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Home My WebLink About07-2872y r . ABIGAIL M. SWITZER, Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007- ~8"Z a- CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL Petitioner, Abigail M. Switzer, by her attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Abigail M. Switzer, an adult individual residing at 42 Constitution Court, Chesterbrook, Pennsylvania 19087. 2 On April 2S, 2007, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of one year effective August 28, 2007. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A". 3 The Order suspending Petitioner's license as set forth on Exhibit A is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Date: May 14, 2007 Hubert X. Gilroy squire Martson Dear rff Williams Otto Gilroy & Faller Attorney for etitioner C`+ ~ ~ ~c' ~ tom' " ~ G Ss -... ~c "~ ~'`' r. _~ c~ _~ ~- ~„ -{ ~_ _.__ -;-r l~TS ,= ~~~,, ~, ~ ---~ --.~ t~ ^G .~.~.' p ~-~r t' S FILE No.194 04130 '07 08 58 ID~DA1/IS TRACHTENBERG FAX~484 386 6070 PAGE 5i 8 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensin4 Mail Date: APRIL 25, 2807 ABIGAIL M SWITZER WID ~ 0710861374b7119 041 42 CONSTITUTION CT PROCESSIN& DATE 04/18/cn007 DRIVER LICENSE ~ ~'82~4077 CHESTERBROOK PA I9087 DATE OF BIRTH 07/14/19Sd Dear MS. SWITZER: As a result of your violation on 02/23/2007 of violating Section 6308 caffenses related to alcohol), your driving privilege is being SUSPENDED for a period of 1 YEAR(5) as mandated by section 1532D of the vehicle code. The effective date of suspension is 08~2a12007, 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your retard. COMPLY„ NG WITH TH S SUSPEN „QN You must return all current Pennsylvania driver'a licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 05130/2807. You may surrender these items before. 85/30/2007. for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUa IiRIVER'S LICENSE FOR IpENTYFxCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of X10.00. You must present two t2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving a11y suspension until we receive your lieense(s~. Complete the following steps to acknowledge this suspension. 1. Return ail 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 nota- rized 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: Yvu may not retain your driver's license for identification purposes. Please send these items ta: EXHIBIT • FILE No.194 04130 '07 08 59 071086137467119 iD~DAVIS TRACHTENBERG FAX~484 386 60?0 PAGE 6i 8 Pennsylvania Aepartment of Transportation Bureau of Ariver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, reviere and acceptance of your Pennsylvania driver's .license(s), learner's permit(s)- and/or a sworn notarized letter, PennUOT will send you a receipt c~n- firming the date that credit began. If you da not re- ceive a receipt from us within 3 weeks, please contact our office. Otherwise, you will not be given credit toward serving this suspension. PennDOT Rhone numbers are listed at the end of this letter. 3. If you do not return all current driver license pro- ducts, ae must refer this matter to the Pennsylvania State Polite for prosecution under SECTION 1571(a)t4) of the Pennsylvania Vehicle Code. PROVIDING P~tt)OF OF INSUi~,gNCE Within the last 30 days of your suspsnsiantrevocation, we will send you a letter asking that you provide praaf of in- surance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania. YMPORTANiT: Please make sure that PennD07 is notified if you move from your current address. You may notify PennC)OT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You hays the right to appeal this action to the Court of Common Pleas tCivil pivision) within 30 days of the mail date, APRIL 25, 2007, of this letter. If you tl.Ze at1 appeal in the County Court, the court will give you a time stamped oartified copy o'F 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 pepartment of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17]04-2516 Remember, this is an OFFICIAL NOTICE OF SUSPRNSZON. You must return all current Pennsylvania driver license products to PennpOT by 05/30/2007. FILE No.194 04i3Q '07 08 59 0710861374b71i9 ID~DAIIIS TRACHTENBERG FAX~484 386 6070 PAGE 7~ 8 Sincerely, • .