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Home My WebLink About06-1031 CASEY SNYDER 2292 Coventry Road Lancaster, PA 17601 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. 0ls,-ID31 (!tr.~~L~~ CIVIL APPEAL LAW APPEAL FROM LICENSE SUSPENSION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PETITION FOR APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES AND NOW comes Casey Snyder, by and through his attorneys, Nealon Gover & Perry, and presents the following Petition for Appeal from Suspension of his Driving Privileges: 1. Petitioner is an adult individual who resides at 2292 Coventry Road, Lancaster, PA 17601. 2. Petitioner is licensed as a motor vehicle operator by the Commonwealth of Pennsylvania, Department of Transportation. 3. By official notice dated January 18, 2006, Petitioner received notification from the Commonwealth of Pennsylvania, Department of Transportation, that his driving privileges were to be suspended for a period of one (1) year beginning February 22, 2006, at 12:01 a.m. 4. The official notice found a suspension based upon an alleged violation of Section 6308, offenses related to alcohol. (See attached as Exhibit A and incorporated herein by reference thereto is the notice received by your Petitioner). 5. Petitioner contends that he was not drinking at the time the officer approached him and that there was never a breathalyzer analysis done to determine the blood alcohol level of the Petitioner. 6. Based upon the foregoing circumstances, Petitioner requests that this Honorable Court prohibit the Department of Transportation from suspending Petitioner's driving privileges for a period of one (I) year until a hearing on the matter is held before this Honorable Court. WHERFORE, Petitioner prays this Honorable Court pursuant to Pa. C.S. S 1550, to schedule a hearing upon her appeal from the suspension of his driving license privileges and, upon hearing testimony, to vacate the one (1) year suspension as imposed by the Department of Transportation. Respectfully submitted, Dated: February 20, 2006 CERTIFICATE OF SERVICE AND NOW, this 21 st day of February, 2006, I hereby certifY that 1 have served the foregoing Petition For Appeal From Suspension Of Driving Privileges on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel 3rd Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ..,...---...... l() VV'l-, C~lbJ A ---------- p, U I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT DF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 18, 2006 CASEY ADDISON SNYDER 2292 COVENTRY ROAD WID. 060116122841603 001 PROCESSING DATE 01/11/2006 DRIVER LICENSE * 27513060 DATE OF BIRTH 06/09/1986 LANCASTER PA 17601 Dear MR. S~~DER: As a result of YOUr violation Section 6308 (offenses related privilege is being SUSPENDED for mandated by section 1532D of the on 12/03/2005 of violating to alcphol), your driving a period of I YEAR(S) as vehicle code. The e~fective date o~ s~spension is 02/22/2006, 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. Vo~ ShDUld follow ALL inst~uctions ve~y ca~efUlly. Even if YDU have se~ved all the time on the 5Uspension/~evocation, we cannot restore you~ d~iving p~iv- ilege un~11 a1l the ~equi~ements are satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses) learner's permits, temporary driver's licenses (camera cards) in your possession on or before 02/22/200b. You may surrender these items before, 02/22/2006, for earlier credit; however, you may not drive after these ite~ms are .s u rJ. e n r;L~tl...d.-~_ __ ~'__~~_ .____......._ YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you maY applY for artd obtain a photo identification card at any Driver License Center for a cost uf '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. You will not ~eceive c~edit towa~d se~vin9 any suspension until we receive you~ license(s). Complete the followif'19 steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits andlor camera cards to PennDOT. If YoU do not have any of these itenls_ send a sworn nata ~. Uc -~';------._-~. 060116122841603 rized letter stating yOU are aware of the ~uspensian of Your driving privilege. You must specify in Your letter whY yoU ;are u"able to return your driver I s license. Remember: YoU maY not retain your driver's license far identification purposes. Please send these items to: Pennsylvania DePartment of Transportation Bureau of Driver Licensing P.O. Bux 6B693 Harrisburg, PA 17106-8693 Z. Upon receip~evie.w__and_.~.~ceptance of.._l/C?_\LLJ:.enns.lLLvania._._____ driver's-license(s), 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 n'- ceive a receipt frc~ us within 3 weeks. please contact OUI' 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 nut return all current driver license Pro- ducts, we must refer this matter to the PennsYlvania State Police for prosecution under SECTION 1571 (,,) (<<1 of the PennsYlvania Vehicle code. .E'~YING THE RESTORATION FEE You must pay a r'estoraticn fee to PennDOT to be restored from a suspension/revocation of YOur driving privilege. To Pay your restoration fee, complete the fallowing steps; 1. Return the enclosed Application for Restoration. The amount due is listed on the aoplication. 2. Write your driver's license number (listed on the first page) on the cheCk or. money order to ensure proper -. .---- --.-- --- --- ~ '--'--c ,...e-d it-;- 3. Follow the payment and mailing instructions on the back of the application. fEOVIOING PROOF OF INSURANCE Within 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 ",ill list acceptable documents and what will be needed if yoU do not o",n a vehicle registered in PennsYlvania. !MPORTANT: Please make sure that move from Your current address. YOur address change by calling listed at the end of this letter. PennOOT is notified if yoU You may notify PennDOT of any of the phone numbers P. U I 060116122841603 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JANUARY 18. 2006, of this letter. Ir YOU rile an ap- peal in tne county CDU~t, the Cou~t will give you a time- stamped ce~ti1'1ed copy of the appeaL In order for your appeal to be valid. you must send this time-stamped certi- fied copy of the appeal bY certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Till ;-d-'FIoor~--IiT;;-erfro-nt 0 ff i ce Cent e r Harrisburg. PA 17104-2516 Remember. this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 02/22/2006. Since.relY, J;)re~ Janet L. Dolan. Acting Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 8.00 a.m. to 6:00 p.m. 1-800-932-4600 TDD IN STATE 717-412-5300 TOO OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-412-5380 p ~ p ~ V( '" w In - .c 0 :r, (y ~ ~ ~ -r-- ,~, -'-, ":" r , , , -' .G - . r, "__ c> CASEY SNYDER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2006-1031 CIVIL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 24th day of February, 2006, upon consideration of the Petition for Appeal from Suspension of Driving Privileges, the Petition is DENIED. The Petition was not filed in this Court until February 21, 2006 which is outside the thirty day period required for a timely appeal. Accordingly, the Court is without jurisdiction to consider the petition. By the Court, ~llL.\\ M. L. Ebert, Jr., J. Sarah J. Brown, Esquire MLE/bas )-)l-(;~ ~ .~ Ill" j"':; George Kabusk, Esquire Q I :'1 L;; .', .. ;1 -