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Home My WebLink About02-2095COMMONWEALTH OF PENNSYLVANIA: 1N 'I'HE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA · NO oo -c NORMAN ELAM : PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVER'S LICENSE TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY: The Petition of Norman Elam respectfully represents: 1. That he resides at 12 Sandy Bottom Road, Dickinson Township, Carlisle, Pennsylvania 17013, in this county. 2. That he currently possesses a valid driver's license which has not heretofore been suspended, canceled or revoked. 3. That April 12, 2002, he was notified by the Department of Transportation that his driver's license had been suspended for the following reason as set forth in the notice: violation of Section 3345A of the Vehicle Code, Passing a School Bus. A copy of said Notice is marked as Exhibit "A" and attached hereto. That said suspension is improper for the following reasons: The underlying conviction of Section 3345A has been appealed from District Justice Paula Correal to The Court of Common Pleas of Cumberland County on April 26, 2002. A trial de novo will be held at 02-00954 Criminal in the Court of Common Pleas. A copy of said Notice of Appeal is attached hereto and marked as Exhibit "B". 5. The suspension of Petitioner's license is improper until the case at 09-00954 is completed. If the Petitioner is acquitted of said charges, the license suspension would not take place. 6. The Petitioner, Norman Elam, requests that the Court issue a supersedeas to prohibit the suspension of his license until this case and the Appeal docketed to Cumberland County Criminal number 02-00954 is resolved by the Court. EXHIBIT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 19, 2002 NORMAN ELAM 12 SANDY BOTTOM RD CARLISLE PA 17013 WID ~ 021029283351728 001 PROCESSING DATE 04/12/2002 DRIVER LICENSE e 22615982 DATE OF BIRTH 07/12/1933 Dear' HR. ELAM: This is an Off/c/a! Notlce cf the Suspension of your Driving Privilege as authorized by Section 1535 of the Pennsylvania Vehicle Code. As a result of your 04/11/2002 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 03/27/2002= Your driving privilege is SUSPENDED for a perlod of 60 days effective 05/24/2002 at 12:01 a.m. PennDOT is required by law to assign 5 points to your driving record. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for CONPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should fo!loN ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, Ne cannot restore your drSv~ng privilege untll a11 the requLrements are satisfied. COMPLYING WITH THIS SUSPENSION You must return ail current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 05/24/2002. You may surrender these items before, 05/24/2002, for earlier credit; however, you may .not drive after these items are surrendered. YOU NAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 99.00. You must Present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain Your Photo identification card. 0210292§$35172§ PROVIDING PROOF OF INSURANCE Within the last $0 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 awn a vehicle registered in Pennsylvania. ZmpoPtant: 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 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date, APRIL 19, 2002, of this letter. I~ yOU ~tle an appeal in the County CouPt, the Couet w111 glve you a time-stamped cePtt~ied copy o~ 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 OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 05/24/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-q600 TDD IN STATE OUT-OF-STATE 717-591-6190 TOD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-591-6191 021029285551728 YOU W~11 not receive credit toward serving any suspension unt~ ~e receSve you~ ~cense(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 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~ 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 68695 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of Your Pennsylvania driver's license(s), learner~s permit(s), and/or 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 $ weeks, please contact our office. Otherwise, you wil1 not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return a11 current driver license products, we must refer this matter to the Pennsylvania State Police for prosAcution under SECTION 1571(a)(~) 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 (listed on the first page) on the check or money order to ensure proper credit. 