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HomeMy WebLinkAbout02-2810Appellant VS. Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No. t~_- c~(O ~_z-z~ PETITION FOR APPEAL FRO~ / DENIAL OF DRIVER'S LICENSE / 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,lng address of: ..L/' Department 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 ~,z~q ~(::)/ ~OO~_ , a copy of which is attached hereto as Exhibit A, the De;)artment of Transportation V" ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of ~ i~l,~fT~ denied the issuance / renewal of a driver's license. AUGUSTINE DIBIASE V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF : NO. 2002-2810 CIVIL TERM PENNSYLVANIA DEPARTMENT: OF TRANSPORTATION BUREAU: OF DRIVER LICENSING ' CIVIL ACTION - LAW : ORDER OF COURT AND NOW, this 1_5z" day of JULY, 2002, the heating scheduled for September 23, 2002, at I 1:30 a.m. has been rescheduled for_FRIl)AY~ SEPTEMBER 13~ 2002~ a I _1.0:30 a.m. in Courtroom #5 of the Cumberland County Courthouse, Carlisle, Pa. 17013. Augustine Dibiase 17 Pierson Drive Hockessin, Delaware 19707 George Kabusk, Esquire -- Riverfront Office Center 1101 South Front Street Harrisburg, Pa. 17104 For the Dept. of Transportation :sld COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 30, 2002 AUGUSTINE A DIBIASE 17 PIERSON DRIVE WELLINGTON HILLS HOCKESSIN DE 19207 WID t 021437162317499 001 PROCESSING DATE 05/23/2002 DRIVER LICENSE e 27482555 DATE OF BIRTH 01/01/1984 Dear MR. DIBIASE: 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 05/16/2002 conviction of violating Section 3367 of the Vehicle Code RACING ON HIGH- NAYS on 05/0q/2002: Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 07/04/2002 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING NITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. YOu should ~ollow ALL instructions very carefully. Even 1~ you have served all the tlme on the suspension/revocation, we cannot restore your drlvlng pr/v- 11ege untll all the requirements are satisfied. COMPLYING NITH THIS SUSPENSION You must acknowledge this suspension of your driving privi- lege. You wlll not receive credit toward serving any sus- pension until we receive your acknowledgment ~orm. You may surrender the acknowledgment form before this date, 07/0q/2002~ for earlier credit. Complete the following steps to acknowledge this suspension: 1. Complete the enclosed DL-16LC acknowledgment form. 2. Be sure to sign the form. 3. Return the form to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8693 q. Upon receipt~ review and acceptance of this acknowledg- ment, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks of mailing your documents, please 021~37162517499 contact our office. Qtherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 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: I. 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. 5. Follow the payment and mailing instructions on the back of the application. PROVIDING PROOF OF INSURANCE Within the last $0 days of your suspension/revocation, we will send you a 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. Zmportant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by calling 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, MAY $0, 2002, of this letter. If you file an appeal in the County Court, the Court will give you a time-stamped cepttfied 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-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return the enclosed DL-16LC acknowledgment form to PennDOT by 07/0q/2002. 021457162317~99 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO= Department of TransportatAon Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 INFORMATION (7:00 IN STALE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-952-~600 717-391-6190 1-800-228-0676 717-591-6191 APPELLANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V : No. OA- ,,Z.g,o ~ COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRWER LICENSING ORDER OF COURT AND NOW, this Jay of shall be held on _ day of at the Cumberland County Courthouse. 2002, b~sed upon A ' , __ ppellant s Appeal, a hearing ,20__, in Courtroom at __o'clock __.m. APPELLANT V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRWER LICENSING AND NOW, this ~ay of 7~'c,r/,a~_.. shall be held on day of at the Cumberland County Courthouse. ORDER OF COURT ,20~.~ based upon Appellant's Appeal, a hearing ,20__, in Courtroom at __o'clock__.m. Jo ~J APPELLANT V I : 1N THE COURT OF COMMON PLEAS OlJ~1211~ : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER OF COURT AND NOW, this _alt~y of ~-'6,~q,e~ ,20o~., b~sed upon Appellm Saiill~leb~ heuml~el;an?~ 20~, in Courtroon~ at~. ¢ tt's Appeal, a hearing AUGUSTINE DIBIASE, : Appellant : : V. : : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2810 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: APPEAL SUSTAINED ORDER OF COURT AND NOW, this 13th day of September, 2002, this Court having found the Defendant not guilty of the underlying charge, the action of the Department of Transportation in suspending his operating privileges is overruled, and the appeal is sustained. /Augustine A. DiBiase, 17 Pierson Drive Hockessin, Delaware Appellant, Pro se the CouI Edward E. Guido, J. /George Kabusk, Esquire Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104 For the Appellee srs