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COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
VS
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL 1994
CIVIL ACTION - LAW
ROBERT HOWARD WEBER
APPEAL FROM DRIVER'S LICENSE
SUSPENSION
PETITION FOR APPEAL FROM ~IE ORDER OF THE
DIRECTOR OF THE BUREAU OF DRIVER LICENSING
SUSPENDING OPERATING PRIVILEGES
AND NOW comes the Petitioner, Robert Howard Weber,
by and through his attorney, Allen C. Welch, and respectfully
represents as follows in support of this Petition:
1. Petitioner resides at 2717 Market Street, Camp Hill,
Cumberland County, PA 17011.
2. Petitioner is duly licensed by the Department of
Transportation to operate a motor vehicle under Operator's License
No. 176 17 281.
3. In a letter dated June 13, 1994, Petitioner was notified
by the Department that his driver's license privileges would be
suspended for a period of six (6) months "as mandated by Section
1532C of the Vehicle Code" because of his "conviction on 10/05/1993
of violating Section 13A31 of the Vehicle Code, POSSESSION OF
MARIJUANA on 11/30/1992." A copy of said letter is attached hereto
and marked "Exhibit A",
4. Although it is correct that Petitioner entered a plea of
guilt to a charge of Possession of marijuana in open Court on
October 5, 1993, that was done by mistake and the Court, by Order
of February 24, 1994, permitted the petitioner to withdraw that
plea. A copy of that Order is attached hereto and marked "Exhibit
811 t
5. As such, Petitioner has not been adjudicated guilty of the
offense indicated by the Department.
WHEREFORE, petitioner prays that the Court will conduct
a hearing and vacate the suspension.
Respectfully submitted,
)
, &2r
Allen C. Welch
ID# 34962
COSTOPOULOS, FOSTER & FIELDS
831 Market Street/p.O. Box 222
Lemoyne, PA 17043
(717)-761-2121
ATTORNEY FOR PETITIONER
COMMONW~ALTH OF P~NNSVLVANIA
D~PARTM~NT OF TRANSPORTATION
Bureau Df Driver Licensing
Harrisburg, PA 17123
JUN~ 13, 1994
ROBERT HOWARD WEBER
2717 MARKET ST
941098432002147 DOL
06/06/19'14
17617281
01/03/1'157
CAMP HILL PA
17011
Dear MDtDristl
As a result Df YDur cDnvictiDn Dn 10/05/1993 Df violating
SectiDn 13A31 Df the Vehicle CDde, POSS~SSION OF MARIJUANA
on 11/30/1992, YDur driving privilege is being SUSPEND~D for
a periDd of 6 MONTH(S) as mandated by SectiDn 1532C Df the
Vehicle CDde.
In Drder tD cDmplY with this sanctiDn YDU are reqUired
tD return any current driver's license, learner's permit
andlor tempDrary drivor's license (camera card) in YDur pDS.
sessiDn no later than the effective date listed belDw.
Failure tD cDmplY with this nDtice shall result in this Bu-
reau referring this matter tD lhe Pennsylvania State PDlice
fDr prDsecutiDn under SectiDn 1571(0)(4) Df the Vehicle CDde.
If you cannDt cDmplY with the requirements stated abDve, YDU
must cDnlact the Bureau (See infDrmatiDn belDw) fDr further
diroctlons on hQW .0 rprplvp rrp~lt towards your sanctiDn.
When the department receives your license Dr acknowl-
edgement, it will send you a receipt. If you do not receivo
this receipt within 15 days contact the dellartment imme-
diatelY. Otherwise, you may nDt be given credit toward serv.
ing this sanction.
Credit will not begin until all dri var' s license
product(s) are received in this Bureau.
Effectivo Dale of Suspension I 07/18/1994, 12101 a.m.
Please see the enclosed applicatiDn for restoration fee
information.
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9(tl098432002147
........
You have tho right to appoal to the Court of Common Pleal of
tho county of your relidence within 30 days of the mail date
(JUNE 13, 1994) of this notice. Sending a copy to this de-
partment of a timelY, filed appeel will stay the department'l
action pending a final decision by the court. The COpy must
be sent by certified mail tOI
Room 103
Transportation and Safety Building
Harrisburg, PA 17120
Sincerely,
-: ~- T.L,< .K-r-A!-:-.
Douglas K. Tobin, Director
bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/TOI
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 PH)
- 412-565-5670
- 215-698-8100
- 717-787-3130
1- 800-932-4600
VS.
1 IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 2179 CR 1992
1
I
I Charges I Unlawful POBS.
1 Paraphernalia
I
COMMONWEALTH OF
OF PENNSYLVANIA
ROBERT WEBER
AND NOW, this ~ of
upon review of the Motion for Sentence Modificati
ORDERED as follows 1
1. The Defendant's Guilty Plea to the charge of
, 1994,
is hereby
Unlawful Possession of a Small Amount of Marijuana is hereby
withdrawn.
2. The Court further accepts the Defendant's Guilty
Plea to the charge of Possession of Drug Paraphernalia, and imposes
the same sentence which it had imposed to the charge of Possession
of a Small Amount.
BY TI1E COURTl
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CERTIFICATE OF SERVICE
I, Allen C. Welch, attorney for Petitioner, do hereby
certify that a true and correct copy of the within PETITION was
served upon the Director, Bureau of Driver Licensing, Department of
Transportation, Room 103, Transportation and Safety Building,
Harrisburg, PA 17120, by depositing same with the United States
postal Service at Lemoyne, PA, first class postage prepaid,
certified - return receipt requested, on the date below.
BY;
Allen C. Welch, Esquire
DATED I '711"'?)qtr
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JUL 14 1994