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HomeMy WebLinkAbout02-5915MEGHAN E. REMSNYDER, a minor, by Maura Jenkins, her Guardian, Petitioner, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~- 5~'915~' Civil Term Appeal From Suspension of Driver's License APPEAL FROM LICENSE SUSPENSION AND NOW comes the petitioner, Meghan Elyse Remsnyder, by and through her counsel, R. Mark Thomas, Esquire, and files this Petition of an Appeal from the Notice of License Suspension which she received from the Commonwealth of Pennsylvania and in support thereof respectfully represents: 1. Meghan E. Remsnyder is a minor, age 17, who resides with her mother, Maura Jenkins, at 24 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Commonwealth of Pennsylvania Department of Transportation has its principal office located on the Third Floor, Riverfront Office Center, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about October 9, 2002 your petitioner was issued a citation by the Upper Allen Township Police Department citing her with Underage Consumption of Alcohol. 4. On October 30, 2002 petitioner was convicted of the citation for Underage Consumption of Alcohol. conviction. 6. On December 2, 2002, petitioner filed a timely appeal of the underlying By letter dated November 12, 2002, the Department of Transportation notified the petitioner that her driver's license was being suspended for a period of ninety (90) days, effective December 17, 2002, due to her conviction on October 30, 2002. A copy of the letter from the Department of Transportation is attached hereto as Exhibit A. 7. The Upper Allen Township police officer did not have sufficient evidence to justify the issuance of the citation in that: (a) There is no evidence of BAC; (b) The officer did not see petitioner with alcohol; and (c) The officer never met fact to face with petitioner and therefore never detected an odor of alcohol on her breath. 8. The suspension is scheduled to become effective on December 17, 2002, which date may precede the date on which the petitioner has an opportunity to litigate the merits of this Petition. 9. Your petitioner participates in a cooperative work program at Mechanicsburg High School which requires her to work in Camp Hill for five (5) days per week. 10. Your petitioner needs to be able to drive from school to work each day to continue in the cooperative work program. WHEREFORE, petitioner prays that this Honorable Court will schedule a hearing with regard to the issues raised in this Petition and pending such hearing your petitioner requests that the Court sign the attached Order which stays the imposition of the license suspension until such time as the Court has had an opportunity to have a hearing on this appeal. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Appellant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID# 41301 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 12, 2002 MEGHAN ELYSE REMSNYDER 24 W LOCUST ST MECHANICSBURG PA 17055 WID ~ 023096112370633 001 PROCESSING DATE 11/05/2002 DRIVER LICENSE ~ 27044675 DATE OF BIRTH 12/19/1984 Dear MS. REMSNYDER: As a result of Your violation on 10/09/2002 of violating Section 6508 (offenses related to alcohol), Your driving Privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 1532D of the vehicle code. The effective date o~ suspension ls 12/17/2002, 12:01 a.m. 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 shou/d follow ALL instructions very carefully. Even t~ You have served all the t/me on the suspension/revocation, we cannot restore your drivlng privilege unt/1 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 12/17/2002. You may surrender these items before, 12/17/2002, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENT~FZCATZON 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 wlll not receive c~edit toward serving any sUspension until we pecelve Youp 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 Exhibit A 023096112370633 notarized letter stating you are aware of the suspension of Your driving PrivJlegeo 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 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner'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 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. 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)(~) of the PennsYlvania Vehicle Code. .PAYING THE RESTORATION FEF 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. 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 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. Zm~o~tant: 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. 023096112370633 ~PPEAL You have the right to appea! this action to the Court of Common P!eas (Civi! Division) within 30 days of the mai! date, NOVEMBER 12, 2002, of this lettero Zf you file an appeal in the County Court, the Court w11! glve you a t/me-stamped certified copy of the appeal. In order for your appeal to be valid, You must send th~s time-stamped certJfAed copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrlsburg, PA 17104-2516 Remember, th~s is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return a11 current Pennsyivania driver license products to PennDOT by 12/17/2002. S~ncerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-q600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE NEB SITE ADDRESS w~.dot.state.pa.us 1-800-228-0676 717-391-6191 VERIFICATION I verify that the statements ~nade in the foregoing document are true anti correct. I understand that false statements herein a,'e made st,bject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities. Date:_~-//-O,.2. CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 R. Mark Thomas, Esq. MEGHAN E. REMSNYDER, a minor, by Maura Jenkins, her