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Home My WebLink About96-00664 \", \ ) ./ ,/ J,I , ji- " .~ A' a E. ~ <i; . t j \ \ , ' " , , ~ f J ',' 'I ::r ~ ~ 'II ./ 0' -:j' <:.. ~. ~ ... l 'o.Q.ILed (l~ ~\~~~ -\u ('f$~ l"_I\I).ll.\l()(.uJ. \~)r Ord~'r. d,~ _cl~ .-------. .-. . .,-_.._~"-'.-' ----..-.--.- Co....\..ltd ().\'5-l."r\ ,;)-\2>(((0 -\0, er\ooc\:.Q.. -\(l\J.t...",1 \U"\IIj))JY\"~ ... .--_._~ --.-- .. ~h''-' ,)- \(r (II., (\l\;.\l'~'J .('\U,llV..o."i)) " / .....11 , i .', i I ,I I I l " q " I' . .. I, \, " , .. , i , , /, 0, j >, I , , (, I I I / ',I I I, " \ / I COMMONWBALTH OF ~BNNSYLVANIA IN THB COURT OF COMMON ~LBA6 CUMBERLAND COUN'rV, ~ENNSYLVANIA v, NO, 'll(, l!.'\'A ., l l. 'll.. \.. ,\$, MICHAEL DHAN MARTUCCI LICENSE SUSPENSION APPEAL 9RD1R 0' CQORT AND NOW, this day of February, 1996 upon petition of Michael Dean Martucci, a hearing is set on the License suspension Appeal for the day of , 1996, at o'clock .m. in Courtroom Number , cumberland county courthouse, One courthouse Square, Carlisle, cumberland county, pennsylvania, all proceedings to stay meanwhile, Notice of said hearing shall be given by petitioner'S counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing, Pursuant to section 1550(b) of the pennsylvania Motor Vehicle code, petitioner'S appeal shall act as an automatic supersedeas, and petitioner's operating privileges shall not be suspend!'!c1 pending a final determination in this matter, BY THE COURT I J, ~ ,-' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureeu of Driver Licensing lIarrhburg, PA 17123 JANUARY 10, 1996 .,... ...-.- -..-- CARL ISLE: PA ].701.3 ~531.3&420000022 DOl. Dlo/03/1.'I'Ib 235S'I'I5b 04/03/1.'175 MICHAE:L D MARTUCCI 300 AIRPORT DRIVE: , ',; . Dear Motorist I As a result of your conviction on 10/10/1995 of violat- ing Section 6308 Coffenses related to alcohol) on 02/21/1995, your driving privilege is being suspended for a period of 1 YEARCS) 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 (camera card) in your po"e"sion no later than the effective date listed. If you cannot com- plY with the requirements stated allove, you are required to submit a OL16LC 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)(4) of the Vehicle Code. Althouah tt,. lal" """"h.t... th"t ynur rlr.tvt"n privilege i.$ un- der suspension even if you do not surrender your license, Cradit will not begin until all current driver's license product(s), the OL16LC Form, or a letter acknowledging your sanction is received in this Bureau. ' WHEN THE DEPARTMENT RECEIVES YOUR LICENSE DR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Effective Date of Suspens'oni 02/14/1996, 12101 a.m. Oo Ple.se see the enclosed application for restoration fee in- formation. EXHIBIT "A" ( , ..... (" \,.; 9UU8/l20000022 " You have the right to eppeal the Department'. aotion to tha Court of COMMon Pleas (Civil Division) within 30 days of tha 11I811 date (JANUARY 10, 1996) of this notice. PLIAII NOT. that this Civil Appeal is in addition to any appe.l you hava to file from the criminal conviction. You must follow the instructions listed below according to your individual situ- ation I 1. PIlNNSYLVANIA 'UUDIlNT If yoU are a residellt I.ot Pennsylvania, you must file an appeal with the Court of Com- mon Ple811 in the County of your residencII. Sending a copy of the eppeel which you filed with the Court, to the Depart- ment, will postpone the Department's action pending a final decision by the Court if the appeal was filed within the re- quired 30 days. However, if your privilege to operate .; commero::hl motor vehicle has been DISQUALIFIIlD, a signed supersedeas by the judga must accompanv your appeal. 