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Home My WebLink About12-5057~ i It i C ["° T r ~r.. . „~.~1t '~ .~.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY .- ,~ ~ ~;Iw~)~r~Vrs~EI~~'. GABRIEL T. ALTMEYER, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION ~~/~ ~ ~/~ TO THE HONORABLE JUDGE OF THE ABOVE SAID COURT: AND NOW COMES, Petitioner, Gabriel T. Altmeyer, by and through his attorney E. Hershey of Colgan & Associates, LLC, who makes the following averments in support of License Suspension Appeal: 1. Petitioner, Gabriel T. Altmeyer, is a Pennsylvania licensed driver with a address of 20 West Oakwood Drive, Carlisle, Cumberland County, PA 17036. 2. Petitioner previously resided at 462 Williams Street, Apartment 2, Pitts Allegheny County, PA. 3. Petitioner received a Notice of Suspension for a conviction of Driving U Suspension, which occurred in District Court 39-3-03, in Franklin County. See "Exhibit A" hereto, and incorporated herein by reference. ~~5~i~ ~.~7q3~~ ,~!t~ 4. The conviction for Driving Under Suspension in Franklin County has been appeal~d by way of a Summary Appeal, which was timely filed and is now pending in the Franklin. Court of Common Pleas. 5. Petitioner is seeking a hearing relative to the merits of this appeal. 6. In the event that Petitioner's Summary Appeal is successful, then the Department be required to correct its records. WHEREFORE, Petitioner prays that a hearing be scheduled relative to this Respectfully submitted, Date: ~+ ~ ._~ 2--_ _ . ~~ ~. .%J Z. David E. Hershey, Esquire COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 2 CERTIFICATE OF SERVICE On the l ^ day of August, 2012, I certify that a copy of the foregoing petition was upon the following attorney for the Commonwealth of Pennsylvania by regular U.S. Mail, Class, as follows: George Kabusk, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 ,~-'" ~ -, Date: ; ~ ~--~ " David E. Hershey, Esquire COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 VER.,,.,, . TiA~, document are true and correct to the best of r that false statements herein are made subjec unsworn falsification to authorities. Date: `' ~--- ~~ ~ ~ ~^ Exhibit "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 17, 2012 GABRIEL TAYLOR ALTMEYER 462 WILLIAM STREET APT 2 PITTSBURGH PA ],5211 WID t 121929283607618 UD1 PROCESSING DATE 07/10/2012 DRIVER LICENSE ~ 27598],49 DATE OF BIRTH 09/15/1986 Dear tiR . ALT~~iEYEr~ This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 07/09/2012 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 04/25/2012: ^ Your driving privilege is SUSPENDED for a period ofi 1 YEAR(S) effective 08i21i2012 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 You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or bef;,r~e 081:1/2012. You may surrender these items before, 08/21/2012, for earlier credit; however, you may not drive after these items are surrendered. 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 513.50. 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. 121929283607618 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), 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 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". 121929283607618 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. 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 17, 2012, 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 by 08/21/2012. Sincerely, ~~ ~~~ Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.0. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 AM TO 5:01 IN STATE 1-800-932• OUT-OF-STATE 717-412• TDD IN STATE 1-800-228• TDD OUT-OF-STATE 717-412• PM) 4600 5300 0676 5380 A- 3 L AUS 22 AN I,: ! IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY ?'J P E R L ri "N D ? ? X111 + `_ PENHSYLV,-'-.N1.A GABRIEL T. ALTMEYER, Petitioner V. NO: 12 - 5v5-7 be"'f, e - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER 4?gqAb AND NOW, this awk day of _ 16LIgtr: 2012, upon consideration of the Petitioner's Appeal filed in the above captioned matter, this matter is hereby scheduled for a hearing on the _Xday of ( E? , 2012, at J.13b &.m. in Courtroom l of the Cumberland County Courthouse located at 1 Courthouse Square, Carlisle, Pennsylvania. Pursuant to § 1550 of the Vehicle Code, a supersedeas is granted. The Department is directed to stay the proposed suspension until this matter is decided on the merits. Thomas A. Placey Common Pleas Judge Distribution: d George Kabusk, Esq., Office of Chief Counsel, PennDOT, 1101 S. Front St., Harrisburg, PA 17104 David E. Hershey, Esquire, 130 W. Church St., Ste. 100, Dillsburg, PA 17019 4es ;m.-led P.?/Z