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Home My WebLink About02-3134~'~,'C/~/ VS, Commonwealth of Pennsylvania Department of Transportatian Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE~/.-~ DENIAL OF DRIVER'S LICENSE / SUSPENSION O~M~TOR VEHICLE R~TRATION 1. Appellant herein is residing at and having a m~tiling address of: c~ ~ ,~¢,;~Z~' ~', ¥,¢ /~/,~ /0.,4 /72 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai lng address of: ,.,~Departme~lt of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. __ Departme.qt 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 Ap;)ellant 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)(~)(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~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 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 submitted by, - -----~--------------~pe ant 12- 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. -' -~._Appellant -3- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 01, 2002 MICHAEL ALLEN HENRY 40 IRISH GAP ROAD NEWVILLE PA 17241 WID # 021759283520894 001 PROCESSING DATE 06/24/2002 DRIVER LICENSE ~ 24814261 DATE OF BIRTH 04/22/1978 Dear MR. HENRY: This is an Off/cia1 Notice of the Suspension of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 06/21/2002 conviction of v~olating Section 1571 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 06/10/2002: Your driving privilege is SUSPENDED fOP a pep/od of 3 MONTH(S) effective 08/05/2002 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 Instructions very capefully. Even If you have served all the time on the suspension/revocation, we cannot restore you~ drlving privilege untt/ al1 the requirements a~e satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 08/05/2002. You may surrender these items before, 08/05/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON 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 identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not recelve credlt toward sePvlng any suspension until we receive your license(s). Complete the foliowing steps to acknowledge this suspension. 02175928352089~ 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 notarized 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 Transportat/on Bureau of Driver Licensing P.O. Box 68695 Harrisburg, PA 17106-8695 2; 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 confirming the date that credlt began. If you do not receive 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. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a>(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of Your driving priviIege. To pay your restoration fee, compiete the foilowing steps: 1. 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. $. Follow the payment and mailing instructions on the back of the application. 021759283520894 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter wili list acceptabie 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 cailing any of the phone numbers listed at the end of this letter. APPEAL Y~u have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JULY OI, 2002, of this letter. Z~ you ~Lle an appeal Ln the County Court, the Court wLll gLve you a t~me-stamped certL~Led 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 SUSPENS~ONo You must return all current Pennsylvania driver license products to PennDOT by 08/05/2002. 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 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-q600 717-591-6190 1-800-228-0676 717-591-6191 Commonwealth of pennsylvania Depa~t~nent of Transportation Jt~2 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0 -3/3c/ ' 1 hearing AND NOW, this _ _ day of ,2002, based upon Appellant s Appea, a on~ F~ )2002, in Courtroom ~ atl 0',~clock ~.m. at shall be held day of_ -- the Cumberland County Courthouse. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-144S CONNIE L. ELICKER, Plaintiff JEFFREY L. ELICKER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2000-3134 : : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF LIS PENDENS NOTICE IS HEREBY GIVEN that litigation exists between the above-referenced parties relative to the title of property known as 2413 Toftree Drive, Harrisburg, Dauphin County, Pennsylvania and construction of a house on said lot. A full legal description of the property is attached hereto as Exhibit "A." The deed to the property as currently owned by Jeffrey L. Elicker is recorded in the Office of the Recorder of Deeds for Dauphin County at Deed Book 3984, Page 150. Dated: July}~ , 2002 Respectfully~tted, 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of L0wer Paxton in the Count~ of Dauphin and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastem side of Toftrec Drive, said point being southwest comer of Lot #331 on the hereinatter described Plan of Lots; thence along the eastern side of Toftree Drive along an arc curving to the left having a radius of 550.00 feet, an arc length of 121.17 feet'to a point at the dividing line between Lot #311 and Lot #312 on the hereinafter described Plan of Lots; thence along the dividing line between Lot #311 and LOt #3 t2 North 89 degrees 4 t minutes and 18 seconds East a distance of 135.00 feet to a point at lands now or formerly of James Keiser, thence along lands now or formerly' of James Keiser South 06 degrees 00 minutes 00 seconds West a distance of 150.61 feet to a point at the southeast comer of Lot # 311; thence along the .dividing line between Lot #310 and Lot # 311 North 77 degrees 41 minutes 19 seconds West a distance of 135.00 feet to a point on the'eastern side of Toftree Drive, the point and place of BEGINNING. BEING Lot #311 of Section III, Phase III, Forest Hills Final Subdivision Plan, Sheet 2 of 2, as reviewed by the Dauphin County Planning Commission on April 27, 1987, recommended for approval by the Plmming Commission of Lower Paxton Township on May 13, 1987, and approved by the Board of Supervisors of Lower Paxton Township on June 1, 1987, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Penn~lvania, on June 30, 1987, in Plan Book "K," Volume 4, at pages 5 and 6. EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CONNIE L. ELICKER, : IN THE COURT OF COMMON PLEAS Plaintiff V. JEFFREY L. ELICKER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2000-3134 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the NOTICE OF LIS PENDENS, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: DATE: July/~q ,", 2002 Murrel R. Walters, Esquire -3 54 East Main Street ~ / Mechanicsburg, PA 17055 8~ ~ // Barb~a~ e-Sullivan, Esquire L- 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff MICHAEL HENRY V COMMONWEALTH OF PA., DEPT. OF TRANSPORTATION : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3134 CIVIL TERM : : APPEAL FROM LICENSE SUSPENSION IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, September 25, 2002, the appeal of Michael Henry of the action of PennDOT in suspending his license for a period of three months, is dismissed. Defendant has appeared pro se on his appeal. PennDOT has introduced the record of his conviction under Section 1321 of the Vehicle Code in front of a district justice of Cumberland County on June 21, 2002. The defendant does not contest that he was so convicted, and that no appeal was taken from that conviction. The suspension mandated by PennDOT shall be reinstated according to departmental procedures. By the Court, ~~er, P.J. Michael Henry 257 Southside Drive Newville, Pa. 17241 George Kabusk, Esquire Assistant Counsel PennDOT Neal Brofe, Esquire Assistant Counsel PennDOT :mtf