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Home My WebLink About06-6829 TERENCE G. SMITH, JR., Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO, o/... -kP~? (]t....,'L ~~ LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW, comes Terence G, Smith, Jr., hereinafter Appellant, by and through his attomeys, Mancke, Wagner, Spreha & McQuillan, who respectfully represent: 1. The Appellant, Terence G. Smith, Jr. is an adult individual residing at 3922 Emilridge Drive, Mechanicsburg, 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 31, 2006, the Appellant received an Official Notice of Suspension from the Department of Transportation, indicating that his driving privilege would be suspended indefinitely effective December 5, 2006 for failing to respond to a citation issued in the state of North Carolina. (See Exhibit A). 4. Appellant believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a, Petitioner is in the process of resolving the outstanding citation in North Carolina, WHEREFORE, the Appellant 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 & MCQUILLAN Edward F. P a ., Esq. Attomey 0, 7 61 Attomey for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 Dated: November 24,2006 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 31, 2006 TERENCE G SMITH JR 3922 EMIL RIDGE DRIVE MECHANICSBURG PA 17050 WID. 062976186931302 001 PROCESSING DATE 10/24/2006 DRIVER LICENSE. 27126688 DATE Of BIRTH 12/14/1984 Dear MR. SMITH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1533B of the PennsYlvania Vehicle Code. Your driving privilege will be suspended ef- fective 12/05/2006 at 12:01 a.m. for failing to respond to citation number E446660 issued on OS/28/2006. This suspension means that yoU will not be allowed to drive a motor vehicle on or after 12/05/2006 unless YOU are noti- fied in writing by PennDOT that your driving privilege is restored. PLEASE READ THIS LETTER IN ITS ENTIRETY. THIS IS A FINAL ORDER OF SUSPENSION. THE ONLY WAY TO AVOID THIS SUSPENSION IS TO COMPLETELY FOLLOW THE DIRECTIONS BELOW FOR RESPONDING TO THE CITATION BEFORE THE EFFECTIVE DATE. IF YOU DO NOT FOLLOW THESE DIRECTIONS, THIS SUSPENSION WILL GO INTO EFFECT ON 12/05/2006. RESPONDING TO THE CITATION If yoU respond to the citation BEFORE the suspension date, yoU will avoid this suspension. In order to respond to this citation, YOU must follow the steps below: 1. Contact the Court: WILSON CO COURT COUNTY COURTHOUSE WILSON NC 27893 (919) 291-7500 2. Tell the Court, in person or by mail, whether YOU wish to plead 'guilty' or 'not guilty' to the violation. Please Note: If YOU pay the fine without signing 'guilty' or 'not guilty,' it is considered an automatic plea of 'guilty.' ,a. If yOU plead 'guilty,' pay all fines and costs. Mail your check or money order to the Court or ap- pear in person and pay by cash, check or money or- der. It is your responsibility to make sure that the Court receives your payment BEFORE 12/05/2006. Pr 062976186931302 Do not mail or bring your citation payment to PennDOT. b. If yOU wish to plead 'not guilty,' contact the Court for further information and instructions. It is your responsibility to make sure that the Court re- ceives your payment BEFORE 12/05/2006. Do not mail or bring your citation payment to PennDOT. c. Contact the Court if this letter does not list an amount owed for the violation. d. If YOU have questions about this process or cannot afford to pay all fines and costs, contact the Court for assistance. 3. If your response to the citation is accepted by the Court BEFORE 12/05/2006, yOU will receive notice from PennDOT regarding restoration of your driving privilege. 4. Please Note: ResPonding to the citation before the sus- pension date excuses yOU from this suspension of your driving privilege, not the actual violation. COMPLYING WITH THIS SUSPENSION You must return any current PennsYlvania driver's license, learner's permit or temporary driver's license (camera card) in your possession. You will not receive credit toward serving any suspension until we receive your documents. Complete the fOllowing steps to aCknowledge this suspension: 1. Return your current license, permi t or camera card to the address below. If YOU do not have any of these items, complete and return one of the following: · A DL-16LC Acknowledgment form (available at any driver license center) · A notarized affidavit (letter) stating that YOU are aware of the suspension of your driving privilege 2. Be sure to sign the form or affidavit. 3. Return all items to: PennsYlvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4. If YOU do not receive a receipt from us within 3 weeks of mailing your documents, call our office immediately. PAYING THE RESTORATION FEE I~ YOU do not respond to the citation BEFORE the suspension date, YOU will be suspended and must pay a restoration ~ee to Penn DOT to be restored. Complete the ~ollowing steps: 062976186931302 1. Complete 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. APPEAL You have the right to appeal this suspension to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, OCTOBER 31, 2006. After yOU file the appeal in the County Court, send a 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must respond Ob'l.fO~epY~/~06J' < ( \J ~ ,^'. <.\'\ 6(} r"- r. C 1 OC, u (v I 5 10--, \ S k"'-'l(r' :Jr', \ 1 b. ~ Sincerely, H"'/'5~v'j PA n\G .b,.eqpJ Janet L. Dolan, Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 8:00 a.m. to 6:00 p.m. 1-800-932-4600 TDD IN STATE 717-412-5300 TDD OUT-OF-STATE www.dmv.state.pa.us 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 unswom falsification to authorities. illn(zoo (, Date J~~ ~ ......... 00 ~ i' ~ (:) ~ .J:: w -... w ~ ~ ~ D r: ~ (') ~:;: ~......... ~ tt'! Ct_: ..";., ~-.'~ ~~, -"7 ~~ -< ~ 0 CO;, -n t;.r'o -I :z :c ::D o mr__ ...::: m f" :g? \D ~Q ~.1: =fi ~ OC') ::L: 2m o '2 ?6 CJ ~ o 8 TERENCE G. SMITH, JR., Appellant ~ Dfe . 1 2006f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Dl.. -l.P:J,C( C!.tu;.L'T~ COMMONWEALTH OF PENt\SYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, this jqr;jay of ~ ' 2006, upon consideration of the within Petition, it is hereby ordered and decrEied that a hearing be held on the ~~y of ,-== ~ 2r/)1, at 7<<) t~~k 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 da:e of the hearing. J. Distribution: Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 \ . Pennsylvania Department of Transportation, Office of Chief Counsel, / /j ~ /P -O(p . C!~ 1101 South Front StrE'et, 3m Floor, Harrisburg, PA 17104-2516 ~ JPf'> \/1;\;\//\l:\,8,\1 !"!3d 1 I ~ 1("-'''' "".fT '~""hllll"\ '\.1.f\~ !1..\} "':" '-".~-:.>-'Jf \f I\J L I :6 HV 9- 330900l I U\"I '~'1' ,," t 1'-' , , -"ill .'0 ^UV.LU -jlj/"U.l),:JO.:1 ;:J '1"! ..J(\-O:ilP .:JJ J.. ~ ,~,::7 TERENCE G. SMITH, JR., Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-6829 CIVIL TERM 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 Attorney for Petitioner oate:J.. J, 1..0 1 (") C ?f-, ,..., = = ~ :::f,: so t N o -n ~-n rn -:: .. S ~R~) :'~_5, () :.~~ :;>~ ~~~~ ~~ ~ -< -0 ---.,",' -'- o \.0