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Home My WebLink About01-5366MASON REIDT MCCLELLAN, Plaintiff PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Z00I CIVIL ACTION - LAW PETITION TO APPEAL DRIVER'S LICENSE SUSPENSION TO THE HONORABLE JUDGES OF THE SAID COURT: AND NOW, comes Mason Reidt McClellan, Petitioner herein, and files this Petition to appeal the suspension of his driver's license by the Pennsylvania Department of Transportation, and in support thereof states as follows: 1. On or about August 17, 2001, Petitioner received notification that his operating privileges has been suspended for a three (3) month period of time, effective September 21, 2001. A true and correct copy of the Suspension Notice is attached hereto as Exhibit "A", and incorporated herein by reference. 2. The Pennsylvania Department of Transportation alleges that the basis for the suspension is a violation of 75 Pa.C.S.A §6308 (offenses related to alcohol) on June 5, 2001. 3. Mr. McClellan's conviction for violation §6308 of the Motor Vehicle Code has been appealed to Your Honorable Court. A successful appeal of this conviction will vitiate the basis for the proposed suspension. 5. Date: Ol~llt Io~ Petitioner has reason to believe that an injustice has been done to him in the attempted suspension of his license privileges, and that the suspension is without any basis. WHEREFORE, Petitioner, Mason Reidt McClellan, prays for leave to appeal the Pennsylvania Department of Transportation's ruling of a suspension of his driver's license and, further, for an Order rescinding the suspension of his driving privileges. itted, [...,.~.~ GOLI)BERG~itkTZMAN & SItIPMAN, P.C. J~ua D. L~ck, Esquire ~t~ t~o~n, ey, ID_~17092 ~;~;.M~:;e~ 2bj~r8eet ~A 17108-1268 Attorney for Petitioner 68036 1 VERIFICATION I, Joshua Lock, Esquire, hereby achxowlcdge that I mn thc attorney for MAS ON REIDT MCCLELLAN, that I have read the foregoing PETITION TO APPEAL DRIVER'S LICENSE SUSPENSION and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I m~derstand that any false statements herein are made subject to penalties of 18 Pa. C.S. ~4904, relating to unsxvorn falsification to aunties. Date: c~/[~lo ~ Lock, Esquire Sep-05-01 01:39P Evergreen Environmental 717 232 7626 P.02 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 17, 2001 MASON REIDT MCCLELLAN 342 WILLOW AVENUE CAMP HILL PA 17011 WID · 012226101598103 001 PROCESSING DATE 08/10/2001 DRIVER LICENSE · 26379343 DATE OF BIRTH 04/12/1983 Dear MR. MCCLELLAN: As a result of your violation on 06/05/2001 of violating Section 6508 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated bY section 15320 of the vehicle code. The e~emtlve date of suspension ts 09/21/2001, 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follo~ ALL lnstpuctLons very carefully. Even if you have served all the time on the suspenston/revocatLon, we cannot restore your driving priv- ilege unt$L aLL the requLrements are satSsfted. COMPLYING W~TH THIS SUSPENSION You must return all current Pennsylvania driver's licenses~ learneras permits, temporary driver's licenses (camera cards) in YOUr possess/on on or before 09/21/2001. You may surrender these items before, 09/21/2001~ for earlier credit; however, you may not drive after these items are surrendered- YOU MAY NOT RETAZN YOUR ORZVEReS LZCENSE FOR ZDENTZFZCAT~ON PURPOSES. Ho~ever, you may apply for and obtain a pheto identification card at any Driver License Center for a cost of 9.00. 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. You w111 not receive credit toward servlng any suspension until we recelve your license(s). 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 neta- ~ep-O5-01 01:40P Evergreen Environmental 717 232 7626 P.03 012226101598105 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'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 Upon receipt, review and acceptance of your Pennsylvania driverfs license(s), learner's permit(s), and/o~ 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, please 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. 