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Home My WebLink About02-4295BENJAMIN T. VERNEY Appellaht VS. Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA File No. O PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / 1. Appellant herein is Benjamin T. V~rney residing at and having a m~.iling address of: 650 Rocky Drive, Boiling Springs, PA 17007 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai lng address of: 7, Departme~t of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. __ Departme.qt of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 171 23. 3. By letter or notice dated August 16, 2002 , a copy of which is attached hereto as Exhibit A, the Department of Transportation × ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of 90 days denied the i,~;suance / renewal of a driver's license. 4..Supersedeas; × · Pursuant to 75 Pa;c..S.A. § 1550(b)(1)'(i), Appella-nt is retaining 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 received a letter, attached hereto as Exhibit "B", from Pmnn Dmr rl~rmrl A.S,,o~ 16, 2002 indicating he was required to take a special written exmmin~rio~within 30 H~y~ mr his license would be suspended. Appellant passed the special written examSBationon ~pro~er 4, 2002 as indicated on Exhibit "B". Upon passing the examination~ 2 points were romnved from Appellant's driving record and the 90 day suspension is now improper as A.~ellant's points ~ /4. Appellant respectfully requests that this matter be set down for a hearing and ~hat the ¢,'der of suspension / order of denial be set aside. Date: Respectfully submitted by, ~ ~ Attorney for a Appellant -2- I verify that the statements made in this Petition are true unde'stand tha[ false statements herein are made subject to the Pa.C S.A. § 4904, relating to unsworn falsification to authorities. Date '~/~ /(~ and correct. penalties of 18 Appellant -3- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= AUGUST 16, 2002 BENJAMIN T VERNEY 650 ROCKY DRIVE BOILING SPGS PA 17007 WID ~ 022219283330700 001 PROCESSING DATE 08/09/2002 DRIVER LICENSE ~ 26965861 DATE OF BIRTH 11/27/1984 Dear MR. VERNEY: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1538E of the Pennsylvania Vehicle Code. As a result of your 08/08/2002 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXIMUM SPEED, on 08/82/2002: Your driving privilege is SUSPENDED for a period of 90 DAY(S) e~ectlve 09/20/2002 at 12:01 a.m. 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 instructions very carefully. Even if you have served all the tlme on the suspension/revocation, we cannot restore your driving privilege 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 09/20/2002, You may surrender these items before, 09/20/2002, for earlier credit; however, You may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply 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 identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your Photo identification card. You w111 not receive credlt toward servlng until we receive your license(s). Complete steps to acknowledge this suspension. any suspension the following 022219283330700 1. Return all current Pennsylvania driverms licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized 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 licenseo 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 I7106-8695 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), [earner's permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within $ weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571Ca)(~) 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: 1. Return the enclosed Application for Restoration. The 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. 022219283330700 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. Important: 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 appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 16, 2002, of this letter. Z~ you ~lie an appeal in the County Court, the Court w111 give you a t/me-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 OFP~CZAL NOTZCE OF SUSPENSION. You must return all current Pennsylvania driver license products to =ennDOT bY 09/20/2002. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of D~iver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-591-6190 TDD IN STAT'E 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Ha~., F.~b~ ~r g, PA 17125 l~~Jg~: T 16, ZOO2 BENJAMIN T VERNEY 650 ROCK DRI~p 0.4 ~00~ Test 5~re ~ .... 022219283330700 08/09/2002 26965861 11/27/1984 001 Dear Motorist: Because of your violation of Section 5362 of the Pennsylvania Vehicle Code on 08/02/2002~ and conviction on 08/08/2002, 5 Points have been assigned to Your driving re- cord. This conviction brings the total number of points currently on your record to six or more. You are required to take and pass a special written examination within thirty (50) days of the mail date of this letter or your license will be suspended. No extensions will be granted. After Passing the examination two (2) points will be removed from Your re- cord, if you pass within the 30 days. If you do not Pass the examination on your first try, you may take it again, but not on the same day. A more complete explanation of the exam- ination requirement plus a study guide is included in the Handbook which accompanies this letter. This exam/nation may be taken by appointment only. To schedule your appointment, call the number below and identify yourself by name and driver's license number to the PennDOT operator who answers. PennDOT will schedule your examination time and location to be as convenient for you as possible. To be admitted to take the examination, you must show this letter and your valid driver's license or other acceptable identification as described in the Handbook. If you show up at your examination location without these items, or at a different time than your appointment, you will not be admit- ted to take the examination. 