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Home My WebLink About02-5820HEIDI A. FRAKER, Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Vs. : : NO. CIVIL TERM COMMONWEALTH OF PA : g~) aL - o'"~,,l ,~ DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : PETITION OF APPEAL OF MOTOR VEHILCLE LICENSE SUSPENSION AND NOW, comes Petitioner, Heidi A. Fraker, by and through her counsel, Bradley L. Griffie, Esquire and the law firm of Cn'iffie & Associates, and respectfully represents: 1. Petitioner is Hcidi A. Fraker, an adult individual currently residing at 387 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is 18 years of age, with a date of birth of November 2, 1984, and a Pennsylvania drivers license number of 26950768. 3. By correspondence dated October 29, 2002, the Petitioner was notified by the Pennsylvania Department of Transportation that the Department was suspending her license as a result of a conviction of violating Section 3345A of the Motor Vehicle Code, a copy of said notice is attached hereto and incorporated herein by reference as Exhibit "A". 4. Petitioner received a citation for violation of Section 3345A of the Motor Vehicle Code, to which she initially plead "guilty", but has since plead "not guilty" and for which a hearing is scheduled for January 6, 2003. 5. As Petitioner has not been convicted of any motor vehicle violation at this time, the suspension of her drivers license is inappropriate and contrary to law. 6. For the aforesaid reasons, the action of the Pennsylvania Department of Transportation, Bureau of Driver Licensing, should be vacated and the suspension should be reversed. 7. The action of the Pennsylvania Department of Transportation Bureau of Driver Licensing should be stayed pending the de novo heating in this matter. WHEREFORE, Petitioner requests your Honorable Court to enter an Order setting this matter for a de novo hearing, at which time the Court should set aside the Order of the Departmem of Transportation suspending Petitioner's driver license privileges, and requests the Court to stay the suspension pending the de novo hearing. Respectfully submitted, /~squlre ~-~6rk~ for Petitioner GRIFFIE & ASSOCIATES 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I, Bradley L. Griffie, Esquire, counsel for Heidi A. Fraker, hereby swear and affirm that the facts set forth in this Petition are txue and correct to the best of my knowledge, information and belief. I have sufficient knowledge or information and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. uire COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing MaiI Date: NOVEMBER 05, 2002 HEIDI A FRAKER WID ~ 023029283621660 001 387 MOOREDALE ROAD PROCESSING DATE 10/29/2002 DRIVER LICENSE ~ 26950768 CARLISLE PA 17013 DATE OF BIRTH 11/02/1984 Dear MS. FRAKER: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1555 of the Pennsylvania Vehicle Code. As a result of your 10/28/2002 conviction of violating Section 5545A of the Vehicle Code, PASSING A SCHOOL BUS, on 09/01/2002: · Your driving privilege is SUSPENDED for a period of 60 days effective 12/10/2002 at i2:0i a.m. · PennDOT is required by law to assign 5 points to your driving record. Before PennDOT can restore your driving 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 ail 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 ail current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 12/10/2002. You may surrender these items before, 12/10/2002, 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. Exhibit "A" 025029283621660 You will not receive credit toward serving any until we receive your license(s). Complete the steps to acknowledge this suspension. suspension following i. 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 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. 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), and/or a sworn notarized letter, PennOOT will send you a receipt confirming the date that credit began. 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. PennDO% phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(q) of the Pennsylvania 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: 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. 025029285621660 ~ROVIDING PROOF OF INSURANC~ Within the last 50 days of your suspension/revocation, 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 PennO0T 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, NOVEMBER 05, 2002, 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 certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710fl-251& Remember, this is an OFFICIAL NOTICE OF SUSPENSION- You must return all current Pennsylvania driver license products to PennDOT by 12/10/2002. Sincerely, Rebecca L. BickleY, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-4600 TDD IN STATE OUT-OF-STATE 717-591-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 HEIDI A. FRAKER, Petitioner 0 ZOO2 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Vs. : -. 67f & 6 : NO. CIVIL TERM COMMONWEALTH OF PA : DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : ORDER OF COURT AND NOW, this I'~,~ day of ~ , 2002, upon presentation and consideration of the within Petition, a hearing de novo is granted to determine whether the action of the Department of Transportation suspending Petitioner's driver's license should be set aside. The action of the Department is stayed pending the hearing in this matter. The hearing on the above captioned matter is set for i~_C~, the 9i ~day of "~'t")~ , 2003, at [)~ o'clock, ~.m. in Courtroom No. 2~..of the Cumberland County Courthouse, Carlisle, Pennsylvania. Petitioner is directed forthwith to serve a notice of this appeal and copy of the Petition for Review and Order of Court on the Department of Transportation by certified mail, return receipt requested. Jo HEIDI A. FRAKER, Petitioner Vo COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION NO. 02-5820 BUREAU OF DRIVER LICENSING, · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM .AFFIDAVIT OF SERVICE AND NOW, this (_ff day of January, 2003, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Heidi A. Fraker, and states that a true and attested copy of a Petition of Appeal of Motor Vehicle License Suspension and related Order of Court dated December 12, 2002, was sent to Commonwealth of Pennsylvania, Department of Transportation, Chief Counsel at Third Floor, Riverfront Office, Harrisburg, Pennsylvania 17104-2516, by certified mail, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on December 27, 2002. GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscri~e~l,.to before nite this (~'tnt-- day of ,~ ~.~ {,l.~]~, ,2603 · Com~plete items 1, 2, and 3. Also comp ete m.~ if Restricted Delivery is desired. A. Signature · n.n~your name and address on the reverse X so ~.at we can return the card to you. · Attach this card to the back of the mailpiece, B. Received by (Printedf or on the front if space permits. ;~- 1. Article Addressed to: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CHIEF COUNSEL THIRD FLOOR .-. RIVERFRONT OFFICI HARRISBURG PA 17104-2516 [] Agent C. Date of Delivery 17 DEC ~, ? 2_002 O.o [ ( /~ansfer from service label) PS Form 3811, August 2001 Registered [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) Domestic Return Receipt [] Return Receipt for Merchandise [] Yes 102595-02-M-0835 --I- Postage ,~' ~"; ' ' ..'3" Certified Fee Return Receipt Fee ru (End~mement Required) I--1 (Endo~ement Required) I"1 Total Postage & Fees '"/ ..................... HEIDI A. FRAKER, Petitioner VS. COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5820 CIVIL TERM PRAECIPE Please withdraw the Petition for Removal of License Suspension filed in the above- captioned action based upon the attached correspondence from the Pennsylvania Department of Transportation. The withdrawal of the Petition will cause the heating previously scheduled in this matter for March 31, 2003, at 1:30 p.m. before the Honorable Edgar B. Bayley to be vacated as well. Date Respectfully submitted, /"/" ~squire (~-~9~ for Petitioner v -GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~R-11-05 0~:00 F~-PENN POT T-354 P.01/O1 F-893 ~A~ISBURG, ~A 17123 CA~LZSL~ PA ~7013 26950768 1~/o2/s4 Dear ~, The actiOR which was Iati0ated on Bo O£ficial No~i~ that ~ou roc~ve~ with mn effective dat~ of 12/10/0~ ha~ been yoHr rooord. ~ acti~ ~a~ w~s ~emov~d a~diti~a~ ~rresDo~00 advisin~ ~u of that fac=. sl~erelv, P~D~c= L. Bickle~, Director