HomeMy WebLinkAbout02-5435KATHERINE B. WOOLFORD, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v. :NO.
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
Respondent
PETITION FOR APPEAL OF SUSPENSION OF DRIVER'S LICENSE
1. Petitioner is Katherine B. Woolford, an adult individual who resides at 1028 West Foxcrot~
Drive, Camp Hill, Cumberland County, Pennsylvania.
2. Petitioner is a licensed operator o fmotor vehicles within the Commonwealth of Pennsylvania.
3. On October 3, 2002, Petitioner pleaded 'guilty' to driving while registration was suspended,
in violation of§1371 of the Motor Vehicle Code..
4. Petitioner elected to enter the plea described above largely because, prior to doing so, she
talked with personnel of Respondent; during that conversation,, an employee of Respondent who
identified herself as Jamie, assured Petitioner that there would be no collateral consequences whatever
if Petitioner pleaded to the charge described above.
5. Relying on information given to her by personnel of the Respondent, Petitioner did elect to
plead to the offense described above, believing that it would entail only a fine.
6. In fact, Petitioner is not guilty of the offense descn'bed above and is petitioning for appeal of
the disposition before the District Justice, nunc pro tunc, contemperaneously with the filing of this
appeal.
7. Petitioner is not guilty of the offense described above because she never received notice of
the alleged registration suspension and, even if she had received notice, the suspension would have
been invalid; Petitioner has at ail times material to this action had her automobiles insured as required
by law.
8. Contrary to the representations of the Respondent's employee or employees, Respondent has
indeed attempted to suspend Petitioner's driver's license for her plea as described herein; a copy of
the suspension notice letter (mail date: October 11, 2002) is attached hereto, marked "A" and
incorporated herein by reference.
9. Petitioner believes and therefore avers that the driver's license suspension is invalid, not only
because she is not guilty of the underlying offense and is attempting to appeal the disposition thereof,
but also because she was mislead by employees or agents of the Respondent; had Petitioner been
apprised of the true facts regarding the consequences of pleading, Petitioner would have challenged
the underlying citation at the District Justice level.
WHEREFORE, your Petitioner Katherine B. Woolford respectfully requests this Honorable
Court to order a heating to determine if the herein described suspension is revokable, and further to
issue a Supersedeas of imposition of suspension tmtil final ~eten~xtination thereof.
Date ' a~nthony T. McBelk~ Esq.
Attorney fi)r Petitioner
407 North Front Igt4 First Floor
Harrisburg, PA lXI. lt01
(717) 238-3686
Supreme Court I.D. # 53729
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: OCTOBER 11, 2002
KATHERINE B WOOLFORD WID # 022779283267019 001
1028 W FOXCROFT DR PROCESSING DATE 10/04/2002
DRIVER LICENSE ~ 22027216
CAMP HILL PA 17011 DATE OF BIRTH 12/01/1969
Dear MS. WOOLFORD:
This is an OffiCial Notice of the Suspension of your Driving
Privilege as authorized by Section 1552B of the Pennsylvania
Vehicle Code.~ As a result of your 10/03/2002 conviction of
violating Section 1571 of the Vehicle Code DRIVE WHILE
f- You'~ driving privilege is SUSPENDED for a period of
N~(~ effective 11/15/2002 at 12:01 a.m.
Be~PmnnDOT can r r riving 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
carefully. Even if you have served all the time on the
suspension/revocation, we cannot restore your driving
privilege until all the requirements are satisfied. ~
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in your possession on or before 11/15/2002. You may
surrender these items before, 11/15/2002, for earlier
credit; however, you may not drive after these items are
surrendered.
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
identification (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 senvimg any suspension
until we receive your license(s). Compl~te the following
steps to acknowledge this suspension.
