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Home My WebLink About00-03541 L _I I ~ , ~~, IN THE CQURT OF CQMMQN PLEAS QF CUMBERLAND CQUNTY, PENNSYL VANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT QF TRANSPQRTATIQN, BUREAU OF DRIVER LICENSING No. aJ - 351./1 ~ vs. BARBARA LQRAINE CQURTNEY STATUTQRY APPEAL FROM DRIVER LICENSE SUSPENSION ORDER AND NOW this / ~ day of JUNE, 2000 , upon reviewing the Petition of the Petitioner, BARBARA LORAINE COURTNEY" a hearing de novo is scheduled for tluf-,,of- /~, 200L, atJ:30A-M, in Courtroom No. '1 CUMBERLAND CQUNTY COURT QF CQMMQN PLEAS, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 170!3-3387,. ALL PRQCEEDINGS TQ STAY PENDING HEARING DE NOVO. WHEREFORE, it is so ORDERED BY THE CQURT ~-;jaJJ t -/.5-00 AK.5 "I F;LF:!)<J::;::;'CE OF if-"": ...._,--,..,., .j:Jl~<\RY 00 jUrl f l,~ fin 3= hE CUMBLFiLApJD COUNTY PENNSYLVANIA ~,.. - ',' '~" i~~' .",.'.".", ~<1" .', ., .-.,'- . . .- ~ ~ ~~. ,~,,.,JI!lf! ~ " il!M!1I'1..,.. . "...,_...ql , ,1 - -- IN THE CQURT QF CQMMON PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIQN - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT QF TRANSPORTATION, BUREAU QF DRIVER LICENSING No. tJ(J - .Js'/ I 6.;.,,;( -r.t./.A- vs. BARBARA LORAINE COURTNEY STATUTQRY APPEAL FROM DRIVER LICENSE SUSPENSIQN NOW CQMES, BARBARA LORAINE CQURTNEY, Petitioner, by and through her Attorney, Philip L. Zulli, Esquire, and hereby files this STATUTQRY APPEAL FROM DRIVER LICENSE SUSPENSION, for the following reasons: 1. Petitioner is a resident of Cumberland County, residing at 6245 Stanford Court, Mechanicsburg, PA 17055. 2. Petitioner possesses a valid Pennsylvania driver's license, number 24113721. 3. By official notice dated and mailed May 15, 2000, petitioner's operating privilege was suspended for an indefinite period due to a failure to take a special driver's examination. A copy of the notice of suspension is attached as Exhibit A. 4. On March 17, 2000, Petitioner's daughter was cited for speeding, a violation of Section 3362 of the Vehicle Code. -'lliIt ...~, 5. Petitioner's daughter told the police officer that she was Barbara Courtney. 6. The police officer obtained Petitioner's driver's license by asking for it through the police radio, and wrote a citation to Petitioner for traveling 80 mph in a 45 mph speed zone. 7. The police officer handed the citation to Petitioner's daughter, and petitioner's daughter promptly paid the citation at the District Justice's office. 8. When the District Justice reported the paid citation as a conviction to the Department of Transportation, PennDOT assigned points to Petitioner's driving record which resulted in Petitioner being notified by PennDOT that she had to take a special driver's examination. 9. After Petitioner received this notice, Petitioner's daughter, who resides with Petitioner, then told Petitioner what she, the daughter had done about misrepresenting her identity to the police officer. 10. Petitioner refused to take the driver's examination because she did nothing wrong to warrant having to take the examination. 11. When Petitioner's attorney contacted PennDOT, he was advised by the Assistant Chief Counsel of the Vehicle and Traffic Law division that PennDOT could not do anything and that Petitioner would either have to take the special exam, or wait until she was suspended and file an appeal with the Court of Common Pleas, in order to obtain a stay of any PennDOT action. 12. During the stay ofthe PennDQT appeal, Petitioner is trying to have the convictions reversed by filing an appeal nunc pro tunc ofthe underlying criminal citations. 