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Home My WebLink About05-0233 (::J NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JEFFREY T. RITCHEY Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-~.3 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent LICENSE SUSPENSION APPEAL PETITION AND NOW comes the petitioner, Jeffrey T. Ritchey, by and through his attorney, Nathan C. Wolf, Esquire, and appeals the suspension of his driving privilege and avers as follows: 1. Petitioner is Jeffrey T. Ritchey, an adult individual with a permanent address at 3831 Bonnymeade Circle, Hanisburg, Dauphin County, Pennsylvania, 17011. 2. On or about November 24,2004, after hearing on matter, petitioner was found guilty of violating section 18 Pa.C.S. ~6308A by District Justice Paula Correal 3. On or about December 14, 2004, petitioner filed a timely appeal of the conviction with the derkof Courts of Gnnberland County, which appeal is docketed at Q>-21-SA-212-2004, although a hearing has not yet been scheduled for this matter. 4. On or about December 14, 2004, petitioner received a notice from the Respondent, the Pennsylvania Department of Transponation, Bureau of Driver Licensing, informing him of his suspension. A true and correct copy of the notice of license suspension is attached hereto as Exhibit "A". 5. Petitioner objects to this license suspension on grounds that the result of the summary appeal from the conviction may render the license suspension moot and as a result petitioner would suffer significant harm if he is forced to undergo the suspension period during the pendency of his summary appeal, which would significantly impact his ability to travel to and from his employment. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order scheduling a hearing on the foregoing matter, and staying any action by the Respondent pending the outcome of this action. RESPECTFULLY SUBMITTED, January 12, 2005 Dee 20 04 04:31 p p.1 COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 14. 2004 JEFFERV THOMAS RITCHEV 3831 BONNY MEADE CIRCLE HARRISBURG PA 17~11 WI>> t D43~261e7~64020 DOL PROCESSING DATE 12/07/2004 DRIVER LICENSE t 26610729 DATE OF BIRTH 01/29/1984 Dear MR. RI1Cij~V: As a result of your violation on 09/24/2004 of violating Section 6308 (offenses related to alcohol). your driving privilege is being SUSPENDED for a period of 9D DAVeS) as mandated by section 1532D of the vehicle code. The effective date of suspension 1s 01/18/2005, 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructiDns in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL 1ns~ruc~~ons very carefUllY. Even.t.of you have served all the time on the suspension/revoca~~on, we CBnno~ res~ore your drlving priV- ilege un~il all ~he requirements are satisfied. COMPLYING WITH THIS SUSPENSION Vou must return all current PennsylvanIa driver's licenses. learner's permits. teRPOrary driver's licenses (ca.era cards) in your possession on Dr before Bl/IB/2~05. You may surrender these items before, 01/18/2D05, for earlier credi t; however,. you may no t dr i ve aft er these items are surr.ender-ed. YOU MAY NOT RETA%N YOUR DRIVER'S LICENSE FOR %DENTIFICATION PURPOSES. However I yoU may apply for and obtain a photD identification card at any Driver License Center for a cost of $lO.~O. You must present two (2) forms of proper iden- tificatiDn (e.g., birth certificate, valid U.S. passport, marriage certificate. etc.) in order to obtain your photo identification card. You will not receive credi~ toward serving any suspension until we receive yau... licensees). Complete the 'following steps to acknowledge this suspension. 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 nota- EXHIBIT A Dee 20 04 04:31p p.2 043426187464020 ~ized 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 r~E_eipt, review and acceptance of your Penn~Y),-vani.~._ driver's license(s), learner's permit(s), and/or a sworn notari~ed letter, PennDOT will send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, please contact Dur office. Otherwise, YDU will nat be given cl"'edi t 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 pro- ducts, we must refer this !latter to the PennSYlvania state Police 'for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. PAVING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your dri~ing privilege. TD pay your restoration fee, co~plete the follOWing steps: I. 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) en the check or 1Il0~~Y. __o.rder to ensure...YLr;:Jp'~r ere d it. .. - - .