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Home My WebLink About94-01221 . Q.. '" c ~ .~ <t . ~ . - > , . ; - v. IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PBNNSYLV ANIA 94-1221 CIVIL TERM MANUEL LOPEZ, Petitioner DEPARTMENT OP TRANSPORTATION: COMMONWEALTH OP PA. Respondent IN RE: CONTINUANCE ORDER OF COURT AND NOW, March 29, 1994, by request of the Court, and with the concurrence of counsel, hearing in the above matter is continued to Monday, May 16, 1994, at 9:30 a.m. in Courtroom No.3. By the Court, J. G 6; . >-... "'... ~ ;J~ ....~ 41n~.'" r-f ~:z:<;.% I.ti lA.O~~ :.....: :- Mark Thomas, ~~ Por the Petitioner: c..'~ I::) .,l<J.l:; C"Y"J (I;Ul , La. Common~Ith ~fJ>ennsyIvania Bureau of Tmffic Safety Office of Legal Counsel Room 103 Transportation and Safety Building Harrisburg, PA 17120 :ssg MANUEL LOPEZ, Petitioner IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. I~~ I CIVIL 1994 : DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA Respondent . . . . . . AND NOW, this ~f1t !. ORDER day of )"UAAjV , 1994, upon consideration of the within Petition for Appeal from Department of Transportation decision to suspend Petitioner's driver's license, it is hereby ORDERED: THAT the suspension of Petitioner's driver's license is stayed pending a hearing on this matter, said hearing is scheduled for the qfrv IYM., day of )/\ w.y- in Courtroom No. ~ , 1994, at /D .. V\) o'clock , at the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ".':. 1.6 lIt" r:, ~ r, ""q I' I ti / -- tf 0.., MANUEL LOPEZ, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. IJ- r'J. I CIVIL 1994 DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA Respondent PBTITION FOR APPBAL FROM DEPARTMENT OF TRANSPORTATION DBCISION TO SUSPBND PBTITIONBR'S DRIVER'S LICBNSE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: COMES NOW, Petitioner, Manuel Lopez, by and through his attorney, R. Mark Thomas, Esquire, and respectfully represents as follows: 1. Petitioner, Manual Lopez, is an adult individual residing at 109 S. Bedford Street, Carlisle, Cumberland County, Pennsylvania 17055. 2. Respondent is the Department of Transportation of the Commonwealth of Pennsylvania. 3. Petitioner's driver's license was under suspension from 12/22/83 until 1/20/93, a period of nine (9) years. 4. In the Fall of 1993 Petitioner received a Notice from Respondent that he was eligible to have his license restored, but he would have to pay some outstanding fines that dated back to 1981. 5. On or about 11/1/93 Petitioner paid the fine and costs totaling $210.00 and Respondent restored Petitioner's driving privileges. 6. Petitioner purchased a car and enjoyed the privileges of driving his own vehicle in a lawful fashion. ,.- .,. > -,_...._~ 7. By letter dated February 8, 1994, Respondent advised Petitioner that his driving privileges were being revoked as a resul t of the conviction caused by paying the $210.00 fine on 11/1/93 (Exhibit "A"). 8. contemporaneous with the filing of this petition your Petitioner is filing a Petition for Allowance of Appeal Nunc .pro Tunc in Dauphin County with respect to the 1993 conviction of a 1981 traffic offense. 9. Your Petitioner believes that if he is allowed to appeal the 11/1/93 conviction nunc pro tunc he will be able to undo that conviction and thereby invalidate the suspension which is the subject of this appeal. 10. Since Petitioner's driver's license was only recently restored following nine (9) years of suspension, your Petitioner requests that this Court stay the suspension scheduled to commence on March 15, 1994. WHEREFORE, Petitioner requests this Honorable Court to grant a hearing in order to determine the validity of the suspension of Petitioner's driving license and to stay imposition of the suspension pending the results of said hearing. Respectfully submitted, ~A;~u~ R. Mark Thomas, Esquire 54 E. Main street Mechanicsburg, PA 17055 (717) 697-4650 LD.