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Home My WebLink About94-02488 ~Ib~f( COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW NO, qVIL 1994 -1 C;q- dlf at C ..-f-.-I..Lj__..J~ : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES vs, THOMAS H, JONES, Defendant h AND NOW, this rrday of ORDER OF COlIRT 1994, upon Petition of Thomas H. Jones and on motion of his attorney, Joseph D. Buckl a hearing de novo is granted to determine whether the Petitioner is subject to suspension of his operator privileges pursuant to Section 1532B of the Vehicle Code, This Appeal shaH act as a supersedeas of the suspensions ordered by the Department of Transportation as provided in Section 150 of the Vehicle Code, Said hearing is scheduled for .Jluuc.JcU..<y. the c9tJtJ.... day of G/,A' " _ . 1994 in CI f Courtroom No, .3 , Cumberland County Courthouse, Carlisle, Pennsylvania at I:;~ o'clockp m., upon thirty (30) days written notice thereof to the Pennsylvania Department of Transportation of the Commonwealth of Pennsylvania, By the Court, .- .- J J, . .::r h -< .. ~. ~.J : , "', 0 1_ :..; :".'. Oi z.._ ::c y rJ\~ ./\~ Y b' ~~ --;.' -< .. ...; -=- vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, CIVIL 1994 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION THOMAS H, JONES, Defendant : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES APPEAL FROM ORDER SlISPENnING OPERATING PRIVII .F.GRS TO THE HONORABLE, THE JUDGES OF SAID COURT: The appeal of Thomas H. Jones, by his attorney, Joseph D, Buckley, represents as follows: I, That your Petitioner is Thomas H. Jones, an adult individual, who resides at 1514 Terrace Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2, That on April 25, 1994, the Commonwealth of Pennsylvania, Department of Transportation, mailed your Petitioner an Official Notice suspending his operating privileges for a period of six (6) months commencing May 30, 1994, a true and correct copy of which Notice is attached hereto, made a part hereof and marked Exhibit "A", 3, The said Official Notice states that the reason for the suspension results from Petitioner's conviction on March 25, 1994 for violation of Section 3736 of the Vehicle Code, Reckless Driving, 4, On March 28, 1994 at 12:43:44 p,m" your Petitioner, through counsel, contacted the Commonwealth of Penn sylvan ill, Department of Transportation, Bureau of Driver Licensing, regarding the wording and effect of the statute regarding reckless driving, 5, That your Petitioner, through counsel, requested an interpretation of the Code's Section 3736 and as there was a conflict. 6, That your Petitioner, through counsel, stated that Petitioner wished to appeal the conviction if a suspension would occur, -. 7, That your Petitioner, through counsel, was informed by that the charge of Reckless Driving did not carry a mandatory assessment of points or a mandatory suspension but only a large fine of $200,00, 8, That your Petitioner, through counsel, was advised, not to appeal the conviction as no points and no suspension would follow and only that the fine of$2oo,oo would be paid, 9. That your Petitioner, relying on the statements of the Bureau of Drivers Licensing did not appeal the conviction, 10, That based on the ill advise of the Department of Transportation, Bureau of Driver Licensing as regards the effect of the ambiguous statute, and your Petitioner's reliance thereon, that the Bureau be stopped from now suspending Petitioner's license. II, That in the alternative, that Petitioner be granted leave of Court to file a ~ ~ ~ to his prior conviction, 12, That in accordance with the provisions of the Motor Vehicle Code, this appeal will automatically operate as a supersedeas, and your Petitioner requc:sts this