Guardian, Petitioner, Vw COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. {')~'~ /C Civil Term Appeal From Suspension of Driver's License AND NOW, this ORDER day of ~ , 2002, upon consideration of the within Appeal of the License Suspension imposed by the Commonwealth of Pennsylvania, Department of Transportation, and the request by the petitioner that the license suspension be stayed until such time as she has had an opportunity to be heard on this appeal, it is hereby ordered that the license suspension imposed by the Commonwealth of Pennsylvania, Department of Transportation, dated November 12, 2002, and effective December 17, 2002, is hereby stayed pending the outcome of this appeal. A hearing is hereby scheduled on the appeal of the license suspension for the Cumberland County Courthouse, Carlisle,~ Jo of the CC: Legal Office, Department of Transportation R. Mark Thomas, Esquire Appellant L~ ] L~.J ,LO MEGHAN E. REMSNYDER, a minor, by Maura Jenkins, her Guardian, Petitioner, Ve COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~- 3~'9/~~' Civil Term Appeal From Suspension of Driver's License APPEAL FROM LICENSE SUSPENSION AND NOW comes thc petitioner, Meghan Elysc Rcmsnyder, by and through her counsel, R. Mark Thomas, Esquire, and files this Petition of an Appeal from the Notice of License Suspension which she received from the Commonwealth of Pennsylvania and in support thereof respectfully represents: 1. Meghan E. Remsnyder is a minor, age 17, who resides with her mother, Maura Jenkins, at 24 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Commonwealth of Pennsylvania Department of Transportation has'its principal office located on the Third Floor, Riverfront Office Center, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about October 9, 2002 your petitioner was issued a citation by the Upper Allen Township Police Department citing her with Underage Consumption of Alcohol. 4. On October 30, 2002 petitioner was convicted of the citation for Underage Consumption of Alcohol. o conviction. 6. On December 2, 2002, petitioner filed a timely appeal of the underlying By letter dated November 12, 2002, the Department of Transportation notified the petitioner that her driver' s license was being suspended for a period of ninety (90) days, effective December 17, 2002, due to her conviction on October 30, 2002. A copy of the letter from the Department of Transportation is attached hereto as Exhibit A. 7. The Upper Allen Township police officer did not have sufficient evidence to justify the issuance of the citation in that: (a) There is no evidence of BAC; (b) The officer did not see petitioner with alcohol; and (c) The officer never met fact to face with petitioner and therefore never detected an odor of alcohol on her breath. 8. The suspension is scheduled to become effective on December 17, 2002, which date may precede the date on which the petitioner has an opportunity to litigate the merits of this Petition. 9. Your petitioner participates in a cooperative work program at Mechanicsburg High School which requires her to work in Camp Hill for five (5) days per week. 10. Your petitioner needs to be able to drive from school to work each day to continue in the cooperative work program. WHEREFORE, petitioner prays that this Honorable Court will schedule a hearing with regard to the issues raised in this Petition and pending such hearing your petitioner requests that the Court sign the attached Order which stays the imposition of the license suspension until such time as the Court has had an opportunity to have a hearing on this appeal. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Appellant 101 South Market Street Mechanicsburg, PA 1'7055 (717)796-2100 ID# 41301 CONNONWEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Hall Date: NOVEHBER 12, 2002 MEGHAN ELYSE REMSNYDER 24 W LOCUST ST MECHANICSBURG PA 17055 WID ~ 023096112370633 001 PROCESSING DATE 11/05/2002 DRIVER LICENSE ~ 27044675 DATE OF BIRTH 12/19/1984 Dear NS. RENSNYDER= As a result of your violation on 10/09/2002 of violating Section 650B (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 1552D of the vehicle code. The effective date of suspension ts 12/17/2002, 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for CONPLYING NITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should ~olloN ALL instructions very carefully. Even 1~ you have served all the time on the suspension/revocation, Ne cannot restore your drlvlng privilege untll al! the requirements are satisfied, COHPLYING 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 i2/i7/2002. You may surrender these items before, 12/17/2002, for earlier credit; however, you may not drive after these items are surrendered· YOU HAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON 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 /dent/f/cat/on card. You w111 not receive credit toward servlng any suspension untll Ne recelve your license(s). Complete the following steps to acknowledge this suspension. 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 Exhibit A 025096112570655 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 driverts license. Remember: You may not retain your driverts license for identification purposes· Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68&95 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of your Pennsylvania driver*s license(s), learner"s permit(s), and/or a sworn notarized letter, PennDOT will send you a recelpt 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. PennDOT phone numbers are listed at the end of this letter. 