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Home My WebLink About02-1738Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : File No. : : : : : DENIAL OF DRIVER'S LICENSE / SUSPEN~i-ON OF MOTOR VEHICLE REGISTRATIO¢' 1. Appellant herein is ('~Ok,,~-~ ~,~ residing at and having a m~.iling address of: ~;~ P/~I~ /~¢L~ ~ ~¢~/,~) /~/3 i~o;~O 2. Appellee herein i3 the Department of Transportation of the Commonwealth of Pennsylvania, having a mai~ing address of: '~ Departmerlt of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Departme~3t of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated ~H I~ 2.oo~ , a copy of which is attached hereto as Exhibit A, the De3artment of Transportation __ ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of __ denied the issuance / renewal of a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retaining driver's license until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the Appellant must be held before the Court of Common Pleas before an order of supe., sedeas can be issued. Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis .ration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / registration is improper or unlawful for the following reasons: Appellant respectfully requests that this matter be set down for a hearing and that the c~'der of suspension / order of denial be set aside. Respectfully submitted by, -2- I verify that the statements made in this Petition are true and correct. I unde'stand that false statements herein are made subject to the penalties of 18 Pa.C S.A. § 4904, relating to unsworn falsification to authorities. Appellant -3- ROBERT DARRELL LEWIS, APPELLANT Vo COMMONWEALTH OF : PENNSYLVANIA, : PENNSYLVkNIA DEPARTMENT : OF TRANSPORTATION BUREAU : OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1738 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 10th day of June, 2002, further hearing herein is continued, and the defendant is given 30 days within which to file with the Court an offer of proof with respect to his contention that he was not convicted of driving without a license on June llth, 1998. In the event that the appellant fails to file such an offer, the appeal will be denied. In the event that such an offer is filed, a new hearing will be rescheduled. By the Court, Robert Darrell Lewis, Pro Se 611 Park Avenue New Cumberland, PA 17070 A. Hess, J. Terrance M. Edwards, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street - 3rd Floor Harrisburg, PA 17104-2516 :mae ~NVA]~NN3a ~N~O0 C~J~rl~'~i~tO ROBERT DARRELL LEWIS, PETITIONER COMMONWEALTH OF PENNSYLVANIA, · DEPARTMENT OF TRANSPORTATION, · BUREAU OF DRIVER LICENSING, · RESPONDENT · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-1738 LICENSE, SUSPENSION APPEAL MOTION TO SCHEDULE M~D~ER OR FOR THE COURT TO ISSUE AN ORDER ,, ENYING TIlE APPEAI~ The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (Department), by and through its attorney, George H. Kabusk, Esquire, respectfully represents as follows: 1. By notice dated March 18, 2002, the Department of Transportation notified Robert Dan'ell Lewis, O.L.N. 18118854, that as a result of his March 8, 2002, conviction of violating Section 1501A of the Vehicle Code, relating to Operator Must Be Licensed, on February 23, 2002, his driving privilege was being suspended for a period of 6 months, as mandated by Section 1532(b) of the Vehicle Code. 2. The petitioner filed a license suspension appeal in the Court of Common Pleas of Cumberland County, docket number 02-1738, on or about April 9, 2002. 3. The petitioner's operating privilege has been restored pending the license suspension appeal pursuant to Section 1550 of the Vehicle Code. 4. An Order was issued on April 11, 2002, setting a heating for June 10, 2002. 4. A hearing was held on June 10, 2002. 5. The Court issued an Order dated June 10, 2002, which reads as follows: AND NOW, this 10th day of June, 2002, further hearing herein is continued, and the defendant is given 30 days within which to file with the Court an offer of proof with respect to his contention that he was not convicted of driving without a license on June 11 th, 1998. In the event that the appellant fails to file such an offer, the appeal will be denied. In the event that such an ofth' is filed, a new hearing will be rescheduled. 5. The Department has received no correspondence nor any offer of proof from the petitioner regarding his allegation that either (1) he was not conviction on March 18, 2002, of a violation of Section 1501 of the Vehicle Code on February 23, 2002, or (2) that he was not convicted on June 11, 1998, of a violation of Section 1501 of the Vehicle Code on May 16, 1998. 6. The license suspension matter is still pending. WHEREFORE, the Department respectfully requests that its Motion to Schedule Case for Hearing be granted and that the aforesaid matter be set for hearing to dispose of the matter or that the Court resolve this matter by issuing an Order denying the Appeal and reinstating the suspension which is the subject of this appeal. Respectfully, submitted, · Date: April 17, 2003 George H!.'~abusk, Esquire Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 ROBERT DARRELL LEWIS, PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA, · DEPARTMENT OF TRANSPORTATION, · BUREAU OF DRIVER LICENSING, · RESPONDENT · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-1738 LICENSE', SUSPENSION APPEAL ,VERIFICATION I verify that the statements made in the Motion To Schedule Matter Or For The Court To Issue An Order Denying The Appeal are true and correct. I understand that false statements are made subject to the penalties of ! 8 Pa. C. S. Section 4904, relating to unswom falsification to authorities. Date: April 17, 2003 George H. ~abusk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 ROBERT DARRELL LEWIS, PETITIONER Vo COMMONWEALTH OF PENNSYLVANIA, · DEPARTMENT OF TRANSPORTATION, · BUREAU OF DRIVER LICENSING, · RESPONDENT · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-1738 LICENSE; SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion To Schedule Matter Or For The Court To Issue An Order Denying The Appeal upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Robert D. Lewis, Esquire 611 Park Avenue New Cumberland, PA 17070 Date: April 17, 2003 / George'F1. Kabusk Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 ROBERT DARRELL LEWIS, PETITIONER COMMONWEALTH OF PENNSYLVANIA, · DEPARTMENT OF TRANSPORTATION, · BUREAU OF DRIVER LICENSING, · RESPONDENT · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-1738 LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~ ~ day of~ filed in the above referenced matter is: ,2003, the appeal ~DENIED and the suspension which is the basis of this appeal shall be REINSTATED. RF4SCHF, J)ULED fi~ the aq,x-v~f ~ ,2003..a~ __.m., l~nnsylvania. ~ BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfi'ont Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Robert D. Lewis, 611 Park Ave., New Cumberland, PA 17070