-- ~ ~ j (~~ Janet i.. Dolan, Director Bureau of Driver Licensing I~FQ MATION 8:00 a.-n. to 6:00 o.m. IN STATE 1-800-432-4600 TDD IN STATE 1-800-228-Ob76 QUT-OF-STATE 717-412-5300 TUA OUT~aF-STATE 717-4I2~5380 WES SITE ADDRESS www.dmv.state.as.us ' FILE No.194 04130 '07 08 59 ID~DAIIIS TRACHTENBERG FAX~484 386 6070 PAGE 8i 8 0 z 0 ~ ~~ m z v b N 2 ~tim fR M Nn41 ipA~ T''1~1-1 Y ~~!'" fU ~ O -1 ~ CCN -C 7t-i~ ~} NH ~ ~ 'A 1~1 ~ 7dr1Sp f7 ~ i r` ~ ~ o a ~ a ;~ ti D ~`-; -G 4 rn ~ a ~~~ ~ i ~~'o a° ~~~~ ~. N I ~ O -,.1 -J A -r1 I ~ ru u, 0 a .'~::~ ~.r` ` `d ',"`~ o t_£ ~ -,rt " ~' ~ __ .. ~, , r_- _ ~ ;t, ~ .l~~ ~"{ - ~_, ~, ~~~~X 1 q ~ ABIGAIL M. SWITZER, Petitioner vs. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007- 2'-~ ~ a CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER AND NOW, this -~ day of May, 2007, upon consideration of the fore oin g g Petition For Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the suspension of her operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. ~ of the Cumberland County Courthouse on the ~ day of , 2007 at ~ dv ~ .m. at which time the issues raised in this Petition will be heard. This Appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on April 25, 2007 and relating to the suspension of Petitioner's license effective May 28, 2007. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriate offices of the Pennsylvania Cc: ubert X. Gilroy, Esquire f~ffice of the Chief Counsel of Penn-DOT B THE T, Judge Transportation. J 3 ,~ ,~, ~ ~`i ~ ~ , , ~ ~~-~ ~t`ryy 4' ~ ~ i ~ ,~>S3 V ~ i': i'v'6~ ~Ll~C, ABIGAIL M. SWITZER, Petitioner vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-2872 :CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER ~1 AND NOW this d~ ~ day of July, 2007, upon request for the attorney for the Petitioner and it being represented to the Court that legal counsel for the Pennsylvania Department of Transportation concurs, the hearing scheduled in the above matter for July 27, 2007, at 9:00 a.m., is cancelled. The Petition for Appeal is deemed to be withdrawn by the Petitioner. cc: ~ubert X. Gilroy, Esquire Mice of the Chief Counsel of PennDOT AI~TSON DEARDQRFF ILLIAMS aJTTO ~.xILRC)Y~ ~ ~`ALI~ER. 1VIARTSON LAW OFFICES WILLIAM F. MARTSON JOHN B. FOWLER III DANIEL K. DEARDORFF THOMAS J. WII.LIAM$* No V. OTro III HUBERT X. GILROY GEORGE $. FALLF.It JR.* DAVID A. FITZSIMONS CHRISTOPHER E. RICE JENNIFER L. SPEARS SETH T. MOSEBEY 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET wwwmartsonlawcom July 18, 2007 The Honorable Edgar B. Bayley President Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 "BOARD CERTIPIED CML TRIAL SPECIALIST RE: Abigail Switzer v. Pennsylvania Department of Transportation No. 2007-2872 -Cumberland County C.C.P. Our File No. 12554 Dear Judge Bayley: There is a hearing scheduled before you next Friday, July 27, 2007, at 9:00 a.m. in the above- referencedmatter. This is an appeal from a driver's license suspension notice. George Kabusk and I have worked matters out and the hearing maybe cancelled. Enclosed is a copy of an Order cancelling the hearing and indicating that the Petition for Appeal has been withdrawn. Ver;~ traly yours, MART LAW OFFICES ert X. Gilroy HXG/mas Enclosure cc: George H. Kabusk, Esquire (w/ enc.) Ms. Abigail Switzer F:\F[LESV 2554\12554.1 judge) INFORMATION • ADVICE • ADVOCACY sM