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HomeMy WebLinkAbout01-6032COMMONWEALTH OF PENNSYLVANiA,. DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE JENNIFER L. SIROIS APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANiA NO. ~CML ORDER AND NOW, this __ day of October, 2001, upon consideration of the Appdlant's Notice of Appeal, a heating is set for the ~ day of_~ ~ 200.__, at ~ _ AM/PM, in Courtroom # _ , Cumberland County Courthouse. Jo John A. Aborn, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE JENNIFER L. SIROIS APP~T IN THE COURT OF COMMON PLEAS OF CUMBERLAND: COUNTY, PENNSYLVANIA No. ~ CML NOTICE OF APPEAL OF LICENSE SUSPENSION Appellant, Jennifer L. Sirois, is an adult individual who currently resides at 20 Stephen Rd., Apamnent B7, Camp Hill, Cumberland County, Pennsylvania. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing, is a Commonwealth agency with offices in Harrisburg, Dauphin County Pennsylvania. Your appellant was dried on September 26, 2001, in Wormleysburg, Cumberland County, for allegedly committing a violation of the Vehicle Code. On October 4, 2001, Appellant was convicted of Exceeding the Maximum Speed Limit, pursuant to 75 PaC.S.A. ~ 3362(a)(1). By letter dated October 12, 2001, Appellee notified Appellant that her operating privileges would be suspended for a period of one year beginning on November 16, 2001. A true and correct copy is attached as Exhibit A. Appellant has appealed her October 4, 2001, conviction to the Court of Common Pleas of Cumberland County. Said appeal is docketed at 01-2183 Criminal. A certified copy of the Notice of Appeal of the underlying speeding conviction is attached as Exhibit B WHEREFORE, your appellant respectfully requests this Honorable Court to set a hearing and deny the Commonwealth's request that his license be suspended. Date: October,S_, 2001 Respectfully submitted, Attorney I.D.//77961 8 South Hanover St. Suite 204 Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICe. I, John A. Abom, hereby certify that I served a copy of the within Notice of Appeal upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Depaxi~iient of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Dated: Exhibit B COHNONNEALTH OF PENNSYLVANIA DEPARTNENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17125 OCTOBER 12, 2001 JENNIFER L SIROIS 20 STEPHEN RD APT B7 CAMP HILL PA 17011 012789283327034 10/05/2001 24226000 06/01/1977 001 Dear Hotorist: As a result of your conviction of violating section 5562 of the Vehicle Code EXCEEDING HAXINUH SPEED on 10/0~/2001, q 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 $65 DAY(S) is hereby imposed as man- dated by Section 1559 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 DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. 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) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DLi&LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTNENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- HENT, 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 e~ecttve date of suspension ts 11/1&/2001, 12:01 a.m. Please See the formation, enclosed application for restoration fee You Will be notified of any out'standing qUirements approximately $0 days before the of the restoration of YOur driving privil:est°rati°n re- follow those inStructio eligibility date reD. er to have You have the ri~h~ to aPPeal this action Common Pleas (C~v~l D' ' ,.OCTOOE, -ithin 30 the Court of appeal to be u=;;. uu¥ o? the appeal .~-ye you m ttme- ~ou must send this ~ rot Your ---~u, .... an Orde- fled copy of the aPPeal by certified mail to: . time-stamPed certi~ PennsYlvania Department of TransPortation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 1710~-2516 SEND FEE/LZCENSE/DL-16LC/To. Department of Transportatio~ BUreau of DriVer Licensing P.O. Box 68693 Harrisburg, PA 1720&-8693 SinCerely~ Rebecca L. Bickley, Director BUreau of Driver Licensing TNFOF~HA TZON IN STATE OUT'OF-STATE TDD IN STATE TDD OUT-OF-STATE AH TO 9~00 1'800-932-~600 717-$91-6190 1-800-228-0676 717-391-6291 Exhibit A  IN THE COURT OF COMMON PLEAs, ,. Sum, nan/Cri.ninal Conviction .................. ?~.~....z...,.........~,'~, ~ o,,,~....~/...~.~,...~~---~_ ................... ~ ~(~-~,j ,') '~ ................................... esu.g ~u.~o, ,'~ ............... ~ ............ ~.~ ,¢oT'8:~ ,,y oo~., .o IL]..~.-~ .~ _ c.~ .~ ........ '"'""r ......... .,: ....... . .... ........... ~'?--..~..~ ~.e:.... ........ O,,o.,,,o ........................ / .......................... ~,p Z...~..// ......... ~..~....~..~ ~ _ ............................... . .............. ~......~.... :"'""~.~t..'z/..~/. ......................... '~'-.<.~ ................... [ "" ])~ ................. O~lense~.~) of Which col1¥ croci ............................................................................................................. . .......... ~ ............................... ' ............... ~'""'"'"<'"'~'~ ~:'2~) '" ......................... ~(........~~- .................. Name and address of issuing author ly' ...... ~.~...~.....~ ~- _ ........ ~..~,~.,........~.~...~ ....................... . .... o~....~./.....~. ,~ i'~;';'"" ~o,,e -....~.....t....--..~..~ .... ' .................... NOTICE TO DEFENDANT: If YOur appeal is from a motor vehicle conviction Other than P~rking, have the Clerk of COurts c~jfy th)S ~Opy and flail to the following address: ~:~ ~e_nn. Dept. of Tm ' PO Box 600:l7 mn,,~l:x~t'~l~ll .~ Harrisburg, PA, 17106 '! ~g ~' ~ ~ereby certify that an aPPeal has been filed in the above Captioned matter. A TRUE COPy FR In Testimony w~_ . OM RECORD J 'ure°t, lhereunlosetmyhand an~l the seal of said Oourt at Carlisle T~"-J~d ~o, FFJ~;L'~.a:'s CL~K OF~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPELLEE Vo JENNIFER L. SIROIS APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND: COUNTY, PENNSYLVANIA No. 01-6032 CML Praecipie to Discontinue An now comes the Appellant, by and through her attorneys, Abom& Kutulakis, LLP, who respectfully requests that the above-captioned action be discontinued. Date: February 4, 2002 Respectfully submitted, ~A ~o° ~ :~ ~.°~ .~ e¢9P6Plellant 8 South Hanover St. Suite 204 Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICI~. I, John A. Aborn, hereby certi~ a copy of the within Notice of Appeal upon the Appellee, by/~Z.g a copy of sa~d Notice by certified marl addressed as follows: / Pennsy~aMa Department of Transportation _Of_tic_ge/ of Chief Counsel Thi/e'd Floor, Riverfront Office Center }~sburg, PA 17104-2S16 Dated: ~/tJ/O ~.._