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Home My WebLink About02-3080Appellant VS. Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No - :PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / 1, Appellant herein is residing at and having a m~:iling a~dres~s o~ $ ¢¢F-- 2. Appellee herein i~ the/Department of Transportation of the Commonwealth of Pennsylvania,~aving a mai lng address of: / 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 &q , a copy of which is attached hereto as Exhibit A, the De:}artment 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)(i~, Appellant is retaining 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 vehicle regis ration until final determination of the suspension of'registration. 5. The said suspension of Appellant's operating privileges i registration is impr~ per or unlawful for the following reasons: Appellant respectfully requests that this matter be set down for a hearing and that the ¢:'der of suspension / order of denial be set aside. Respectfully su/by, Appellant -2- I verify that the statements made in this Petition are true and correct. I undestand that false statements herein are made subject to the penalties of 18 Pa.C S.A. § 4904, relating to unsworn falsification to authorities./ / ""¢"'~/ - Appellant -3- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licens/ng Ma/1 Date: MAY 29, 2002 DEVIN JOEL SHERRY 16 EAST KING STREET SHIPPENSBURG PA 17257 WID e 021426110719336 001 PROCESSING DATE 05/22/2002 DRIVER LICENSE ~ 25601549 DATE OF BIRTH 03/16/1981 Dear MR. SHERRY: As a result of your violation on 11/2972001 of violat/ng Sect/on 6508 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 2 YEAR(S) as mandated by section 1552D of the veh/cle code. The e~fectlve date of suspension le 07/03/2003, 12:01 a.m. Th/s suspens/on /s in add/t/on to any other suspensions al- ready on your record. COMPLYING NITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possess/on on or before 07/05/2002. You may surrender these items before, 07/03/2002, for earlier credit; however, you may not drive after these /rems are surrendered. YOU NAY NOT RETAIN YOUR DRIVER'S LZCENSE FOR ZOENTZF[CATZON PURPOSES. However, you may apply for and obtain a photo ident/fication card at any Dr/vet License Center for a cost of 9.00. You must present two (2) forms of proper /den- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You wtll not recelve credlt toward serving any suspension untll He recelve your license(e), Complete the following steps to acknowledge this suspension. 1. 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 nora- r/zed 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 dr/vet's license for identification purposes. Please send these items to: 021426110719556 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box Harrisburg, PA 17106-8695 UPon receipt, review and acceptance of your Pennsylvania driver's licensees), 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 $ 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 1571(a)(~) of the Pennsylvania Vehicle Code. PROVIDING PROOF OF INSURANCF Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of in- surance at that t/me. This ietter w11i list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ZmpoPtant: 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 30 days of the mail date, NAY 29, 2002, of this letter. Z~ you ~tle an appeal in the County Court, the Court ~111 glve you a time-stamped certt~led copy o~ the appeal. In order for your appea! to be valid, you must send this t/me-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Th/rd Floor, Riverfront Off/ce Center Harrisburg, PA 1710~-2516 Remember, this As an OFFZCZAL NOTZCE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 07/03/2002. 021426110719336 S~ncerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing INFORHATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE NEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 06/26/02 WE~ ~1:25 FAX 7~7 240 6573 CU~B CO PROTHONOTARY TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR MULTI TN REPORT *** 3200 0119p2490779 0319p2405331 04]92438026 PSP CP L$ ~ 0Ol OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CAP,~LISLE, PA 17013 - 3387 (717) 2~ 0- 0195 FAX (717) 240 - 6573 TO: FAX # FROM: RE: MESSAGE: PA STATE POLICE - CENTRAL PROCESSING MIl)PENN LEGAL SERVICES CURTIS R. LONG FAXING A PFA NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended for the use of the individual or entity to which it is addressed, and i! may contain Information that is privileged, ,'onfid~ntial and exempt from disclosure under applicabl~ law. If the r~ader of this message is not the intended recipient, you axe hereby ~otif~d that ~ny dissaminatlon, dism~oufion or copying of this communication is strictly proIn'bked. If you have received this communication in error, please notify us immediately by telephone and return the Ori~n~l message to us at tho above address via thc U. S, postal service. Thank you Commonwealth of Pennsylvania Department of Transportation JUN IN THE COUR~ OF COMMON ?1.,~^$ OF CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, this c~ r]~ day of ~j~./~l/~ ,2002, based upon Appellant's Appeall a hearing o '~ ~ , shall be held n ~ day of~~h~' 2002, in Courtroom o~ at c~: [~'~o clock m at the Cumberland County Courthouse. DEVIN SHERRY, : Appellant : : V. COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3080 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of August, 2002, upon the Commonwealth motion to amend the citation violation section on the one year suspension imposed for a violation of Section 6308 to 6310.3, not opposed by petitioner, the motion is granted. By the Court, Edgar B. Ba~ley, George H. Kabusk, Esquire For the Department of Transportation Marlin L. Markley, Esquire For Defendant Sheriff prs DEVIN SHERRY, : Appellant : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION,: Appellee : IN THE COURT OF COM~ON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA NO. 02-3080 CIVIL TERM ORDER F RT AND NOW, this 26th day of August, 2002, this matter having come before the court on appeal, and the parties having reached agreement, IT IS ORDERED: 1. On the Notice to petitioner dated May 29, 2002, of the imposition of a two year suspension for a violation of Section 6308 of the Vehicle Code on November 29, 2001, it is ordered that the case is remanded to the Department of Transportation to impose a one year suspension rather than the two year suspension. 2. On the Notice to petitioner dated May 29, 2002, of the imposition of a one year suspension for a violation of Section 6308 of the Vehicle Code on November 29, 2001, now amended to a violation of Section 6310.3 of the Vehicle Code, the case is remanded to the Department of Transportation to impose a 90 day suspension rather than the one year suspension. George H. Kabusk, Esquire For the Department Marlin L. Markley, For Defendant Sheriff prs dg~, j. of Transportation Esquire