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Home My WebLink About07-0262 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: tYT - :u..').. f?;ui.L I~ LICENSE SUSPENSION APPEAL RICHARD A. SWANK, JR. COMMONWEAL TH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, PETITION FOR LEAVE TO APPEAL FROM SUSPENSION OF OPERATOR'S AND REQUEST FOR SUPERSEDEAS AND NOW comes the Appellant, Richard Swank, by and through his attorney, Michael O. Palermo, Jr., Esquire, and respectfully avers the following: 1. Appellant resides at 304 North Fayette Street, Shippensburg, Pennsylvania. 2. Appellant received Notice dated December 12, 2006, stating that as a result of his alleged violation of Section 1532D of the (offenses related to alcohol), his driving privilege was being suspended for a period of one (1) year, effective January 16, 2007 at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Suspension is improper in that (a) Defendant was convicted of underage drinking on October 24,2006, and had until November 23,2006 to file an appeal. As November 23,2006, was Thanksgiving and the court was closed and November 24, 2006, was a holiday for the Court of Common Pleas as well, undersigned counsel had until November 27,2006, to file a timely appeal and did the same. A copy of the Appeal was sent to Chief Counsel on November 27,2006. (b) The Pennsylvania Department of Transportation lacked independent authority to administratively suspend or revoke the license in question, pending an appeal. 4. A Supersedeas is appropriate in this matter if and until these issues can be resolved, especially given the high likelihood of success by Appellant/Petitioner. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code, for the just reasons stated above. Respectfully submitted, Date: January 16,2007 .J1(f'{J ichael O. 155 South H over Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner RICHARD A. SWANK, JR. v. COMMONWEALTH OF PENNSYL VANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION NO: : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr. Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Notice of Appeal and Requestfor Supersedes upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: January 16, 2007 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, OMINGER & WHARE d'fJ 01/03/2007 16:12 4123866971 MSHA DUST DIVISION PAGE 02 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 12, 2006 RICHARD A SWANK JR 1023 GREENLICK RD MOUNT PLEASANT PA lSb6b WID. 0633~6bb433b6a1 001 PROC(SSING DATE l2/DS/2DDb DRIVER LICENSE t 21764945 DATE OF BIRTH 11/2b/1986 Dear MR. SWANK: As a result of your violation on 09/22/2006 Section 6308 (offenses related to alcohol), privilege is being SUSPENDED for a period of 1 mandated by section 15320 of the vehicle code. of violating your driving YEAR<S) as The effective date of suspension is 01/16/2001, 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 oarefullY. E.ven i of you have served all the time on the suspension/revocation, we cannot restore your driving privilege un~il all the requiremen~5 are satisfied,. COMPLYING ~ITH THIS SUSPENSION You must return all current Pennsylvania driver's licen~es, learner's permits, temporar~ driver's licenses (camera cards) in your possession on or before 01/16/2007. You may surrender these items before, 01/16/2007, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAXN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However. ~ou may apply for and obtain a photo identificiation card at any Driver License Center for a cost of $10.00. You .ustP~esent two (2) forms of proper identification (e.g., birth certificate,. vali~ U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your licenselS>. Coftlplete th'e following steps to acknowledge this suspension. 1. Return all current Pennsylvan1a dr1ver's licen~esJ lear n er' s permi t s calli. ra cards to PennDOT. If you do not have ~ PETITIONER'S items, send a sworn ~ EXHIBIT ~ 11 ~ tr j , <( 01/03/2007 16:12 4123866971 MSHA DUST DIVISION PAGE 03 063396664336621 notarized letter stating you are aware of the suspension of your driving privilege. You must specifY in your letter whY you are unable tD return your driver's license. Remember: Vou may not retain your driver' 5 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 Pennsylvania driver's license(s), learner's permitCs), and/or a sworn notarized letter, PennOOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 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. 3. If you do not retuin all current driver license products, we must refer this matter to the Pennsylvania stat e police for pro osecut i on under SECTION 1671 (a) C 4) of the Pennsylvania Vehicle Code. PAVING THE RESTO~ATION 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 enclDsed Applicatilln for RestoratiDn. The amount due is listed on the application. 2. Write your driver's license number Clisted on the first page) an the check or money order to ensure proper credit. 3. FollOW the payment and mailing instructions an the back of the application. PROVIDING PROOF OF INSURANCE Within the last 30 days of yo~r 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 move from your current address. your address change by callinQ listed at the end of this letter. PennDOT is notified if you You may not!fY PennDOT of anY of the phone nUllbers 01/03/2007 16:12 4123866971 MSHA DUST DIVISION 063396664336621 PAGE 04 - APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEtlBER 12. 2006, of this letter. If you 'file an appeal in the county court I the Court will g:Lve 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 ce~tified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Har~isbUr9. PA 17104-2516 Remember. this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 01/16/2007. SincerelY, i;)~1Al Janet L. Dolan. Director Bureau of Driver licensing ~FORHATI0N &:00 a.N. to 6;00 p.lII. 1-800-932-4600 TDD IN STATE 717-412-5300 TDUOUT-OF-STATE www~dmy.state.Da.u5 IN STATE OUT-OF-STATE WEB SITE ADDRESS 1-800 -228-:0676 717-412"':5380 ~ ~ ,..." 0 70 (:::) = " 7'\ -..J r c.... :r Jk. > .<rj z mfJJ -om & en :0 ,::.:> "- -t:- :=[l~ 'f ~ -0 - -...r{ 0 :J:: q ("5 ~ J.J fE! .r:- om ~ . . --l () 0 ~ 0' -< {' ~ .IAN 18 2001 ~ '} , ' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: D7 - .21.2.... eic.:>L l~~ RICHARD A. SWANK, JR. COMMONWEAL TH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL AND NOW, this ORDER OF COURT ~~ lid.. day of 2007, upon consideration of this APPEAL FROM SUSPENSION OF OPERA DR'S PRIVIL GE, it is Ordered that a hearing on the matter shall be held on the I C\ ~ day of '-1Y\ QAA' p-. , 2007, at I: 30 0' clock , pm. in Courtroom No. c;( of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section I 550(b)(l) until such time that this Honorable Court resolves this appeal. By the Court: pistribution: /p A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ~minger & Whare, 155 South Hanover Street, Carlisle, P A 17013 ~ ~ Michael O. Palermo, Jr., Esquire \ 6(c:J 2001 JfiN 22 MIl!: 15 CI't'" 'WI \,";"'~':': :' ~,-.,q.~. "< RICHARD A. SWANK, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION NO:07-262 COMMONWEALTH OF PENNSYLV ANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW LICSENSE SUSPENSION APPEAL AND DISCONTINUE HEARING TO THE PROTHONOTARY: Please withdraw the License Suspension Appeal and Discontinue the Hearing scheduled for March 19, 2007, in the above captioned case. Respectfully submitted, RU1"iil~GEK LA-"-'" viiiCi: Date: ~~'Jobr ~~. Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff cc. George Kabusk, Esquire Office of Chief Counsel o fE ..t)~~J~ r-ni" ~/', "- =2 r-..;) = <:::;:) .-..., o -0 :r-n nlp -om :n y ',;~() rJ"'Tl "ill ~~O :'-:'rn o s;! :D -< "'-':IP"" s:; :;0 I en -0 ::A: N o