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Home My WebLink About02-2421 WILUAM A. SHUE, JR. Petitioner vi. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~ _ : CIVIL ACTION - LAW ANDNOW, IhisO~..~ dayof ~'~/:~ Y 2002, uponconsidemtionofthe within Petition a hearing on this matter shall be held on the/*~'~'day of ~ 2002, aCm_0o'cioc<~)~,n cou. ~om number -.~ o,,he Oum~,~n~ Oount, Courthouse. Until Final Decision on this matter action by respondent relative to license suspension pursuant to Section 1539 of the vehicle code is hem~ / WILLIAM A. SHUE, JR. Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENTOFTRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW PETITION FOR APPEAL OF SUSPENSION OF DRIVERS PRNILEGES pURSUANT TO SECTION 1539 OF AND NOW, comes Petitioner, William A. Shue Jr., who is support of his support of his Petition avers as follows: Petitioner, Willaim A. Shue, Jr., is an adult individual with a residence located at 7 West Highland Avenue, Enola, Cumberland County, Pennsylvania 17025. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Ddver Licensing, Harrisburg, Pennsylvania 17123. On Apdl 19, 2002, Petitioner was fonvarded a letter frem Respondent notifying Petitioner that his operators license will be suspended effective May 24, 2002, for a peded of 60 days. A copy of said letter is attached hereto and labeled Exhibit Petitioner believes and therefore avers that the suspension for the reasons set forth in Exhibit 'A" is improper and inaccurate. WHEREFORE, Petitioner respectfully requests that the Court dismiss the aforementioned suspension. Further, Petitioner requests a Stay be issued by the Court relative to the suspension. Until such time as the court make a final order in this matter. 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 WILLIAM A. SHUE, JR. Petitioner vii. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. : : CIVIL ACTION - LAW ; CERTIFICATE OF SERVICE I, Michael J. Pykosh, Esquire, hereby cedify that on this I ~ day of May 2002, a true and correct copy of the foregoing Petition by Fir'st Class Mail, on the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 (Certified Copy) Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 APRIL 19, 2002 WILLIA~ A SHUE JR 7 W RIGHLAND AVE ENOLA PA 17025 021029283347543 001 04/12/2002 25226547 11/19/1979 Dear Motorist: As a result of your conviction of violating section $362 of the Vehicle Code EXCEEDING MAXIMUM SPEED on 0~/11/2002, q points have been assigned to your record. Your total point accumulation is 12 points. Since your Point record shows an accumulation of 12 Points, a sanction of 60 DAY(S) is hereby imposed as mandated by Section 1539 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 Poi/ce for prosecution under SECTION 15?l(a)(fi) of tile Vehicle Code. Although the law mandates that your driving privilege is under suspension even if You do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The e~ectlve date of suspension ls 05/24/2002, 12:01 a.m. 021029283347543 Please?see the enclosed application for restoration fee information, You will be notified of any outstanding restoration requirements approximately 50 days before the eligibility date of the restoration of your driving privilege'. You must follow those instructions very carefully in order to have your driving privilege restored. 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. Zf You flle an appeal in the County CouPt, the Coupt w111 glve You a time-stamped cePttfted copy of 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 1710q-E51& Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICEHSE/DL-16LC/TO: Department of Transportation Bureau of Driver~Licen*sing P.O. Box .68695 Harrisburg, PA 17106-8695 INFORNATION (7=00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AH TO 9=00 PN) 1-800-952-q600 717-$91-6190 1-800-228-0676 717-391-6191 IIIIIIIIII II II I II I I Ii~ II I II WILLIAM A. SHUE, JR. Petitioner viii. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I undemtand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unswom falsification to authorities. William A. Shue, Jr. WILLIAM A. SHUE, JR., Petitioner COMMONW~M-TH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2421 : .. _. PRAECIPE To the Prothonotary: Please mark the above captioned matter withdrawn. Respectfully submitted, J~J. P;j~sh Attorney Id No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446