5. Follow the payment and mailing instructions on the back of the application. EXHIBIT INTHE COURT OF COMMON PLEAS, COUNTY OF ....~:~'~J~ ........................... Notice of Appeal from Summary Criminal Convict/on Name and Address of Defendant: 12 SAI~)Y sOl'tl]~ ROAD CARLISI..~. PA Z P 17013 Date:..A~RIL..26...2002 Issuing Autflority Docket NO....'~':~(~.]:~.~.8~'~ ............... Citatio, NO.......~'~.'~ ~'~ '~ 7. .~''~ ~ ........................................... Magisterial District No........(~.~.~.~ ..................................... Appeal from sentence of........~"~...~']~.A.- ................................................................................................................................................................................ : ........ Date of Sentence:......¢~'.~]:~;.[~ ................ Offense(s) of wh ch convicted.....:~ASSY,~'.A.,SCE00L..iU]S......S~ct-t-a~-33'65~ ....................................... Name and mailing address of affiant as shown on citation OFFIC~ or complaint ....................................................................................... Name and address of issuing authority: NORTH N'r~DLETON TOWNSHIP POLICE 2051 SP]LTNG ROAD ...CARLISLE, ~. . Zip ...~:.~..0. ~..~ .......... Phone 717-243-7910 If sentence includes fine and costs, amount of which paid: $190.00 Type or amount of bail furnished to issuing authority, if any: Name and address of/ /~ . A'i~%%N~; IDENTIFICATION NO. Attorney for (signature) .~.....~..~.~ ........................................... (print name~....~ ~~.*...~-~ ..................................... (street).....:~..~.T...~...~ ............. ~one ............................... Z P[7.O.[$:3ggg .......... NOTICE TO DEFENDANT: If your appeal is from a motor vehicle conviction other than parking, have the clerk of co~:~ce .~. this copy and mail to the following address: '< ' Bu, ~ ~,[ T, =;;;~. $,=;~;., Gum =i;~, ,o g~,,, 308 T, ~,',4~, [=[;~ ..... d Sa;~;'f 3~;;3;,,~ ;;~.;o;.,~, P~n,,of;.~.;. 17123 Penn. Dept. of Tmnsportatlar~ PO Box 60037 Harrisburg, PA 17106 I hereby certify that an appeal has been filed in the above captioned matter. A TRUE COPY FROM RECORD in Testimony whereof, I here unto set my and the seal of said Court at Carlisle, PA. .~'-day of .~t..~ , 20 ~::~,h-z 61~'rk of the Cou~ t CLERK OF COURT VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date:~~ COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002 -00954 NORMAN ELAM : CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Appeal From Order of Department of Transportation Suspending Driver's License was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 By: IRWIN, Mc/~GHT &~I~GHES ~a'~rcus ~. M~cI~ Ii, Esquire 60 West Pomfret~Stre( Carlisle, PA 1701~,,._~ (717) 249-2353 Supreme Co~ I.D. No. 25476 Date: April 29, 2002 IN THE COURT OF COMMON PLEAS OF )~x. COMMONWEALTH OF PENNSYLVANIA: CUMBERLAND COUNTY, PENNSYLVANI~]~' 0 2 ;7002 DEPARTMENT OF TRANSPORTATION : V. : : NORMAN ELAM : 200z- RE~LIMINARY ORDER AND NOW, this~ day o~j~, 2002, upon consideration of the foregoing Petition, a hearing de novo is' ~ogrante determine whether the action of the Department of Transportation in suspending the driver's license of the Petitioner should be set aside. This Appeal acts as a supercedeas pursuant to 75 Pa. C.S.A. Section 1550. A hearing is scheduled for ~ ~O 7 ,2002, at / -f~//-gn. in Courtroom No. ~_~, Cumberlan~County Courthouse, Carlisle, Pennsylvania, and the Prothonotary shall notify the Depm:hnent forthwith. BYTHECOURT, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION V NORMAN ELAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : 02-2095 CIVIL : IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, July 29, 2002, George Kabusk, Esquire, having appeared on behalf of PennDOT, and Marcus McKnight, III, Esquire, having appeared on behalf of the petitioner, by agreement of counsel, this matter is remanded to the Department to correct the record to reflect that the petitioner was found not guilty of the underlying violation of Section 3345 of the Vehicle Code, violation date 3/27/2002, and to rescind the suspension which is the subject of this appeal. By the Court, /George Kabusk, Esquire '~ For the Commonwealth /Marcus McKnight, III, Esquire For Norman Elam :mtf