Loading...
HomeMy WebLinkAbout03-0800J. MICHAEL FARRELL, ESQ. I.D. NO. 33803 718 Arch Street, Ste. 402S Philadelphia, PA 19106 SUSAN MEASE 617 WAYNE DRIVE MECHANICBURG, PA 17055 VS. DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Commonwealth of Pennsylvania Harrisburg, PA 17123 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOB: 05/04/58 18120037 PA PETITION TO APPEAL DRIVER LICENSE SUSPENSION TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioner, Susan Mease, by J. Michael Farrell, Esquire, his attorney, pursuant to 75 Pa.C.S.A. Sec. 1550, hereby appeals the proposed driver license suspension by the Department of Transportation, Bureau of Driver Licensing, Commonwealth of Pennsylvania, effective February 28, 2003, and, in support thereof, states as follows: 1. On January 24, 2003, the Director of the Bureau of Driver Licensing, Department of Transportation, Commonwealth of Pennsylvania, sent official notice to Petitioner that effective February 28, 2003, his driving privileges would be suspended for One Year. See attached hereto a copy of said official Notice as Exhibit "A". 2. The suspension of Petitioner's driver license is unsupported, either in fact or in law. 3. Additionally, the totality of circumstances both in mitigation and in extenuation compel that this Court set aside any suspension of Petitioner's driver license. 4. Economic hardship along with all other extenuating circumstances and mitigating factors compel setting aside the suspension order of Petitioner's driver license. 5. Although Susan Mease was convicted in Magisterial District 09-1-01 on January 13, 2003 of the offense of driving on a suspended license - DUI related, that conviction has been appealed to the Court of Common Pleas of Cumberland County. See a copy of the Notice of Appeal from Summary Criminal Conviction is attached hereto as Exhibit "B". As a result of the filing of a Notice of Appeal, Susan Mease no longer has a conviction o of record. 7. As a result of the appeal, the action of the Commonwealth of Pennsylvania, Department of Transportation is premature. 8. Absent a valid conviction for the offense cited, the Department of Transportation has no authority to suspend the license of Susan Mease until and unless that conviction is affirmed by the County of Cumberland on the de novo appeal. Wherefore, Petitioner requests a hearing de novo forthwith and further requests that this Court set aside the Suspension Order of her drivers license. Respectfully submitted, ICHAEL FARRELL rney for Petitioner Dated: 2/21/03 EXHIBIT A *CoHHONMEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing HaS! Dates JANUARY 2~, 2003 SUSAN L MEAS£ 617 WAYNE DRIVE MECHANZCSgURG PA 1?DSS WID t 030t76527522002 001 PROCESSING DATE 01/17/2003 DRIVER LZ£ENSE ~ 18120037 DATE OF BIRTH OS/Oq/1q58 This is an O~fiolal Notioe of tho Suseension of your Driving Privilege as authorized by Section 15i$ Of the Pennsylvania Vehicle Code. As a result of your 01/15/2005 conviction of violating Section 16~$B of the Vehicle Code DRVNG UNDR ALCHOL REL SUS on · Your driving ;rivilege is SUSPENDED ~or · period YEAR(S) effective 02/28/2003 at 12:01 a.m. Before PennDOT can restore your driving ~rivilege, you must follow the instructions in this letter for COMPLYIN6 THIS SUSPENSION, PAYING THE RESTORATION FEE and pROVIDING PROOF OF INSURANCE. YOU Should fo~lou ALL instructions very oarsfu$lY, Even if you have served all the time on the sus~ens~on/revooetion~ ~e cannot restore your driving ~riviZege until all the requirements ere satisfied. ~ONPLYING N;TH THIS SUSPENSIOH You must return all current Pannsvlvania driverbs licenses~ cards) in your possession on or"before 02/28/2005. You may surrender these items before, 02/28/2005, for earlier credit; houever, you say 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 t~o (2) forms of ore,er identification (e.g., birth certificate, valid U.S. oassvort, marriage certificate~ etc.) in order to obtain your photo identification card. You ~ not reoelve credit to~&~d serving any suspension untiZ ~e receive your ~icense(s). Complete the steps to ecknuvledge th~s suspension. 