EXHIBIT "A"
022779283267019
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
notarized ietter 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. 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 68695
Harrisburg, PA 17106-869~,
2. Upon receipt, review and acceptance of your Pennsylvania
driver's license(s), iearner's permit(s), and/or a sworn
notarized letter, pennDOT will send you a receipt
confirming the date that credit began. If you do not
receive a receipt from us within 5 weeks, please contact
our office. Otherwise, you wii1 not be given credit
toward serving this suspension. PennDOT phone numbers
are iisted at the end of this ietter.
3. If you do not return ail current driver license
products, we must refer this matter to the Pennsylvania
State Poiice for prosecution under SECTION 1571(a)(4)
of the PennsyIvania Vehicle Code.
PAYING THE RESTORATION 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:
I. Return the enclosed Application for Restoration. The
amount due is Iisted on the application.
2. Write your driver's iicense number. (Iisted on the first
page) on the check or money order to ensure proper
credit.
Follow the payment and mailing instructions on the back
of the application.
022779285267019
PROVIDING PROOF OF INSURANCE
Within the iast 50 days of'your suspension/revocation, we
wii1 send you a letter asking that you provide proof of
insurance at that time. This latter wilI list acceptabie
documents and what will be needed if you do not own a vehicie
registered in Pennsylvania.
~mportant: PIease make sure that PennDOT is notified if you
move from your current address. You may notify PennDOT of
your address change by caliing any of the phone numbers
listed at the end of this ietter.
APPEAL
You have the, right to appeal this action to the Court of
Common Pleas (Civil Division) within 50 days of the mail
date, OCTOBER 11, 2002, of this letter. ~f you file an
appeal in the county Court, the Court will give you a
tLme-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 certified maii to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Remember, this is an OFFiCiAL NOT~CE OF SUSPENSION. You
must return all current Pennsyivania driver license products
to PennDOT by 11/15/2002. ~
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68695
Harrisburg, PA 17106-8695
INFORMATION (7:00 AM TO 9:00 PM)
IN STATE 1-800-952-q600
OUT-OF-STATE 717-591-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-591-6191
VERIFICATION
I, Anthony T. McBeth, am attorney for the Petitioner, in the captioned action. I am verifying
the attached document for the Petitioner in that she is outside the jurisdiction of this Court. I verify
that the facts set forth in the attached document are tree and con;ect to the best of my knowledge,
information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unswom
falsification to authorities).
KATHERINE B. WOOLFORD,
Petitioner
:
v. : NO.
:
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
Respondent
ORDER
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, pENNSYLVANIA
543
AND NOW, thisl~y of~-,
2002, upon consideration of the
.t
within Petition, it is hereby ORDERED AND DECREED that a hearing be held on the ~ day
of~~~,~ 200~,, in Courtroom No. ,ff at~ :,~l~m- at the Cumberland C°unty
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Notice of said hearing shall be provided
to the Department of Transportation, Bureau of Motor Vehicles by Petitioner's attorney at least thirty
(30) days prior to the date of the hearing.
Also it is hereby ORDERED AND DECREED that a Supersedeas be issued until final
determination of this matter.
Distribution:
Prothonotary's Office (ofig.inal)
Anthony T. McBeth, Esqmre , ~
Depa. lment of Transportation, Bureau of Motor vehicles
Jo
KATHERINE B. WOOLFORD, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 02-5435
:
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF TRANSPORTATION, :
Respondent
AFFIDAVIT OF SERVICE PURSUANT TO PA. R. CIV. P. 405
I, Anthony T. McBeth, Esq., attorney for the Petitioner inthe captioned action, hereby swear
that I have served the Petition upon the Respondent in the captioned action by mailing a certified
copy of same to her addressed as follows: Pennsylvania Department of Transportation, Office of
Chief Counsel, Third Floor Riverfxont Office Center, Harrisburg, PA 17104-2516. Said mailing was
by first class mail, postage prepaid, certified, return receipt requested. Said mailing was effected on
November 22, 2002.
The return receipt, purportedly bearing the stamp of the Office of Chief Counsel, and showing
a delivery date of November 25, 2002, is attached hereto, marked Exhibit "A" and incorporated
herein by reference.
