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Home My WebLink About03-122203/19/03 WED 10:49 FAX 412 281 2808 Swensen & Peter 0O2 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY SUMMARY CONVICTION SANDRA BENNETT MENGINE, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, Defendant. PETITION FOR APPEAL FROM SUSPENSION OF DRIVING PRIVILEGE UNDER SECTION 1539 AND NOW, comes the Petitioner, Sandra BenneUc Mengine, and files the following Petition for Appeal from Suspension of Driving Privilege Under Section 1539, and states as follows: 1. Petitioner, Sandra Bennett Mengine is an adult Indlvldual with a place of residence at 136 S. Hanover Street, Carlisle, Pennsylvan ia 17013. 2. Defendant is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver's Licensing, with offices at Harrisburg, Pennsylvania 17104. 3. By mall date of February 19, 2003, Petitioner received a suspension letter imposing a suspension of a period of one hundred thirty (130) says as mandated by Section 1539 of vehicle Code pursuant to her violation of Section 3362 (offenses related Exceeding Maximum Speed) arising out of her 03/19/03 WED 10:50 F,~ 412 281 2808 003 J conviction on February 11, 2003. A true and correct copy of that notice is attached hereto as Exhibit "A". The determination by the department has no basis in law or fact and constitutes an abusive discretion. Petitioner appeals this notice and prays that this Honorable court schedules a hearing De Novo. Respectfully Submi~ed, '5~ff]dra Benn~:t Mengin~ ~ ;03/19/03 WED 10:50 FAX 412 281 2808 ~JAN-?-199~ 01:11~ FRO~: SweHseD & PePeP T0:14i22812~0~ ~ 005 P:3x4 cOMMONWEALTH OF PENNSYLVANIA DEPARTHENT OF TRANsPORTATiON Bureau of Driver Licens~n9 FEBRUARY 19~ 2005 13b S MANOVER STREET 0304392~30023S2 001 02/12/E00~ C~RLISL£ PA 17013 22229046 07/~4/1970 Dear No~o.~is~: .......... of the Ve~hicle Code EXCEEDING ~AXIMUN SPEED on ~ PO/ntb have bee~ assigned to YOUr record. Your total eeint accumulation ie 15 Points, Since your POin~ recerd shows an aCCUmulation of Ooints, ~ Sanction of 130 DAY(S) ~ hereby imoased as mandated by-Sect]on 1539 Df the Vehic/e Code. In order to com~I~ with this sanction you are required to return any current driver's ZJcense, lear~er,s temporary driver's license (c- eermit and/Or . · .... o uL/~LC FoPm e .... ''~* ~ou are req - VehScZe Code .... ~aJ(q) ut/on under SE~T~ ,==~. - although t:he Iow mandates that ~our driving Privilege is under suspension even if YOU do not surrender Your license, Ceed~ ~iil not begin unti/ al/ Curren~ driver,s license Product(s), the OLi6LC Form~ or a ietter ack~o~iedg~ng sa~ctio~ 1~ received ~n this Bureau. WHEN TH~ DEPARTHENT RECEIVE5 YOUR L[CENSg OR ACKNOWLEDGEMENT, WE ~ILL SEND YOU A RECeiPT. IF YOU DO NOT RECEIVE TH~S RECEZPT WITHIN 15 DAYS CDNTACT THE DEPARTMENT IMMEDIATELY, OTHERWISE, YO~ ~LL NOT BE GIVEN CREDIT TOWARD SERVING TH~S SANCTION. The effect~-ve date of eu$~ensten le 03/26/2003, 03/19/03 WED 10:51 FAX 412 281 2808 Swensen & Peter ~006 Please see the enclosed a~plicatAon for restoration Fee You will be notified of any outstanding restoration requirements approximately 30 days before the elig~bilit~ follow those instructions very carefully ~ order to have Your dri~ng =r~vlle~e restored. You have the right to aaaea! this action to the Court of Common Ple~ (Civ~ Div~sion) with~fl 30 days of the ma~! date, FEBRUARY 19, 2003, of this letter. Z? ~ou ~lie an your appea! ~o be va/id, ~OU must send ~his time-stamped PenosYlvania DePartment Of Transportation Off,ce of Chief Counsel Third Pleat, R~verfran~ OFfice Center H&rri~burg, PA L7IO~-2~I& SEND FEE/L~CENSE/DL~]&LC~TO: De~ar~ment af TransPortation Bureau of Driver L~censing P.O. Box 68695 Harrisburg, PA 17106-8&9~ $1ncere2y0 Rebecca L. BiCkley, Director Bureau of Dr~vor L~cens~ng ZNFORMATZON (7:00 AM TO 9;0§ PM) IN STATE OUT-OF-STATE 717-~91-6190 TDD IN STATE 1-800-228-D&76 TOD OUT-OF-STATE 717-$91-&191 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 FEBRUARY 19, 2003 SANDRA BENNETT MENGINE 030439283002352 001 136 S HANOVER STREET 02/12/2003 CARLISLE PA 17013 22229046 07/14/1970 Dear Motorist: As a result of Your conviction of violating section 3562 of the Vehicle Code EXCEEDING MAXIHUN SPEED on 02/11/2005, 4 Points have been assigned to your record. Your total Point accumulation is 15 Points. Since Your Point record shows an accumulation of points, a sanction of 130 DAY(S) is hereby imposed as mandated by Section 1539 of the Vehicle Code. 