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HomeMy WebLinkAbout02-2535Appellant Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : File No.. DEN ' ~m~-~ / SUSPENSION Oi- ~qL)i't)R vEHICLE RE~iSTRA I'ION 1. Appellant herein is residing at and having a m~.iling address of: 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai.ing address of: ~ Departmer~t of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Departme.~t of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated , a copy of which is attached hereto as Exhibit A, the Department of Transportation __ ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of denied the issuance / renewal of a driver's license. 5. The said suspension of Appellant's operating impr, per or unlawful for the following reasons: 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retainin.g driver's licen,~;e until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the Apl~edant 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. § 1377(a), Appellant is retaining motor vehiclel regis .ration until final determination of the suspension of'registration. privileges / regis,:ration isi Appellant respectfully requests that this matter be set down for a hearin9 and that the ¢,'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- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing 2:39 PM PAUL ALLEN ROUSH 10 PARADISE DRIVE CARLISLE PA 17013 WID # 021336052613511 002 PROCESSING DATE 05/13/02 DRIVER LICENSE # 21426142 DATE OF BIRTH 05/12/61 Dear MR. ROUSH : Your driving privilege is restored effective 05/13/02. Please drive carefully. PENNDOT remains dedicated to safety on Pennsylvania highways because, as our customer, you are important to us. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 2I, 2002 PAUL ALLEN ROUSH 10 PARADISE DRIVE CARLISLE PA 17013 WID ~ 021349283837096 001 PROCESSING DATE 05/14/2002 DRIVER LICENSE ~ 21426142 DATE OF BIRTH 05/12/1961 Dear MR. ROUSH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 05/15/2002 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 02/10/2001: · Your driving privilege is SUSPENDED fop a peP/od of 3 MONTH(S) effective 06/25/2002 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 instPuctions vePy caPefully. Even if you have sePved all the t/me on the suspenslon/pevocatlon, we cannot pestoPe youP dPlvlng pPlv- 11ege untll all the pequlPements ape satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, iearner's permits, temporary driver's licenses (camera cards) in your possession on or before 06/25/2002, You may surrender these items before, 06/25/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER~S LZCENSE FOR ZDENTZFZCATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $9.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not Pecelve cPedlt towaPd sePving any suspension untll we eecelve youP license(s). Complete the following steps to acknowledge this suspension. 021~928385709G 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 nota- rized 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 68695 Harrisburg, PA 17106-8695 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 con- firming the date that credit began. If you do not re- ceive a receipt from us within 5 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. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION iSTI(a)(q) of the Pennsylvania VehicIe 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 restoratAon fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Wr~te 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. 0213~92838~709~ PROVIDING PROOF OF INSURANCE Within the last 50 days of your suspension/revocation, we will send you e letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. XmpoPtant: Please make sure that PennDDT is notified if you move from your current address. You may notify PennDOT of your address change by calIing any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within $0 days of the mail date, HAY 21, 2002, of this letter. If you file an appeal in the County Court, the Cou~t will give you a time-stamped oePtified 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 TK~a~sportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17.10q-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/25/2002. 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 68695 Harrisburg, PA 17106-8695 INFORHATION (7:00 AN TO 9:00 PN) IN STATE 1-800-932-q600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 2002 Commonwealth of Pennsylvania Depatiment of Transportation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT ANDNOW, this~_~dayof ~/4~ ~ ,2002, based upon Appellant's .A, ppeal, ahearing shallbe held on~ay of S~~"/~, 2002' in C°urtr°°m--~ at]]° l~lJ°'cl°ck~-'m' at the Cumberland o~un~ ~u~ c~se. PAUL ALLEN ROUSH, : : Appellant : : V. : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2535 CIVIL TERM AppEAL FROM LICENSE SUSPENSION O_RDER OF COURT AND NOW, this 23rd day of September, 2002, hearing in this matter is continued until November 25, 2002, at 9:30 a.m., to give the Appellant the opportunity to file an appeal of the underlying conviction. A copy of this order shall suffice to allow the Appellant to file the appeal nunc pro tunc if said appeal is filed within 10 days of today's date. By the d~,JE. E ' feorge Kabusk, Esquire Attorney for Appellee gaul Allen Roush ~ Appellant, Pro se srs ~,.~\ A \\~, ~-'~'~ ~ Appel[ant VS, Commonwealth of Pennsylvania : Department of Transportation : Appellee : :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRA liON 1. Appellant herein is J::),.i ~ Il,, residing at and having a m~:iling address of: 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai.lng address of: ~// Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Departme3t of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated , a copy of which is attached hereto as Exhibit A, the Dei3artment of Transportation ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of denied the issuance renewal of a driver's license. 4. Supersedeas: - Pursuant to 75 Pa.C:S.A.-§ 1550(b}(1)(ii] Appellant is retaining driver's li~en'~:e until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the Ap~edant 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. § 1377(a), Appellant is retaining motor vehicle regis .ration until final determination of the suspension of'registration. 5. The said suspension of Appellant's operating privileges impr~.per or unlawful for the following reasons: / regis',:~ation is I ?1 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 understand that false-statements herein are ma_de subject to-the-penalties-of 18 Pa.C S.A. § 4904, relating to unsworn falsification to authorities. PAUL ALLEN ROUSH, : Appellant : : V. : : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2535 CIVIL TERM APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 23rd day of September, 2002, hearing in this matter is continued until November 25, 2002, at 9:30 a.m., to give the Appellant the opportunity to file an appeal of the underlying conviction. A copy of this order shall suffice to allow the Appellant to file the appeal nunc pro tunc if said appeal is filed within 10 days of today's date. By the Edward E. Guido, J. George Kabusk, Esquire Attorney for Appellee Paul Allen Roush /Appellant, Pro se srs PAUL ALLEN ROUSH, : Appellant : : V. : : COM14ONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2535 CIVIL TERM ORDER OF COURT this 25th day of November, 2002, AND NOW, after hearing, and after consideration of the Commonwealth's exhibits, the action of the Department is sustained, and the appeal iS DISMISSED. Edward E. Guido, J. / Paul A. Roush, Pro se /George Kabusk, Esquire For the Appellee it