2. NOH-ReSIDeNT - If you are not a resident of Pennsylvenia, vou must file an appeal with the Court of Common Pleas in tha 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 8 final decision by the Court if the appeal was filed within the reqUired 30 days. TH! APpeAL MUST BIl seNT BY ceRTXFleD MAIL TOI peNNSYLVANIA DePARTMeNT OF TRANSPORTATXON OFFIce OF CHIeF COUNseL ROOM 103, TRANSPORTATION' SAFETY BUILDXNG HARRISBURG, PA, 17120 Sincerely, ~~.~ Rebecca L. Bickley, Director BUreau of Driver Licensing " ---- J r "~ d -l 1 '.. In (I' 5L ~~ f{ .,' r!:i .' , r6 \'1 , " (rl '...J rt> " . ") rY) ,ll ~, " , , II h'/ t~ , , Ii,. ~) ~ ('jl , " , -, f' I fi. vj lO n eli, I.," " I I ~:r [,:111 I' '1(1' \J9 ,lI 1-1 fl I I, I,j, ~ l,. J II. ,n :-i 1..,; ", " ~@H I ~ co'! ~: ~~~II z !!l ~ <(ID" ::! J: M &?TlII'If~I.~ , "",~"!.Y. ~ow. mJ ..w:i: Jl Olo~~r.Al I't tAW OH1UIl B"';l1lWO,l,O m r~!t.~., l,U,1 Ohft 'MW Wl~f~:,\.~""'H IY _.-=-_~.__._...~ MANCKE, WAGNER, HERGHEY & TULLY , AII....IY -, COMMONWBALTH OF PENNSYLVANIA IN THB COURT OF COMMON PLEAS CtlMBBRLAND COUNTY, PENNSYLVANIA NO, v, MICHAEL ClAN MARTUCCI LICENSE SUSPENSION APPEAL LICINS8 SOSPINSION APPalL AND NOW, comes petitioner, Michael Dean Martucci, by and through his attornays, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License Suspension Appeal: 1, Petitioner, Michael Dean Martucci, is a pennsylvania licensed driver with a residence address of 300 Airport Drive, Carlisle, CumbeI'land County, Pennsylvania 17013, 2, Respondent, pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Transportation and Safety Building, HarriSburg, Dauphin County. Pennsylvania 17120, 3, Petitioner received a notice of license suspension by way " of letter dated January 10, 1996 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on February 14, 1996, at 12: 01 a, m. for a period of one (1) year for a violation of Section 6308 of the VehiCle Code, See Exhibit "A" attached hereto and incorporated herein by reference, CQMMONWBALTH OF PBNNSYINANIA v. IN THB COURT OF COMMON PLBAS CUMBBRLAND COUNTY, PBNNSYLVANIA NO, LICENSB SUSPENSION APPBAL MICHAEL DBAN MARTUCCI LICKNS. SDSPKNSION APPIAL AND NOW, comes petitioner, Michael Dean Martucci, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and makes the following averments in support of this License SuspEnsion Appeal; 1. Petitioner, Michael Dean Martucci. is a Pennsylvania licensed driver with a residence address of 300 Airport Drive, carlisle, Cumberland County, pennsylvania 17013, 2, Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing, has a mailing address at Transportation and Safety Building, Harrisburg, Dauphin County, pennsylvania 17120, 3, Petitioner received a notice of license suspension by way of letter dated January 10, 1996 from the Department of Transportation indicating that his Pennsylvania driving privileges are to be suspended on February 14, 1996, at 12;OI a,m, for a period of one (1) year for a violation of Section 630B of the Vehicle Code, See Exhibit "A" attached hereto and incorporated herein by reference. WHBRBFORB, petitioner respectfully requests that this Court schedule a hearing to determine the validity of the suspension proposed by the Department in Exhibit "A", Datel 2/6/96 Respectfully submitted, MANCKB WAGNER HERSHEY & TUL~Y By ,L!Y David E, Hershey, Esquire I,D, #43092 2233 North Front Street Harrisburg. FA 17110 (717) 234-7051 \' ( (' - ,-' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUr.au of Driver Licensing Harrisburg, PA 17123 JANUARY 10, 1996 ,....-.. ...... ..... CARLISLE: PA :L70:L3 '1531.36420000022 001 0],/03/1.'1'11. 2355'1'151. 