Honorable Court to so order, WHEREFORE, your Petitioner respectfully prays this Honorable Court to schedule a hearing, de novo to determine whether your Petitioner's operating privileges should be rstored or in the alternative to provide him the oppotunity to pursue his appeal ofthe criminal conviction, and , if he is successful in that appeal, to restore his operating privileges permanently; and that this appeal operate as a supersedeas in accordance with the provisions of Section 1550 of the Motor Vehicle Code, Respectfully submitted, /t1t'tJ /tJ1/yfY VERIFICATION Thomas H, Jones hereby verifies that the facts setforth in the foregoing Appeal From Order Suspending Operating Privileges are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa, C,S, 4904 relating to unsworn falsifications, c~cf ~ Thomas H, Jones DATE: ~/)O /11 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 25, 1994 THOMAS H JONES 1514 TERRACE AVE 941089283261122 001 04/18/1994 13249415 10/22/1947 CARLISLE PA 17013 .I ." ,l"'" It Dear Motorists As a result of your conviction on 03/25/1994 of violating Section 3736 of fhe Vehicle Code, RECKLESS DRIVING on 02/08/1994, your driving privilege is being SUSPENDED for a period of 6 MONTH(S) as mandated by Section 1532B of the Ve- hicle 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 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 S~ate 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 s~nction. When the department receives your license or acknowl- edgement, it will send you a receipt. 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. 05/30/1994. 12.01 a.m. Please see the enclosed application for restoration fee information. Your driving privilege will not be restored until you provide proof to the Department that all motor vehicles reg- _ u {;: xtJ/~/r "4 . . 941089283261122 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- cepted 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 withi~ 3D days of the mail date (APRIL 25, 1994) of this notice. Sending a copy to this de- partment of a timely, filed,appeal will stay the department's actiun pending a final decision by the court. The copy must be sent by certified mail tal Room 103 Transportation and Safety Building Harrisburg, PA-17120 , Sincerely, ~ _~ ~. AC-r:;;?' '- Douglas K. Tobin, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOI Department of Transpor~ation 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) - (112-565-5670 - 215-698-8100 - 717-787-3130 1- . 800 - 9 32-{t/, 0 0 ~ ~ . COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 25, 1994 THOMAS H JONES 1514 TERRACE AVE ~41D8~2832blllD DDl D4/18/1~~4 :L324~415 .I lD/22/1~47 CARLISLE PA 17D13 " , "",.1" ',' Dear THOMAS H JONESl ,... " Your conviction on 03/25/1994 for violating Section 3102 of the Vehicle Code, FAILURE TO DBEV, on 02/07/1994 mandates a 2 poin~ assessmen~ ~o your driving record. Your ~raffic violation should concern you becausel . . You may lose your driving privilege if you con~inue ~o drive unsafelY. . By violating traffic laws, you are more likely ~o be in an accident--you are risking serious injury ~o yourself and o~hers by driving unsafely. . Negligon~ driving leads ~o higher insurance cos~s. If you are a young driver, i~ is especiallY impor~an~ for you to keep a clean record. Unfor~una~elY, young drivers are involved in more accidents ~han any o~her group. We sincerelY hope tha~ from now on you will choose to drive carefully and observe all ~raffic laws, no~ only for your own safe~y bu~ also for ~he safe~y of everyone else sharing ~he road wi~h you. Sincerely, ..-: _ ~ ~ _ ./!{.' -r;:::r , - Douglas K. Tobin, Direc~or Bureau of Driver Licensing . . . , , , . 