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HomeMy WebLinkAbout97-01773 DEPARTMENT OF TRANSPORTATION COMMONWEALHI OF PENNSYLVANIA IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- 1?7.3 Ct'v'J Ti_ JAMIE R. VALENTINE, Appellant PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Appellant,Jamie R. Valentine. by and through her attorney, Gregory Barton Abeln, Esquire. who files the following petition: I. Jamie R. Valentine is an adult individual currently residing at 4340 Brush Lane. Felton, PA 17322. 2. On March 8. 1997, Pennsylvania Depanment of Transponation sent to Appellant a notice of License Suspension. a copy of which is allached hereto and incorporated herein by reference as Exhibit "A". 3. Appellant has a valid pennsylvania operator's license in her possession. 4. The defendant was arrested and charged with Underage Drinking on September 28, 1996. 5. The Appellant has appealed her conviction for underage drinking and is pending a hearing in the Coun of Common Pleas. 6. The Appellant believes that she will prevail in the criminal appeal because the evidence was suppressed by the Cumberland County Coun in a companion case. See ('1I1II1I"lIIlI'eolllr \', Steplre" E, Fllml')', 46 Cumbo 51 (1997). 7. If the criminal appeal is sustained. this civil appeal becomes moot. WHEREFORE, Appellant requests this Honorable Coun to set a time for a hearing on the priority of Appellant's license suspension and immediately Slay the imposition of her license suspension pending the result of said hearing. Date '-I ('-C (s1 Respectfully submitted. ABELN L~~ O~FfES II ,~ !ti~'^"- Gregory Banon Abeln. Esquire ID # 35.960 Attorney for Appellant 37 East Pomfret St. Carlisle. PA 17013 7 I 7/245,285 I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 MARCH 08, 1997 JAMIE R VALENTINE 47 COLLEGE PARK APTS 97042843b0009b5 001 03/01/1997 2422512b 05/09/1977 SHIPPENSBURG PA 17257 Dear MS. VALENTINE: As a result of \lour violation on 09/28/1996 Section 6308 (offenses related to alcohol), privilege is being SUSPENDED for a period of mandated by section 1532D of the vehicle code. of violating your driving 90 DAyeS) as 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 \IOU cannot com- ply 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 privilege. Failure to comply with this notice shall result in this Bu- reau referring this matter to the PennsYlvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is un- der sUspension even if YOU do not surrl!nder your license, Credit will not begin until all current driver's license Productes), the DL16LC Form, or a letter aCknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of SUspension is 04/12/1997, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. r:: ". :>- " c; i;:: ., ". uJ: -- ),":} (y ., . h: .....: .~ ( ,:. <I 2.. . r-' ..... I , \-1"'. " , (;-.\ p'~ .- :.1 i I, .- ... ,. .- J ,: .:r :J ~ r ::; ~ .1..':" ,,") \~" '" ~ ~ ~ ~ (::; .... ~ to- ~ ~ ~ 0<. "-"') - ~ ~~ DEPARTMENT OF TRANSPORT A T[ON COMMONWEALTH OF PA [N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. KELLY L. HELFRICH, CHRISTINE D. SW ANKOSK[, JEFFREY T. WENZEL, KENNETH R. BROWN, DAVID STEINOUR, MA TIHEW GOSSAGE, EDWARD A. HORSTMANN, and JA[ME VALENTINE, Appellants NO. 97-1776 Civil NO. 97-1780 Civil NO, 97-[781 Civil NO. 97-1774 Civil NO. 97-1778 Civil NO. 97-[775 Civil NO. 97-1777 Civil NO. 97-1773 Civil V ORDER OF COURT AND NOW, this J3 day of ~ \).Vl ,[997, upon Motion of counsel for the defendants, and upon the express concurrence by the Commonwealth. the hearings scheduled for June 23, [997, are continued generally. The hearings are to be rclisted at the call of the Commonwealth. ey J. cc: Gregory Barton Abeln, Esquire Pennsylvania Department of Transportation, Office of Chief Counsel ~ ~ 6/19/?1 P- .... C'J ~ !:'l r:-: 1- .. ::- J . _:~ l.uQ .:t 1._) ~ .. 0" )'.. fE~.: u.. . - ~r .? ~:':J c ,- '- en ',:n UJll. .l... .' ; . . '.~ . -' 'Ij.j a:k.. -.. I :.:' ,~~ ~.. f~' -, .... IL r- .--} 0 0'1 () JAMIE R. VALENTINE, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW COMMONWEALTH OF PENNA. DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO. 97-1773 CIVIL PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE. Please mark this license suspension appeal as withdrawn. Respectfully submilled, ABELN LAW OFFICES '\ (' ... ,.1 , -', '-. Jbl..~q /\. Gregory Barton Abeln, Esquire ID #35,960 Allomey for Petitioner 37 East Pomfret Street Carlisle, P A 17013-3313 717/245-2851