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 you cannot comply with the requirements stated above, You are required to submit a DL1GLC 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 Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) o~-the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Cpedlt will not begin until al/ current driver's license product(s), 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 ls 03/26/2003, 12:01 a.m. 030439283002352 Please see the enclosed applicat/on /nformat/on. for restorat/on fee You W/ll be not/f/ed of any outstand/ng restorat/on requ/rements approx/mately 30 days before the el/g/b/1/ty date of the restorat/on of your dr/v/ng Pr/v/lege. You must follow those /nstruct/ons very carefully /n order to have Your dr/v/ng Pr/v/lege restored. APPEAL You have the right to apPea! th/s act/on to the Court of Common Pleas (C/vi! D/v/s/on) w/thAn 30 days of the ma/! date, FEBRUARY 19, 2003, of th/s letter. Zf YOU ~tle an appeal in the County Cou~t, the Court w111 give You a time-stamped certified copy o~ the appeal. In order for Your appeal to be val/d, You must send this t/me-stamped cert/f/ed copy of the appeal by certified ma/1 to: Pennsylvan/a Department of Transportat/on Off/ce of Chief Counsel Th/rd Floor, R/verfront Off/ce Center Harrisburg, PA 17104-2516 SEND FEE/LICENSE/DL-16LC/TO= Department of Transportat/on Bureau of Dr/vet LScens/ng P.O. Box 68693 Harrisburg, PA 17106-8693 S/ncerely, Rebecca L. B/ckley, D/rector Bureau of Dr/vet Licens/ng INFORNATION (7=00 AH TO 9=00 PN) IN STATE OUT-OF-STATE 1-800-932-4600 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 05/19/03 WED 10:50 FAX 412 281 2808 Swensen & Peter HAR 2 0 2003 1~oo4 THE COURT OF COMMON PLEASE, CUMBERLAND COUNTY SUMMARY CONVICTION Petitioner, COMMONWEALTH OF PENNSYLVANIA, Defendant. ORDER OF COURT_ ~No.ow, ~o ~, t.~ ~ ~v of_~n~~t~ ' 2005, upon petition of ~ndra Benne~ Menglne, a hearing is scheauleO for the~~ dayof ~ ,2003a~ 1-'3~ -- ~. _ In Cou~room ~ _, to determine whether t~e Order of the Depa~m~t of Transpo~tion should be granted; AND IT IS FURTHER ordered ~d decreed THAT THIS Appeal shall act as a supersedeas pending the determination thereof. BY TH~!~ Jo SANDRA BENNETT MENGINE, : IN THE COURT OF COMMON PLEAS OF PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 03-1222 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of June, 2003, upon request of petitioner unopposed by counsel for respondent, the license suspension hearing scheduled this date is continued and rescheduled to Monday, July 28, 2003, at 2:45 a.m., in Number 2, Cumberland Courtroom County Courthouse, Ca~vania. ]~Bgavlev. j.v [ EdgarB. I~ayey, . // / Sandra Bennett Mengine, Pro se 136 S. Hanover Street Carlisle, PA 17013 George Kabusk, Esquire For the Department of Transportation :sal SANDRA BENNETT MENGINE, : Petitioner : : V. : COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING, : Respondent ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1222 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of 3uly, 2003, this matter having been called for a hearing, and the petitioner having withdrawn the appeal, the appeal IS DISMISSED. By Edgar B'. ~ay~y, .~ge H. Kabusk, Esquire For the Department of Transportation c~8~ndra Bennett Mengine, pro se ~~~ 136 South Hanover Street ~ Carlisle, PA 17013 prs