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Home My WebLink About11-1358C) IN THE COURT OF COMMON PLEAS OF C= CUMBERLAND COUNTY, PENNSYLVANIA r COMMONWEALTH OF PENNSYLVANIA V. MARK D. LINCOLN Defendant X Z:;u CIVIL, ACTION- LAW ( s No, 1?-? 35?' GIN f '= License Suspension Appeal rn -icy APPEAL OF OPERATOR'S LICENSE SUSPENSION r*? c? -o x And now, comes the appellant, Mark Lincoln, by and through his attorney John Mangan, Esq., and respectfully appeals the suspension of driving privileges. 1. The Appellant, Mark Lincoln, operator number 19631555, resides at 125 Frost Rd., Gardners, PA 17324. 2. Appellant received an official notice of suspension dated January 05, 2011. (See EX 1). 3. The aforesaid period of suspension is for 18 months, effective 11/18/10. 4. Appellant plead guilty to a DUI in York County and was sentenced to a first offense third tier penalty of 72 hours of incarceration. (See attached sentence Order). 5. Appellant asserts that PennDOT should also be suspending his license according to a first offense DUI for a period of one year and no mandatory ignition interlock. zy/?i J angan, Esq. 1 87000 17 West South Street Carlisle, PA 17013 717-241-2446 ? ,?gq?.oo Paal j ?.? ?.uSYs ,?asy?Sy ATTORNEY VERIFICATION Undersigned counsel, John Mangan, Esq., hereby verifies and states that he is the attorney of record for Appellant and is authorized to make this verification on appellant's behalf. The facts set forth in the foregoing petition are true and correct to undersigned's best knowledge, information and belief. Undersigned is aware that false statements herein are made subject to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Jo M an, Esq. ID 87000 17 West South Street Carlisle, PA 17013 717-241-2446 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 05, 2011 MARK DOUGLAS LINCOLN WID # 103636680906705 001 125 FROST ROAD PROCESSING DATE 12/29/2010 DRIVER LICENSE # 19631555 GARDNERS PA 17324 DATE OF BIRTH 12/07/1961 Dear MR. LINCOLN: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2II of the Pennsylvania Vehicle Code. As a result of your 11/18/2010 conviction of violating Section 3802A1 of the Vehicle Code DUI GENERAL IMPAIRMENT on 06/03/2010: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/18/2010 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, 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 SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must, return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession IMMEDIATELY. 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 $13.50. 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. 103636680906705 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: 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 begins. 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. PRISON RELEASE REQUIREMENT The Court of YORK COUNTY, Court Number 5268, Court Term 2010 has sentenced you to serve a prison term for this violation. Pursuant to Section 1541(a.1) of the Vehicle Code, you will not receive credit for this suspension/revocation or any additional suspension/revocation until you complete your prison term and you have complied with the requirements listed in this letter. The Court must certify your completion to PennDOT. You may wish to contact your probation officer and/or the Court after your release to make sure that PennDOT is properly notified. 103636680906705 COURT ORDER TREATMENT PROGRAM Pursuant to Section 1548(d) of the Vehicle Code, the Court of YORK COUNTY , Court Number 5268, Court Term 2010 has ordered you to attend a treatment program for alcohol or drug addiction. As a result of the court order, this suspension/revocation shall remain in effect until the Department is notified by the above Court that you have successfully completed treatment and you are otherwise eligible for restoration of your driving privilege. 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". IGNITION INTERLOCK Before your driving privilege can be restored you are required by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approximately 30 days before your eligibility date. 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. 103636680906705 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JANUARY 05, 2011, 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 IMMEDIATELY. