HomeMy WebLinkAbout02-0148VS.
Commonwealth of Pennsylvania
Department of Transportation
Appellee
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:
: Fi e No. 02-/
~ IONFO -J~' ~N
R APPEAL FROM A SUSPENSION OF OPERATING
DENIAL OF DRIVER'S LICENSE / SUSPENSION
1. Appellant herein is I/"Y~Z_[;¢
residing at and having a m&iling address of:
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, ~,~ving a mai~ing address of:
V' Department of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
Departme:~t of Transportation, Bureau of Motor Vehicles, Harrisburg,
Pennsylvania 17123.
3. By letter or notice dated '~c~\~_, o1,00~ , a copy of which is attached
hereto as Exhibit A, the De3artment of Transportation
/
"ordered ApPellant to surrender his / her operating license / motor vehicle
registration for a period of ~)
denied the issuance / renewal of a driver's license.
4. Supxrsedeas:
~/ Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retaining driver's
license until final determination of the suspension of operating privilege.
Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the
App6ilant must be held before the Court of Common Pleas before an order of
supe~sedeas can be issued.
Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle
regis .ration until final determination of the suspension of registration.
5. The said suspension of Appellant's operating privileges / registration is
improper or unlawful for the following reasons:
&~l~t r*~St*~O'req;ests that this ma~er-b; set down fora hearing a;~ that
the crder of suspension / order of denial be set aside.
Respectfully submitted by,
-2-
I verify that the statements made in this Petition are true and correct. I
unde-stand that false statements herein are made subject to the penalties of 18
Pa.C S.A. § 4904, relating to unsworn falsification to authorities.
Date ~1 ~ IO~ ~~') ~~~-
· L - ' I Al~pell~nt
$0.3,1
~ ~o.t.g,~ $2.10 0055
~ OsSified Fee ~1 · ~0
Return R~lpt F~
~ ~m~t~.~ *~ ~ 01/11/2002
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01/1-1/2002 (~7)697.4641. 12:00:39
Pro~uC~ Sa~e Unit Ftnsl
Description 0tY price price
$o.1-o
Miscellaneous purchases
A[C: 93
pack prod Sales $0.34
NARR~SBURG PA 1-71-04
~$t-C~ase $1,50
Rs~urn RsceiP~ $2.~0
Csrttftsd
Lsbsl Ssrtsl #: ?001-1-9400006285~660------28
Issue PV[: $3.94
=~
$4.04
Total:
Paid ~Y: $4,04
Cash
Bill#: [000300687851-
ClerK: t3
Refunds only per OW4 p01-4
_.-- Thank you for your business ------
Customer CopY
APPELLANT
V
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION BUR_EAU OF
DRiVER LICENSiNG
,dt:l{ l 0 2002
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ORDER OF COURT
AND NOW, this Z~,~d_ ay of } 2& ~ a;
shall be held on/,14t- day of ~
at the Cumberland County Courthouse.
,2002,.based upon Appellant's Appeal, a hearing
,21M,;~, in Courtroom [ at/-'3d o'clock~_.m.
-~j~?¥. oF q'r~s ·
)
'~INVA'I],SNN3d
,~LNNO0
MARLIN W. GRIMWOOD, III,
Appellant
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. 02-148 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of April, 2002, upon
consideration of the appeal from license suspension filed
in the above-captioned matter, based upon a conviction for
violation of Section 1371 of the Vehicle Code, and
following a hearing at which it appeared that the present
appeal is a "collateral attack" upon the underlying
conviction that occasioned the suspension, the appeal is
denied, and the action of the Appellee/Respondent,
Commonwealth of Pennsylvania, Department of Transportation,
dated Dece~f~er 12, 2001, is affirmed.
It is noted that counsel for the
Appellee/Respondent has indicated to Appellant/Petitioner
that there is a possibility that he could obtain a license
which would enable him to travel to and from work. The
Court has also advised the Appellant/Petitioner of the
possibility of filing a petition for an appeal nunc pro
tunc from the underlying conviction, followed by a new
petition for appeal from the suspension of his license.
By the Court,
~arlin W. Grimwood, III,
/ 57 Rolo Court
Mechanicsburg, PA 17055
Appellant/Petitioner
/-~;orge Kabusk, Esquire
For Appellee/Respondent
~W~21ey 0~,- Jr-.,~J.
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