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Home My WebLink About07-0346IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA : NO. 01 - jq(0 V. SHANNON TRIPP CIVIL ACTION-LAW APPEAL FROM DRIVER'S Petitioner LICENSE SUSPENSION APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES AND NOW comes the Petitioner, Shannon Tripp, by and through her attorney, Gary Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. On November 5, 2005 Petitioner was arrested for Driving Under Suspension. 2. Guilty plea was entered on October 16, 2006. 3. On or about December 21, 2006 Petitioner received a suspension letter regarding a Driving Under Suspension. (Copy attached) 4. Petitioner is attempting to perfect an appeal of the underlying conviction. 5. Petitioner did not knowingly and voluntarily enter a plea to the conviction. WHEREFORE, Petitioner, Shannon Tripp, based on the foregoing representations, respectfully requests that this Honorable Court grant a hearing to determine the status of her operator license suspension, and enter a Supersedeas until such time as a hearing can be held. RESPECT 7Y UBMITTED: Garyys t, squire I.D. No. 9183 1350 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599-5320 ATTORNEY FOR PETITIONER COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 21, 2006 SHANNON L TRIPP WID # 063489283169096 001 7073 CARLISLE PIKE TRLR PROCESSING DATE 12/14/2006 207 DRIVER LICENSE t 22549067 CARLISLE PA 17013 DATE OF BIRTH 11/16/1971 Dear MS. TRIPP: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 10/16/2006 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 11/05/2005: • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 01/25/2007 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, tempo- rary driver's licenses (camera cards) in your possession IMMEDIATELY. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION 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 iden- tification (e.g., birth certificate, valid 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 license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn nota- rized 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 license. 063489283169096 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 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), camera card(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit be- gins. 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 return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. 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 in- surance 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, DECEMBER 21, 2006, of this letter. If you file an appeal in the County Court, the Court will give you a time- stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied 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 063489283169096 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 b b "`4 G? C7 ?`?' O ' r t ?o s-s co ?L]a c y J rn c.n o -c .< V1 JAN IS 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA : NO. 0'7 Qc A' _7 LA--y V. CIVIL ACTION-LAW SHANNON TRIPP APPEAL FROM DRIVER'S Petitioner LICENSE SUSPENSION ORDER OF COURT AND NOW, this V day of 2007, in the foregoing Appeal from License Suspension, a hearing is granted to determine whether petitioner is subject to suspension of his automobile operator's license. This appeal shall act as supersedeas to the suspension. Thirty (30) days written notice is to be given to the Secretary of the Department of Transportation, Commonwealth of Pennsylvania. A hearing will be held on the of day of , 2007, at 9 .? a.m./fin , in Court Room Y-, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Distribution: Clerk Of Courts Pennsylvania Department of Transportation _ ?.2 v 7 Attorney Gary Lysaght Petitioner, Shannon Tripp, 7073 Carlisle Pike, Lot 207, Carlisle, PA 17013 BY THE COURT- VNV/ /kS,\4N3d 9' : I I WV Z 1 83.E LODZ KdViQNOHiOd! 3H140 90HA)--Q31lj COM. OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS OF DEPT. OF TRANSPORTATION CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-346 CIVIL SHANNON TRIPP LICENSE SUSPENSIONA PPEAL ORDER AND NOW, this 2-7-4) day of May, 2007, hearing in the above-captioned matter set for May 23, 2007, is continued to Thursday, July 12, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, A. Hess, J. /?eorge Kabusk, Esquire For PennDOT L,g6j Lysaght, Esquire For the Defendant Am Je, t4 • ? i r's?'' ,? L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA : NO. 07-346 V. CIVIL ACTION-LAW SHANNON TRIPP APPEAL FROM DRIVER'S Petitioner LICENSE SUSPENSION PETITION TO WITHDRAW APPEAL AND NOW comes the Petitioner, Shannon Tripp, by and through her attorney, Gary Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. On January 23, 2007 Petitioner filed a Petition for Allowance of a Nunc Pro Tunc Appeal from a Summary Criminal Conviction 2. An argument was scheduled on the Petition for Allowance of a Nunc Pro Tunc Appeal set for May 22, 2007. 3. On May 22, 2007 an order was entered amending the Driving Under Suspension violation to Driving Without a License. The Petitioner's guilty pleas was accepted and recorded. 4. On May 23, 2007 a hearing was held on the Appeal from License Suspension and was continued until July 12, 2007 to allow time for PennDot to correct the Petitioner's driving record. 