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Home My WebLink About03-1146COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION JENNIFER D. SCHWALM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- PETmON FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVER'S LICENSE TO THE HONORABLE JUDGES OF ~ COURT OF COMMON PLEAS, CUMBERLAND COUNTY: The Petition of Jennifer D. Schwalm respectfully represents: That Petitioner resides at 12 Marilyn Drive, North Middleton Township, Carlisle, Pennsylvania 17013, in this county. That Petitioner currently possesses suspended, canceled or revoked. a valid driver's license which has not heretofore been That on February 12, 2003 Petitioner was notified by the Department of Transportation that her driver's license will be suspended, effective March 26, 2003, for the following reason as set forth in said notice: Driving a motor vehicle with a suspended registration. A copy of said Notice is marked as Exhibit "A" and attached hereto. That said suspension is improper for the following reasons: The underlying conviction of Section 1371 has been set aside and a hearing on the merits has been set by Paula P. Correal, District Justice of Carlisle, Cumberland County on Thursday, April 10, 2003 at 10:30 a.m. A copy of said Notice of Hearing is attached hereto and marked as Exhibit "B". The suspension of Petitioner's license is improper until the case before District Justice Court is completed. If the Petitioner is acquitted of said charges, the license suspension would not take place. The Petitioner, Jennifer D. Schwalm, requests that the Court issue a supersede, as to prohibit the suspension of her license until this case is resolved by the Court. Your Petitioner, therefore, prays that this matter be set down for hearing de novo before Your Honorable Court as provided by 75 Pa. C.S.A. Section 1547 and Section 1550 and 42 Pa. C.S.A. Section 933, and that the order of the Department be set aside. Respectfully submitted, IRWIN, McKNIGHT & HUGItES By: AM~orCr~U~Y/~OrMPc elK~i' 'gh ~r Dl~Schwalm West Pomfret ~dill~ 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 13, 2003 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 19, 2003 JENNIFER DENISE SCHWALM 12 MARILYN DRIVE CARLISLE PA 17013 WID # 030439283991267 001 PROCESSING DATE 02/12/2003 DRIVER LICENSE ~ 22285817 DATE OF BIRTH 06/20/1970 Dear MS. SCHWALM: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 02/11/2003 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 01/117~005: Your driving privilege is SUSPENDED for a period of 3 MONTH(S) effective 03/26/2003 at 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 should follow ALL instructions very carefully. Even lf'you have served all the' tlme on the suspension/revocation, we cannot restore your drivlng privilege until 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 03/26/20.03. You may surrender these items before, 03/26/2005, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY HOT 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 identification card. You will not receive credlt toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 030~$92859912~7 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 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 17106-8695 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 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. 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)(4) of the Pennsylvania Vehicie 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. 050439283991267 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 tlme. This letter w111 11st acceptable documents and what w111 be needed if you do not own a vehlcle 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. APPEAL You have the right to appeaI this action 'to the Court of Common Pleas (Civil Division) within $0 days of the mail date, FEBRUARY 19, 2003, of this letter. Z~ you ~11e an appea[ in the County Court, the Court wt11' glve 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 17104-2516 Remember, this is an' OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 03/26/2003. