HomeMy WebLinkAbout02-3108Commonwealth of Pennsylvania
Department of Transportatian
Appellee
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
: File No. ~ ~ .~1o~
PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE /
DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION
1. Appellant herein is ~('(O~1~4'
residing at ~nd having a m~.iling addres¢of:
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mai lng address of:
J Departmer~t of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
__ Departme.~t of Transportation,
Pennsylvania 17123.
3. By letter or notice dated /lq 0[.[~ ~ q, 2002
hereto as Exhibit A, the De;~artment of Transportation
ordered Appellant to surrender his / her operating license / motor vehicle
registration for a period of I~ 0 ~t'j.O-. y ~_
__ denied the issuance / renewal of a driver's license.
Bureau of Motor Vehicles, Harrisburg,
a copy of which is attached
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~e,lant 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 / regis'.:ration is
improper or unlawful for the following reasons:
-- I r ~ -~' ~ ~--~
~;,,;~~ ~. o ~. ~ ~
the c:der of suspension / order of denial be set aside. -~- ~,,-
Respectfully submitted by,
-2-
I verify that the statements
undestand that false statements herein are made subject to
Pa.C S.A. § 4904, relating to unsworn falsification to authorities.
made in this Petition are true and correct. I
the penalties of 18
Date
-3-
CONNONWEALTH OF PENNSYLVANIA
DEPARTNENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17123
NAY 29, 2002
GREGORY PATRICK LANHAM 021429283977264 001
421 D ST
05/22/2002
26317701
CARLISLE PA 17013 02/15/1983
Dear Notorist=
As a result of your conviction of violating section 3362
of the Vehicle Code EXCEEDING HAXINUN SPEED on 05/21/2002,
3 Points have been assigned to Your record.
Your total point accumulation is 12 Points.
Since Your Point record shows an accumulation of [2
Points, a sanction of [20 DAY(S) is hereby imposed as man-
dated 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 privi-
lege. Failure to comply with this notice shall result in
this Bureau referring this matter to the Pennsylvania State
Polzce for Prosecution under SECIION [bTI(a)Qq) of the Ve-
hicle Code.
Although the law mandates that Your driving privilege is
under suspension even if you do not surrender Your Zicense,
CPedlt will not begin untiZ all current driver's license
product(s), the DL16LC Form, or a letter acknowledging Your
sanction is received in this Bureau.
WHEN THE DEPARTNENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE-
NENT, WE NILL SEND YOU A RECEIPT. ZF YOU DO NOT RECEIVE THIS
RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTNENT ZNNEDIATELY.
OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS
SANCTION.
The e~fectlve date of suspension ts 07/03/2002, 12:0l a.m.
021~2928397726~
Please see the enclosed application for restoration fee in-
formation,
You will be notified of any outstanding restoration re-
quirements approximately 50 days before the eligibility date
of the restoration of your driving priv/lege, You must
follow those /nstruct/ons very carefully in order to have
your driv/ng Priv/lege restored.
APPEAL
You have the r/ght to appeal this act/on to the Court of
Common Pleas (Civil D/vision) with/n 50 days of the mail
date, NAY 29, 2002, of th/s letter. 1~ you flle an appeal
in the County Court, the Court w111 glve you a time-stamped
certt~ted copy of the appeal. In order for your appeal to
be val/d, you must send this t/me-stamped certified copy of
the appeal by certif/ed mail to:
Pennsylvania Department of Transportation
Off/ce of Chief Counsel
Th/rd Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
S/ncerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportat]on
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8695
INFORMATION (7:00 AN TO 9:00
IN STATE 1-800-932-4600
OUT-OF-STATE 717-591-6190
TDD IN STATE 1-800-228-0676
TOD OUT-OF-STATE 717-$91-6191
¥.
Commonwealth of Pennsylvania
Department of Transportation
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ORDER OF COURT
AND NOW, this.,~n ~/day of
shall be held on q ~ day of (~._~.,'~
the Cumberland County Courthouse.
,2002, based upon Appellant's Appeal, a hearing
,2002, in Courtroom at [, ,3C~'cloc .m.
at
GREGORY LANHAM,
APPELLANT
Vo
COMMONWEALTH OF
PENNSYLVA/qIA, DEPARTMENT :
OF TRAlqSPORTATION, :
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-3108 CIVIL TERM
IN RE: LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this 4th day of October, 2002, this
matter having been called for hearing, the appeal of
Gregory Lanham from the suspension of his operator's
license is denied, and the suspension is reinstated.
By the Court,
yn A. Hess, J.
Gregory Lanham, Pro Se
421 D Street
Carlisle, PA 17013
George Kabusk, Esquire
For the Appellee
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