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Home My WebLink About95-03705 t, Q) I . ;;P E ~ I Ji VI () l', cY)i I \ I _'I' tit ft '!l! 1\, . , ,.;-' #} , THE LAW ,.IRM 0" KILLIAN a~EPHART .,. 'INI .T~"; P. o. .ox "I HARRISSURO. PENNSYLVANIA 17108.0888 JUL 141~ t'" ., CERT//tIED CpPY --_._-~~~-_.,.. " ..' .... . ~ " ~:."t_~____ .""";"___ ._ ..~ ".. __', __~ r COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C.~~~ NO. 93- ~'1C5 .. CIVIL ACTION/LICENSE SUSPENSION APPEAL v. FRANCIS J. SALINGER, 3RD ORDER AND NOW, upon consideration of the foregoing Petition for Appeal of Order Suspending Driving Privilege, IT IS HEREBY ORDERED AND DECREED that a Hearing is sc::heguled for 1. >'1ft," I.U.L ,,( 5"" , ".. Ccu..t.-~~,:II 1995, at ,.{): 10 o'clock 2.M.llto determine whether the Order of the Department of Transportation should be set aside. IT IS FURTHER that Pennsylvania of the ORDERED Department Transportation's Order suspending Petitioner's driving privilege be stayed pending the Hearing in J. / ~\I'\'{ \ ~,I Q6';I' i';1 ~1 f,' A i. ~; r,),} ~', ,~.; ._.... . ", It'; l'IV: ,NO", . j ~J Ii! ~;, 56. HJ 211 I Ll1nr COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1995 FRANCIS J. SALINGER, 3RD CIVIL ACTION/LICENSE SUSPENSION APPEAL PETITION POR ~PPE~L PROM ORDER SUSPENDING DRIVING PRIVILEGE this July, 11th day of 1995, AND NOW, comes Petitioner/Appellant, Francis J. Salinger, 3rd, by and through his attorney, Terrence J. McGowan, Esquire, who pursuant to 75 Pa.C.S.A. 51550 files this Petition For Appeal from an Order of the Commonwealth of Pennsylvania, Department of Transportation, suspending Petitioner/Appellant's driving privilege, and in furtherance thereof, avers the following: 1. Petitioner is Francis J. Salinger, 3rd, an adult individual who resides at 533 Spring House Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Petitioner possesses a currently valid Pennsylvania operator's license number 24209113. 3. By letter dated June 13, 1995, the Pennsylvania Department of Transportation notified Petitioner that as a result of his conviction dated May 23, 1995, for violating 75 Pa.C.S.A. 56308 (Offenses Relating To Alcohol), that his driving privileges are being suspended for a period of ninety (90) days as mandated by A copy of the Notice of section 6310.4 of the Crimes Code. Suspension is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. On June 21, 1995, Petitioner/Appellant filed a Notice of Appeal From Summary Criminal Conviction with the Perry County Clerk of Court's Office. A copy of this Notice of Appeal From Summary criminal Conviction is attached hereto as Exhibit "B" and is incorporated herein by reference. 5. Petitioner/Appellant has not yet received a Hearing date regarding the appeal of the summary criminal conviction. WHBRBI'ORB, pursuant to 75 Pa.C.S.A. S1550, Petitioner/Appellant respectfully requests that this Honorable Court grant him an appeal from the Suspension Order until such time as the Appeal From The summary criminal Conviction has been disposed of, and thereafter to schedule a Hearing to determine whether the Order of the Department of Transportation should be set aside, and staying the suspension in the meantime. Respectfully submitted, KILLIAN & GEPHART Dated: July 11, 1995 ~ 1 /.1. (~) -II'\)' Terrence J. M owan, Attorney I.D. '39129 218 Pine Street P. o. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 CoMMONWEALTtI OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JUNE 13, 1995 FRANCIS J SALINGER 3RD 533 SPRING HOUSE RD 95l458410000b41 001 Ob/Ob/1995 24209113 08/2b/197b CAMP HILL PA 17011 Dear Motorist: As a result of your conviction on OS/23/1995 of violat- ing Section 6308 Coffenses related to alcohol) on 03/19/1995, your dr~ving privilege is being suspended for a period of 90 oAVCS) as mandated by section 6310.4 of the crimes 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 Ccamera card) in your possession no later than the effective date listed. If you cannot com- ply with the requirements stated above, you are required to submit a DL16LC Form or a letter acknowledging the sanction of your driving privilege. Failure to comply with this no- tice shall result in this Bureau referring this matter to the Pennsylvania State police for prosecution under SECTION 1571Ca)C4) of the Vehicle Code. Although the law mandates that your driving privilege is un- der suspension even if you do not surrender your license, Credit will not begin until all current driver '5 license productCs), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE DR ACKNOWLEDGEMENT, WE WILL SEND VOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAVS CONTACT THE DEPARTMENT 1MMEDIATELV. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Effective Date of Suspension: 07/18/1995. 12:01 a.m. Please see the enclosed application for restoration fee in- formation. EXHIBIT I A 951458410000641 You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (JUNE 13. 1995) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. You must follow the in- structions listed below according to your individual situ- ation: 1. PENNSYLVANIA RESIDENT If you are a resid~nt of Pennsylvania. you must file an appeal with the Court of Com- mon Pleas in the County of your residence. Sending a copy of the appeal which you filed with the Court. to the Depart- ment. will postpone the Department's action pending a final decisiop by the Court if the appeal was filed within the re- quired 30 days. However. if your privilege to operate a commercial motor vehicle has been DISQUALIFIED. a signed supersedeas by the judge must accompany your appeal. 2. NON-RESIDENT - If you are not a resident of Pennsylvania. you must file an appeal with the Court of Common Pleas in the Pennsylvania County where the violation occurred. Sending a COpy of the appeal which you filed with the Court. to the Department. will postpone the Department's action pending a final decision by the Court if the appeal was filed within the required 30 days. THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL ROOM 103, TRANSPDRTATION & SAFETY BUILDING HARRISBURG, PA. 17120 SincerelY. ....-; ~ L. .IC~~ -- 1- Douglas K. Tobin. Director Bureau of Driver Licensing 951458410000641 SEND FEE/LICENSE/DL-16LC/Tol Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-6693 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 T.D.D. 1- 800-228-0676 , ).~~. 8J'1:~,~,~."".""..""",.,." c ~. ~;1~~. ~~"',.,""',., ,ZIP" .~7!1.1.1,..,., Mlgllllrlal District No, "~~~H,~,..,,,...... '.\ .~.Jl ,'f.{,rJ,,"I'lf , " ..~ '. 0II4,.,:'J,'I '-~'\t -"~ - : III ""("",s:' ,,~i~ ',' "'1 nor ,j~' ,. ,- IN THE COURT OF COMMON PLEAS, COUNTY OF" .. .. " " .. , .. " .. , .. ..', II.., Notic'c of ilppcal from Summary CrimilkJl Conviction H.m. .nd Addr... of D.f.nd.nt: olt.: . ~~~'" , , . , nAlCU JOIIl'II 8ALIICD. III ...,............,............................... Issuing Authority oocklt No, ,~~~H$, , Citation No" ,1l".~~4'" ".,...,... ,...,..... App..1 fr.m unt.ne. of, ,~""WIa. ,q( ,~"'~,'~ ,Uct..... ttltr ..w...~1,.(JO) ._.,...........,...............,. 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Phone.UJ:.:1151" ... r.o. .. 1M (addre55I.lkn.iakq. ....,..,..." .ZIP 17.1.0116.... H.... .nd .dd.... of I..ulng .uth.rlt,: . ~~~~.~ .-1~,~.!"', ~ .~.. J.~..... .~.1.~.~ .~~~,~~.,..".. .....,..., '.."....., ,~,~~~~,'~",.,',.,.".., .ZIP,. .UtI.2.Q.,. Ph.n.. . . (71.1.) ,8340-4910 : I If your appeal is from a motor vehicle conviction other than parking;::have the clerk of courts certify this copy.. and mail to the following address: ~,:) '!II -. ~ : ~_ J ~ I~~ I. .I , .~ it .~, ... ...l;~l . ... ,....... ....-,~.