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4600 TOD 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 COMMONWEALTH OF PENNSYLVANIA VS In the Co!.lrt of Common Pleas of York County, Pennsylvania Criminal Division Docket.No CP-67-. -_ f X Charges: (-; Warrant Issued [- Warrant W/D SENTENCE ORDER Intermediate P Anishment AND NOW, this day of f. 20 '.>) , the defendant having j Intermediate Punishment State IP r ICount,? N, Months/Years First ` y Days/Months YCP 'Followed By: days/month's House Arrest. 'Electronic Monitoring dDay Reporting.-' ?f day/mo Int. Suprvsn ?, ?•'p 4Frr. L 11 Costs Fines z* Restitution Other , I j been found Guilty n,, pled Guilty ['I ? pled Nolo Conten is sentenced to: Co!ynt YCP/SCI_ - J 2 to ?. ?; 41 Probation- __vr_ _mo --days Merges w/ Cnt Is Conct/Consec to Cn it I I Mandatory Non Mandatory Section 17 Y N Costs Fines lid" (j Restitution Count YCP/SCI_ to Probation r mo da s Merges \At/ Cnt Is Conct/Consec to Cnt Mandatory Non-Mandatory Section 17 Y N (- Costs Fines Restitution 1C6unt YCP/SCI_ to Probation yr mo days Merges w/ Cnt Is Conct/Consec to Cnt Mandatory Non-Mandatory Section 17 Y N M Costs Fines- n Restitution ,All remaining counts are nolle prossed This Sentence shall be effective- t_ontinued to This Sentence shall be concurrent/consecutive to case(s): F"- PADL Surrendered Court Notification of Prohibiting n Offense -Title 18- r-7 r)I 1A tiihmittprl Cnntrollprl Siihctanra ?ort to YCP Anger Management jBatterer's Intervention In Patient Treatment Out Patient Treatment Other: D/A Eva I MH Eval Highway Safety Hrs Commty Service Outmate Boot Camp RRRI RRRI Min_ '-louse Arrest :supervision transferred tc i ne YorK county Nnson is directed upon completion of his/her r:.inimum sentence the defendant shall be released without a petition upon approval of a suitable parole plan by York County Probation. If defendant violates parole after serving a state sentence in YCP: he/she shalt serve the balance of his sentence a State Correctional Facility. Defendant is eligible for any county re-entry programs. L1 Per stipulation, it is ordered that the defendant receive credit of days time served. Absent stipulation, it is ordered that defendant receive credit as required by law for all time spent in custody as a result of these charges for which sentence is being imposed. The Court also directs that the defendant shall pay the court costs/fines as assessed by the Clerk of Courts and be subject to such conditions governing probation, including a plan for the payment of costs, fines and restitution as established by the York County Probation Office, or the PA Board of Parole, as applicable. Court Reporter. Distributed to: District Attorney Defense Counsel/Defendant Probation E IDU d Judge Certificate of Service I, John Mangan, Esq., attorney for appellant, hereby certify that a certified copy of the appeal from license suspension has been duly served upon the Department, by placing such in the first class US mail certified mail postage prepaid addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION- LAW (R- V. No. 1-(S S g C ? Vjc i Te w MARK D. LINCOLN Defendant ORDER License Suspension Appeal AND NOW, this qt; day of February 2011, in consideration of Mark David Lincoln's Appeal from suspension of operating privileges, it is hereby ORDERED and DECREED that a hearing be held on the `1 t day of 2011 at ?0 and in Courtroom number of the Cumberland County Courthouse. A supersedeas is granted until such time as the Court resolves this appeal. -x2 W16i, Cc: ? John Mangan, Esq. ? ll 4 W /Pennsylvania Dept of Transportation, Office of Chief Counsel J. ?,o =D rTr mar= o -° cis :rM ca COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW MARK D. LINCOLN, NO. 2011-1358 CIVIL TERM Petitioner/Defendant LICENSE SUSPENSION APPEAL IN RE: APPEAL OF DEFENDANT SUSTAINED ORDER OF COURT AND NOW, this 5th day of May, 2011, after hearing, the court makes the following findings: 1. The report to PennDOT represented by page two of their Exhibit No. 1 is in error and should read that the defendant pled guilty to an ungraded misdemeanor. 2. The record of PennDOT is correct that the conviction and offense for the two DUI's were within ten years of each other, therefore, The appeal of the defendant is sustained, and this matter is remanded to the Department of Transportation for the correction of their records in accordance with the findings of the court. Philip Bricknell, Esquire For PennDOT John Mangan, Esquire For the Defendant bg By the Court, -, ?,/ ?,, / ? IL Keviry A. Hess, P.J. r_J 00P M QCb tra ? rn -<> 4 C -?? -q =-n CD `i .r.1