The URL can be used to link to this page

Home My WebLink About06-6031 BRYAN A. ORTENZIO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYL VAN IA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO. OiP - ~6J/ C;o~ll~ v. LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Bryan A. Ortenzio, hereinafter Petitioner, by and through his attorneys, Mancke, Wagner & Spreha, who respectfully represent: 1. The Petitioner, Bryan A. Ortenzio is an adult individual residing at 1716 Olmsted Way East, Camp Hill, 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 October 2, 2006, the Petitioner received an Official Notice of Suspension from the Department of Transportation, indicating that his license will be suspended for a period of six months as a result of a conviction for 75 Pa.C.S.A. 93736, reckless driving. (See 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 before the Court of Common Pleas in York County. WHEREFORE, Petitioner respectfully requests this Honorable Court to hold a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA Edward F. Sp, ha, Jr. Attorney I o. 78661 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: October 9,2006 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 02, 2006 BRYAN A ORTENZIO 1716 OLMSTED WAY EAST CAMP HILL PA 17011 WID i 062689283905841 001 PROCESSING DATE 09/25/2006 DRIVER LICENSE i 28244108 DATE OF BIRTH 07/04/1988 Dear MR. ORTENZ!O: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 09/15/2006 conviction of violating Section 3736 of the Vehicle Code RECKLESS DRIVING on 09/11/2006: . Your driving privilege is SUSPENDED fol'" a per"iod of 6 MONTH(S) effective 11/06/2006 at 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 instl"'uctions very cal"'efully. Even if you have sel"'ved all the time on the suspension/I"'evocation, we cannot I"'estol"'e yO U I'" dl"'iving pr"ivilege until all the r"equil"'ements al"'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 11/06/2006. You may surrender these items before, 11/06/2006, 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 (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not I"'eceive cr"edit towal"'d sel"'ving any suspension until we I"'eceive your" license(s). Complete the following steps to acknowledge this suspension. ~ EXHIBIT (:l ~~. ~ . en ..J -' <( 062689283905841 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'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 licensees), 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 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 (listed 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. 062689283905841 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 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 02, 2006, of this letter. If you file an appeal in the county COUf"t, the COUf"t will give YOU a time -stamped cef"ti fied copy of the appeal. In 0 r d e r 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 Rememb er, t his is a n OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 11/06/2006. Sincerely, l;)rew Janet L. Dolan, 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 (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6: 00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. /6/'5" / DC. . , Date ~- (J ~ rt -p ) 7' tI1 r, -'\1 t \l V\ i:.: .-\ '.. C" ...., ,- ( ~7'\ . , , - t...; V1 - ~ cr" ~ C/ , ..-,"'-\ ~ If? -~ ~ _r -- .' ( ~ c.> ; ------- ~ BRYAN A. ORTENZIO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01.. - '6J ( c,uiL Iffl-~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, thisd5~ay of {fdtt~JL- ,2006, upon consideration of the within Petition, it is hereby ordered and decre~ that a hearing be held on the .;lI5-u1 day of ~ 11 ~ ,2oo}. at It; ;([D_ 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: Distribution: /};j J. ..-Ed~rd F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 .Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 -t \.ji;\i\/!\l/\S t..4 f'.} 3d I J 'd'~~~ ,-', "'."-".'..'-. C',\l"',", t\Lf~: ",' , i"":::V'if Iv S E :8 i4d Sl 1::10 9002 I U\/f "1(\U':..!! (',\..; I ~Hl jO ^CJ.v_V,'1 i .<.vuO...J ... 381:1jCHJ311:l v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6031 CIVIL TERM BRYAN A. ORTENZIO, 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 & MCQUILLAN By E F. preha, Jr., Esquire Attorney I.D. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner Date: 1- JY-01 1"0..... = = -..I <.- ;.0.. :z;: C) -n ~ IT}'" -oFn ?<y :-:::"\ (~~ ~ (" -', ;2;Q Grn c""! ;;t> :XJ -< r-" U1 -0 ~ <...'? o \.0