HomeMy WebLinkAbout05-2860
eOMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Respondent
: IN THE eOURT OF eOMMON PLEAS OF
: eUMBERLAND eOUNTY, PENNSYL VANIA
v.
Petitioner
eIVIL DIVISION. ~
()s- ;ut.6 r3()~l !9z..i
BRAEDEN T, HOWARD,
PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF
TRANSPORTATION SUSPENDING OPERATOR'S LIeENSE
AND NOW, comes the Petitioner, by and through his counsel, Salzmann Hughes,
P.c. and files the within Petition for Appeal from Order of Department of Transportation
Suspending Operator's License and avers the following:
I. Petitioner, Braeden T. Howard, is an adult individual residing at 1022
Trindle Road, Carlisle, Cumberland County, Pennsylvania.
2. On or about May 4, 2005, the Pennsylvania Department of Transportation
allegedly mailed an Official Notice of Suspension to Petitioner advising that his present
operator's license, bearing card number 25480279, was being suspended for a period of
one (l) year effective June 8, 2005. A true and correct copy of said notice is attached
hereto as Exhibit "A" and made a part hereof.
3. Said suspension arises out of Petitioner's alleged conviction of75
Pa.C.S,A. S 1543(a),
4. Said suspension is not supported by the evidence and is erroneous as a
matter of law.
5, Said suspension is unconstitutional in that it violates due process and
equal protection under both the Pennsylvania and the United States Constitution,
-
6. Said suspension is contrary to law.
7. Said suspension should be automatically stayed Upon the filing of this
petition and upon timely notice to the Department of Transportation.
WHEREFORE, Petitioner respectfully requests that this appeal be granted and, in
the interim, that this Honorable Court enter a stay of the suspension of Petitioner's
operating privileges pending this appeal.
SALZMANN HUGHES, P,C.
J~cuu- 8, j~
Susann B. Morrison, Esquire
Supreme CourtLD. # 77041
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
Attorney for Petitioner
Date: June 2, 200S
-
-
-
VERIFIeATION
The foregoing document is based upon information that has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in
this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18
Pa.C.S.A. 94904, relating to unsworn falsification to authorities.
Date; June 2, 2005
~ i ~ '"
C'.~
lI( C~~'J
LJI
~ c_
~,:::_:~
- - "< I
It- \' C> , 1'.)
-c:. .c::: -~
~ 0"- -u .
--l)
- F f',,)
..
~ f",)
CJ
eOMMONWEAL TH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Respondent
: IN THE eOURT OF eOMMON PLEAS OF
: eUMBERLAND eOUNTY, PENNSYL VANIA
v.
eIVIL DIVISION
BRAEDEN T. HOWARD,
Petitioner
05-2860 eivil Term
ORDER
AND NOW, the ~ day of ~.1 ~ _ ,2005, it is hereby ordered
that a hearing on the above-captioned matter is scheduled for the '3L.!lt day of
a./ fjV/.J;t ,2005 at /; 30 .-!pm, in Courtroom number -L. A supersedeas
is granted pursuant section 1550 (b) (1) of the Pennsylvania Vehicle Code until such time
this Honorable Court resolves this appeal.
J.
Ad-
,\
S' { {"'
, 'P
f~~
......
~
't/lNVlili.SNt'J.::ld
"'-lNOO:) C"'''-'.lj:;!]fVno
Z~:6 &.IV 6Z Nnr gOoz
AldV10N0HlOiJd 3H.J. :10
30/d..iO-037/:!
-
eOMMONWEAL TH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Respondent
: IN THE eOURT OF eOMMON PLEAS OF
: eUMBERLAND eOUNTY, PENNSYLVANIA
v.
BRAEDEN T, HOWARD,
eIVIL DIVISION
05-2860 eivil Term
Petitioner
PRAEeIPE TO DISeONTINUE APPEAL
AND NOW, this 25th day of August, 2005, Petitioner Braeden T. Howard, hereby
requests the Prothonotary of Cumberland County to withdraw and discontinue the above
captioned Petition for Appeal from Order of Department of Transportation Suspending
Operator's License.
SALZMANN HUGHES, P.C.
Ji&U~ b, ~
Susann B. Morrison, Esquire
Supreme eourt 1.0. # 77041
95 Alexander Spring Road, Suite 3
Carlisle, P A 17013
(717) 249-6333
Attorney for Petitioner
Date: August 25, 2005
.......
~
:P"
r..::::
G'>
f','
U\
o
"T1
.....
:.i:'"1i
p1p
:g~;
,"'" (
''''',(:1
-::~
__,'. II
'> -r',
,- 0; (~~
;::,-~rn
;;::\
V-
:0
~~
--
r..:?
o
o
-