# 41301 ., , '~:" " , . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg. PA 17123 FEBRUARY 08. 1994 ..i MANUEL LOPEZ 10'1 S BEDfORD ST '14032b2bSll07S0 DOL 02/01/1'1'14 1'178b423 0'1/28/1'151 CARLISLE PA 17013 Dear Motorist. As a result of your conviction on 11/01/1993 of violating Section 1543 of the Vehicle Code. DRIVING WHILE SUSP/REVOKE on 09/02/1981, your driving privilege is being REVOKED for a period of 2 YEAR(S) as mandated by Section 1543 of the Vehi- cle Code. In order to complY with this sanction you are required to return any current driver's license. learner's permi t and/or temporary driver's license (camera card) in your pos- session no later than the effective date listed below. Failure to complY with this notice shall result in this Bu- reau referring this matter to the Pennsylvania State Police for prosecution under Section 1571(a)(4) of the Vehicle Code. If you cannot complY with the requirements stated above. you must contact the Bureau (See information below) for further directions on how to receive credit towards your sanction. When the department receives your license or acknowl- edgp.ment. it will send you a rucei~t. If you do not receive this receipt within 15 days contact the department imme- diately. Otherwise. you may not be given credit toward serv- ing this sanction. Credit will not begin until all driver's license product(s) are received in this Bureau. Effective Date of Suspension I 03/15/1994. 12.01 a.m. Your driving privilege will not be restored until you provide proof to the Department that all motor vehicles reg- istered in your name are covered by a motor vehicle liability insurance policy or a program of self insurance approved by the Department. This insurance information will only be ac- f' .....,HIB~"~' .,..~~.r ,I:^. I; ~JC";"'" ',:0", .~~ ,i'),'p ";,..~",,,>,,\,;,\, 7';.:\' ~~ ' "t;;..:V','':',t" t,' "",." ~. , -*-. "----]#"f" 940326265110750 ceptDd within 30 days of the the eligibility date of the restoration of your driving privilege. You have the right to appeal to the Court of Common Pleas of the county of your residence within 30 days of the mail date (FEBRUARY 08, 1994) of this notice. Sending a copy to this department of a timelY, fUed appeal will stay the depart- ment's action pending a final decision by the court. The copy must be sent by certified mail tOI Room 103 Transportation and Saf~t~ Buil~!ng Harrisburg, PA 17120 Sincerely, ,-,. _ ~ ~. 4C -; -.:;::? '- Douglas K. Tobin, 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 (7100 Pittsburgh Area Philadelphia Area Harrisburg Area Toll Free AM TO 6130 PM) - 412-565-5670 - 215-698-8100 - 717-787-3130 1- 800-932-4600 f ~ ~ .. "':7' , en :: - .1 ,- - ~ n= 0 :v 0 t<::l ~. " . , \c) . -) Q \t) \r)' ::r- ~ :t- o.: ~ . - . "::t- -.:t- -- r-- ;{ 1:- ~ "'- "-t- "l ~ v ~ ~ "-.J Ii ,.,. .,..-- v 1 IN THB COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 MICHAEL LOPEZ, Petitioner . . COMMONWEALTH OF PENNSYLVANIA 1 94- 1221 CIVIL TERoI Respondent ORDER or COURT AND NOW, this 16th day of May, 1994, upon agreement of counsel for the parties following the denial of petitioner'S petition for allowance of appeal nunc pro tunc in Dauphin County, it is hereby ordered that the appeal herein is denied, however, by agreement, the Department is directed to delay the reimposition of petitioner'S license suspension until October 15, 1994. R. Mark Thomas, Esquire For the Petitioner Matthew Haeckler, Esquire For the Respondent Ipbf = ,~ -< o Cr. N :. ".'.:-.. N ,":r' 1,..\ x:.- . I ::JC ~.. \ #~ ~C' :; - c.c ..c..