941089283261110 . INFORMATION (7100 AM to 6130 PM) Pittsburgh Area - 412-565-5670 Philadelphia Area - 215-698-8100 Harrisburg Area - 717-787-3130 Toll Free 1- 800-932-4600 REMEMBER--DRIVE SAFE, DRIVE SMART.~.AND ALWAYS WEAR YOUR SEAT BELT! ~' ,~, ~ " ~~~ ..... ~ ..: '''t'~ 1. ~ ...::::... l, . :t ,{ ~ ~ ~ -z)~ l'\'I l'I(') ":7- .....:::r-. .0 1\'") ~ ->- '- :c: ~~ I~ '<::> .::::) ,. ! ..... ""'" -"l" -...::l- .......... " ~ N .;:;,r . U"l . , en ~~ ~ r- " """ - ~~:t~ ~ '- -, .:>::: (~ . l' , , vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 94-2488 CIVIL TERM !-,: I' t i , \ \ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION THOMAS H. JONES, Defendant : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES " ~ I :' j: , "" AND NOW, thist. 'f day of June, 1994, in accordance with an agreement of the parties, entered ORDER OF COURT into by their respective counsel, this matter is continued until further notification by counsel. The supersedeas entered pursuant to Section 1550 of the Vehicle Code on May 17, 1994 shall remain in full force and effect. By the Court, J, I -::r en ,::";.. - :':t '" :;l ,= C:, '!"'.,I " :~; --, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, ~4&g CIVIL 1994 : APPEAL FROM SUSPENSION OF : OPERATING PRIVILEGES vs. THOMAS H, JONES, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF CUMBERLAND Joseph D, Buckley, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Defendant in the above captioned action; that on May 19, 1994 he mailed a true and correct copy of an Order of Court and Appeal From Suspension of Operating Privileges to the Plaintiff, by certified mail, postage prepaid, return receipt requested and evidenced by Receipt of Certified Mail No, Z 719954268 to Department of Transportation, Bureau of Driver Licensing, Room 103, Transportation & Safety Building, Harrisburg, PA 17120 (the said receipt is attached to a copy of the transmittal letter, is attached hereto and made a part hereof and mark Exhibit "A"); that on May 19, 1994, Plaintiff did personally receive said Order of Court and Appeal From Suspension of Operating Privileges; that attached hereto, made a part hereof and marked Exhibit "B" is return receipt card No, Z 719 954 268, with Plaintiffs signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. Sworn t9pd subsc 'bed before me this may of ' 1994, NOTARIAL SEAL KARFN K, BllCKLf'Y, Notary Public Carlisle, Cdlnberland County My Com million ExpIres June 23. 1997 . c 'tl ".. :> en "'!;", .... c: '" .... 0.... p,. .... " 00 ", c: '1 '" 01 c: II~ N ! c;;~~ 0::0 -.J ~ :I" :;!!ll': .... f %10. "Ill CI-C=_.~v., ~ Ii i a;"-c &ZCD;; a........D !.O'CI ...... f..n :. !;' 3:\~ .: a < CD '"3;= ru .. '" IT"' e." oa g~ ..0 -< ~ii ~Ul. . TilE LAW m'f'ICES Of' JOSEPH D, BUCKLEY 1237 1I0LLY PIKE CARLISLE, PA 17013 TELEPIIONE (717) 249.2448 FAX (717)249-4103 May 18, 1994 Department of Transportation Bureau of Driver's Licensing Room 103 Transportation and Safety Building Harrisburg, PA 17120 Re: Appeal of Suspension, Thomas II. Jones (License No. 13249215) To Those Concerned, Enclosed please find the appeal of the above refenced individual's driving license privileges filed today in the Court of Common Pleas of Cumberland County, If you have any questions please call my office, ~ v ' ley, ESqUirJ/ JDB/mj Enclosures ~Thomas H, ]o~es PS Fonn 3800, Ma,ch 1993 Certified Mail -Return Receipt No, Z 71 S ~ 9 H if I ( i ~ if i J i ~~ ' U i i c 8 & , ,,,\ 2f . ~ :d~ r-'L"i 1'0......."'8 t'1 05 n A ;1 !:llmi~ U) ......N tn cr O'i ~ 0 C wn:S "'" ;l . ~ >-l . >-l '1 01 " Ul . EXHIBIT "A" ...., . :-'n-"}.:i~i';r/~~t;l,]~>~~~t:;~/..:! ~.: )~~"_~'-!'/"/.~'.;"~::i:<1: .,:;.:~-.t;~':S\j.~~~~l~~ be, 1881 EXIIIBIT "8" -::.- ~ ,.. .~ .... I ::::: ;,.;: .., "., ......- - ,., -'0< ".J " ~ ...- 0'" i j . ,..,. ~