HomeMy WebLinkAbout02-2608Appellant
Commonwealth of Pennsylvania
Department of Transportation
Appellee
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:
F,e No.
:
~ SUSPENSION OF OPE~PRIVIL
1. Appellant herein is .~¢~£¢ ~-¢~
residing at and having a mailing address of: /~L~ ~uv,(-tte~/- ~.
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mai~ing address of:
Department of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
_ Departme,lt of Transportation, Bureau of Motor Vehicles, Harrisburg,
Pennsylvania 17123.
(~ By letter or notice dated ~lz.z.~o~. , a copy of which is attached
hereto as Exhibit A, the De:~artment of Transportation
X ordered Appellant to surrender(~~ ~-/atin~/~
+eeJis't'r'~ti~n for a period of ~0 ~1~),,~
__ denied the issuance / renewal of a driver's license.
4. Supersedeas:
~ Pursuant to 75 Pa.C.S.A. ii 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. ii 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. ii 1377(a), Appellant is retaining motor vehicle
regis .ration until final determination of the suspension of registratin~.
5. The said suspension of Appellant's p~ati~-'g~privileges~~ is
imprr~per 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,
Appellant
-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.
Date
Appellant
-3-
CONHONWEALTH OF PENNSYLVANIA
DEPARTNENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
APRIL 29, 2002
JESSE HAYS BESHORE
411 GURTNER ROAD
NEW CUMBERLAND PA
.17070
021126543637267 001
04/22/2002
26631901
06/30/1983
Dear Notorist=
Due to your failure to attend a departmental hearing, a
sanction of 60 DAY(S) is imposed as mandated by Section 1538
of the Vehicle Code.
In order to comply with this sanction you are required to
return any current driver's license, learner's permit and/or
temporary driver's license (camera card) in your possession
no later than the effective date listed. If you cannot
comply with the requirements stated above, you are required
to submit a DL16LC Form or a sworn affidavit stating that
you are aware of the sanction against your driving
privilege. Failure to comply with this notice shall result
in this Bureau referring this matter to the Pennsylvania
State Police for prosecution under SECTION 1571(a)(~) of the
Vehicle Code.
Although the law mandates that your driving privilege is
under suspension even if you do not surrender your license,
Cpedlt will not begin until all current driver's license
product(s), the DLI&LC Form, or a letter acknowledging your
sanction is received in this Bureau.
NHEN THE DEPARTNENT RECEIVES YOUR LICENSE OR
ACKNONLEDGENENT, NE NILL SEND YOU A RECEIPT. IF YOU DO NOT
RECEIVE THIS RECEIPT NITHIN 15 DAYS CONTACT THE DEPARTHENT
INNEDIATELY. OTHERNISE, YOU NILL NOT BE GIVEN CREDIT TONARD
SERVING THIS SANCTION.
The e~ecttve date of suspension ls 06/03/2002, 12:01 a.m.
Please see the enclosed application for restoration fee
information.
02112~3~$72~7
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (C/vi! Division) within 50 days of the mai!
date, APRIL 29, 2002, of this letter. Zf you flle an appeal
in the County Court~ the Court will glve you a time-stamped
certified 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 mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 1710q-251&
SEND FEE/L[CENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68695
Harrisburg, PA 17106-8695
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORMATION (7:00 AH TO 9:00 PM)
IN STATE 1-800-952-~600
OUT-OF-STATE 717-591-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-$91-6191
APPELLANT
V
MAY ~ 0 ZO0~ ~
: IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
:
~o.
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION BUREAU OF
DRIVER LICENSING
da ORDER OF COURT
AND NOW, this Y of~~k~, 20~l~ased upon Appellant's Appeal, a heating
shall be held on ~1//fday of (~f)~4f , 200 ,2fin Courtroom ~ at ~2f.~Oo'clock/~7.m.
a the Cumberland County Courthouse.
JESSE H. BESHORE
V
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-2608 CIVIL TERM
IN RE: APPEAL FROM LICENSE SUSPENSION
ORDER OF COURT
AND NOW, July 31, 2002, the matter having been called
for hearing, and the defendant having indicated to the Court
that he wished to withdraw his appeal, the appeal is deemed
withdrawn.
By the Court,
/Jesse H. Beshore 411 Gurtner Street
New Cumberland, Pa. 17070
.George Kabusk, Esquire
For Commonwealth of Pennsylvania
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