13. Petitioner has a statutory right to appeal the suspension of her operating privilege pursuant to Section 1550 of the Vehicle Code and Section 933(a) ofthe Judicial Code, and the filing of the appeal entitles Petitioner to an automatic supersedeas of the suspension of her operating privilege. ,ur- _.; , , WHEREFQRE, Petitioner requests that the suspension imposed be rescinded and removed from her record. ;;;;Fj,t Philip L. Zulli, EsqUIre Atty. ill. No.: 47,499 1501 North Front Street, Harrisburg, Pennsylvania 17102 Phone: (717) 238-9004 Fax: (717) 238-9010 Dated: June 9, 2000 ':L , < . "'''' . 'lU.'. , . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MAY 15, 2000 BARBARA LORRAINE COURTNEY 6245 STANFORD COURT MECHANICSBURG PA 17055 001299223152611 001 05/08/2000 24113721 01/09/1936 Dear Motorist: An indefinite suspension will be imposed under Section 1538 of the Vehicle Code, on the effective date listed be- low, as a result of your failure to comply with the required Special Examination. 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 possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTH~~WlSE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 06/19/2000, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (MAY 15, 2000) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. EyJ)/ B /1 4- 001299223152611 . . THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 SEND FEE/LICENSE/DL-16LC/TO: pepartment of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, ~~,~ . ' - ,~-." - ~.~ ~ ~~__lIilI!i;.'ii.~, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 8:00 PM) 1-800-942-3926 717-391-6192 1-80~-228-0676 717-391-6191 ,J._ ,.,,,"'. !; . . 001299223152611 ********************************* AUTHORIZATION TO TAKE EXAMINATION ********************************* 1. All examinations are by appointment only. For Special Driver Examinations as a result of a Hearing, you must con- tact the Department. For Special Point Examinations, call the number above, weekdays between the hours of 8:00 A.M. and 4:00 P.M., to schedule your appointment. 2. To be admitted to the examination, you must show this letter, your valid driver's license, and your financial re- sponsibility I.D. card to the examining officer. 3. You will be given three chances to pass the examination with this letter. 4. Failure to pass the examination before 06/19/2000 will result in the suspension of your driving privilege until you pass the examination. 5. If you pass the examination on or after 06/19/2000, you must pay a 25.00 restoration fee, and are not authorized to drive until your driving privilege is officially restored by the Department. ".L _._.. ,~ - ~" ........""'.." ... ". VERIFICATIQN I, Barbara L. Courtney, read the forgoing Appeal from License Suspension and do state that the statements therein are true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subjectto the penalties of18 Pa. C.S.A. 94904 of the Crimes Code (relating to unsworn falsification to authorities). Date: June 5, 2000 ~":~ L u ~" - "I(t'~~I>~ '. IN THE CQURT QF CQMMON PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CQMMQNWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPQRTATIQN, BUREAU OF DRIVER LICENSING vs. BARBARA LORAINE COURTNEY STATUTORY APPEAL FROM DRIVER LICENSE SUSPENSION CERTIFICATE QF SERVICE I, PHILIP L. ZULLI, ESQUIRE, certify that I have served a copy of the STATUTQRY APPEAL FRQM DRIVER LICENSE SUSPENSIQN, on this date by U.S. certified mail, return receipt requested, to the following parties: Rebecca Bickley c/o Qffice of Chief Counsel Vehicle & Traffic Law Division, Riverfront Office Center, 3rd Floor 1101 S. Front St., Harrisburg, P A 17104 DATED: JUNE 9, 2000 Philip L. ulli, Es ire 1501 North Front Street Harrisburg, Pennsylvania 17102 Attorney ill: PA #47499 (717) 238-9004 (717) 238-3230 (Fax) .. " u~ --" =". _ ,~" '. , - ~"-"-'" . - -, "" .