D~te
' "~T M Es .
Anthony L~'~
· Complete items 1, 2, and 3. Also complete I A, Signature ~ . .
item 4 if Restricted Delivery is desired. ~ ~ v t~ ^gent
rse ~ [] Addressee
· Print your name and address on the reve ~.._1! ...... .
so that we can return the card to you. ' - ~ ) lC. Data of Delivery
· Attach this card to the back of the mailpiece, t~l i~ ~,~ ~ ~
or on the front if space permits..11 a.l~eli~w ~lldd~erent froml~t;)-~l='l? ~;~Y~--'=
~) ~.el;tified Mail [] Express Mail
C.~.~,~,.~' / ~ Registered r-I Return Receipt for Memhandise
4. Restricted Delivery? (Extra Fee) [] Yes
PS Form 3811, August 2001
Domestic Return Receipt
EXHIBIT "A"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
Sworn and subscribed before me this 2-/~ day of C~::~'~Ylfl~ , 2002.
NOTARY PUBLIC
My commissions expires:
KATHERINE B. WOOLFORD, · IN THE COURT OF COMMON PLEAS OF
Petitioner ' CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO. 02-5435
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, .
Respondent .
1. The captioned case is an appeal fi.om a driver's license suspension.
2. The suspension came about fi.om an alleged violation of Pennsylvania's Financial
Responsibility law.
3. The District Justice disposition of the Financial Responsibility charge is the subject of
Commonwealth of Pennsylvania v. Katherine B. Woolford, Cumberland County No. 2002-530
M/SC·
4. In the case docketed as described in the previous paragraph, it is the undersigned's
understanding that the Honorable Edward E. Guido, Judge of this Court, has signed an Order
allowing the Petitioner to appeal nunc pro tunc.
5. Upon receipt of Judge Guido's Order, the undersigned will fi~rmally initiate a summary appeal
in this Court, fi.om the Financial ReSponsibility charge.
6. With the appeal fi.om the summary charge pending and the sxummry charge therefore being
unresolved, the undersigned believes and therefore avers that it would not be appropriate to pass
upon the merits of the driver's license suspension that is the subject of the captioned case.
7. In addition to considerations related to the summary appeal, the undersigned also has a
scheduling conflict for the date that the hearing in the captioned case is currently scheduled, that
being January 13, 2003 at 8:30 A.M.
8. The undersigned has spoken with George H. Kabusk, Esquire, counsel for PennDot who is
handling the captioned case; Mr. Kabusk told the undersigned that he on behalfofthe Commonwealth
does not oppose this request for continuance.
9. Assuming that the summary appeal gets resolved in time,, for the date articulated herein, it is
the undersigned's understanding that March 17, 2003 is the date set aside for one or more driver's
license suspension appeal hearings and that date may be an appropriate date to which to move the
hearing in the captioned case.
WHEREFORE, Petitioner requests this Honorable Corm to cominue the appeal hearing in
the captioned case as described above, and to provide any other relief this Court deems appropriate.
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
2
KATHERINE B. WOOLFORD, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 02-5435
:
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
Respondent :
PETITIONER'S MOTION FOR CONTINUANCE OF HEARING CURRENTLY SET
FOR JANUARY 13, 2003
1. The captioned case is an appeal from a driver's license suspension.
2. The suspension came about from an alleged violation of Pennsylvania's Financial
Responsibility law.
3. The District Justice disposition of the Financial Responsibility charge is the subject of
Commonwealth of Pennsylvania v. Katherine B. Woolford, Cumberland County No. 2002-530
MISC.
4. In the case docketed as described in the previous paragraph, it is the undersigned's
understanding that the Honorable Edward E. Guido, Judge of this Court, has signed an Order
allowing the Petitioner to appeal nunc pro tunc.
5. Upon receipt of Judge Guido's Order, the undersigned will formally initiate a surrmmry appeal
in this Court, frOm the Financial Responsibility charge.
