 2010, in the above- captioned criminal matter. The Order has been entered in the docket as evidence by the attached copy of the docket entry. Respectfully submitted, ROMINGER & ASSOCIATES ?- / 7 " C Dr . Deyo, Esquire Supreme Court ID #308857 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Dated: !? COMMONWEALTH V. JOHN WALTERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 2011- I f ?/{j a _.,.r rric-7 -n MASLAND, J. =m M cv -o r p 70 C:)? ORDER OF COURT = - - CZ) AND NOW, this 7 day of , 2011, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a hearing on the matter shall be held on the 5-tk day of at 14'47) o'clock - 42, m. in Courtroom No. of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves this appeal. By the Court: -? J. Distribution: ?PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront= dffi Center, Harrisburg, PA 17104-2516 , Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 Drew F. Deyo, Esquire 77 NY iez a jjjll 00 4 a COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW; No. 2011-1185 = _, MUD :X T3 --•C JOHN WALTERS MASLAND, J. [) ?M ? w C?; MOTION TO CONTINUE LICENSE SUSPENSION HEARING k = ' AND NOW, comes John Walters by and through his counsel, Drew F. Deyo, Esquiteana= in support of his Motion to Continue License Suspension Hearing avers as follows: 1. A License Suspension Appeal was filed on or around February 2, 2011. 2. A hearing was subsequently scheduled for May 5, 2011, at 11:00 a.m. 3. The parties are still in negotiations regarding the suspension and are trying to resolve the issue prior to a hearing being held. 4. Phillip Bricknell of the Department of Transportation has been contacted and he concurs with the continuance request. WHEREFORE, your petitioner is respectfully requesting a continuance of the hearing now scheduled for May 5, 2011, to a new date and time. Dated: 'V-5/1/ Respectfully submitted, ROMINGER & ASSOCIATES Dre . Deyo, Esquir Supreme Court ID # 308857 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Counsel for Defendant COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW No. 2011-1185 JOHN WALTERS MASLAND, J. CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Appellant, do hereby certify that a true and correct copy of the within Motion to Continue License Suspension Hearing was served upon the following individuals on the below date, by placing same in the United States Mail, first-class postage prepaid, addressed as follows: Phillip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, ROMINGER & ASSOCIATES Dated: Supreme Court ID # 308857 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Counsel for Defendant I , COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL,XANIA : CIVIL ACTION LAW rn V . X r l No. 2011-1185 -? r-° rE GA3 -G? 1 uy ;:0 t. 7 C JOHN WALTERS MASLAND, J. D C : ,. ORDER OF COURT' AND NOW, this .? day of 4,e= , 2011, upon consideration of the within Motion to Continue License Suspension Hearing, the Motion is granted and the Defendant is hereby directed to appear on the Y4day of 2011 at /4 W o'clock G _ m. in Courtroom # 7 , at the Cumberland County Courthouse in Carlisle, PA 17013. By the Court: J. Distribution: Drew F. Deyo, Esquire a„t?'?` ? ?oPies n A Phillip Bricknell, Esquire 5141I Penn Dot A Z6 4 JOHN WALTERS, Appellant V COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT: OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-1185 LICENSE SUSPENSION APPEAL<'- o ?? CrJ IN RE: APPEAL WITHDRAWN = ?? IV ORDER OF COURT Po AND NOW, this 26th day of May, 2011, on motion of counsel for the appellant, the within appeal is withdrawn. By the Court, Christopher J. Johnson, Esquire Pa. Department of Transportation Office of Chief Counsel 'e For Commonwealth ? Mark F. Bayley, Esquire For Appellant COP 6g 1'ur• 513''IPKg rn? `? rn C) s? ?C-) M, 1=' :bg