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Home My WebLink About11-6501' F:\FILES\Clients\14315 Clancy\14315.I.pet.appeall r Revised: 8/17/II 2:56PM JEFFREY MITCHELL CLANCY, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS O " :-' CUMBERLAND COUNTY, PENN VAN IA-- Xz- NO. 1 U S O 1 Ckvi \ CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPEAL FROM AN ORDER OF THE DIRECTOR OF THE BUREAU OF DRIVER LICENSING AND, Now comes Petitioner Jeffrey Mitchell Clancy, by his attorneys, MARTSON LAW OFFICES, set forth the following: Petitioner is Jeffrey Mitchell Clancy, an adult individual residing at 1447 County Line Road, Huntington Valley, PA 19006 2. On July 19, 2011, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of two years effective August 23, 2011. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A." The official Notice of Suspension was for a conviction at the District Justice level for a violation of 18 Pa. C.S.A. §6308(a). 4. The underlying conviction has been appealed to this Court. A copy of that formal Notice of Appeal that was filed with the Clerk of Courts is hereby attached as Exhibit "B." WHEREFORE, the Petitioner requests this Honorable Court to stay or delay the suspension which is set to be effective August 23, 2011. MARTSO AW OFFICES BY George B. ller, Jr., Esquire I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 8/17/11 Attorneys for Petitioner 01 ?9-3. c* tz-d ca H? (?t-* ag3RL? 12 6?- 9(0 SS (0 ? 57 C ! COMMONWEALTH OF PENNSYLVANIA '---- DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 19, 2011 JEFFREY MITCHELL CLANCY WI) # 111936116274340 Ual 1447 COUNTY LINE RD PROCESSING DATE 07/12/2011 HUNTINGDON VY PA 19006 DRIVER LICENSE # 29334571 DATE OF BIRTH 05/19/1991 Dear MR. CLANCY: As a result of your violation on 03/26/2011 Section 6308 (offenses related to alcohol) of violating , our ring privilege is being SUSPENDED for a period of 2y YEAR(S)vi as mandated by section 1532D of the vehicle code. as The effective date of suspension is oa/23/2011, 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 suspension/revocation, we cannot restore the Your driving privilege until all the requirements are satisf ied. Camp Y W TH IS SU N I You must return all current Pennsylvania learner's permits, temporary driver's driver's e licenses, cards) in your possession on or before 08/23/2011• Y(caera oummay surrender these items before, 08/23/2011, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY N50T RETAIN YOUR DRIVERIS LICENSE FOR X0ENTIFICATtON PURPOSES. However, you may apply for a obtain identification card at any Driver LicensenCenter f a photo of $13.50. You must present two (2) for a cost identification (e.g „ birth forms of proper Passports marriage certificate certificate, valid U.S? Your Photo identification card. etc.) in order to obtain You will not receive credit toward serving any suspension until we receive your license(s). Steps to acknowledge this su Complete the following .Pension. 1• Return all current Pennsylvania driver+s learner's permits and/or camera cards licenses, You do not have any of t to PennDOT. If hese items, send a sworn Exhibit "A" 111936116274340 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), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. 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. PAYING THg 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 an the application. 2. Write your driver's license number (listed on the first page) an 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". • , r 111936116274340 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 and of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY 19, 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 tot 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 08/23/2011. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 .m. IN STATE 1-800-932-4600 TDD IN STATE O-800-228-0676 UT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1 717-412-5380 WEB SITE ADDRESS www.d v.state. a.us IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summar Criminal Conviction Name and Address of Defendant: Name and Address of District )ustice: ?-?i,?nty ??p-rr zip j6Q & Signature Decision of District )ustice: Date of Decision M D E '94-r? b4 r?- 3 1- cJ b /L *W 6 e 57 pot 4-SAUAlf (V 0-4 zip 17 25'7 Magisterial District No. Of .7-- -01 se(s) Appealed 1 k,4 ?y ?_1t49` Name and mailing address of officer as shown on citation or complaint rimavvv 1;4-nQS c a J?& pSP ' 115,3b, SaInmeece- Ahs d 4-e u?Gsr , p? / 76 / 3 District justice Docket No. /'T 3a - 0,0// Citation No. ?0 0 cjq?t7 (! ? - S if sentence includes fine and costs amount of which paid: $ ??7 Type or amount of bail furnished to District )ustice, if any. Name and (signature) i vv (printname) lgsd"ot? $ Lf-fG2 / 0 2 • fold hF Te- (address) 0 +?zuS& 0? zip /70/3 Phone: L113 - 3 3VJ Atty. I.D.# Vf 9 /3 ' I he COPY certify that.an appeal had been filed in the above captioned matter. A TRUE, COPY FROM RECORD In Testimony whereof, I here unto set my hand and he seal Of said ourt at Carlisle, PA. This dq t;±?r;? ?, the G Cumberlanri Cn+.nt„ lial-'X . ?b 0 ta-"? C LERK U TS Exhibit "B" JEFFREY MITCHELL CLANCY, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent AND, NOW this 2 4 #4- IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYL CUMBERLANND VAN IA- \ NO. CIVIL ACTION -LAW aM M .. C= c? ` n -.? r-- ' ? r .. N ;J r T1 za -n I JURY TRIAL DEMANDED - ORDER day of August 2011, upon consideration of the foregoing Petition for Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the suspension of his operating privileges as set forth in the Petition. 3 A hearing is sched ed in Courtroom No. of the Cumberland County Courthouse on the 3d day of , 2011 at /O - *Od A.m., at which time the issues raised in this Petition will be heard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on July 19, 2011 and relating to the suspension of Petitioner's license effective on August 23, 2011. Petitioner's counsel is directed to serve a coy of the attached Petition and this Order on the appropriate offices of the Pennsylvania Department of Tr rtation. B TH , J. cc: George B. Faller, Jr., Esquire ? Office of the Chief Counsel of PennDOT Owes Mal bias ax?S F_TrLESTlients\14315 ClancyV14315.I.pra JEFFREY MITCHELL CLANCY, Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I1-6501 CIVIL ACTION - LAW COMMONWEALTH OF cu. PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, r*?im ) Respondent JURY TRIAL DEMANDED - , -• CA S r? PRAECIPE b} C r CD Tot the Prothonotary: , Please withdraw Petitioner Jeffrey Mitchell Clancy's Petition for Appeal in the above-- referenced matter. MARTSON LAW OFFICES By: ? QT George B. Faller, Jr., sq ' e I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?/tz 11-1( Attorneys for Petitioner CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip M. Bricknell, Esquire Assistant Counsel Department of Transportation Office of Chief Counsel - Vehicle & Traffic Law Division River Front Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 MARTSON LAW OFFICES By 77'(2e-e-' M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9' 4e `/