05017~527522002 all current Pennsylvania driver's licenses, ~ not have an~ OT ~ca~ ~- ed letter stating ¥o. are a.are, ot th~ ,,u ..... privilege. You must specify ~, ~M, of your driving driver's letter why you are unable to return your 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 68695 Harrisburg, PA 17106-8695 2. 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 $ weeks, please contact our office. Otherwise, you wtll 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 of the Pennsylvania Vehicle Code, PAYING THE RESTORATION FEE Y-~u must pay a restoration fee to PennDOT to be restored from pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on th~ application. 2. Hrite your driver's license number (listed on the first page) on the check or money order to ensure proper credit. Follo~ the payment and mailing instructions on the back of the application. 02/20/200~ 12~30 7176Bll?B6 ~ICH~R~ GREE~BERG P~G~ 0~ 030176527522002 PROVIDING PROOF OF IHSURANCE Within the last $0 deys of your suspension/revocation, ~e will send you a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and ~hat will be needed if you do not own a vehicle registered in Pennsylvan/a. ZmDortant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of ................... ypu~. addre_sp..__~c~ap_E~ by cal~ng en~. af t__b~ phone _~.umbers l~sted at the end of th~s lette~. ._ . You have the right to appeal this action to the Court of Common Pleas (C1vil D/vis/on) ~ithin $0 days of the date, JANUARY 2~, 2005, af this letter. 1~ you ~11e en mppeal 2n the county Court, the court w111 give yo~ time-stamped certt~led coPY o~ the appeaZ. In order for your appeal to be v&lid, you must send this time-stamped certified coPY of the appeal by certified mail to: Pennsylvania Deoartment of Transoartat/on Office of Chief Counsel Third Floor, R/verfront Office Center Harrisburg, PA Remember, this is an OFFZCZA~ HOTZCE OF SUSPEHSZON. You must return all current Pennsylvania driver license ~roducts to PennDOT by O2/28/2O05. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-I&LC/TO: Department of Transportation Bureau of Driver L/censing P.O. Box &869~ Harrisburg, PA 1710&-B&93 INFORHATION (7:00 AH TO 9~00 PN) IN STATE 1-800-952-q&00 OUT-OF-STATE 717-$91-&190 TDD [H STATE 1-800-22B-0&7& TDD OUT-OF-STATE 717-391-&191 EXHIBIT B IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Signature', : ~ ,' -~: Name and Address of District Justice: Magisterial District No. 0 )- ~ - ¢ ~ Name and mailing address of officer as shown on citation or complaint ~r¢.7 .~!~;-~.~J.r, :)1323 17011 If sentence includes fine and costs, amount of which paid: $ Typeor amount of bail furnished to District Justice, if any: Name and Address of Attorney: ..' (signature) (print name) District Justice Docket No. Citation No. A770!031-3 (address) Phila~lmlph£a, ?,X Zip 19105 Phd~e:' (215) 935-'l-!O-SAtty:LD.#- ..... 33303- NOTICE TO DEFENDANT: You will be notified of court hearing date by the DistriCt Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. I hereby'certify that an appeal had been filed in the above captioned matter. WHITE - Clerk of Courts GREEN - Affiant's CoDy YELLOW - District lustice CLERK OF COURTS PINK - District Attorney GOLD - Defendant RECEIPT FOR SUMMARY APPEALS Cumberland County - Clerk of Courts Receipt Date 1 Courthouse Square Receipt Time Carlisle, Pa I7013 Receipt No. 1/27/2003 13:38:47 1162108 MEASE SUSAN 617 WAYNE DRIVE MECHANICSBURG, PA 17055 Case Number 2003-00210 Remarks S~Y APPEAL - FARRELL CB Total