5. On June 27, 2007 defense counsel contacted George Kabusk, Esquire, Attorney for PennDot and he confirmed the Petitioner's driving record has been amended from Driving Under Suspension to Driving without a License and faxed certified copy of driving record to defense counsel (letter attached). WHEREFORE, Petitioner, Shannon Tripp, based on the foregoing representations, respectfully requests the appeal docketed at 07-346 civil be withdrawn. Vil (717) 599-5320 ATTORNEY FOR PETITIONER Harrisburg, PA 17112 %. PENNDOT CHIEF COUNSEL Fax 717+705+1122 Jun 27 2007 04:43pm P002/010 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CIOEF COUNM VEHICLE & TRAFFIC LAw DIVISION RrVFRFRW OFFICE CENTER, r FLOOR 1101 SOUTH FRONT STREET - HARRISBURG. PA 17104-2516 TR EPHONE:(717)787-2830 FACSMALE: (717) 705-1122 June 27, 2007 Gary Lysaght, Esquire 1350 Fishing Creek Valley Road Harrisburg, PA 17112 Re: Shannon Tripp v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Cumberland County, No. 2007-346, License Suspension Appeal Dear Attorney Lysaght: I am in receipt of your appeal concerning the above-mentioned matter. As you are aware, the Department by notice dated December 21, 2006, notified your client that as a result of your client's conviction on October 16, 2006, of a violation on November 5, 2005, of Section 1543 of the Vehicle Code, related to Driving while Suspended, your client's operating privilege was being suspended for 1-year effective January 25, 2007. You appealed the 1-year suspension and the underlying conviction of Section 1543 of the Vehicle Code. Please be advised that the Department received a report from the Clerk of Court's that indicated the violation of Section 1543 was amended to a Section 1501. See attached. The Department corrected the record and rescinded the suspension that is the subject of this appeal. See attached. Please note that your client's operating privilege is suspended for several 1533Ds. See attached. A hearing was scheduled for July 12, 2007, at 11:00 ann. in the Cumberland County Courthouse in this matter but then contiwed. As a result of the motorist's record being corrected, a hearing is not necessary. The matter could be disposed of by you withdrawing the appeal or by having a hearing and having the matter dismissed of as moot. Kindly provide me a copy of the praecipe so that I may close-out my file. Please contact me if you have any questions. Enclosure Sincerely, Geom. Kabusk, Assistant Counsel 1 CERTFICATE OF SERVICE I, Gary Lysaght, Esquire, hereby certify that on thef day of , 2007,1 served a copy of the forgoing document by depositing such into the custody of the United States Postal Service, first class mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 t, Esquire ? C > r a - - ? ? r r- ?„ _?_ ? ? t ?? L.S1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA : NO. 07-346 V. CIVIL ACTION-LAW SHANNON TRIPP APPEAL FROM DRIVER'S Petitioner LICENSE SUSPENSION AMENDED PETITION TO WITHDRAW APPEAL AND NOW comes the Petitioner, Shannon Tripp, by and through her attorney, Gary Lysaght, Esquire, and respectfully represents as follows in support of this Petition: 1. On January 23, 2007 Petitioner filed a Petition for Allowance of a Nunc Pro Tunc Appeal from a Summary Criminal Conviction 2. An argument was scheduled on the Petition for Allowance of a Nunc Pro Tunc Appeal set for May 22, 2007. 3. On May 22, 2007 an order was entered amending the Driving Under Suspension violation to Driving Without a License. The Petitioner's guilty pleas was accepted and recorded. 4. On May 23, 2007 a hearing was held on the Appeal from License Suspension and was continued until July 12, 2007 to allow time for PennDot to correct the Petitioner's driving record. 5. On June 27, 2007 defense counsel contacted George Kabusk, Esquire, Attorney for PennDot and he concurs with this Petition. 6. The Petitioner's driving record has been amended from Driving Under Suspension to Driving without a License and defense counsel has received a certified copy of driving record (letter attached). 7. There have been no rulings in this matter. WHEREFORE, Petitioner, Shannon Tripp, based on the foregoing representations, respectfully requests the appeal docketed at 07-346 civil be withdrawn. RESPECTFJALY SUBMITTE Gard Lr1i I.D. N8 135 0 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599-5320 ATTORNEY FOR PETITIONER CERTFICATE OF SERVICE I, Gary Lysaght, Esquire, hereby certify that on the day of '2007,1 served a copy of the forgoing document by depositing such into the custody the United States Postal Service, first class mail, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ? ? r? ?,, _,-, ? ; ,,,._ ti ? ? -? -? ...{ ,?" JUL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA : V. SHANNON TRIPP Petitioner NO. 07-346 CIVIL ACTION-LAW APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this I/ day of July, 2007, upon due consideration of the within Petition to Withdraw Appeal, IT IS HEREBY ORDERED AND DECREED that the appeal docketed at 07-346 be withdrawn. BY THE COURT: T J. Distribution: Prothonotary George Kabusk, Esquire, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, #787-2830 Gary Lysaght, Esquire, 1350 Fishing Creek Valley Road, Harrisburg, PA 17112, #599-5320 I S .C !,,!J I I -lA LOOZ