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Home My WebLink About06-2347 GEORGE M. RUSSELL, JR., Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, Of." - ;;231.11 e;u~L ~0z....L LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes George M. Russell, Jr., hereinafter Petitioner, by and through his attorneys, Mancke, Wagner & Spreha, who respectfully represent: 1. The Petitioner, is an adult individual residing at 224 R Spring Lane, Enola, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about March 29, 2006, Petitioner received an Official Notice of Suspension from the Department of Transportation indicating that his driving privileges are to be suspended for a period of 1 year as a result of a conviction of 18 Pa,C.SA 96308, a copy of which is attached hereto and made a part hereof as Exhibit A. 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner has a summary appeal pending in the Court of Common Pleas, Dauphin County for the underlying offense. WHEREFORE, Petitioner respectfully requests this Honorable Court to schedule a hearing to determine the validity of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA 7c- Edward F. Spre ,Jr., Esq. f Attorney ID No. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: April 24, 2006 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 29, 2006 GEORGE M RUSSELL JR 155 SALEM CHURCH RD #23 WID # 060816187706138 001 PROCESSING DATE 03/22/2006 DRIVER LICENSE # 27222044 DATE OF BIRTH 08/13/1985 MECHANICSBURG PA 17050 Dear MR. RUSSELL: As a result of your violation on 01/21/2006 of violating Section 6308 Coffenses related to alcohol), your driving privilege is being SUSPENDED for a period of 1 YEARCS) as mandated by section 1532D of the vehicle code. The effective date of suspension is 05/03/2006, 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. You should follow ALL inst~uctions ve~y ca~efully. Even if YOU have se~ved all the time on the suspension/~evocation, we cannot ~esto~e YOU~ d~iving P~ivilege until all the ~equi~ements a~e 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 05/03/2006. You may surrender these items before, 05/03/2006, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, yOU may apPly for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper identification Ce.g., birth certificate, valid U.S. pasSPort, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edi t towa~d se~ving any SUspenSion until we ~eceive YOU~ licenseCs). 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 ~ EXHIBIT '" i ~. -'~ J " 060816187706138 notarized 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 2. Upon receipt. review and acceptance of Your PennsYlvania driver's licenseCs), learner's permitCs), and/'~r a sworn notarized letter, PennDOT will send You a receipt confirming the date that credit began. If you do not receive 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. 3. If yOU do not return all current driver license products, we must refer this matter to the PennsYlvania State Police for prosecution under SECTION 1571 (a) (4) of the PennsYlvania Vehicle 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. Write Your driver's license number Clisted on the first page) on the check or money order to ensure proper credit. 3. Follow the paYment and mailing instructions on the back of the apPlication. PROVIDING PROOF OF INSURANCE Within the last 30 days of Your suspension/revocation, we will send you a letter asking that yoU prOVide proof of insurance at that time. This letter will list acceptable documents and what will be needed if yoU do not own a vehicle registered in PennsYlvania. IMPORTANT: Please make sure that move from Your current address. Your address Change by calling listed at the end of this letter. PennDOT is notified if yOU You may notify PennDOT of any of the phone numbers 060816187706138 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MARCH 29, 2006, of this letter. IT YOU Tile an appeal in the County Cou~t, the Cou~t will give you a time-stamped ce~tiTied copy OT the appeal. In 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 Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current PennsYlvania driver license products to PennDOT by 05/03/2006. Sincerely, i;)rf.~ 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 TDD OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-412-5380 N ~ -6<j. 1t Q vt lr( ______ Lv ~ ~ % L.> ~ ~ ~ p! ~ ---<.,-1'-... @ '.',-' ' ;,r, -..( \l3Y~~~O 2 20~ J s GEORGE M. RUSSELL, JR., Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O&, - d,2Lf? (JL>l~8LVVJ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, this 5 ~ay of ~ ' 2006, upon consideration of the within Petition, it is hereby ordered and decreed that a hearing be held on the JJ!:day of n ' 2006, at (!.tr-- I {):OD o'clock in Courtroom~, Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. By the Court: ~ ~ LJ\ \ \ J. Distribution: ~rd F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 1711 ~nnsylvania Department of Transportation, Office of Chief Counsel, . 1101 South Front Street, 31\1 Floor, Harrisburg, PA 17104-2516 ~ 1/INV^'1ASNN3d AlNnm OW\l:F18V'i(\O 90:ZWd S-~VW900l Ab"v'lONOH.lOl:Jd 3Hl :l0 3813:l0-Q31!:J ()~ - ~3 if 1 Lkorg:; M. R~1l ,Jr vs Common. or PA All Filings before ?;i) ~e 'olP Have not been scanned! GEORGE M. RUSSELL, JR., Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2347 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Suspension Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER & SPREHA By' Attorney for Petitioner Date: June 28, 2006 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2347 CIVIL TERM GEORGE M. RUSSELL, JR., Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Suspension Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER & SPREHA By, Attorney for Petitioner Date: June 28, 2006 ~:::~ ,-j' -::f ,.'.: ('.:~, - en r"~ GEORGE M. RUSSELL, JR., Petitioner v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006-2347 CIVIL COMMONWEALTH OF PENNSYLVANIA, : APPEAL OF OPERATORS LICENSE DEPARTMENT OF TRANSPORTATION, : SUSPENSION BUREAU OF DRIVER LICENSING, ORDER OF COURT AND NOW, this 5th day of July, 2006, pursuant to the Praecipe to Withdraw dated June 28, 2006, filed in this matter, the hearing scheduled for July 13, 2006 at 10:00 a.m. is cancelled. By the Court, \t J. ~ard F. Spreha, Jr., Esquire Attorney for Petitioner ~rge Kabusk, Esquire Attorney for Penn Dot M. L. Ebert, Jr., bas ~ ,>!;p~ & ::: ~ -",'"'J ,. 0 Z I'd ,.. -'1" O.'OZ lh: . ::J- 1,,, )U'