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Home My WebLink About00-00728 ~~....... - ~ I ~ ~' "~-~ COMMONWEALTH OF PENNSYL VANIA : IN TIIE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYL VANIA BUREAU OF DIUVER LICENSING v. : No. cJCXD - 7:J-ti ~ CINDY MILLER, : APPEAL FROM DRIVER'S LICENSE PetitionerlDefendant : SUSPENSION ORDER OF COURT . AND NOW this \\~ day of j.~ ,2000, upon review of the Appeal from Suspension of Driver's Operating Privileges, it is hereby ORDERED that a hearing on this matterbeheldonthe nU dayof ~: Q . 2000 in Court Room No. ~ of the Cumberland County Courthouse au1.3~clock l> . M.. A supercedes shall issue in the interim and the suspension which was to be etfective November 30, 2000, shall not commence until further action of'this Court. The suspension effective November 30, 1999, for a conviction for D.U.I., ??/ // / . shall remain in effect. Allen C. Welch, Esquire Attorney for Petitioner ~.~J. ,j)-/,-/-{)0/ RI<0 Distribution: Department of Transportation . ~- -, !!1M "'~ -, CjY' h 7,: 7.,) \) ';,~\ t:>;:U. \ \ \,. qfl (','V 'J"""\! \....v _._.,. \'" ,'-' i < c.~\ i'<;<\\) ~~~', " J"'\ \'1.-r;~''\C'' ''-'\Q'I.{\ \ I I),\\\J.\ \fJ r' Oo;~\~,.) ,\~' ~ ..... ~~ -~ ._~~~'~I'!rf~.~_~~~~;m~~~__~ '"" , ~'~':; COMMONWEALTH OF PENNSYL VANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY PENNSYL VANIA , BUREAU OF DRIVER LICENSING v, : No, CINDY MILLER, : APPEAL FROM DRIVER'S LICENSE PetitionerlDefendant : SUSPENSION AND NOW comes Petitioner, by and through her Attorney, Allen C. Welch, of COSTOPOULOS & WELCH, and files the following Appeal From Driver's License Suspension, respectfully representing as follows: APPEAL FROM SUSPENSION OF OPERATING PR;IVLIGES 1, Petitioner is Cynthia A Miller, who resides who 13 Mt. Allen Drive Mechanicsburg, Cumberland County, Pa 17055, 2, Petitioner is a motor vehicle operator, licensed by the Department with Operator number 21 106 021. 3, On J~uary 7, 2000, Petitioner was mailed a letter indicating that her operating privileges wouId be suspended for a period of 6 months, effective Nov, 30, 2000, as a resuIt of her conviction, on Oct, 122, 1999, of section 13A31 of the Drug Act, See exhibit A presented herewith" 4, On October 12, 1999, Petitioner appeared in court and entered pleas of guilt to Driving Under the Influence (for which a suspension was imposed by letter dated December 13, 1999, see exhibit B, attached) and Possession of Drug Paraphernalia; the charge of Possession of a Small Amount of Marijuana, which is section 13A31 of the Drug Act was withdrawn (see Exhibit C, attached), - "~-- 5, As a result, Petitioner was not convicted of the charge for which the Department desires to suspend her operating privileges, WHEREFORE, Petitioner prays this Honorable Court will conduct a hearing and direct the Department to rllscind the suspension effective November 30, 2000, y submitted Dated: 1- day of February, 2000 en C, Welch, Esquire COSTOPOULOS & WELCH 1400 N, 2nd Street Harrisburg, P A 17102 Telephone: (717)-221-0900 Fax: (717) 221-0904 ATTORNEY FOR PETITIONER - ~ " L "~~~- , COMMONWEALTH OF PENNSYL VANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING v, : No, CINDY MILLER, : APPEAL FROM DRIVER'S LICENSE PetitionerlDefendant : SUSPENSION AFFIDAVIT OF SERVICE I, Allen C, Welch, do hereby certify that a true and correct copy offorgoing Appeal from Driver's License Suspension has been served upon the Department of Transportation, Office of Chief Counse~ Riverfront Office Center, Hanisburg, P A 17104-2516, by placing same in United States Postal Service, First Class postage prepaid. Dated: 2 of February, 2000 Allen C. Welch, Esquire ~,~~"~ - ~_i COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 07, 2000 CYNTHIA A MILLER 13 MT ALLEN DRIVE WID i 993656112198669 DOL PROCESSING DATE 12/31/1999 DRIVER LICENSE i 21106021 DATE OF BIRTH 06/02/1959 MECHANICSBURG PA 17055 LICENSE IN BUREAU Dear MS. MILLER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 10/12/1999 conviction of violating Section 13A31 of the Controlled Substance, Drug, Device and Cosmetic Act, on 07/05/1999: . Your driving privilege is SUSPENDED for a period of 6 MONTH(S) effective 11/30/2000 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, 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. ~'_.""""~~'-~~~""""-",,~,,-~~-- .,^ ~jI)-tI&))-' A- l!