Paid $*******35.00 PYMT/CHECK No. 14535 Transaction Description SUM. APPEAL FEE AUTOMATION FEE Payment 30.00 5.00 VERIFICATION Susan Mease, being duly sworn according to law, deposes and says that he is the Appellant in the above entitled matter, that he is authorized by law to make this Verification and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. This statement is made subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Susan Mease Dated: 2/21/03 CERTIFICATE OF SERVICE I, J. Michael Farrell, Esquire, hereby certify that on this 21st day of February, 2003, a true and correct copy of the foregoing Petition to Appeal Driver License Suspension has been served upon the Department of Transportation, Bureau of Driver Licensing, Commonwealth of Pennsylvania, by depositing same in the U.S. Mail, postage pre-paid, certified, return receipt requested, addressed as follows: Pennsylvania Dept. Of Transportation Office of Chief Counsel Commonwealth of Pennsylvania Room 103 Transportation and Safety Building Harrisburg, PA 17120 J/~IICH~EL F'A~L ' /Attorney for Petitioner J. MICHAEL FARRELL, ESQ. I.D. NO. 33803 718 Arch Street, Ste. 402S Philadelphia, PA 19106 SUSAN MEASE 617 WAYNE DRIVE MECHANICBURG, PA 17055 VS. DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Commonwealth of Pennsylvania Harrisburg, PA 17123 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOB: 05/04/58 18120037 PA so. oa- ooc FEB 2 7 2003 RULE TO SHOW CAUSE AND NOW, this /~'6~j day of ~'~-~ ,2003, upon consideration of the attached an Amended Petition to Appeal Driver License Suspension, a rule is granted and the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing is directed to show cause why the relief requested herein should not be granted. RULE RETURNABLE this c~g~ Day of ~ ,2003, at Courtroom z// , Cumberland County Courthouse, Carlisle, Pa, at //'/~-Td~ - o'clock. IT IS FURTHER ORDERED AND DECREED that the filing of this Petition shall and does operate as a supersedeas to the suspension of the driver's license of Susan Mease, 18120037 PA, that no suspension, cancellation or revocation shall be imposed upon Susan Mease until final determination of this matter. Jo SUSAN MEASE. Appellant VS. DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-800 CIVIL LICENSE SUSPENSION APPEAL ORDER AND NOW, this ,~'q* day of May, 2003, hearing in the above captioned matter set for May 28, 2003, is continued to Friday, August 29, 2003, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA BY THE COURT, ~J Michael Farrell, Esquire For the Appellant ~/~eorge Kabusk, Esquire For PennDOT :rlm ,eSS, J. J. MICHAEL FARRELL, ESQUIRE ATTY. I.D. NO. 33803 718 ARCH STREET SUITE 402S PHILADELPHIA, PA 19106 (215) 925-1105 ATTORNEY FOR SUSAN MEASE SUSAN MEASE : : V. : : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 03-800 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO WITHDRAW DRIVER LICENSE SUSPENSION APPEAL TO: CLERK OF COURTS Kindly withdraw the driver license suspension appeal in the above captioned matter. J/MICHAEL FARREI~L, ESQ. J~ttomey for Susan Mease Dated: 8/28/03 J. MICHAEL FARRELL, ESQUIRE ATTY. I.D. NO. 33803 718 ARCH STREET SUITE 402S PHILADELPHIA, PA 19106 (215) 925-1105 ATTORNEY FOR SUSAN MEASE SUSAN MEASE : _. V. : _. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION : : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 03-800 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE 1. I hereby certify that on August 28, 2003, a copy of the Praecipe to Withdraw Driver License Suspension Appeal was served via facsimile and First Class Mail, pre-paid postage to: George Kabusk, Esquire Office of Chief Counsel 1101 South Front Street Riverfront Office Center Harrisburg, PA 17104 2. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. ~. MICHAEL FARRELL, ESQ. Date: 8/28/03