HomeMy WebLinkAbout05-1712
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05 - 17/)... C;-u:L~0L~
MICHAEL C. SCHUBERT
Appellant
COMMONWEALTH OF PENNSYLVANIA :
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
LICENSE SUSPENSION APPEAL
APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE
AND NOW, comes the Appellant, Michael C. Schubert, respectfully avers the following:
1. Appellant resides at 418 7th Street, New Cumberland, Cumberland County,
Pennsylvania, 17070.
2. The Appellant received a Notice dated March 4,2005, that as a result of his failure to
attend a departmental hearing, a sanction of 60 days was being imposed as mandated by Section
1538 of the Vehicle Code, effective date of Suspension April 8, 2005, at 12:01 a.m. A true and
correct copy of the Notice is attached as Exhibit "A".
3. The Appellant submits that he did not receive notification to attend a departmental
hearing.
4. The Appellant further submits that he did not refuse to submit to a departmental
hearing.
5. The Appellant submits his actions do not constitute a refusal or failure to attend a
departmental hearing.
Wherefore, your Appellant respectfully requests your Honorable Court to schedule an
evidentiary hearing on the matter.
Respectfully submitted,
It)~ r;;L /;,J
Michael C. Schubert]
418 7th Street
New Cumberland, P A 17070
Date:
\.
MICHAEL C. SCHUBERT
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
COMMONWEALTH OF PENNSYLVANIA :
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION, LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
Appellee
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Appeal upon the person
and in the manner indicated below, which service satisfies the requirements ofthe Pennsylvania
Rules of Civil Procedure, by depositing a copy of the same in the United States Post Office, New
Cumberland, Pennsylvania, through first class certified mail, prepaid and addressed as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center,
Harrisburg, P A 171 04-2516
Respectfully submitted,
/lid (t.l)
Michael C. Schubert
418 7th Street
New Cumberland, P A 17070
Date:
~
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
MARCH 04, 2005
MICHAEL C SCHUBERT
418 7TH STREET
NEW CUMBERLAND PA 17070
WI>> t 050566543908628 002
PROCESSING DATE 02/25/2005
DRIVER LICENSE t 26205281
DATE OF BIRTH 07/29/1981
Dear Motorist:
Due to your failure to attend a departmental hearing, a
sanction of 60 DAyeS) is imposed as mandated by Section 1538
of the Vehicle Code.
In order to comply with this sanction yoU are required to
return any current driver's license, learner's permit and/or
temporary driver's license (camera card) in your possession
no later than the effective date listed. If you cannot
comply with the requirements stated above, you are required
to submit a DL16LC Form or a sworn affidavit stating that
yOU are aware of the sanctlon agalnst your drlvlng
privilege. Failure to complY with this notice shall result
in this Bureau referring this matter to the Pennsylvania
state Police for prosecution under SECTION 1571(a)(4) of the
Vehicle Code.
Although the law mandates that your driving privilege is
under suspension even if you do not surrender your license,
Cl'edit will not begin until all current driver's license
product(s), the DL16LC Form, or a letter acknowledging your
sanction is received in this Bureau.
WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR
ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT
RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT
IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD
SERVING THIS SANCTION.
The effective date of suspension is 04/08/2005, 12:01 a.m.
Please see the enclosed application for restoration fee
information.
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RECEIVED MAR 31 2005 '(I'
v.
IN THE COURT OF COM ON PLEAS OF
CUMBERLAND COUNT , PENNSYLVANIA
NO. OS -no C/' : L Cr~
MICHAEL C. SCHUBERT
Appellant
COMMONWEALTH OF PENNSYLVANIA :
PENNSYLVANIA DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
LICENSE SUSPENSION PPEAL
ORDER OF COURT
de r:^.- [)
AND NOW, this 'I day of tAfY1.LX' 2005, upon consider tion of this APPEAL
FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is hereby Order d that a hearing on
. ~
the matter shall be held on the t.o (J day of Fn.J 2005, at J' o'clock pm in
Courtroom No. J.- of the Cumberland County Courthouse.
A supersedeas is granted pursuant to Vehicle Code Section 1550(b) 1) until such time
that this honorable court resolves this appeal.
BY THEeOURT:~:/
///
/
J.
Distribution:
-Pennsylvania Department of Transportation, Office of Chief Couns
Office Center, Harrisburg, PA. 17104-2516
-Michael C. Schubert, 418 7th Street, New Cumberland, PA 17070
Floor, Riverfront
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
No. 05-1712 CIVIL
MICHAEL C. SCHUBE!tf
PETITIONER
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
RESPONDENT
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this '.(:) day of
)l!v\Y
, 2005, the appeal
filed in the above referenced matter is REMANDED to the Department to RESCIND the 60
DAY SUSPENSION imposed pursuant to 1538(b)(4) of the Vehicle Code as a result of the
petitioner's failure to attend a departmental hearing for his second accumulation of six points,
and based upon the parties agreement that the Department will RESCHEDULE the petitioner for
a Section 1538 Departmental Hearing. The Department shall send notice of the rescheduled
hearing to the petitioner's address of record with the Department. Additionally, the petitioner
agrees to waive the six month notification requirement as provided by Section 1551 of the
Vehicle Code.
DISTRIBUTION:
~eorge H. Kabusk, Esquire, PennDOT, Riverfront Office Center, 1101 South Fron troot,
Harrisburg, PA 17104-2516 I
)tfichael C. Schubert, Pro Se, 418 7th Street, New Cumberland, P A 17070
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