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Home My WebLink About97-01776 ~ ~ . ~ ~ . ~ .. ~ ..... '" ~ :J ~ ~ ';l o ~ f ~ ... ;:f+r:; " ~. 1?A";"'c" ~) ylfS~'::) '.....;.'.'. 'h: ';, -c + -. ":' . t--- 0'"' ~/ DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYl.V ANIA IN TilE COURT OF COMMON PLEAS CUMBERl.AND COUNTY, I'ENNSYLVANIA v. NO. 17- /77&' (!~L KELLY L. HELFRICH, Appellant ORDER OF COURT :u. ,'\ ~\ AND NOW, this 1C day of Jirh~l.u ,199~, upon presentation and consideration of the within Petition For Appeal From License Suspension, a hearing is set for the 13.: ~ay of It' 'r.\ . I 99l, at ,~. ,I ,'O) o'clock {..,m. in Courtroom No. -2. of the Cumberland County Courthouse. FURTHERMORE. the motor vehicle license suspension in this case is stayed pending the disposition of this appeal hearing. /;[ // ~lheCourt" / 'I r ,( .~ r,{/"....... - J. ) cc: Gregory Barton Abeln. Esquire Pennsylvania Department of Transportation, omce of Chief Counsel c..e. ~h':"'U [rtt..(u-'lr ,l 'I / ~ ~,/11 '" ..~,)' . r~: . f " '~'~;.r ':-,~:'-': ~ ., "','r-"" ~ : I , I , i '1 I r,7,.,:, -: i ~',': (12 , I I,"" I':. ~ . "c... " \ I I- v. IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 ,}- I ') ? (, G,J 0v-.. DEPARTMENT OF TRANSPORTATION COMMONWEAI.T11 OF PENNSYLVANIA KELLY I..IIEI.FRICII, Appellanl PETITION FOR APPEAL OF I.ICENSE SUSPENSION AND NOW. comes Appellanl, Kelly I.. Helfrich. by and through her attorney, Gregory Barton Abeln, Esquire, who files Ihe following petition: I. Kelly I.. Helfrich is an adull individual currently residing at 1030 Miriam Drive, Emmaus, PA 18049. 2. On March 18, 1997. Pennsylvania Department ofTransportalion sent to Appellant a notice ofl.icense Suspension. a copy of which is allached herelo and incorporaled herein by reference as Exhibit "A". 3. Appellant has a valid Pennsylvania operator's license in her possession. 4. The Appellant has appealed her conviction for underage drinking on March 6. 1997, and is pending a hearing in the court of common pleas on the criminal summary appeal. 5. The Appellant believes that she wiil prevail in the criminal appeal because Ihe evidence was suppressed by the Cumberland County Court in a companion case. See COIIIIIIOllll-ea111r \'. SI"plr"" E, FOrl/l'Y, 46 Cumbo 51 (1997). 6. If the criminal appeal is sustained, Ihis civil appeal becomes moot. WHEREFORE, Appellant requests this I lonorable Court to set atime for a hearing on Ihe priority of Appellanl's license suspension and immediately stay the imposition of her license suspension pending the resull of said hearing. Respectfully submilled, Date~ ABELN LA W ~FKICE~ >:J 0 c.. ,-'OJG", Gregory Barton Abeln, Esquire ID # 35,960 Attorney for Appellant 37 Easl Pomfrel St. Carlisle, PA 17013 717/245,285 I COHHONWEALTH OF PENNSYLVANIA DEPARTHENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 HARCH 25, 1997 KELLY LYN HELFRICH 1030 MIRIAM DRIVE 97077bl1~OS~323 001 03/18/1997 2~01b770 10/07l197b EMMAUS PA 180~9 Dear HS. HELFRICH: As a result of your violation on 09/28/1996 Section 6308 C offenses related to alcohol), privilege is being SUSPENDED for a period of mandated by section 15320 of the vehicle code. of Violating your driving 90 DAYCS) 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 Ccamera card) in your possession no later than the effective date listed. If yOU 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 1571Ca)C4) of the Vehicle Code. Although the lau mandates that ~o~r drivIng privIlege is un- der suspension even if YOU do not surrender your license, credit will not begin until all current driver's license productcs), the DL16LC Form, or a letter aCknowledging your sanction is received in this Bureau. WHEN THE DEPARTHENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEHENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTHENT IHHEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 04/29/1997, 12101 a.m. Please see the enclosed appl~cation for restoration fee in- formation. Exhibit "A" 970716114054323 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 (MARCH 25, 1997) of this notice. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. 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 Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TOI Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7100 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9100 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 DEPARTMENT OF TRANSPORTATION COMMONWEALTII OF PENNSYLVANIA IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. KELLY L. HELFRICII. Appellant CERTIFICATE OF SERVICE I hereby certify Ihal on Ihis dale a lrue and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requesled: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Room 103 Tmnsportalion and Safety Building lIarrisburg, PA 17120 Respeclfully submitted, Date 1/.7':i7 ABELN LAW OEFI~~ t;.'. J( . /7 :ii.l,.ta, i.l. {. 'dJ Melissa S. lIeckard' Legal Assistant 37 East Pomfret SI. Carlisle. PA 17013 717/245.2851 ~ r ~ - ()' ~ -- ~ V, Lf; - 1.-; -..::)... ., ,... .. ,l...- ~ l\J~'" ..- "". (](.,., '--;.# ~Q ." ;. . J:0 l" 'i' - . ~.... "1 ..< .;.) q( ro' (:1 ::;,~ (.\: . \;1'", I " .,'" (' ~tl (i:. cl F' t',. e... ~ ~ ., ", r '.' \,..' .:r u - DEPARTMENT OF TRANSPORTATION COMMONWEALTII OF PA IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY.PA v. KELLY L. IIELFRICII. CIIRISTINE D. SWAN KOSKI. JEFFREY T. WENZEL, KENNETII R. BROWN, DAVID STElNOUR, MATlllEW GOSSAGE, EDWARD A. HORSTMANN, and JAIME VALENTINE, Appellants NO. 97-1776 Civil V NO. 97-1780 Civil NO. 97-1781 Civil NO. 97-1774 Civil NO. 97-1778 Civil NO. 97-1775 Civil NO. 97-1777 Civil NO. 97-1773 Civil ORDER OF COURT AND NOW, this J5 day of ~ \.M..P . 1997. upon Motion of counsel for the defendants. and upon the express concurrence by the Commonwealth, the hearings scheduled for June 23. 1997. are continued generally. The hearings are to be relisted at the call of the Commonwealth. - J. cc: Gregory Barton Abeln, Esquire Pennsylvania Department of Transportation. Office of Chief Counsel ~ ~ 611'i(~7 ~..-.