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Home My WebLink About07-4207CHELSEA J. PHILLIPS, IN THE COURT OF COMMON PLEAS Petitioner, CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007- qao ~ ~,.~ ~,,,, COMMONWEALTH OF :CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, :APPEAL FROM DRIVER'S LICENSE Respondent. :SUSPENSION PETITION FOR APPEAL Petitioner, Chelsea J. Phillips, by her attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Chelsea J. Phillips, an adult individual residing at 607 Wilshire Blvd., Sinking Springs, Pennsylvania 19608. 2 On June 29, 2007, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of ninety (90) days effective August 3, 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, and a violation of the Petitioner's Constitutional Rights, in that the Petitioner appealed the underlying conviction of underage drinking. 4 Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate where the Petitioner pled guilty to disorderly conduct in the underlying appeal. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Date: July 17, 2007 George B. all r, Jr. Martson D dorff Williams Otto ilroy & Faller Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 29, 2007 CHELSEA JENNIFER PHILLIPS WID ik 07b736117169204 001 607 WILSHIRE BLVD PROCESSING DATE 06/22/2007 SINKING SPRING PA 19608 DRIVER LICENSE * 27995974 DATE OF BIRTH 11/10/1987 Dear MS. PHILLIPS: As a result of your violation on 04/22/2007 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 1532D of the vehicle code. The effective date of suspension is 08103/2007, 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in tfiis letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING .PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you have served all the time on the suspensionirevocation, we cannot restore your driving priv- ilege 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 an or before 08/03/2007. Yau may surrender these items before, 08/03/2007, 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 S10.00. You must present two (2) 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 any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 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 nota- Exhibit "A" 071736117169204 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: 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 .license(s), learner's permitts), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If you do 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 phone numbers are listed at the end of this letter. 3. If you do not return all current driver license pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(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. 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 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. 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. 071736117169204 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 29, 2007, of this letter. Ii` you 1`ile an appeal in the County Court, the Court will give you a time-stamped certified copy oi' 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 OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 08/03/2007. Sincerely, ~~ ~~~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:0.0 a.m. to 6.00 p m IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state as us ^DD-DD 27995974111D87 25.D^ PAY THIS AMOUNT I BY CHECK OR MONEY ORDER PAVAB~E TO: 'PennDOT' 2279959741DDD25DD PHILLIPSJENNIFER DO NOT SEND CASH 6D7 WILSHIRE BLVD SINKING SPRING PA 196D8 ~~ ~` 7 . T - ._..t Cam. ~ -~ ~ ~ s i - T r-, ~ t ` ~ . -,~ } V~ _ ~ °< , ~ JUL ~. ~'~CQ1 ~~ CHELSEA J. PHII.LIPS, IN THE COURT OF COMMON PLEAS Petitioner, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007- y2a 7 (~~Q e..,. COMMONWEALTH OF CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, APPEAL FROM DRIVER'S LICENSE Respondent. SUSPENSION COURT ORDER -r'h AND NOW, this ~ day of , 2007, upon consideration of the foregoing 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 ~_ f~ .m., at which time the issues raised in this Petition will be heard. T~ This Appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on June 29, 2007, and relating to the suspension of Petitioner's license effective August 3, 2007. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriate offices of the Pennsylvania Department of Transportation. cc: ~ge B. Faller, Jr., Esquire ffice of the Chief Counsel of Penn-DOT J >. ~~ ~~ _ _ ~ _ Y ~_.,` ,; __ ~ ;__ ,,,_, ...~' a- ~- ~ l_"' ~-" '- - ~ L ~ ., N ~ F:\F1LES\Clients\12600\12600.Lpral y ~" Created: 9/20/04 0:06PM Revised: 9/27107 9.SOAM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner CHELSEA J. PHILLIPS, IN THE COURT OF COMMON PLEAS Petitioner, :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2007-4207 COMMONWEALTH OF :CIVIL TERM PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, :APPEAL FROM DRIVER' S LICENSE Respondent. :SUSPENSION PRAECIPE The above-referenced appeal is hereby withdrawn as moot since PennDOT has rescinded the suspension. MARTSON LA E By Georg a er, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 27, 2007 Attorneys for Petitioner -,~ CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: George H. Kabusk, Esquire Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street, 3`d Floor Harrisburg, PA 17104-2516 MARTSON LAW OFFICES By: 1 ~ .V l Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 27, 2007 i'^_ ~ C r r: =~ _ r -rte::', { = ~ _ ~ ' ...,.s , -t-, ,:~ - - ; ;'; ~' h ~,~ Y ,: ` ~ . c. ;