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HomeMy WebLinkAbout01-3225 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS RYAN LEUSCHEN, ~ Petitioner : APPEAL OP LIO~wss SUSPENSION TO: THE HONORABLE JUDGES OF SAID COURT: Petitioner, Nicholas Ryan Leuschen, by his attorney, Kenneth F. Lewis, petitions the Court to appeal the suspension of his driver's license and in support thereof offers the following: 1. Petitioner Nicholas Ryan Leuschen resides at 919 Acri Road, Hechanicsburg, PA 17055. 2. By letter dated Hay 21, 2001, PennDOT notified Petitioner his license was to be suspended for violating 75 Pa.C.S. S3362 (exceeding maximum speed). A copy of the notice attached hereto. 3.Petitioner's suspension is scheduled by PennDOT to begin June 25, 2001. 4. Petitioner is permitted to appeal the suspension of his license to the Court of Common Pleas. WHEREFORE, Petitioner respectfully requests the Court to schedule a hearing on the subject suspension and to issue a stay of the suspension pending such hearing. Respectf~ly submitted, I.D. $60383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 COHXON~EALTII OF PEHHSYLVANIA .... DEPARTHENI OF ;RAFlSPOR'rATION .... Buresu of Dr4ver Licensing Hail Date; HAY 2]° 2003 ~1 ACR! R~ PROCE;;/NG ~AT£ FlECHANZCSBUR& PA l?OSS )ATE OF BZRTH ,/ Dear HR, LEUSCHEH; This ts an Oft'ioi&l Hot,ce O~ ~hm Su~en~ton of your Privilege 8s idthorJzed by Section IS3BE of the Pennsylvania Vehicle Code. As a resull of your 05/11/200] conv~Gt~on of v~oll~ng 5ect~on ~2 of ~he Vehtcle Code, EXCEED~HQ ~AX~-. HUH SPEED, on 05/04/2001: ~ Your driving privilege Js 6U~PENDED fOP a ~eP~ ~ 90' follo~ the Instructions Iff this letter far COFlPLYZHG WITH THZS SUSPENS~OH, PAY[HG THE RESTGRA~ZON FEE ~nd PROVTD;NG omrmfullY. Even Sf YOU have uenved all the t~me on the ouopene~on/rovoeat~on, we clflflot re~torm VOUP dr~v~flg ~P~v- ~~~~f~GFF .......... Y=u molt return mZZ current Pennsylvania dr~vmr~s cords) ~fl your possession on or- before 06/25/2001. You may surrender these ~tems before, 06/25/2001, for earlier credit; ho~ever, ~ou may nut dr~ve after these i~ems are YOU MAY ~T RE?AZN YOUR D~VEReB LZCEHBE FOR PURPOSBG. HaNover, ~,ou mmy apply for and obtain a ~hata of ~9.g0. You mu~t ~resent t~o (2) forms of ~roper Jden- t~fJcation (e.g., b~rth c,r~f~cate, va)Id U.S. passport, marriage ~ert~fjfate, eta.) ~n GPde~ ta obtain your ~hoto Jden~J ficot~on card. Ol13&9~859SO&9~ .... ~RQV~DZNG PROOF OF Z#SURANCE N~thJfl the list S0 days of your iuspensSon, we wA~Z send you s )otter asking that you provide proof Of Ansuranoe at that wllX be needed ~f you do not own a vehicle reSistered In Pennsylvania. ze~oPtent~ P~oa~a make sure that PennDOT ~s not~fied ~f you move from your current mddress. You may notify PennPOT of your mddress change by calltn~ Iny of the phone numbers ~$sted a~ ~he end at this ~ett~r. ..._ -.. RpPEAL You have the ri;ht to lpPim] this action to the ¢o~mon Pleas (C~v~Z D~visSon) ~ith~n ~0 days de'~-,-~J~r-~r~ ~lF~-~-~'f~thts' ~etter. %f you f~Xe in e~peaX in the ~ounty gouft, the ¢oumt ~lll give - 0i razed, you must sYnd'thAs time-stamped certified copy of the aPpea! by certified msAl to; PennsyZvan~e Department of Transportation Office of Chief Third F~oer, R~verfront Office Center Hsrrisburg~ PA Remember, this ~s an OPFZC2AL NOTZGB OF SUIPENSZON. You ,uat return aZ! current P~nnsy~vanLa driver license prodUCtS to PsnnDO~ by 06/2S/2OOZ. Rebecca L. lickley, Director Bureau of Dr~ver L'lGens].na SEND FEE/LZCENSE/DL-1&LC/TO~ ZHFORHAT~OH (7:00 AH TO 9:00 PN) Daeertma~t ev Trana~ortat~on ZN STATE ~-800-9~2-q&00 Bureau of Driver Llceflsine OUT-OF-STATE P.O. Box 6B&93 TOD ZN STATE l-8BO-22E-0676 Harrisburg, PA ~7~0&-S&~ TOD OUT-OF-STATE ~ hereby verify that the statements made in the fore document are true and COrrect. ~ herein are made subject ~..L understand that false et ~ .... 4904, relatin- t -vune Penalties of ~ o Unsworn falstfic~;~- ~ 8 Pa.c.$. Sectio~ ~--~. =o authorities. Dated:/" cOMMONWEALTH OF PENNSYLVANIA .' IN THE coURT OF COMMON PLEAS OF .. CUMBERLAND coUNTY, PENNSYLVANIA v. :No. NICHOLAS RYAN LEUSCHEN, : Petitioner : AND NOW, this ~ day of ~, 2001, upon consideration of the within Petition, it is hereby ORDERED and DECREED that a hearing n this matter be held on the ~day of ~/¢ ,2001, ~n courtroom No. ~ at//:~ o'olock ~ .m., in the cumberland County Courthouse. A Stay of Petitioner's License Suspension is hereby issued pending the disposition of the Appeal. BY THB~ · . Di~ . PA 17102 ~.-.' s .- 1101 N. Front St., Hbg , office of chief Counsel~ Thmrd Floor, PennDO~, Rlverfront office Center, Harrisburg, PA 17104 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. = NO. 01-3225 NICHOLAS RYAN LEUSCHEN, ' ~'~"', 'L ~:~ ~----/,°~44/_ L~I ~ Petitioner : AND NOW, this ~ day of July, 2001, it is hereby ORDERED and DECREED that the hearing on Petitioner,s driver,s license suspension appeal scheduled for July 27, 2001 is continued so that the underlying offense which is the basis for the suspension may be resolved. This matter shall be held on the ~___~day of October, 2001, in Courtroom No. 5 ~at:~o'clock ~ .m., in the Cumberland County ~house. ~DWARD E. GUIDO, j. Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 PennDOT, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF CONNON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3225 NICHOLAS RYAN LEUSCHEN, : Petitioner : PRAECIPE TO WITHDRAWAL APPEAL OF LICENSE SUSPENSION TO THE PROTHONOTARY: As the suspension which is the subject of the above appeal has been withdrawn by PennDOT (thus making the Petition moot), please withdraw the Petition and cancel the hearing scheduled for October 12, 2001 before the Honorable Edward E. Guido. DA?E: 8/16/01 I.D. ~69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136