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Home My WebLink About02-2260COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPEI,I,EE IN THE COURT OF COMMON PLEAS OF CUMBERLAND: COUNTY, PENNSYLVANIA : V. : No. O.z- .2 ~ 0 CML : : : RASHAAN M. ELAM APPEl J,ANT NOTICE OF APPEAL OF LICENSE SUSPENSION Appellant, Rashaan M. Elam, is an adult individual who currently resides at 70 W. South Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County Pennsylvania. Your appellant was citied on August 15, 2001, Cumberland County, for allegedly committing a violation of the Vehicle Code. On April 8, 2002, Appellant was convicted of operating vehicle with suspended/revoked license pursuant to 75 Pa. C.S. [1543(a). By letter dated April 16, 2002, Appellee notified Appellant that her operating privileges would be suspended for a period of one year beginning on April 16, 2002. A true and correct copy is attached as Exhibit A. Appellant has appealed her April 8, 2002, conviction to the Cotrrt of Common Pleas of Cumberland County. Said appeal is docketed atO~-/o~ Criminal. A certified copy of the Notice of Appeal of the underlying speeding conviction is attached as Exhibit B WHEREFORE, your appellant respectfully requests this Honorable Court to set a hearing and deny the Commonwealth's request that her license be suspended. Date: Respectfully submitted, 8 South Hanover St. Suite 204 Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE I, John A. Aborn, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Depa~inent of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: ~kl~k~. ~ Zip 17~lb Si~natUr~ ~~~ Name and Address of District Justice: Magisterial District No. Decision of District Justice: Offense(s) Appealed//~7~#~, VB://~/..E dl~l-t ~CC/-~.~ Name and m~iling address of officer as,shown on citation or complaint~ District Justice Docket No. 'T~ ~ 5'~7~ - OI Citation NO. '~0~=:~'~'~:;~ Y If sentence includes fine and costs, amount of which paid: Type or amount of bail fur _rf~hed tcl~_ istrict Justice, if any: t-r1 r-~ ~ ~' ~: '~,~ (signature) (print name) (address) NOTICE TO DEFENDANT: You will be notified of court hearin§ date by the District Attorney. If your appeal is from a m(~tor vehicle conviction that will result in your driver's license may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for a delay in that suspension. I l~eTJ~l~f~Jl~§Erg)$1J~eal had been filed in the above captioned matter. In Testimony whereof, I here unto Set my h~nd ////~(~(~b (~( C~er/of~he Court /~/ ~ 6umberl~J(~ Oounty WHITE - Clerk of Courts GREEN - Affiant's Coov COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= APRIL 16, 2002 RASHAAN M ELAM 70 W SOUTH ST APT 2 CARLISLE PA 17013 WID ~ 020999283283246 001 PROCESSING DATE 04/09/2002 DRIVER LICENSE ~ 2514634S DATE OF BIRTH 02/20/1979 LICENSE IN BUREAU Dear MS. ELAM: This is an Offtcta! Notlce of the suspension of your Driving Privilege as authorized by Section I5q5 of the Pennsylvania Vehicle Code. As a result of your 04/08/2002 conviction of violating Section 1545A of the Vehic[e Code DRIVING WHILE SUSP/REVOKE on 08/I5/200I: Your driving privilege is SUSPENDED ~or a per~od of 1 YEAR(S) e~fect~ve 0q/16/2002 at 12:01 a.m. This suspension is in addition to any other suspensions already on your record. PROVIDING PROOF OF INSURANCE Within the last $0 days of your suspension/revocation, we will send you a letter asking that yoga 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. Zmportant: Please make sure that PennDOT is notlfied if you move from your current address. You may notify PennDOT of your address change by calling any of the Phone numbers listed at the end of this letter. 0209992832832q6 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) N/thin $0 days of the mail date, APRIL 16, 2002, of this letter. Z~ you ~11e an appeal in the County Cou~t, the Cou~t wtll glve you a time-stamped cePtt~led copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appea! by certified mai! to: Pennsylvania Department of Transportation Office of Chief Counse! Third Floor, Riverfront O~fice Center Harrisburg, PA 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZONo Sincerely, Rebecca L, Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-952-q600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE Vo RASHAAN M. ELAM, APPEI,I,ANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0~- 2~0 cIv~ ORDER AND NOW, this ~ day of~, 2002, upon consideration of the Appellant's Notice of Appeal, a heating is set for the/5qg day of ~6a~, 200~__, at 5~: OO AM/-[~, in Courtroom # 5/ , Cumberland County Courthouse. Jo John A. AbOrn, Esquire 8 South Hanover Street Suite 204 Caxlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ..,,S.~. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEIJ,EE Vo RASHAAN M. ELAM, APPEl J,ANT IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA No. 02-2260 CIVIL PRAEClPE TO WITHDRAW NOTICE OF APPEAL OF LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly withdraw the above-captioned Notice of Appeal of License Suspension. John A. Abom, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 Pennsylvania Deparunent of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Respectfully submitted, 1'1~, L.L.P. jo . Abas, 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attorney for Appellant CERTIFICATE OF SERVIC.~. I, John A. Aborn, hereby certify that I served a copy of the within Praecipe to Withdraw Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Dep~m~ent of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: Joh~om, Esquire' ^u¢-13-ZOOZ OT:3g From-OFFICE OF CHIEF COUNSEL 71T-?OS-ilZ2 T-898 P.GOZ~O04 F',69Z COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION O~'t-iCE OF CHI~i~ COUNSEL VEHICLE & TRAFFIC LAW DMSION RIVERFRONT OFFICE CENTER-THIRD FLOOR 1101 SOUTH FRONT STREET HARRISBURG, PENNSYLVANIA 17104-2~16 vOiCE: (?17) 9a7-28~0 TELEFAX: (717) 70~-1122 John A. Aborn, Esquire 8 South Hanover Street, Suite 204 Carlisle, PA 17013 August 13, 2002 Re: Rashaan M. Elam v. Commw. of Pa., DOT, BDL, Cumberland County, 02- 2260, License Suspension Appeal Dear Attorney Aborn: I ara in receipt of your fax of August 12, 2002 and the accompanying document. Your correspondence and the et!closure indicates that upon appeal of the violation of the Section 1543 of the Vehicle Code, your client was found not guilty of that charge. Please be advised that the Department corrected its records by rescinding and deleting the violation of Section 1543 of the Vehicle Code, violation date August 15, 2001. See attached print-outs confirming thc same. A heating is scheduled for August 15, 2002, at 9:30 a.m. in Courtroom No. 4, Cumberland County Courthouse, Carlisle. As a result of the motorist's record being corrected, a hearing is not necessary. The matter could be disposed of by you withdrawing the appeal or by having a heating and having the matter dismissed of as moot. If you choose to file a praecipe to withdraw, kindly provide me a copy of the praeeipe so that I may close-out my file. If you have any questions, please feel free to. call me. Sincerely, George H. Kabusk Assistant Counsel