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 EXHIBIT "B" COMMONWEALTH. OF PENNSYLVANIA COUNTY OF: CUNBERI~ND Mag. Dist. No.: 09-2-01 DJ Name: Hon. PAULA P. CORREAL ^d~re~s: i COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 260-6566 17013-0000 JENNIFER D. SCHWALM 12 MARILYN DR CARLISLE, PA 17013 NOTICE OF TRIAL SUMMARY CASE COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS ~CHWALM, JENNIFER DENISE 12 MARILYNDR CARLISLE, PA 17013 L Docket No.: TR-0000326-03 Date Filed: 1/13/03 _l I5 §1301 S§A DR UNREGIST VEH Charqe(s): This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $ ' has been accepted as collateral for your appearance at trial. Your trial has been scheduled as follows: 154.00 Date: 4/10/03 Time: 11:30 ~ Place: DISTRICT COURT 09-2-01 i COURTHOUSE SQUARE CARLISLE, PA 17013-0000 You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your responsibility to notify your attorney and/or witnesses of this trial date and time. Should you fail to appear for your trial, a warrant may be issued for your arrest. Failure to appear for your trial shall constitute consent to trial in your absence and if you are found guilty, the collateral deposited shall be forfeited and applied toward the fine and costs. You shall have the right to appeal within thirty days for a trial de novo. If you have any questions, please call the above office immediately. My commission expires first Monday of January, 2006. SEAL If you are disabled and require a reasonable accommodation to gain acess to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. DATE PRINTED: 3/03/03 AOPC 611-02 CITATION NUMBER: A9178615-5 DATE CITATION SIGNED: / 1/11/o3 COMMONWEALTH' OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-01 DJ Name: Hon. PAOT.,~ P. A,~dress: 1 COURTHOUSE SQUARE CARLISLE, PA relepho,~e: (717) 240--6564 17013--0000 JENNIFER D. SCHWALM 12 MARIL'YN DR CARLISLE, PA 17013 NOTICE OF TRIAL SUMMARY CASE COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS FSCHWALM, JENNIFER DENISE 12 MARILYN DR CARLISLE, PA 17013 I_ Docket No.: TR-0000327-03 Date Filed: 1/13/03 ..J I5 §1371 SSA VEH REG SUSPENDED Charge(s): This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $ has been accepted as collateral for your appearance at trial. Your trial has been scheduled as follows: 150.00 Date: 4/10/03 Time: 11:30 PM Place: DISTRICT COURT 09-2-01 I COURTHOUSE SQUARE CARLISLE, PA 17013-0000 You have the right to be represented by an attorney. You have the right to have any witnesses present. It is your responsibility to notify your attorney and/or witnesses of this trial date and time. Should you fail to appear for your trial, a warrant may be issued for your arrest. Failure to appear for your trial shaii constitute consent to trial in your absence and if you are found guilty, the collaterai deposited shall be forfeited and applied toward the fine and costs. You shall have the right to appeal within thirty days for a trial de novo. If you have any questions, please call the above office immediately. 3/03/03 Date _(~~,J,r.-(~~4.'~',~ , District Justice My commission expires first Monday of January, 2006. SEAL If you are disabled and require a reasonable accommodation to gain acess to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. DATE PRINTED: 3/03/03 CITATION UMBER: A9178616-6 DATE CITATION SIGNED: 1/11/03 AOPC 611-02 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. / 'J N NII -R SCnWALM Date: March 13 ,2003 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Vo JENNIFER D. SCHWALM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CERTIFICATE OF SERVICE I, Marcus A. McKnight, m, Esquire, hereby certify that a copy of the attached Petition for Appeal From Order of Department of Transportation Suspending Driver's License was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 By: IRWIN, McKNIGHT & HUGHES ~ 'gh{, ' Squi~ (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 13, 2003 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION JENNIFER D. SCHWALM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 2003-1146 PRAECIPE TO WITHDRAW APPEAL TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the Appeal from Order of Department of Transportation Suspending Driver's License. The record has been corrected and the Vehicle Code violation has been rescinded. The hearing scheduled for May 28, 2003, at 1:30 p.m. is therefore unnecessary. Date: April 16, 2003 Respectfully, submitted IRWIN, McI~/~HT & HUGHES By: '~P~~~ ~l;r~s~ ~Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Vo JENNIFER D. SCHWALM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -1146 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the attached Praecipe to Withdraw the Appeal From Order of Department of Transportation Suspending Driver's License was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: George H. Kabusk, Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, Pennsylvania 17104-2516 IRWIN, McKNI~T & HUGHES Marcus A./~M ~~s.~re West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 16, 2003