$!tiT,jJ ~ ~ ." I> 993656112198669 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, JANUARY 07, 2000. If you file an appeal in the County Court, the Court will give yOU a time-stamped certified copy of the appeal. Send this time-stamped cer- tified copv 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 OFFICIAL NOTICE OF SUSPENSION. Sincerely, ~~\~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~'f(tt; ~~ . -- "'~, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 13, 1999 CYNTHIA A MILLER 13 MT ALLEN DRIVE WID i 993406117915874 001 PROCESSING DATE 12/06/1999 DRIVER LICENSE i 21106021 DATE OF BIRTH 06/02/1959 MECHANICSBURG PA 17055 LICENSE IN BUREAU Dear MS. MILLER: This is an Officia~ Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As ~ result of your 10/12/1999 conviction of violating Section 3731 of the Vehicle Code DRIVING UNDER INFLUENCE on 07/05/1999: . Your driving privilege is SUSPENDED fol" a pel"iod of 1 YEAR(S) effective 11/30/1999 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instruct~ons in this letter for PAYING THE RES- TORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instl"uctions vel"Y cal"efully. Even if you have sel"ved all .the time on the suspension/I"evocation, we cannot I"estol"e your driving privilege until all the I"equil"ements al"e satisfied. PAYING THE RESTORArION 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. 3. Follow the payment and mailing instructions on the back of the application. MJ-I,$Jr ,8 ..~'ili'JAh~ "-., 993406117915874 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, 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. Xmportant: 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 of this letter, DECEMBER 13, 1999. Xf YOU file an ap- peal in the County Court, the "Court will give yoU a time- stamped certified copy of the appeal. Send this time-stamped certified COpy of the appeal by certified mail to: PENNSYLVANXA DEPARTMENT OF TRANSPORTATXON OFFXCE OF CHXEF COUNSEL THXRD FLOOR, RXVERFRONT OFFXCE CENTER HARRXSBURG, PA. 17104-2516 Remember, this is an OFFXCXAL NOTXCE OF SUSPENSXON. Sincerely, ~~.W% Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 .~ " . cl;., 0C:,.t.15 99 02: 301" COSTOPOLOllS, FOSTER, FIEL (717J761-4031 CO~I~ONWEALTH IN THE cmm:: OF COMMON PLEAS OF CUM8ERLAND COUNTY I PENNSYL \TAKeTA v. 99-1652 CRIMINAL TERM "CHARGE, (1) DRIVING UNDER THE INFLUENCE (2) UNLAWFUL POSSESSION OF DRUG PAP~FHERNALIA AFFIANT, PTL, WILLIp~l STRAYER CY~THIA A, MILLER OTN: 1.039485-5 IN RE: GUILTY PLEA ORDER OF COllRT l\..N"D NOY", this 12th day of October} ::"999, the defendant ( Cy'nthi3 A. Nille:t! havIng appeared ~n open cou:::-t :0~~t~e!' ~~th Allen Welch, Esquire, private counsel, and ~i.c,\,-i',1:~ ::end-=red a plea of gui lty to Count 1, Driving Under ::,[-~e I:1f1 ,,;.ence, a.nd CO~.lnt 2, Unla"wful Possession of Drug Par~p~er~alia, in full satisfaction of all charges alleged, same is accepted and recorded. A ciriv~r.g under the influence re.port is ordered, and ~he defendaQt is directed to appear for sentence in this case cr~ T,-lesday, Nc't,re:noer 30th, 1999, at 1:30 p.m. By the Court, ~-A;J KeVln A. Hess, J. Michelle Hamilto~, Esquire; Ass!stant Qistrict Attor~ey ~~1en Welch, Esquire For the Defendant Proba~ion Sheriff Victim Witness :rJae 9fHI6)T t.. . p. 1 ,"! r! i " I. ii II !i II ~:i :! Ii " I :, ;J ~~ "I (: Ii Ii I I :1 'i 'I :, " ? i: " ,- ~ /- ':? .cf.. ()-- D~ c)3 :~~) ~~" ;j~o... ~ "~',.,. w.- "'5 ~ \;) ~ ~ ~ \ ~ ~ '.i ~ ~ 'Q "- \ ~ ~t ~ l~ \ . ~ cO C t2 ~r: if; ~~;~;:< Le... --~ f) .' -' --, ~- -- C~- c~ ;-, -= , l.l ~ "a: " . ~ 1:J8 - 00-0 ~ 11<-0 -", 8;;S9 , ,fIl " - Q CI1 ~~ -= 'E,.Qt=:' ,Q 013- .~ z' C Q 0'" ... ~::t fIl 8 - , . . . . . , Costopou1os & Welch 1400 North ~Second Street Harrisburg, PA 171 02 (717) 221-0900 ~ \' \ fEB - I) 2006, ' , --'\'.1' ~~~~:;\ ~m~ ~~~~ i~yJi~4F . k':c:- :;pco- T ~6" , . ~. !;Iij'O'--' "r.' COMMONWEALTH OF PENNSYLVANIA : IN TIIE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING v, : No, 2000-728 CINDY MILLER, : APPEAL FROM DRIVER'S LICENSE PetitionerlDefendant : SUSPENSION PRECIPE TO WITHDRAW APPEAL To the Prothonotary: Kindly withdraw the appeal filed at the above term and number, Dated: ~ day of March, 2000 en C, Welch, Esquire COSTOPOULOS & WELCH 1400 N, 2nd Street Harrisburg, P A 171 02 Telephone: (717)-221-0900 Fax: (717) 221-0904 ATTORNEY FOR PETITIONER >:: - ?; Sf - 7- ,- ., ::J..;:1' 0 .;l ("I;::::; Q'f~: <<-,:-' '::)::z ""'"~- C:J~ ..- , 0.- '(~~;;, c:> ;~~ --, " - i._'- ~-,...,. . c:"- '.dL.iJ o;:-::~ L' " 0_ '::,~~O- 0-' Jr- ,;;::::: ~ 0 -J 1.'.- a C) CJ , 19 <ii "al ~ '" ~ 0 00.-'0 ~ 13\"00 -", 8~9 ~ '" - ;:l '" .", OS '€ ~~' Q or:; ~ z' ..... ~ Q 0 .... ~:r: ~ Q - U ,c . . ,- . " ----- . CostopOlt1os& Welch . 1400 North Second Street . . Harrisburg, PA 17102 (717) 221-0900 [ ,