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Home My WebLink About01-2774 DANIEL L. HODGES, : IN THE COURT OF C(~4MON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 69/- ~77~ ~/ V. : : : CO~ONNEALTH OF PENNSYLVANIA, : Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : Appellee : AND NOW this /~ day of '.~_~ 2001, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this day of ~ 2001 at matter on the ~/p.m. in Courtroom No. ___~___~of the Cumberland County Courthouse, Carlisle, Pennsylvania. 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: Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 DANIEL L. HODGES, : IN THE COURT OF CC~MON PLF2%S OF Appellant : CU~IBERLAND COUNTY, PENNSYLVANIA : : : NO. V. : : : COMMONWEALTH OF PENNSYLVANIA, : Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension B~U OF DRIYER LICENSING, : Appellee : AND NOW comes the Appellant, Daniel L. Hodges, by and through his attorney, Marlin L. Markley, Esquire, and respectfully avers the following: 1. Appellant resides at 1810 Pine Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Appellant received a notice dated April 3, 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 two years, effective suspension date May 15, 2001, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. The Appellant filed a Sun~ary Criminal Conviction Appeal before your Honorable Court on April 23, 2001 regarding his conviction on March 26, 2001. 4. The Appellant submits that there has 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. 5. There was insufficient evidence to convict the Appellant. 6. The Appellant denies he committed the offense. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the ~tter and to reverse the Department's Order to suspend his Pennsylvania operating privileges. Respectfully submitted, Marlin L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: DANIEL L. HODGES, : IN THE COURT OF CC~MON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. v. : : CO~tMONWEALTH OF PENNSYLVANIA, : Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : Appellee : CERTIFICATE OF SERVIle- 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, Marlin L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ~/ /~ ~,7 /~&;f ID# 84745 Tel. (717)763-1800 Date: DANIEL L. HODGES, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. v. : : : C(I~MONWEALTH OF PENNSYLVANIA, : Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, : Appellee : ATTO~NEYVERIFICATIO~ I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Daniel L. Hodges, hereby verifies and states that: 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; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 5. 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. Respectfully submitted, l~rli~. Markley, Esquire 2108 Market Street, Aztec Building Date: 5/7/~ ~/~( Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Exhibit A flsrrtsbur~'. APRIC ~u, ~A#SEL CARP HZLL PA Dear 14R. HO~)GE~JI e~.:~on on 0~-/2B/200~' of v:~O~at:~ng · your dr~vSng - of your v~O~ ._~.a reSUlt s re~u~-- f As a 6~08 (offense m per~od o the veh$C~e code. eturn any . _ ~ ~ceflSe (ca . ~ ---arY ~r~ver s ...craVe da~e *~=.:= you are requz~e~ ~eg - -alerting thLS ~ureau r under · for proseCUt$on hLc~e ~ou-. that your ~rzv-,,- ur ~cense, mandates render yo u h the ~aff ou do not sur ~ ~.4ver'S ~cense A~tho g .- 'on even tf Y~.. _~ current "'- ._..G.. your tiff er suspensz ~ ...4 uflcz~ orodUCt(S)' .... :...a tn th~S uur .... _ ....,.cD6E. 8E ~ZLL 5c. ..ye'-coNTACT THE DEPA~.o. SERVZN6 TH~6 HEHT~ _ ,,.~uTH ~5 u------ --~UCN cREDiT RECE;PT w~-~,, ~ZLL HOT BE -oTHER~ZSE~ ~uu - SAN CT; 0 H · The effeot~Ve da~O of luopenl~On p~emse see the enclosed IPP~GBt~Ofl for Kes~OtltSOfl fee ~n- formmt~on · ea~ the Department's ve the right to mPPvt2 Division) ~ttht~EAEE NOTE that '~ date (APR;L ~' '~n addition to a.~ -~ ~; from the crim,na'" .... ---ED NA, L TO, THE APPEAL NuET BE BENT BY ~r~"R~vERFRONT oFFiCE CENTER THIRD FL~XEBURO, PA. SincerelY' cca L. Btc~e¥, DirectOr Rebe - ~-4ver Licensing Bureau OT /L~CENSE/DL-~&LC/TOt ~H STATE 7%?.39~-6~9o SEND ~EE ~ .~ TranspOrtation OUT-OF-STATE Depar~men~_'~__. icensing TDD ;~ STATE ~.800-228-067& Bureau of ,rzw- L TDD O~T-OF-STATE 7~?_$9~-6~9~ ~.0. sox 68693 Harrisburg' PA ~?~o&-a&9$ DD2ffIEL L. HODGES, : IN THE COURT OF COMMON PLEAs OF Appellant : V : CUMBERLAND COUNTy, PENNSYLVANIA : CIVIL ACTION _ LAW COMMONWEALTH OF : NO. 01-2774 CIVIL TERM PENNSYLVANIA, DEPARTMENT : OF TRANSPORTATION, BUREAU : APPEAL OF OPERATORS LICENSE OF DRIVER LICENSING, : SUSPENSION Appellee : IN RE: APPEAL WITHDRAWN AND NOW, this 27th day of July, 2001, this matter having been called for hearing, the within appeal is withdrawn, and the suspension of the petitioner.s operator,s license is reinstated· By the Court, George H. Kabusk, Esquire Ke~. Hess, j. -- Office of Chief Counsel Department of Transportation For the Commonwealth Marlin L. Markley, Esquire For the Petitioner :bg