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Home My WebLink About05-0816 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005- g I (q CIVIL MICHAEL W, HOLDER, Petitioner/Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORT A nON Respondent/Appellee PETITION FOR APPEAL FROM SUSPENSION OF OPERATING PRIVILEGE AND NOW, comes Michael W, Holder, by and through his attorney, Jacqueline M, Verney, Esquire and presents the following in support of his appeal from suspension of operating privilege: 1. Petitioner/Appellant is Michael W, Holder, residing at and having a mailing address of 359 Martingale Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2, Respondent! Appellee is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of Pennsylvania Department of Transportation, Bureau of Driver Licensing, P,O, Box 68693, Harrisburg, PA 17106- 8693, 3, By letter or notice dated January 17,2005, a copy of which is attached hereto as Exhibit A, the Department of Transportation ordered appellant to surrender his operating license for a period of 90 days, 4, Pursuant to 75 Pa,C,S.A. ~ 1550(b)(1 )(i) Appellant is retaining his driver's license until final determination of the suspension of operating privilege, 5, The said suspension of Appellant's operating privileges is improper or unlawful for the following reasons: Appellant was not advised that pleading guilty to the violation of Section 3362 would result in the assignment of 5 points to his driving record and suspension of his operating privileges, 6, Appellant respectfully requests that this matter be set down for a hearing and after hearing that the order of suspension be set side, WHEREFORE, Appellant prays that this Honorable Court schedule a hearing on this petition and after hearing set aside the suspension of driving privileges be set aside, Respectfully submitted, -- J. - q -0 !:> ,/h ac eline M, Verney, Esquire #2 67 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Petitioner! Appellant - JAN-17-2005 MON 04:32 PM HERSHEY CREAMERY G,O, FAX NO. 717 233 7195 p, 02 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date. JANUARY 17, ~005 MICHA[L W HOLD[R 35' MARTINGALE DRIVE CAMP HILL PA 17011 WID t 05010'2&357217& OOL PROCESSING DATE 01/10/2005 DRIvER LICENSE' 278351b3 DATE OF BIRTH Ob/O'/1'&7 Dear MR. HOLDER. This is an O~~1c1al Notice of the Suspension of your Driving Privilege as authorized bW Section 1538E of the PennsWlvania Vehicle Code. As a result of Your 01/04/2005 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 1~/30/2004: . Your driving privilege is SUSPENDED ~o~ a pe~iod of 90 DAVeS) effective 02/21/2005 at 12:01 a.m. . PennDOT is required by Section 1535 of the Pennsylvania Vehicle Code to assign 5 points to your driving record. Before PennDOT can restore your driving privilege, wou must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. Vou should follow ALL 1n.t~uctions ve~v ca~e"ullY. Even 1f VOU have se~ved all the tille on the su.pen.10n'~evocation. we cannot restore your d~1ving priv- 1lege until all the ~e~u1~em.nts are .ati.~1ed. COMPLYING WITH THIS SUSPENSION You must return all current PennsWlvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 02/21/2005. You maw surrender these items before. 02/21/2005. 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. lIOU may apply for and obtain a photo identification card at anY Driver License Center for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport. marriage certificate. etc.) in order to obtain your photo identification card. EXHIBIT 1+ JAN-17-2005 MON 04:32 PM HERSHEY CREAMERY G,O. FAX NO, 717 233 7195 050109283572178 You will not receive credit tGward serving any suspension until we receive your license(s). Complete the fallowing steps to acknowledge this suspension. 1, Return all current Pennsylvania driver's licenses, learner's per..i t 5 and/or camera cards to PennDOT. If YOU do not have any of these items, send a sworn nota- rized 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", 5" lIcens..- Remember: You may not retain your driver's license for identification purposes. Please send these ite..s to: Pennsvlvania 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 licensees), learner's permit(s), and/or a sworn notarized 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. alease 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 pro- ducts, we must refer this matter to the PennsYlvania State Police for prosecution under SECTION 1!571 (a) (4) of the Pennsylvania VehiCle Code. fAYING 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 stepsl 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 pay..ent and mailing instructions on the back of the apPlication. p, 03 .JAN-17-2005 MON 04:33 PM HERSHEY CREAMERY G,O, FAX NO, 7172337195 p, 04 050109283572178 PROVIDING PROOF OF INSURANCE Wi thin the last 30 days of your suspensionlrevocation. we will send yOU a letter asking that YOU provide proof of in- surance at tnat tillle. 