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Home My WebLink About05-3281 MATTHEW J. PENNINGTON, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORT A TION, Respondent : ACTION NO. o~ 3 ),,'11 c.:;J J~ NOTICE OF APPEAL Notice is hereby given that Matthew 1. Pennington, the above named Petitioner, hereby appeals to the Court of Common Pleas of Cumberland County Pennsylvania from the Pennsylvania Department of Transportation Notice of License Recall mailed to Petitioner on the 1st day of June, 2005. ,4~ C_47 Scott A. Stein, Esquire Attorney No 81738 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 Attorney for Petitioner () c; <-' c;:-.) \-;-..:;:> <J' L. ~2 N CD o -0 .-l ~E: ," C' (':'J ~~~ ........ . -'; C:? ::\i:-~ ~-'::':'~1 ?~ -- en (1'" LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Petitioner MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - .3 J. <g I ~J~ COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORATION SUSPENDING OPERATING PREVELEGE Petitioner Matthew J. Pennington, by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Con. Stat. Ann. S 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner Matthew J. Pennington is an adult individual residing at 60 Oliver Road, Enola, Pennsylvania. 2. Petitioner currently possesses a valid Pennsylvania driver's license issued to him which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated June 01, 2005, petitioner was notified in writing the Department of Transportation of the entry of an order suspending his operating privilege for the following reasons as set forth in the notice: receipt of information indicating that his driving privileges are suspended in Florida. A copy of the notice is attached as Exhibit "A". 4. The suspension is improper and unlawful for the following reasons: Petitioner is eligible to have his driving privileges restored in Florida and such restoration would make a suspension in Pennsylvania moot. WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. 9 1550 and that the order of the Department of Transportation be set aside. RzctfullY SUb~ L.. L~c;_ Scott A. Stein Attorney for Petitioner Date: C .21-- ())" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 01, 2005 MATTHEW JACOB PENNINGTON 60 OLIVER RD ENOLA PA 17025 WI>>. 051456137328765 001 PROCESSING DATE OS/25/2005 DRIVER LICENSE. 25333131 DATE OF BIRTH 12/27/1976 Dear Motorist: Your right to applY for a driver's license or learner's permit is being denied due to information received from the State of FLORIDA indicating that your driving privileges are suspended. This denial is authorized by Section 1572 of the Vehicle Code. You will not be able to apPlY for a driver's license or learner's permit until sufficient proof of restoration is received from the State of FLORIDA. 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 sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571Ca)C4) of the Ve- hicle Code. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, 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 e~~ect1ve date o~ cancellat10n 15 07/06/2005, 12:01 a.m. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JUNE 01, 2005) of this notice. You must still send in your license before the effective date of cancella- tion unless YOU appear in person before a JUdge and receive an order permitting YOU to continue to drive. 051456137328765 AFTER THE APPEAL HAS BEEN FILED. IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 SincerelY, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM to 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 (i 'S Q~ 1Dt< --,9COb) LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ill: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Petitioner MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW VERIFICATION I, Matthew Pennington, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: 6/:5:;/05 I ,/ ) /) ~ ~;??;~ -1/ L . L, /~ ~hL~ . t:7~~~?~, Matthew J. Pennin r/ MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by Certified Mail, Return Receipt Requested, Postage Prepaid, and Addressed as Follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, P A 171 04 -1!:~~~ Date: C.,) ,.. () f -b ~ ~, ~f\ Cl'~ 0\' \ - ~~ 0, (') l;1 ~ ".j) (; d .' , ", C'~~ ~,::'_:J <-" r-..) C~) o -n --< :1: --;~ r1tF -nl-;"j ~ .',:, ,'....1 ~.\ ~T~) @ ...'" --',,." " -,.~ , , ',~~ /=,f(~ ..:,:~\ ..,] .<. c:. Cr-l c..f' LAW OFFICES OF PETER J. RUSSO, P.c. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Petitioner MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - -3 '" f I CIVIL ACTION - LAW ~ .J o..J\}vY\.. COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent PETITION FOR SUPERSEDEAS Petitioner Matthew J. Pennington, by the undersigned counsel, respectfully petitions the Court pursuant to Pa. R.A.P. 1733(a) for the entry of an order of supersedeas and in support thereof represents as follows: 1. On June I, 2005, Pennsylvania Department of Transportation sent a letter to petitioner advising him that effective July 6, 2005 the Department was suspending his privileges to operate a motor vehicle in the Commonwealth. 