~ ..4...... l NOTICE TO DEFENDANT: Bureau of Traffic Safety Operations Room 30B Transportation and Safety Building Harrisburg, Pennsylvania 17123 ,.r , :-', " I hereby certify that an appeal has been filed in the above captioned matter, ,,~. ;:.}'. Of ',': ~ . :" CERTIFIED A TRUE COPY "".~. j'( ,'" i ' .~ I;,";' .,,', ,".- ..... . '.:: "~.,.. -" .' , ! - , .. l EXHIBIT (J CLERK O~COURTS t1 o IV CLERK Of COURIS I B AOPC 416-80 VBRnICATION I hereby verify that the statements of fact made in the foregoing Petition For Appeal From Order Suspending Driving Privilege are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .1K,.1~ () ,~ ~ l~ FRANCIS J. SALING R, 3RD Dated: 7 !to/9( ., CBRTI.ICATB O. SBRVICB On this 11th day of July, 1995, I hereby certify that I served the foreqoinq document on the followinq by depositinq a true and correct copy in the United states Hail, postaqe prepaid, addressed to: Commonwealth of Pennsylvania Department of Transportation Bureau of Driver's Licensinq Room 103, Transportation & safety Bldq. Harrisburq, PA 17120 KILLIAN & GEPHART '1.~~~.~ Terrence J. ~owa, squire Attorney 1.0. '3912 218 pine street P. O. Box 886 Harrisburq, PA 17108-0886 (717) 232-1851 .:! ~, I' ~. ,.... ..J - - . ~ f,...- c'" .~ r---. 1'7 ~ <;l -.. r v (':l 7.lF tt !l: v w d. :!: - -0 ..J o<l .:to ..t l)') Ui C -0 0- ~~ .t; o t C) U', () ('I ~"B. J <- <:; ~ .r:.. N .. - .... -." = . ,-.- ~. - CoD c.n ~ . . THE LAW PIRM OP J<Jr.:LJAN. & GEPHART . CERTiFIED COPY ale PlHI _'.urET ,. o. .OX He HARRISBURG, PENNSYLVANIA 17108.0888 SEP 15 199~ "", ";'L-';"'''.'~:,''-#'';'",~.i~~'4lfLi~''''''''''l...__.___..^___.._ '^..._-,-_.~_...""'~._.,_.~.. (I .. - . .. , , .~~, :::-__ v__._" .'_ .'~ "._ ..' ~~ , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3705 CIVIL ACTION/LICENSE SUSPENSION APPEAL v, FRANCIS J. SALINGER, III ORDER OP COURT AND NOW, thiB 1L day of September, 1995, upon consideration of the foregoing Motion To Withdraw Petition For Appeal From Order SUBpending Driving Privilege, it is hereby ORDERED and D~CREED that 1W2 a~ M OM V"'\JJ~J said Petition be withdrawn, ana-that the Hearing scheduled in this matter for Monday, September 25, 1995 at 2:30 ~~~ cancelled. By ::;:;J1 ) J. ., " " .,!l, ,,- ~IJt: .!i!.; !J! 1 S6, UV 6(1 DI 8/ J3S , I COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-3705 CIVIL ACTION/LICENSE SUSPENSION APPEAL v. FRANCIS J, SALINGER, III MOTION TO WITHDRAW PETITION POR APPEAL PROM ORDER SUSPENDING DRIVING PRIVILEGE AND NOW, this 7th day of September, comes 1995, Petitioner/Appellant, Francis J. Salinger, III, by and through his counsel, Terrence J. McGowan, and files this Motion To Withdraw Petition For Appeal From Order Suspending Driving Privilege in the above-captioned matter and in furtherance thereof avers the following: 1. On or about July 11, 1995, Petitioner, Francis J. Salinger, III, filed a petition For Appeal From Order Suspending Driving Privilege. 2. A Hearing in this matter has been scheduled for Monday, September 25, 1995 at 2:30 p.m. before The Honorable Edgar B. Bayley. 3. At this time Petitioner would like to withdraw his Appeal From Order Suspending Driving Privilege. WHEREPORE, it is respectfully requested that this Honorable Court grant Petitioner's request to withdraw his Petition for Appeal From Order Suspending Driving Privilege, Respectfully submitted, KILLIAN & GEPHART 17108-0886 CERTIPICATE OP SERVICE On this 7th day of September, 1995, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Commonwealth of Pennsylvania Department of Transportation Bureau of Driver's Licensing Room 103, Transportation & Safety Building Harrisburg, PA 17120 KILLIAN & GEPHART , ty\.. .~--- Terrence J. Gow, Esquire Attorney I.D. #391 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 ,") " ./> % - ,,:;.. " o .::f ~ t . .('~~:~ N I .~ ~; ;~ (.~, "" ," (~u~ .... ~. .,~~ .-'\':J . ~ -,~fn ::.: ~~ -<.< ~ \i) ~ ~~ ,\'1 i J - -" - . -~_.