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 lIIove from your current address. You may notifY PennDOT of vour address change by calling any of _tne ,Pha!l~ ...n~m.i!.!rs listed at the end of this let"tei-.- APPEAL You have the right to appeal this action to the Court of Call1llon Pleas (Civil Division) within 30 days of the Mail date, JANUARY 17, 2005, of this letter. If yoU file an ap~ peal 1n the County Court, the Court will give YOU a t1me- atamped certified OOPY of the appe.,l. In order for your appeal to be valid, YOU MUst send this time-stallped certi- fied COpy of tne appeal by certified lIIail to: PennsYlvania Departllent of Transportation Office of Chief Counsel Third Floor. Riverfront Office Center Harrisburg. PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENsrON. You IIIUst return all current PennsYlvania driver license prOducts to PennOOT by 02/21/2005. Sincerely, ~~,~ Rebecca L. Bickley. Director Bureau of Driver Licensing SEND FEE/lICENSE/Dl-16LC/TOI DepartMent of Transportation Sureau of Driver Licensing ".0. Box '8693 Harrisburg. PA 1710'-8'93 INFORMATION (7:QO IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources, I understand that false statements herein are made subject to the penalties of I 8 Pa, C. S,A, S 4904 relating to unsworn falsification to authorities, Dated: ~-'7-0S /W/ < /) .,/l..." ,- .~ '/'~ "V'r l2/L Michael W. Holder CERTIFICATE OF SERVICE I, Jacqueline M, Verney, Esquire, hereby certify that a true and correct copy of the attached was served upon the following on the date indicated by placing the same in the United States Mail, certified, return receipt requested: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: J.- -f5'-Ob cq elineM, Verney, Esquire 3167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Appellant ~ -'" 1\ J "- ~~ l>'- '2:\ c." \ () -..l ' \ " ~ "" C '0\ r-) ("I .../:, ri ;:,~ c:) i;-;--r. C'! ~:~Q,~ ':-::: (.J .f-.. ,~ .. s FEB 1 6 200501{'-' MICHAEL W. HOLDER, Petitioner! Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2005- 0/(; CIVIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent! Appellee ORDER OF COURT AND NOW, this ( rfi.. day of F~ ~ ,2005, based upon Appellant's Appeal, a hearing shall be held on the ,) J"'" day of ~ ,2005, in Courtroom ) at f':jl) O'clOCk" ,m, at the Cumberland County Courthouse, Carlisle, Pennsylvania, J, cc4cqueline M, Verney, Esquire, Counsel for Appellant ~ennsylvania Department of Transportation, -..\ Office of Chief Counsel, Counsel for Appellee ~ () 0.'oS O~V N ()j '?/ , hS :l/W1f Zz 9JJSGtt MICHAEL W. HOLDER, Petitioner! Appellant ; IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLV A IA v. : No. 2005-816 CIVIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent! Appellee MOTION FOR CONTINUANCE AND NOW, comes Michael W. Holder, by and through his attorney, Jacqueli e M. Verney, Esquire and presents the following in support of his Motion for Continuan e: 1. Petitioner! Appellant is Michael W. Holder, residing at and having a mailing address of 359 Martingale Drive, Camp Hill, Cumberland County, Pennsylvan a, 17011. 2. Respondent/Appellee is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of Pennsylvania Departmen of Transportation, Bureau of Driver Licensing, P.O. Box 68693, Harrisburg, P A 17106 8693. 3. A hearing on Petitioner's Petition for Appeal from Suspension of Operating Privilege is scheduled before the Honorable Court on April 25, 2005 at 8:30 a.m. 4. Petitioner and his family are travelling to Notre Dame University to atten the Blue!Gold game and visit a sibling who is a student at Notre Dame. The family wishes to make the visit a long weekend and not return until the evening of Monday Apr 25,2005. 5. Counsel for Petitioner has contacted counsel for Penn Dot who is not opposed to the continuance. 6. Appellant respectfully requests that this matter be continued. WHEREFORE, Appellant prays that this Honorable Court grant the Motion [, Continuance and reschedule the hearing. Respectfully submitted, M0 acq line M. Verney, Esquire #231 7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner/Appellant VERIFICATION I verify that the facts included in the within pleading are true and correct base on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating t unsworn falsification to authorities. Dated: 4 -2D-OS~ CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy 0 the attached was served upon the following on the date indicated by placing the same in S mail, first class, postage prepaid. George Kabusk, Esquire Pa Dept of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PAl 71 04-2516 Date: Lf- 2 t . G 5-' C' ~ ~ J,- -<.,.J............ f" II ,l~,-,- v ac eline M. Verney, Esquire # 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Petitioner/Appellant ------ .