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)(~) 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. Hrite your driver's license number (listed 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. PROVIDING PROOF OF INSURANCE H/thin the last 30 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. zmportant: 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. 025096112570&~$ APPEAL You have the right to appeal this action to the Court of Common Pleas (Civ/1 Division) w/th/n $0 days of the mail date, NOVEMBER 12, 2002, of this letter. Zf you file an appeal in the County Court, the Court wlll glve you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certif/ed copy of the appeal by cert/fied mai1 to: Pennsylvania Department of Transportation Off/ce of Ch/el Counsel Third Floor, R/verfront Off/ce Center Harrisburg, PA 1710q-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 12/17/2002. Sincerely, Rebecca L. Bickley, D/rector Bureau of Driver Licensing INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-952-q600 TDD IN STATE OUT-OF-STATE 717-$91-6190 TDD OUT-OF-STATE WEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 VERIFICATION I verify that the statements ~nade in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: /'~ -//- OoSL CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: R. Mark Thomas, Esq. MEGHAN E. REMSNYDER, a minor, by Maura Jenkins, her Guardian, Petitioner, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5915 Civil Term Appeal From Suspension of Driver's License MOTION FOR CONTINUANCE AND NOW, this day of ., 2003, the petitioner, by and through her counsel, R. Mark Thomas, Esquire, files this Motion for a continuance of the hearing scheduled for February 13, 2003 and in support thereof respectfully represents: 1. On December 12, 2002 the petitioner filed an Appeal From a License Suspension. 2. The license suspension was imposed by the Commonwealth of Pennsylvania Department of Transportation as a result of the petitioner's cc,nviction on October 30, 2002 for Underage Consumption of Alcohol. 3. The appeal from the license suspension was based upon a challenge to the underlying conviction for Underage Consumption of Alcohol. 4. There was a timely appeal filed from the conviction of the summary offense of Underage Consumption of Alcohol. 5. The summary appeal hearing is scheduled for March 18, 2003 at 9:00 a.m., in Courtroom 2. (A copy of the hearing notice is attached hereto and marked Exhibit A). 6. The outcome of the civil appeal of the license suspension is dependent upon the outcome of the summary appeal of the underlying conviction. 7. Petitioner requests that the civil appeal be continued until after the summary appeal hearing on March 18, 2003. 8. There is no prejudice to the Commonwealth of Pennsylvania by the granting of this Motion for a continuance. Counsel for the Commonwealth of Pennsylvania has been contacted and concurs in the granting of this Motion. WHEREFORE, petitioner prays that this Honorable Court will grant this Motion for Continuance and reschedule the civil appeal hearing of the license suspension after March 18, 2003. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Appellant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID# 41301 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: R. Mark Thomas, Esq. CUMBERLAND COUNTY OFFICE OF THE DISTPaCT ATTOP NE¥ M. L. EBERT, JR. DISTRICT ATTORNEY January 22, 2003 SUMMARY OFFENSE HEARING NOTICE Meghan Elyse Remsnyder 24 West Locust Street Mechanicsburg, PA 17055 RE: Commonwealth v. Meghan Elyse Remsnyder 02-2554 Criminal Charge: Appeal from Summary Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverage Affiant: Ptl. Brian Sunday Dear Ms. Remsnyder: You are hereby notified that the hearing in the above- mentioned case will be held at the Cumberland County Courthouse in Carlisle, pennsylvania, on Tuesday, March 18, 2003, at 9:00 a.m., in Courtroom #2. Bring this letter with you and report to the Fourth Floor of the Courthouse at least fifteen minutes prior to your scheduled hearing time. Any uniformed sheriff on the Fourth Floor can assist you in finding your courtroom. You are required to attend this hearing, or your case will be decided against you. Bring with you all witnesses which you wish to have testify on your behalf. Respectfully, M. h. Ebert, Jr. ,"ii District At torne~/ CC: File Ptl. Brian Sunday R. Mark Thomas, Esquire CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 PHONE: (717) 240-6210 (717) 697-0371 x6210 (717) 532-7286 x6210 FAX: (717) 240-6164 e-maih districtattomey~ccpa.net Exhibit A MEGHAN E. REMSNYDER, a minor, by Maura Jenkins, her Guardian, Petitioner, Ve COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5915 Civil Term Appeal From Suspension of Driver's License AND NOW, this /~ l:irl consideration of the within Motion ORDER day of ., 2003, upon for Continuance, and the court being advised that the Commonwealth of Pennsylvania Department of Transportation does not oppose this motion, the motion is granted and a hearing is scheduled on the ~O-1~ day of · ,2003 at /, g:7~ County Courthouse, Carlisle, Pennsylvania. o'clock in Courtroom No. 5 of the Cumberland Jo Legal Office, Department of Transportation R. Mark Thomas, Esquire Appellant MEGHAN E. REMSNYDER, a minor, by Maura Jenkins, her Guardian, Petitioner, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5915 Civil Term Appeal From Suspension of Driver's License PRAECIPE TO WITHDRAW APPEAl, TO THE PROTHONOTARY: Kindly withdraw the Appeal From Suspension of Driver's License previously filed in the above captioned case. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Appellant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID//41301 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within document on the following via facsimile to 705-1122 and by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: March 20, 2003 R. Mark Thomas, Esq.