6. With the appeal from the summary charge pending and the sunmmry charge therefore being
unresolved, the undersigned believes and therefore avers that it would not be appropriate to pass
upon the merits of the driver's license suspension that is the subject of the captioned case.
7. In addition to considerations related to the smnmary appeal, the undersigned also has a
scheduling conflict for the date that the hearing in the captioned .case is currently scheduled, that
being January 13, 2003 at 8:30 A.M.
8. The undersigned has spoken with George H. Kabusk, E~'~luire, counsel for PennDot who is
handling the captioned case; Mr. Kabusk told the undersigned that he on behalfofthe Commonwealth
does not oppose this request for continuance.
9. Assuming that the summary appeal gets resolved in time for the date articulated herein, it is
the undersigned's understanding that March 17, 2003 is the date set aside for one or more driver's
license suspenSion appeal hearings and that date may be an appropriate date to which to move the
hearing in the captioned case.
WHEREFORE, Petitioner requests this Honorable Court to continue the appeal hearing in
the captioned case as described above, and to provide any other relief this Court deems appropriate.
4Ag ~°3i~i ~r MoPC~., e~n'~i Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
KATHERINE B. WOOLFORD, : IN THE COUI~ OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 02-5435
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
Respondent :
AND NOW, this
ORDER
day of January, 2003, upon consideration of the Petitioner's
Request for a Continuance and the Respondent have no opposition thereto, it is hereby ORDERED
that the Motion for Continuance is Granted.
The hearing
on the appeal petition in the captioned matter shall be set for
~~ t ~ ., 2003 at~.~ ~ .M. in Courtroom Number 5 of the Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
0/-
E. Guido, Judge
KATHERINE B. WOOLFORD,
Petitioner
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO. 02-5435
COMMONWEALTH OF PENNSYLVANIA, ·
DEPARTMENT OF TRANSPORTATION, ·
Respondent .
PETITIONER'S MOTION FOR CONTINUANCE
1. The heating in the captioned case is currently set for March 17, 2003 at 3:00 P.M. before the
Honorable Edward E. Guido, Judge of the Cumberland County Court of Common Pleas.
2. This case is an appeal fi:om a driver's license suspension, the suspension having been issued
because ora plea of guilty that Katherine B. Woolford entered before a District Justice, to the charge
of driving while registration was suspended, the registration suspension having come about because
of alleged failure to have required financial responsibility on the applicable automobile.
3. Subsequemly, this Court has allowed Ms. Woolford to appeal fi:om that guilty plea (indeed,
at all applicable times, she did have her vehicle insured, and we have copies of the insurance cards)
to Cumberland County No. 2003-0134 Criminal.
4. The hearing on Ms. Woolford's summary appeal is set for March 18, 2003 at 2:00 P.M.,
again, before the Honorable Edward E. Guido, Judge of the Cumberland County Court of Common
Pleas·
5. The disposition of the summary appeal essentially controls the disposition of the captioned
case; that is to say, if Ms. Woolford is found guilty onher summary appeal, then the driver's license
suspension is clearly valid, and we would probably withdraw the appeal in the captioned case. On
the other hand, if Ms. Woolford is found not guilty in her summary appeal, then the captioned appeal
clearly would be valid, and perhaps PermDot would even voluntarily reinstate Ms. Woolford, thereby
eliminating the need for a hearing in the captioned ease.
6. Regardless of what particular disposition comes fi.om the stumnm~ appeal, it seems clear that
the hearing (or other resolution) of the summary appeal needs to occur before the hearing in the
captioned case.
7. At this point, the hearing in the captioned case is scheduled prior to the hearing in the
summary appeal.
8. In view of the scenario set forth herein, in order to ensure that the hearing on the summary
appeal or disposition of it occurs prior to the hearing or disposition of the captioned case, Petitioner
requests this Honorable Court to continue the hearing in the captioned case to a date after March 17,
2003.
