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Home My WebLink About06-4616 MICHAEL B. GOODMAN, ESQUIRE IDENTIFICATION NO. 55985 1910 SWEDE ROAD EAST NORRITON, PA 19401 (610) 239-7250 ATTORNEY FOR PETITIONER JAMES D. TUCKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES D. TUCKER 2058 MAPLE AVENUE APARTMENT G2l2 HATFIEW, PA 19440 NO. 06- 4l.rtl..:. C;OI[~E1L~ Petitioner v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG, P A 171 04 Respondent PETITION FOR APPEAL FROM THE DEPARTMENT OF TRANSPORTATION'S NOTICE OF SUSPENSION OF PETITIONER'S DRIVING PRIVILEGES Petitioner, James D. Tucker, by her attorney Michael B. Goodman, Esquire, files this Appeal from the Notice of Suspension issued by Respondent, the Pennsylvania Department of Transportation (hereinafter "PennDOT"), suspending Petitioner's driving privileges, and in support thereof states the following: 1. Petitioner James D. Tucker is an adult individual residing at 2058 Maple Avenue, Apartment G2l2, Hatfield, Montgomery County, Pennsylvania. 2. Respondent is PennDOT, with offices at the Riverfront Office Center, Harrisburg, Pennsylvania 17104. 3. The Petitioner is a duly licensed driver in the Commonwealth of Pennsylvania with a driver's license number of 25634007 4. On July 19, 2006, PennDOT allegedly issued a notice to Petitioner suspending Petitioner's driving privileges for 20 days, pursuant to 75 Pa. Cons. Stat. Ann.~ l544(a). 5. The above suspension was based upon Petitioner allegedly being convicted of violating 75 Pa. Cons. Stat. Ann.~ 3362(a)(2), Exceeding Maximum Speed Limits; said violation allegedly taking place on April 16, 2006. Although Petitioner never received the notice dated July 19, 2006, a true and correct copy of a three (3) year driver's license abstract, referencing the date of the notice, is attached hereto, incorporated herein and marked as Exhibit "A." 6. Petitioner contests this conviction in that a Summary Appeal has been filed to said alleged violation with the Cumberland County Clerk of Courts. 7. The Notice of Suspension is insufficient as a matter of law and violates due process under the Pennsylvania and the United States Constitutions. 8. Said suspension is not supported by the evidence and is erroneous as a matter of law. 9. Said suspension is unconstitutional in that it violates due process and equal protection under both the Pennsylvania and the United States Constitutions. 2 10. Said suspension is contrary to law. 11. Said suspension should be automatically stayed upon the filing of this Petition and upon timely notice to the Department of Transportation. WHEREFORE, Petitioner, James D. Tucker, respectfully requests this Honorable Court to Grant this appeal, and in the interim, that this Honorable Court enter a stay of the suspension of Petitioner's operating privileges pending this appeal and order that PennDOT's suspension be dismissed. 3 VERIFICATION I, James D. Tucker do hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities. J es D. Tucker 6->< h' b,t Pr PENNDOT Driver and Vehicle Services - Online Documents Page 1 of2 II PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING DRIVER: JAMES DAVID TUCKER 2058 MAPLE AVE APT G212 HATFIELD, PA 19440 QJ3.1',[ERUCENSE (DL) LICENSE CLASS: LICENSE ISSUE DATE: LICENSE EXPIRES: ORIG ISSUE DATE: MED RESTRICTIONS: LEARNER PERMITS: LICENSE STATUS: THREE YEAR DRIVER RECORD AUG 02 2006 C DEC 07 2004 NOV 14 2008 AUG 01 1997 NONE SUSPENDED QCCUPATIONAL LIMITED LICENSE (OLIJ OLL LICENSE CLASS: OLL LICENSE ISSUED: OLL LICENSE EXPIRES: OLL LICENSE STATUS: DRIVER'S LICENSE NO: DATE OF BIRTH: SEX: RECORD TYPE: 25634007 NOV 13 1980 MALE REG LIC/ID COMMERCIAL DRIVER LICENSE (CDJ.