022219283330700 [t is a violation of the Vehicle Code for you to appear at your special six-point examination and to show another person's license or someone else to appear showing your li- cense. In either case, both you and the other person will be prosecuted by the Pennsylvania State Police. If your li- cense is currently suspended, this letter does not authorize you to drive to or from your exam/nation location. A Spanish language version of the Handbook may be ob- tained by calling the number below. Para obtener el manual en Espanol, 1lame pot telefono al numero indicado asia abajo de esta carta. Sincerely, Rebecca L. 8ickley, Director Bureau of Driver Licensing [NFORNAT[ON (7:00 AN to 8:00 PR) [N STATE 1-800-942-5926 OUT-OF-STATE 717-391-6192 TDD [N STATE 1-800-228-0676 TDD OUT-OF-STATE 717-591-6191 CERTIFICATE OF SERVICE I, Jacqueline M. Vemey, Esquire, hereby certifies that a tree and correct copy of the foregoing Appeal was served upon the following by certified mail, return receipt requested by placing the same in the United States mail on the date indicated Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: ~cqt~line M. Vemey, Esquire #23~7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Appellant ;: ,} (2) ~' BENJAM'TN T. VERNEY Commonwealth of Pennsylvania Department of Transportation rN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT /~dayof'//~-"'~'- ~'- ~ , AND NOW, this ~ 2002, based upon Appellant's Appeal, a hearing shall be held ono~ day of~~,~_~_, 2002, in Courtroom ~ at c~.~d79 o'clock __~.m. at the Cumberland County Courthouse. BENJAMIN T. VERNEY, Appellant V. COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4295 CIVIL PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, : Appellee : MOTION TO CONTINUE HEARING AND NOW, comes the Appellant, Benjamin T. Vemey, by and through his attorney, Jacqueline M. Verney, Esquire and presents the following in support of his Motion to Continue Hearing: 1. The Appellant is Benjamin T. Verney, a minor whose mailing address is 650 Rocky Drive, Boiling Springs, Cumberland County, Pennsylvania. 2. The Appellee is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania. 3. A hearin~ is scheduled for November 25, 2002 at 9:00 a.m. before the Honorable Kevin A. Hess on Appellant's Appeal from Suspension of Operating Privileges. 4. The appellant is a senior in high school attending Trinity High School in Camp Hill, Pennsylvania. 5. Appellant is travelling to Notre Dame University on the weekend of November 22, 2002 as part of his college search. He will not return to Cumberland County until the evening of November 25, 2002. 6. George Kabusk, Esquire, Counsel for the Department of Transportation does not oppose a continuance so long as it is not a general continuance. WHEREFORE, Appellant requests this Honorable Court grant his Motion for Continuance and reschedule the hearing as a time convenient to the Court. Respectfully submitted, 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Appellant VERIFICATION I verify that the facts included in the within Motion are tree and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: /0 '-2-3 -0 2,. ~Ve~lant CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a tree and correct copy of the foregoing Motion was served upon the following by placing the same in first class US mail, postage pre-paid on the date indicated. George Kabusk, Esquire Pennsylvania Department of Transportation Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Date: ~ qued/ne M. Vemey, Esquire #23~7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Appellant BENJAMIN T. VERNEY, Appellant COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4295 CIVIL PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, : Appellee : ORDER OF COURT AND NOW, this day of Appellant's Motion to Continue Hearing, it is ordered that the hearing scheduled for November 25, 2002 at 9:00 a.m. is hereby continued. The hearing is set for the __ day of ,2003, in Courtroom 4, at o'clock .m. on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. ,2002 upon consideration of BYTHECOURT, Kevin A. Hess, J. BENJAMIN T. VERNEY, Appellant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND cOUNTY, PENNSYLVANIA : : NO. 02-4295 CIVIL COMMONWEALTH OF : pENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, : Appellee : ORDER OF COURT_ AND NOW, this~--~O~- day of ~_r~t~i~, 2002 upon consideration of Appellant's Motion to Continue Hearing, it is ordered that the hearing scheduled for November 25, 2002 at 9:00 a.m. is hereby continued. The hearing is set for the day of ~ffdl,~Xdff~ _, 2003, in Courtroom 4, at/_" ~_~d _o'clock/~__.m. on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Hess, J. 91 :q~,-t" 86130~ ,..-~ BENJAMIN T. VERNEY, Appellant Vo · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4295 CIVIL COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT: OF TRANSPORTATION, : Appellee : ORDER OF COURT. AND NOW, this/~/3~ day of ?~zi~/L~t , 2003 upon consideration of Appellant's Motion to Continue Hearing, it is ordered that the hearing scheduled for January 17, 2003 at 1:30 a.m. is hereby continued· The hearing is set for the ~ day of ~0 ~ ,2003, in Courtroom 4, at//idT_) o'clock ct.m. on the /- fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, BENJAMIN T. VERNEY, Appellant VS. COMMONWEALTH OF PA., : DEPT. OF TRANSPORTATION, : Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4295 CIVIL CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL ORDER AND NOW, this 2 ! ~t day of July, 2003, after hearing, the court being satisfied that the suspension, sub judice, has been properly imposed, the appeal of Benjamin T. Vemey from the suspension of his driver's license dated August 16, 2002, is DENIED. BY THE COURT, ,,~acqueline Vemey, Esquire For the Appellant ~5%orge Kabusk, Esquire For PennDOT :rim