HomeMy WebLinkAbout95-05282
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DOUGLAS ALLEN SMITH,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
v.
:
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING,
Appellee
.
.
95-.5;;1 8>J. CIVIL TERM
NO.
.
.
ORDER
AND NOW,
(ptt+
this day of October, 1995, upon
presentation and consideration of the attached, verified Petition
for Appeal and
on the ;. () t:IJ
Supersedeas, it is ORDERED that a hearing be held
day of Nf.s_MhW , 190. at C}:dO!l.m. in
" , of the Cumberland County Courthouse,
Courtroom No.
Carlisle, Pennsylvania.
Appellant shall forthwith serve a copy of this Order and his
Petition on the Appellee by certified mail, return receipt
requested.
The suspension of the appellant's driving privilege is
hereby stayed pending further Order of Court.
By the Court,
JL<-J FV
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DOUGLAS ALLEN SMITH,
Appellant
: IN THE COURT OF COMMON PLEAS OF
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER rI~lmSING,
Appe:":"ee
.
.
NO.
95- 5d'8;). CIVIL TERh
PETITION FOR APPEAL AND SUPERSEDEAS
The appellant, by counsel, Philip C. Briganti of Legal
Services, Inc., respectfully represents the following:
1. The appellant is DOUGLAS ALLEN SMITH, an adult who now
lives at Big Spring Terrace, #141, Newville, CUmberland county,
Pennsylvania, 17241.
2. The appellee is the Commonwealth of Pennsylvania,
Department of Transportation, Bureau of Driver Licensing
(hereinafter nPenn Dot"), whose offices are located in the
Transportation and Safety Building, Room 103, HarriSburg,
Pennsylvania, 17120.
3. On August 17, 1995, the appellant was convicted by
District Justice Helen Shulenburger of driving while under
suspension, which conviction the appellant has appealed to this
Court.
4. By a Notice dated September 5, 1995, Penn Dot informed
the appellant that his driving privilege was being suspended for
a one-year period, effective September 10, 1995, because of the
above-stated conviction of driving while under suspension. A
copy of this Notice is attached hereto and marked as Exhibit nAn.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- S';)"BJ.CIVIL TERM
DOUGLAS ALLEN SMITH,
Appellant
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee,
PRAECIP~_TILPRQc:E&P_UL1.9RMA PAUPERI]
To the Prothonotary:
Kindly allow, Douglas Allen Smith, Appellant, to proceed in
forma paupe~j.s.
I, Philip C. Briganti, attorney for the party proceeding in
forma pauperis, certify that I believe the party is unable to pay
the costs and that I am providing free legal services to the
party. The party's affidavit showing inability to pay the costs
of litigation is attached hereto.
/,,/"'--
/V~(
kfi~Brigimt .----
Attorney for Appe lant
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
.f
Stocks; bonds: __Nollit____,.__
Other: _-.None
(f) Debts and obligations
Mortgage: . _NoI!~L____._.___.
Rent: _.S350.00/mo~
Loans: _ Nope __._,__
Monthly Expenses:. Electric- $80.00. aas- $50.00
,_ telephone.~~Q..,.QQ.._G..l\Q.~.ll=--l1..~...iUL- car insurance-S42. 00
.JrnJiQUn!!:: .H_6IL9JL_grQcer i!ls- $240.00. clothina-$83. 00
school lunches-$28.00. medical - S50.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: Theresa Smith
Children. if any:
Name: _-AmbeLSmi~_..__,_
Age:
6 vrs.
_J_Q~.phl>mj. tL_______
Age:
4 vrs.
4. I understand that I have a continuing obligation to
inform the court of improvement in my financial circumstances
which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 4904, relating
to unsworn falsification to authorities.
Date :ud.)I!1J~__- .h..
...~c
Do~i\~~:hle
\
ellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
V.
DOUGLAS ALLEN SMITH
NO. 95.5282 CIVIL TERM
LICENSE SUSPENSION APPEAL
ORDER
ANDNOW,this 7tIJ day of JJl.U I))/; U[ .1995,uponrepresentationsofGcorge
H. Kabusk, Esquire, Assistant Counsel for the Department of Transportation, that Douglas Allen Smith
was foWld not guilty of the underlying charge of driving while under suspension, the appeal in the above-
referenced matter is REMANDED to the Department to updalc its records in accordance with that
summary disposition and to RESCIND the suspension, which is the basis of this appeal.
BY THE COURT:
J ~ C~\ f Si-----
J.
Distribution:
George H. Kabusk, Esquire, 103 Transportation It Safety Building. Harrisburg, PA 11120
Philip Briganti. Esquire. Legal Services, Inc., 8 Irvine Row. Carlisle, Pa. 17013
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