04/0'3/1.'115 MICHAEL D MARTUCCI 3DD AIRPORT DRIVE: , " " , ' D.ar Motorist I As . result of your conviction on 10/10/1995 of violat- ing Section 6308 (offens.s r.1ated to alcohol) un 02/21/1998, your driving priVilege is being suspended fUr a period of 1 YEAR(S) as mandated by section 6310.4 of the crim.s code. In order to comply with this sanctilln you are reqUired to return anv currant drivar's license, learner's permit and/Or temporary driver's lic.nse (camera card) in your pos~ession no later than the effective uate listed. If vou cannot com- plv with the requirements stated allov., vou are required to submit a DL16LC Form or a letter acknowledging the sanction of ~our driving privilege. Failure to complY with this no- tice shall result in this Bureau referring this matter to the Pannsvlvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Althouah tl1. la,. ,""..,rl..t.~ th"t ynur rlr.ivt"a privilege is un- der suspension even if you do not surrender vour license, Cradit wU1 not begin until all current driver's license product(s), the DL16LC Form. or a letter ecknowledging VOUr sanction is received in this Bureau, ' WHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTHENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. Ef'active Date of Suspension 1 02/14/1996, 12101 a.m. , Please see the enclosad application for restoration fee in- formation. EXHIBIT "A" .,' ~ , r I ...... (' \,.; ,...- . 9155U8/l20000022 You haYe the right to appesl ths DepartMent's action tD ths Court of Common Pleas (Civil Divi.ion) within 50 dsvs of ths .ail dste (JANUARY 10, 1996) of this notice. PLlASI NOT I that this Civil Appesl is in eddition to any appeal vou heYe to file from the criminll conviction. You must follow ths instructions listed belDW eccording to vour individual situ- ationl 1. peNNSYLVANIA RESIDENT ~ If you are a - resident: ~,o' Pennsvlvania, vou must file an sppeal with the Court 0' COM- mon Pleas in the County of vour residence. Sending a COpy of the sppeal which vou filed with the Court, to the Depart- ment, will postpone the Department's action pending a fina1 decision by the Court if the appeal was filed within the re- , quired 50 davs. However, if your privilege to operate a commercial motor vehicle has bun DISQUALIFIED, a signed supersedeas by the judge must accompany vour appeftl. 2. NON-RESID!NT - If you are not a resident of Pennsylvania, yOU must file en appeal with the Court 0' Common Pleas in the Pennsylvsnia Countv where the violation occurred. Sending a COpy of the appell which vou filed with the Court, to the Department, will postpone the Department's action pending a finll decision by the Court if the appeal was' fUed within the required 30 days. TH! APPEAL MUST Be SENT BY ceRTIFIED MAIL TOI peNNSVLVANIA DEPARTMENT OF TRANSPORTATION OFFice OF CHI!F COUNSEL ROOM 103, TRANSPORTATION' SAFETY BUILDING HARRISBURG, PA, 17120 SincerelY, .~~.~ Rebecca L. Bickley, Director Buresu of Driver Licensing -, , '~ , > ,0 0 I' :l 1',\ I ~ I ~ I I I 011, I \. I .0 "'l".I.... , I ~~E t. \ :J: . .' , i III lJl,.1l I' , \: I ~ ~p I , ,r I i ~ ~ i : !, .J t,!) !): " : \ . ~ M . ~~: , I; " iJ ~ U I, ~ , , " ~ ..-~-,.- " ' , Id~ i~U' ". , , Ii d:e /, , If ' " 't " f " til , " ,-I.' \ ' \, Ii a..TI.ICAT. O. B..VIC. I, Oavid~, Hershey, Bsquire. of the law firm of MANCKB WAGNBR HBRSHBY & TULLY, h~reby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requh'ements of the Pennsylvania Rules of Criminal Procedure, by depouiting a copy of same in the Unit.ed States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 15th day of February, 1996, at the address listed below, Matt Haeckler, Esquire Office of Chief Counsel Pennsylvania Department of Transportation 103 Transportation and Safety Building HarriSburg, PA 17120 "7 ....'- /i.~ By, /' Davfd E, Hershey, Esquire MANCKE WAGNER HERSHEY & TULLY 2233 North Front Street (717) 234-7051 :l