- - 3. Follow the paYment and nailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send YOU a letter asking that ~ou provide proof of in- surance at that tiru. This lette~ will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. %MPORTANT: Please make sure that move from your current address. your address change by calling listed at the end of this letter. PennDCT is notified if You You lIlay notify PennDDT of any af the phone nUllbers Dee 20 04 04:31p p.3 043426187464020 APPEAL Vou have the right to appeal this action to the Court of Common Pleas (Civil Division) within 3D days af the mail date, DECEMBER 14 J 2004, 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 ~ust send this time-stamped certi- fied copy of the appeal by certified mail tD: Pennsylvania Department of Transportation Dff.i.ce .of Chief Co_unsel . Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Rerwember, this is an OFFICIAL NOTXCE OF SUSPENSXON. You must return all current Pennsylvania driver license products to PennDOT by 01/18/2005. Sincerely, .~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 7:00 a.m. to 9:00 p.m. 1-800-932-460D TDD IN STATE 717-391-6190 TOO OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-391-6191 NATHAN C. WOLF, ESQUIRE ATIORNEY ID NO. 87380 37 SOUTH HANOVER STREET SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATIORNEY FOR PLAINTIFF JEFFREY T. RITCHEY Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005- CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have, this date, served a true and correct copy of the foregoing petition upon the following person and in the matter indicated: SERVICE BY CERTIFIED MAIL: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverlront Office Center Harrisburg, PA 17104-2516 Date: Ir~f /~ ~ C. WOLF, ESQUIRE SUPREME COURT ID 87380 ORNEY FOR PETITIONER 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE, PA 17013 (717) 241-4436 ~C'\~ ~ ~- ~ c ~\ ""- 0- ~ ~ ~ " C>. (j..\ " \ ~ -,-- -';'-.-= ~ -. o (:; ;< f-....) c-~-::) c.;J c.n <- :p~ ~ ,," ..-::'':'-, =2 N o " --4 :::C-r] 1Tli=-:::: -.,fI1 ..''->1..,-/ 2?~~ -'.] o .:-~ r-n ;::~ ~~~ ~ ..,-~ -.. ~? v.) JMJ 1 3 Zr'osy 0 NATHAN C. WOLF, ESQUIRE ATTORNEY III NO. 87380 37 SOUTH HANOVER STREET SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-113 CIVIL TERM JEFFREY T. RITCHEY Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent : LICENSE SUSPENSION APPEAL ORDER OF COURT' AND NOW this -.l$ day of :y '2J1 u 2J '-' ,2005, upon consideration of the instant petition, it is hereby ordered and decreed that this ~ner be scheduled for hearing on the 3/4 day of ~L ,2005 at -1-: 2.!2.- o'clock, p.m., at Courtroom~, Fourth Floor, Cumberland County Courthouse, One Courthouse Square, Olrlisle, Cumberland County, Pennsylvania. Furthermore, a Supersedeas is granted pursuant to Section 1550(b)(1) of the Motor Vehicle, Code, pending this Court's resolution of this appeas io ~L ~(t.i>t 1'(' b" ( ;c. J ~ I s.t;L 1<... BY 1BE COURT: cc: PA Department of Transportation, Office of C Nathan C. Wolf, Esquire . L!/~ -~)f/ 8C J. . ef Counsel . 0; ~ /J7~ /_;70. y-. ~~ 1/1 r ItJ5 ,//b L .: ".:1 "; soaz JEFFREY T. RITCHEY, Petitioner IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL NIA v. CIVIL ACTION -LAW COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 05-0233 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of March, 2005, upon agreement of counsel, the hearing in the above matter regarding Petitioner's license suspension appeal previousl scheduled for March 31, 2005, is rescheduled to Monday, June 20, 2005, at I :30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. fiathan C. Wolf, Esq. Suite 201 37 South Hanover Street Carlisle, PA 17013 Attorney for Petitioner ;> ~orge Kabusk, Esq. Chief Counsel Pennsylvania Department of Transportation Bureau of Driver Licensing Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Respondent :rc BY THE COURT, J. J. lpU'fllUJJ ./ '\ Cl'-.L..l ~() 03-3005 :--~~'~&r-<) EE :2 Hd r") ,"e", I sen' h( ,\"Pl" '1'/ ""', .I1i.-:"-' .",v - ~ JEFFREY T. RITCHEY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent 05-0233 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 20th day of June, 2005, upon consideration of the petition of Jeffrey T. Ritchey, which constituted an appeal from license suspension noticed by the Appellee, Commonwealth of Pennsylvania, Department of Transportation, by a document dated December 14, 2004, and following a hearing at which the evidence established that on Defendant's appeal from the underlying conviction which occasioned the suspension the case was nol prossed, and, in the Court's view, that the Defendant's underlying conviction was thereby removed, the Petitioner's appeal from license suspension is sustained, and the Department's suspension noticed by document dated December 14, 2004, of Defendant's driving privilege is hereby reversed. By the Court, o'CfJ \) V ')':; >-. ct) 'G ~ - ~f., ...- <:0 . r uj;--:~ :~ ~,2E' tt.:i..~ .:.::-- ere c::> po.: C'..1 we... ~~ ~u.J lJ.-lf :;;:.) - ;g .,-,- ~ ::.J = 0 ,..... - ~ . Nathan C. Wolf, Esquire Suite 201 37 South Hanover Street Carlisle, PA 17013 For the Petitioner George Kabusk, Esquire Chief Counsel PA Department of Transportation Bureau of Driver Licensing Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For the Respondent :mae