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HomeMy WebLinkAbout00-07446 i' "", ".' , ~ ~ ~ ~I - ,.." ~ -'" MARIE FOUTRES, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA NO. tJO- 7'ftf~ tuiJ COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 1S ~ay of 0 J..,. ~cJ ,2000, upon petition of Marie Foutres_, a ~ ,pM / hearing is set on the License Suspension Appeal for the '::!tl... day of 11<1~' ~, at_ !tJ.'ll.ro'clock <v.m., in Courtroom No. L, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania" q:' I I r ' ~ - ",,1.i1~. Notice of said hearing shall be given by Petitioner's counsel to the Department of Transportation at least thirty (30) days prior to the date of said hearing. Pursuant to ~ 1550(b) of the Pennsylvania Motor Vehicle Code, Petitioner's appeal shall act as an automatic supersedeas, and Petitioner's operating privileges shall not be suspended pending a final determination in this matter. BY THE COURT: P J. . 1('\ 00 (, ~~ -1-~) 0 l/ \0 ~\'? Distribution: William T. Tully, Esq., 2233 N. Front St., Harrisburg, P A 17110 Office of Chief Counsel, Bureau of Driver Licensing, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 ~ rO/Jr.(M ~ ~~~~,I~~"1!ll;~W~~0..&~JB.-j;:;.d;:{,;,t~,~"*--,,,~_,~~~~iIlt~Iii'lt_~~1~'rrc""1i'lk:~~lMlIi!Y";"-""""';"'o \;f\NV^lJ"sNN39 JJ.NflOO ON\1lB38\'if() <3 \ :2 ~d 92 1JO 00 ,.,..,,""I!' .n ^\:l\110N(IHl'_~K :;, . "', 3vl~30-Q31d ''-'r'~ ',~,,",~ ,~o,~. "....."..,'".~. ~~'.,. ,_~,. "~"" '0" ""," ,_ ,,1.... ""_'''~'''_'''' .,-"""_,,,,,. < , ~," ","~ , .,. ~'. - <,," , '1]!lj:"'~'1 .'J~ -~ 1 :w~'t "1 ,~I ~'N> ',.k ,_ $!~U8 MARIE FOUTRES, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. txJ- ?1./<fG. ~ I~ COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL LICENSE SUSPENSION APPEAL AND NOW comes Petitioner, Marie Poutres, by and through her attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: 1. Petitioner, Marie Poutres, is an adult individual, residing at 501 St. John's Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, has a mailing address of Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516. 3. By notice letter dated September 25, 2000, Petitioner was advised that her driving privileges are going to be suspended for a period of six (6) months as a result of a suspension authorized under Title 75 ~1532(c), based upon an alleged conviction on September 9, 1999, of Section 113(a)(12) of the Controlled Substance Drug Device and Cosmetic Act. 4. Said suspension is illegal, invalid and improper for some or all of the following reasons: a. Petitioner's conviction does not authorize a suspension of her driving privileges under 1532( c) of the Vehicle Code; and .:::- !i :J ..".,,_..J ~. -~ , ~-11(,_", b. Said suspension is otherwise illegal, invalid, and improper pursuant to statutory and case law. WHEREFORE, Petitioner prays that this Honorable Court grant a supersedeas on the suspension scheduled to be effective October 30, 2000, at 12:00 a.m., and to direct that a hearing on the merits of this appeal be scheduled. Respectfully Submitted, MANCKE, 'Y AGNER, HERSHEY & TULLY Attorneys for Petitioner Date: (\-<:0~ -00 ~ William T. Tully, Esq. 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 LD. #36410 -(l'-~.[, " .~;,,"\~, MARIE FOUTRES, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA v. NO. COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Cynthia C. Steffan, secretary to William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: PA Department of Transportation Bureau of Driver Licensing Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: ~ - cO~ -00 (' ~-t~~. L~<>.~ Cyn a C. Steffan ~ _ L . ' i~~J L',_ llii '"U~'i1ilI~~ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,A. 94904, relating to unsworn falsification to authorities. Date~, ;{ ~ ~ t?O() ~/ ~~ ~~- - ~ , ; I I" " ~ L'+' 'JH ] COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 25, 2000 MARIE FOUTRES 501 ST JOHNS DR WID t 002626117185275 001 PROCESSING DATE 09/18/2000 DRIVER LICENSE t 16355525 DATE OF BIRTH 03/15/1952 CAMP HILL PA 17011 Dear MS. FOUTRES: This is an O~~icial Notice o~ the suspension of your Driving Privilege as authorized by Section 1532C of the Pennsylvania Vehicle Code. As a result of your 07/05/2000 conviction of violating Section 13A12 of the Controlled Substance, Drug, Device and Cosmetic Act, on 09/09/1999: . Your driving privilege is SUSPENDED ~or a period o~ 6 MONTH(S) e~fective 10/30/2000 at 12:01 a.m. Before PennDOT can restore your driving privilege, yoU must follow the instructions in this letter for COMPLYING WITH TH IS SUSPENSION, PAYING THE RESTORA nON FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even i~ you have served all the time on the suspension/revocation, we cannot restore your driving 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) jn your possession on or before 10/30/2000. You may surrender these items before, 10/30/2000, for earlier credit; however, you may 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 9.00. You must present two (2) forms of proper identification (e,g., birth certificate, valid U.S. passport, marriage certi ficate, etc.) in order to obtain your photo identification card. You will not receive credit toward serv:i.ng any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. -=",J~_ . <__ , ,1,& " ., L 002626117185275 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 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's licensees), 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 l57Ha) (4) of the Pennsylvania Vehicle 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. _,__.J ~' " -~':". , . 002626117185275 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension, we will send YOU a letter asking that you provide proof of insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. ...-...' Important: 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 appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, SEPTEMBER 25, 2000. If you file an appeal in the County Court, the Court will give you a time-stamped certified copy 01' the appeal. 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 OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 10/30/2000. 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 IN STATE OUT-Of-STATE TDD IN STATE TDD OUT-Of-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ~-,._'_.._.~...' " -,I' <".;.."c. ',- , , ,"~ ';; -", -..,;;,,; "lie:, MARIE FOUTRES, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LICENSE SUSPENSION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent No. 00-7446 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of January, 2001, upon consideration of the appeal from license suspension in the above-captioned matter, and pursuant to an agreement reached in open court between and among counsel for the Petitioner in the person of William T. Tully, Esquire, counsel for the Commonwealth in the person of George Kabusk, Esquire, and the Petitioner, the appeal in this matter is deemed withdrawn, with the understanding that the Department of Transportation will not reinstate the suspension of the Appellant's/Petitioner's operating privileges until March 1, 2001. By the Court, J. L~~ OJ-S-O I 1<XS William T. Tully, Esquire For the Petitioner George Kabusk, Esquire For the Respondent wcy ~_!~!.l<"~"~_}im3~,,",-'~~~~~WJfu-"'~l~r'J>!iWi~,,*"~iIli"~~3it~ -1ij,:'IlJI' '"'~-- ~".~ ill_h."~~'''", \!\NVti1ASNN3d ,'-' 1~'''^'n:J fJf\\nr('j rN'~;' \':':.:,~;--:'d'\l, i j\ J ! ','~'-' '....' ' .", .'"' t;,-, .\~1 \, i'i. Uv')I,'-'" ~,,,,Of' \ [) u- I,\n c },.cNF~c~"':"'f."',C _..:J',-.-', 1 _:'_' - '~r<;':J-\;:: .:{) .. '" ;,1 r.'