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Home My WebLink About02-4096Commonwealth of Pennsylvania Department of Transportati3n Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No. Ool- PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGIS'i'RATION 1. Appellant herein is ~'--r~/r~ residing at and having a m~Jling address of: (~L~ 2. Appellee herein is the Department of Transportation of the Commonw'ealth of Pennsylvania, having a mai ing address of: X Departme~t of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated ~' A-~¢2.OO~, , a copy of which is attached hereto as Exhibit A, the Deaartment of Transportation /'~ ordered Appellant to surrender his / her operating license / mot3r vehicle registration for a period of denied the issuance / renewal of a driver's license. 4. Supersedeas: X Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i~, Appellant is.retainin9 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 hearin9 and that the c:'der of suspension / order of denial be set aside. Respectfully submitted by, -2- I verify that the statements made in this Petition are true uncle'stand that false statements herein are made subject to tf~e Pa.C S.A. § 4904, relating to unsworn falsification to authorities. and correct. penalties of 18 ___U' Appellant -3- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 23, 2002 ERYN LYNN GLUMAC 686 LYNES ROAD DILLSBURG PA 17019 WID # 022289283436735 001 PROCESSING DATE 08/16/2002 DRIVER LICENSE # 27197340 DATE OF BIRTH 07/30/1985 Dear M~ GLUMAC: This is an Official Notice o4 the Suspension of your Driving Privilege as authorized by Section 1538E of the Pennsylvania Vehicle Code. As a result of your 08/15/2002 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 08/13/2002: Your driving privilege is SUSPENDED fop a pePiod o4 90 DAY(S) effective 09/27/2002 at 12:01 a.m. PennDOT is required by Section 1535 of the Pennsylvania Vehicle Code to assign 5 points to your driving record. 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 instnuctions veny carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving pPiv- ilege until all the requirements are 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 09/27/2002. You may surrender these items before, 09/27/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DR~VER'S L~CENSE FOR ~DENT~F~CATZON PURPOSES. However, you may appiy for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper iden- tification (e.g., birth certificate, vaiid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. 022289283~3~755 You will not receive credit toward serving any suspension until we receive your license(s>. Complete the following steps to acknowledge this suspension. 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 nota- rized 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 Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsyivania driver's license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT wii1 send you a receipt con- firming the date that credit began. If you do not re- ceive a receipt from us within 3 weeks, piease contact our office. Otherwise, you wiiI 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 pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(g) 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 privilege. To pay your restoration fee, complete the following steps: The 1. Return the enclosed Application for Restoration. 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. 022289283436735 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we wiiI send you a letter asking that you provide proof of in- surance at that time. This ietter wiii iist acceptabie documents and what wiii be needed if you do not own a vehicIe 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 calling any of the phone numbers listed at the end of this letter. APPEAL You have the right to appeaI this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 23, 2002, of this letter. Zf you file an appeal in the County court, the Court will give you a time-stamped certified 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 17104-2516 Remember, this is an OFFZDIAL NOTICE OF SUSPENSION° You must return all current Pennsylvania driver license products to PennDOT by 09/27/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-I6LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-q600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-591-6191 AUG 2 ~ 2002 Er,/,, t,,./,,,, Gb,,,,.. (.~.,,~') Tho,,,-,os E. Commonwealth of Pennsylvania Depattment of Transportation IN'THE C4DURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI,~- AND NOW, this __ ffff ~. I/~"11- ~ ~ 2002, based upon Appellant's Appeai, a hearing shallbe held on rd ~dayof ],~t2,t~44 ~2)002, inCourtroom~_~ at/'~;)e~cloekL~n, at the Cumberland County Courthouse. ERYN LYNN GLUMAC (Minor) and THOMAS E. GLUMAC (Parent), V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERI_AND COUNTY, PENNSYLVANIA No. 02-409'6 Civil Term ORDER OF COURT AND NOW, this ~a~':lay of December, 2002, pursuan'£ to an agreement between counsel for Defendant and the counsel for the Pennsylvania Department of Transportation, this matter shall be continued generally. CO1V/IVIO~~ OF PENNSYLVANLA VS. ERYN LYNN GLUMAC IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANiA NO. 02-4096 Civil Term PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Kindly withdraw the appeal regarding the above captioned matter. Date: Respectfully submitted, · Rex Bick~ 121 .Sou~t. Harris'ourg, PA 17101 (717) 234-0577 (717) 234-7832 Attorney for Plaintiff