2. On June 27, 2005, Petitioner filed a timely notice of appeal from the Department's decision to suspend his operating privileges and desires that his appeal shall operate as a supersedeas of the judgment for possession. WHEREFORE, petitioner respectfully requests that the Court enter an order that the Department's action suspending his operating privileges be stayed pending a determination of petitioners appeal. Respectfully submitted, ,~~dr c_h Scott A. Stein ' Attorney for Petitioner Date: C - ) 7- (J r LAW OFFICES OF PETER J. RUSSO, P.c. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 Attorney for Petitioner MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW VERIFICATION I, Matthew Pennington, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~d3ft5 ,/ / '----..--:>'" /?-/?-:;--7 j /.:y-t:;:cV?-€U/' ~ Matthew 1. Pennin CJ L" --1~~" PL , / MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2005 - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by Certified Mail, Return Receipt Requested, Postage Prepaid, and Addressed as Follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 L~ (). /t-:> -Scott A. Stein, EsqUIre Date: c- 29. (< r o C:) en C"I ....., c:::~) <'-.:.:) CJl () "11 -< ~~j~ j(fJ ; ~~) . '~~ )~~ ~jln -, N 0) :r;-. -.'. ::'J --( MATTHEW J. PENNINGTON, Petitioner 0- o RECEIVED JUN 29 Z005r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - .J;l '6 I ~J~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent CIVIL ACTION - LAW ORDER FOR HEARING AND NOW,~ Lt, -;;(OO( upon consideration of the: petition of Matthew J. Pennington, for review of an order of the Department of Transportation suspending petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transportation in suspending petitioner's operating privilege should be set aside. ,- Hearing on the above-captioned matter is set fOr)~!~'J cldD,I1 .m. III Courtroom ~ , located at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, County of Cumberland, Commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice ofthe appeal and copies ofthe petition for review and order for hearing on the Department of Transportation at the address shown in the department's notice of entry of order, by certified mail, return re:ceipt requested. t~ Cou J. (") ~ - '0 :Er ~'Z o;;C u:. q, 0.- '..k~ 9;ti': 'f u-\w -! et~ ~ ,.g, '6 '?> 8: ;Z;. ?$ ?\'!L ",;;:' ;.,,;r ten :',/,~ _\11.\.J. ':,i:}.C:-' 6 ~-t-\ ~t\ t~ ~ p --\ ~ _ \ c" lr" f' ~ RECEIVED JUN 2 9 70n~ ~ MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 3 J. "i I CIVIL ACTION - LAW ~ ..J~ COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, Respondent ORDER FOR HEARIN(:! AND NOW, & ~ upon consideration of the within Petition for Supersedeas, a hearing on the above-ca ioned matter is set for ~U~ 'i{:fj Ot .m. in Courtroom ~ , located at the Cumberland County &ourt~ouse, 1 Courthouse Square, Carlisle, County of Cumberland, Commonwealth of Pennsylvania. Distribution List: Scott A. Stein, Esquire, 3800 Market Street, Camp Hill, PA 17011 . ~ 'J,t'l_O'')' ~ ~ Pennsylvania Department of Transportation, Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, P A 17104 ~ - 'Ci t.l)z: lt~ ~-1_ r-- 9Q oU' w.0- ;;:!\J.J Uo-F '5 .=r ::r :&:: u.- '" I -' ~ ~ ~ ~ ;:::>A' ",= ~,z '~.~ '')0 "5': <~-':2 "C~7 i}CU ,--: f~ '.~;;'"- 5 D MATTHEW J. PENNINGTON, Petitioner IN THE COURT OF COMMON PLEAS OF v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PA., PA. DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, NO. 05-3281 CIVIL TERM LICENSE SUSPENSION APPEAL Respondent IN RE: PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE ORDER OF COURT AND NOW, this 19th day of July, 2005, this matter having been called for hearing, the request of the motorist for a supersedeas is denied. By the Court, ~rge H. Kabusk, Esquire Department of Transportation Office of Chief Counsel For the Commonwealth ~~tt A. Stein, Esquire For the Respondent :bg .,~" ','I i,j IS :5 H\,l 02 l:lf SDDl AtJV1();'<O>1l0dd 3Hl :i0 3JU:!O-OTI!:J .' - . ,~. ..." .,.,.." '0.,' " .......,......-.,.,."';,....,.---......-,.". MATTHEW J. PENNINGTON, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : ACTION NO. 05-3281 CIVIL TERM : LICENSE SUSPENSION APPEAL PRAECIPE TO DISCONTINUE APPEAL TO THE PROTHONOTARY: The Petitioner in the above-captioned action hereby requests that the appeal be withdrawn and discontinued. '-r! illO:) /tvrrtF(A- A? --Scott A. Stein, Esquir( Attorney No 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Petitioner )"; ':;.'(\ (,,'" c/.'! -;; --- (,);: - -----