9. The undersigned has spoken with George H. Kabusk, Esquire, the
represeming PennDot in the captioned ease. Mr. Kabusk does not oppose
cominuance.
attorney who is
this request for
WHEREFORE, Petitioner requests this Honorable Court to cominue the hearing in the
captioned case to a date after March 17, 2003, and to provide any other relief this Court deems
appropriate.
AnthOny T. Mc~ Esc~.~.~
Attorney for P/~titioi~r
407 North Fro~st Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
2
KATHERINE B. WOOLFORD, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 02-5435
:
COMMONWEALTH OF PENNSYLVANIA,:
DEPARTMENT OF TRANSPORTATION, :
Respondent :
AND NOW, this
ORDER
day of February, 2003, upon consideration of the Petitioner's
Request for a Cominuance, and the record disclosing that Respondem, the Pennsylvania Departmem
of Transportation is unopposed for that request, it is hereby ORDERED that Petitioner's Motion for
Continuance is GRANTED.
The hearing in the captioned case, which was set for March i 7, 2003 is now scheduled for
~~ ~-b ,2003 at O~.I}~___.M. in Courtroom Number 5 ofthe Cumberland County
Courthouse, One Courthouse Square (High and Hanover Streets), Carlisle, Pennsylvania.
Edward E. Guido, Judge
KATHERINE B. WOOLFORD,
Petitioner
Vo
: IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 02-5435
COMMONWEALTH OF PENNSYLVANIA, ·
DEPARTMENT OF TRANSPORTATION, ·
Respondent ·
PETITIONER'S MOTION FOR CONTINUANCE
1. The hearing in the captioned case is curremly set for March 17, 2003 at 3:00 P.M. before the
Honorable Edward E. Guido, Judge of the Cumberland County Court of Common Pleas.
2. This case is an appeal fi.om a driver's license suspension, the suspension having been issued
because ora plea of guilty that Katherine B. Woo[ford emered before a District Justice, to the charge
of driving while registration was suspended, the registration suspension having come about because
of alleged failure to have required financial responsibility on the applicable automobile.
3. Subsequemly, this Court has allowed Ms. Woo[ford to appeal fi.om that guilty plea (indeed,
at all applicable times, she did have her vehicle insured, and we have copies of the insurance cards)
to Cumberland County No. 2003-0134 Criminal.
4. The hearing on Ms. Woo[ford's sun-anary appeal is set for March 18, 2003 at 2:00 P.M.,
again, before the Honorable Edward E. Guido, Judge of the Cumberland County Court of Common
Pleas.
5. The disposition of the summary appeal essemially controls the disposition of the captioned
case; that is to say, if Ms. Woo[ford is found guilty onher sunmmry appeal, then the driver's license
suspension is clearly valid, and we would probably withdraw the appeal in the captioned case. On
the other hand, if Ms. Woo[ford is found not guilty in her summary appeal, then the captioned appeal
clearly would be valid, and perhaps PennDot would even voluntarily reinstate Ms. Woolford, thereby
eliminating the need for a hearing in the captioned case.
6. Regardless of what particular disposition comes fi.om the summary appeal, it seems clear that
the hearing (or other resolution) of the summary appeal needs to occur before the hearing in the
captioned case.
7. At this point, the hearing in the captioned case is scheduled prior to the hearing in the
summary appeal.
8. In view of the scenario set forth herein, in order to ensure that the hearing on the summary
appeal or disposition of it occurs prior to the hearing or disposition of the captioned case, Petitioner
requests this Honorable Court to continue the hearing in the captioned case to a date after March 17,
2003.
9. The undersigned has spoken with George H. Kabusk, Esquire, the attorney who is
representing PennDot in the captioned ease. Mr. Kabusk does not oppose this request for
continuance.
WHEREFORE, Petitioner requests this Honorable Court to continue the hearing in the
captioned case to a date after March 17, 2003, and to provide any other relief this Court deems
appropriate.
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
KATHERINE B. WOOLFORD,
Petitioner
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5435 Civil Term
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue the captioned action.
(717) 238-3686
Supreme Court I.D. # 53729