} CDL LICENSE CLASS: CDL LICENSE ISSUED: CDL LICENSE EXPIRES: CDL ENDORSEMENTS: NONE CDL RESTRICTIONS: NONE CDL LEARNER PERMITS: CDL LICENSE STATUS: SUSPENDED Sf3 ENDORSEMENTS: PROBATIONARY LICENSE (PL) PL LICENSE CLASS: PL LICENSE ISSUED: PL LICENSE EXPIRES: PL LICENSE STATUS: REPORT OF VIOLATIONS AND DEPARTMENTAL ACTIONS VIOLATION DATE: VIOLATION: DESCRIPTION: COMM VEHICLE: ACTION: COURT INFO: VIOLATION DATE: APR 16 2006 VEHICLE CODE: 1533A FAILURE TO RESPOND NO HAZMAT: NO CDL HOLDER: NO SUSPENSION EFFECTIVE JUL 07 2006 OFFICIAL NOTICE MAILED JUN 16 2006 09303 CITATION NO: N01531331 PHONE NO: (717)486-7672 APR 16 2006 hlt1Js:llwww.dot3.state.pa.us/driver _ servicesl AmsServlet.jsp 8/2/2006 PENNDOT Driver and Vehicle Services - Online Documents Page 2 of2 VIOLATION: DESCRIPTION: VEHICLE CODE: 3362 EXCEEDING MAXIMUM SPEED 079 MPH IN A 055 MPH ZONE NO HAZMAT: NO CDL HOLDER: NO JUL 11 2006 SUSPENSION FOR 20 DAY(S) EFFECTIVE JUL 19 2006 OFFICIAL NOTICE MAILED JUL 19 2006 COMM VEHICLE: CONVICTION DATE: ACTION: REPORT OF MEDICALS AND DEPARTMENTAL ACTIONS NO MEDICALS OR DEPARTMENTAL ACTIONS DURING THIS REPORTING PERIOD REPORT OF ACCIDENTS AND DEPARTMENTAL ACTIONS NO ACCIDENTS DURING THIS REPORTING PERIOD *** END OF RECORD *** WID #: 062142600036799 PROCESSED: 08/02/20066:11 PM ~:!l!~j hlt1Js:llwww.dot3.state.pa.us/driver _ services/ AmsServlet.jsp 8/2/2006 ~ 't~ -.. ~ '"Ii) ~ ~- ~ ~ !'1 ~ ~ ~ 40- ~ . . o c: d,\~;:'\ t;:;, j' -~ tj)'.::,~ ~;:~ :J:';c) ,~:'(.',! J;.' ':., z) ;:;: ~ Q = C1' ~ ~ r>':!l~ u> "'" - 6 o ~:B ~ z~ ~ l.f? "" ~ ..0 v\ RECEIVED i AU G 1 1 200b \ BY: I MICHAEL B. GOODMAN, ESQUIRE IDENTIFICATION NO. 55985 1910 SWEDE ROAD EASTNORRITON,PA 19401 (610) 239-7250 ATTORNEY FOR PETITIONER JAMES D. TUCKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES D. TUCKER 2058 MAPLE AVENUE APARTMENT G2l2 HATFffiLD, PA 19440 NO. 06- .Jj{,1 h C~uLe-r~Yl( Petitioner v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104 Respondent ORDER FOR HEARING AND NOW, this I~ day of ~ 2006, upon consideration of the appeal of Petitioner James D. Tucker, to the Notice of the Pennsylvania Department of Transportation suspending Petitioner's driving privileges, it is hereby ORDERED and DECREED that a hearing is granted to determine whether the Petitioner is subject to such a suspension. Hearing is fixed for the ~n"(dayof?~1/lhL ,2006, in Courtroom "1" of the Cumberland County Courthouse, Carlisle, Pennsylvania at II ;~. a . '" . BY THE COURT: '?- (~-O~ ~ ~J- 7JI~ 2 .AJ J. \11~N^lASNN.3d AlNnC(\ :J:'.,~\nr:jgV'JnQ 60 :11 WV SI ~nv 900Z Ai:N10NOH10i:!d 3Hl ~O 381~~o-031I:l MICHAEL B. GOODMAN, ESQUIRE IDENTIFICATION NO. 55985 1910 SWEDE ROAD EAST NORRITON, PA 19401 (610) 239-7250 ATTORNEY FOR PETITIONER JAMES D. TUCKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W JAMES D. TUCKER Petitioner NO. 06-4616 v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL Respondent PRAECIPE TO WITHDRAW LICENSE SUSPENSION APPEAL TO THE PROTHONOTARY: Kindly withdraw the License Suspension Appeal filed in the above-referenced matter as the issue under appeal is now MOOT. chael B. Goodman, Esquire Attorney for Petitioner James D. Tucker J L (/1/0Cf Date ~;\ r<i .. c..J ~