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 1571(a)(q) of the Pennsylvania Yehicle Code. PAYING 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 steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. ~rite your driver's license number Clisted on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE ~lthin the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and ~hat will be needed if you do not own a vehicle registered in Pennsylvania. ZmpoPtant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. Sep 05-01 01:40P Evergreen Environmental 717 232 7626 P.04 012226101598103 APPEAL You have the r/ght to appeal this action to the Court af Common Pleas (Civil Division) w/th&n 30 days of the mail date, AUGUST 17j 2001, of this letter. Xf YOU file an ap~e&l tn the county Court, the Coopt Wtl1 give you a time-stamped certified copy of the a~pea/. [n order for Your appeal to be valid, You must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Off/ce of Chief Counsel Third Floor, R/verfrant 0ffice Center Harrisburg, PA 17104-251& Remember, th/s is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return a11 current PennsYlvania driver license Products to PennDOT by 09/21/2001. S/ncerely, Rebecca L. Bickley, Director Bureau of Driver Licensing ~,NFORHATION 7:00 a.m. to 9=00 p.m, IN STATE 1-800-952-4600 TDD ZN STATE OUT-OF-STATE 717-391-6190 TOD OUT-OF-STATE NEB SITE ADDRESS ww~.dot.state.pa.us 1-800-228-067& 717-391-619! CERTIFICATE OF SERVICE I, Joshua D. Lock, Esquire, do hereby certify that I served a true and correct copy of the foregoing PETITION TO APPEAL DRIVER'S LICENSE SUSPENSION upon the person(s), the manner, and on the date indicated below. Service by U.S. Mail, 1st Class, Postage Preoaid: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: c~i~/O~ Attorne~t ID # 1 7092] Harrisburg, PA 17108-1268 & SHIPMAN, P.C. Attorney for Petitioner MASON REIDT MCCLELLAN, Plaintiff PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ORDER OF SUPERSEDEA S On the/~fday o£ ~rt~ ?.~ ~ ,2001, the above matter was presented to the / Court. The appeal of the Petitioner's suspension of operating privileges has been timely filed; and it is; ORDERED that the operating privileges of MASON REIDT MCCLELLAN not be suspended on September 21,2001, and that the notice of Pennsylvania Department of Transportation suspending the same shall be superseded until further Order of this Court; and it is ORDERED that on the ~ day of ~ 2001, in Courtroom No. , at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at ~; .~0 q .m., there shall be a heating to determine the merits of Petitioner's Petition. BY THE COURT: Dated: MASON REIDT MCCLELLAN, Plaintiff VS. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5366 CIVIL CIVIL ACTION - LAW IN RE: LICENSE SUSPENSION APPEAl, ORDER AND NOW, this ~"" day of December, 2001, at the request of counsel for the plaintiff, hearing in the above matter is continued generally pending a decision in the matter of Com. v. McClellan at 01-1611 Criminal. Joshua Lock, Esquire For the Plaintiff George Kahusk, Esquire For PennDOT :rlm BY THE COURT, ,". s, J. MASON P~IDT MCCLELLAN, Appellant V. COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYLVANIA : :D.O.T. No. 2001-5566 PRAECIPE TO THE CLERK OF COURTS: Appellee having rescinded and deleted the Motor Vehicle Code violation giving rise to the suspension from which this appeal was taken, Appellant asks that the appeal heretofore herein fried be withdrawn. Date: Respectfully submitted, ~OLDBER~ KATZMAN & SI-In)MAN ~tua D. Ix~ck, Esquire ?~o M~ket ~e~ ~.0. ~o~ 12~S Harrisburg, )PA 17108-1268 ~, (717) 234.,,4161 xAttala~for Appellant, Mason Reidt McClellan CERTIFICATE OF SERVICE I, $oshua D. Lock, Esquire, do hereby certify that I served a true and correct copy of the foregoing ?RAECIPE upon the person(s), the manner, and on the date indicated below. Service by U.S. Mail, 1st Class~ Post~_e Pre?M: George H. Kabusk, Assistant Counsd Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710,t-2516 Date: , KATZMAN & SHIPMAN, P.C. \ Jos~D. Loc~ Esquire Atto~ey ID #~7092 32~/Market Str~L-t v. Ha_h:i~A 1.7108-1268 Attorney for Appellant, Mason Reidt McClellan