-.' C..., ~:.:.i <OJ' ~(. -"., ,~ N "'""t"J j.-' o -n -:;) . .,.~-;1 rl""ip p~j >) :.~, , -,-, :.. -, _..~ '(1'-'; ) ~. ";":.\ .,.".. "J -.< t;-? ,1::" MICHAEL W. HOLDER, Petitioner! Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2005-816 CIVIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORT A nON Respondent' Appellee MOTION FOR CONTINUANCE AND NOW, comes Michael W. Holder, by and through his attorney, Jacqueline M. Verney, Esquire and presents the following in support of his Motion for Continuance: I. Petitioner/Appellant is Michael W. Holder, residing at and having a mailing address of359 Martingale Drive, Camp Hill, Cumberland County, Pennsylvania, 1701 I. 2. Respondent/Appellee is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of Pennsylvania Department of Transportation, Bureau of Driver Licensing, P.O. Box 68693, Harrisburg, PAl 71 06- 8693. 3. A hearing on Petitioner's Petition for Appeal from Suspension of Operating Privilege is scheduled before the Honorable Court on April 25, 2005 at 8:30 a.m. 4. Petitioner and his family are travelling to Notre Dame University to attend the Blue/Gold game and visit a sibling who is a student at Notre Dame. The family wishes to make the visit a long weekend and not return until the evening of Monday April 25,2005. 5. Counsel for Petitioner has contacted counsel for Penn Dot who is not opposed to the continuance. 6. Appellant respectfully requests that this matter be continued. WHEREFORE, Appellant prays that this Honorable Court grant the Motion for Continuance and reschedule the hearing. Respectfully submitted, M0 acq lineM. Verney, Esquire #231 7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner/Appellant VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: 4 - 2D- 0 S- ,. CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the attached was served upon the following on the date indicated by placing the same in US mail, first class, postage prepaid. George Kabusk, Esquire Pa Dept of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 L(- ., ^ .. 5-' Date: ,,'" . \.i -, , L' ,'" I ~~,.J............ f\, i ,l~,-,- daceline M. Verney, Esquire #~167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Petitioner/Appellant - '---"'--." f--,. "'--) :oJ -" ['I ;-j "'-) .} o. ", MICHAEL W. HOLDER, Petitioner/Appellant RECEIVED APR 21 20051' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; No. 2005- )/if; CIVIL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTA nON Respondent/Appellee ORDER OF COURT AND NOW, this~ NJ. day of I1P/l..J' L , 2005, after consideration of Petitioner's Motion for Continuance, a continuance is hereby granted. A hearing on the matter shall be held on the M ~ day of l.I~ / Y 2005, in courtroom.5' at 9: O() o'c1ockft.m. at the Cumberland County Courthouse, Carlisle, Pennsylvania. J. cf;.Jii~.9.J.Ieline M. Verney, Esquire, Counsel for Appellant Peimsylvania Department of Transportation, Office of Chief Counsel, Counsel for Appellee I ."" ''1 <::Y tr~~ 'r' b ) .C , \ :d-~) CJ'" 7.,' 'I 1!.1 7) ~J}'Lf e:[i]'\7 """f... . ....v I.",..." -,i.,.!Ut, "~......~---.;,-*,,,,". MICHAEL W. HOLDER, Petitioner! Appellant : IN THE COURT OJ' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : No. 2005-816 CIVIL COMMONWEALTH OF PENNSYLY ANIA DEPARTMENT OF TRANSPORTATION Respondentl Appellee PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOATARY OF SAID COURT: Please withdraw the appeal in the above captioned matter. Respectfully Submitted, b;~..~erne~E!~ 44 South Hanover Street Carlisle, PA 17013 717-243-9190 Attorney for Petitioner/Appellant cc: Jacqueline M. Verney, Esquire, Counsel for Appellant George Kabusk, Esquire, Pennsylvania Department of Transportation, Office of Chief Counsel, Counsel for Appellee CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the attached was served upon the following on the date indicated by placing the same in US mail, first class, postage prepaid. George H. Kabusk, Esquire PA Dept of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Date: "7'-;;).0, () ..!;' I~-(~- acq ine M. Verney, Esquire #23167 /' 44 South Hanover StreN Carlisle, P A 17013 (717) 243-9190 Attorney for Petitioner/Appellant 0. C'. ~, ~ '-" c-::. c., r- ~ \,,-- L, ~~2 ~ -'~ :: ~\r: , f''"' ~t!)y {~_.~~ S!J (~~rA ~..::'...t. ~~ '.4 :17'" -':_~~ - ......0 .' c:::> r...:>