< .~ ""',: COMMONWEALTH OF PA. DEPARTMENT OF TRANS., BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-3541 CIVIL vs. CIVIL ACTION - LAW BARBARAL.COURTNEY ORDER AND NOW, this :z. I . day of August, 2000, at the request of counsel, hearing in the above captioned matter set for August 16, 2000, is continued to Friday, October 6, 2000, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, George Kabusk, Esquire For PennDOT ,4 . Hess, J. Philip 1. Zulli, Esquire For the Petitioner :rlm ~/'D-rrtaU ~~ ..00 R'KS ~~ ",",- ""!"'..~;;., &..~'~' "'~"-,, U'{j -, --" ...~~ . '::iLt:[)--{)i:"FI'"::E ',',"!-I'~ i::-)j\'/OTARY OOMIG2! A!i//:46 "UI ,- "",' ., Jr' ~OUIITY It \;,!bL:hLL~;\,.) L" \ j PENlVSYLVANlA /; J. _, _,'. " .r ',' -~, -, ,,,..-,0 . , )', . ,v, "," J-' """""",'.'-,r:, COMMONWEALTH OF PA. DEPARTMENT QF TRANS., BUREAU QF DRIVER LICENSING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-3541 CIVIL vs. CIVIL ACTION - LAW BARBARAL.COURTNEY ORDER AND NOW, this 30 · day of October, 2000, at the request of counsel, hearing in the above captioned matter set is continued to Thursday, December 7, 2000, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, George Kabusk, Esquire For PennDOT ./1.;:1 Philip 1. Zulli, Esquire For the Petitioner :rlm ",'" -......~_...... ~l!iIII$~ _('. ,...."..'"'\['r: \", ',< ,.-,\J'"r '.J\".. \'\\-c ~'-) . \ \' '! I ",""I,C',1 _, \r~ ",,:(-.( \-;"\.~/",~\'--i.\J \1'\1"'\ Or ".,~ i ,~J"\" Gu (lei '3 \ \\\\ \\1: \ \ G\.JN\\3\:.I'\~D GO\.lNli I'c,NNS'{\'\!N'\\!;. - rilihl" ,,<,-"'~',",., --- -.' "'0", " .~ ".". ~ >- ~ .- " (. ~ " ',. IN THE COURT OF CQMMON PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACl':JN - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT QF TRANSPORTATION, BUREAU OF DRIVER LICENSING vs. BARBARA LORAINE COURTNEY No. 00-3541 STATUTORY APPEAL FROM DRIVER LICENSE SUSPENSION PRAECIPE OF WITHDRAWAL TO THE PROTHONOTARY: Please withdraw the statutory appeal of the Petitioner, Barbara Loraine Courtney. Philip L. ulli, Esquire 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 (717) 238-9010 Attorney for Petitioner, Barbara Lorain Courtney December 4, 2000 ,".~"~-,., ...~L_~ "'1,"',..' - ~_~,' ,. ~l!.!_ -"",- ~.']l ~_. "_i'~~""'~~ .~ "",." ""~" '.~l'!ir:iill?" """"...a<= ..,,- lIii_- ~ 0'" ,,'.:..' C') ~ "Uo; !pgj ~r;;: ;::$":2e ' kO ~,8 ;J;; c: ~ -0 ::JI: c..o .. o o '. j o o o "'i"J C") I en 9 n .-> "r" n''j-n ur~ _.' ...11 :(5'i~ :;:iD ri-;::+i zf5 ()IT1 :;! :0' -< ~ , , . "".,',- I .+ " . ',~~ " ' :' t IN THE COURT QF COMMON PLEAS QF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW COMMQNWEAL TH OF PENNSYL VANIA, DEPARTMENT OF TRANSPQRTATION, BUREAU OF DRIVER LICENSING No. 2000-3541 vs. BARBARA LQRAINE CQURTNEY STATUTORY APPEAL FROM DRIVER LICENSE SUSPENSION CERTIFICATE OF SERVICE I, PHILIP L. ZULLI, ESQUIRE, certify that I have served a copy of the WITHDRAWAL OF ST ATUTQR Y APPEAL FROM DRIVER LICENSE SUSPENSION, on this date by first class U.S. mail to the following parties: George Kabusk Assistant Counsel Office of Chief Counsel Vehicle & Traffic Law Division, Riverfront Office Center, 3m Floor 1101 South Front St., Harrisburg, Pennsylvania 17104 The Hon. Kevin A. Hess Judge, Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Attorney for Department of Transportation DATED: December 4,2000 Philip L. Zulli, Esqu e 1501 North Front Street Harrisburg, Pennsylvania 17102 AttorneyID: PA#47499 (717) 238-9004 (717) 238-3230 (Fax) Au" ~ '*r '^jl ' ~lll lill' iiilfillllr.'......."'" '" ""'~~, ''''"''''''''\l;llii;&r- ",,,,," , ~'J,. '" _.- """ . - " ~ ~ ,) } (") .0 !?, C 0 s:: '=' .-4 "'Om rtl 1~F!~~ m,fTJ n Z::O 1 i:3~ zr;:: ~z 0'"> kC) " =:i -r, :L.," ~g :J:: a~- ..,.0 .~ Om --1 ~ 0 ?5 0 -<