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HomeMy WebLinkAbout07-5028JOHN J. MANGAN, ESQUIRE BAYLEY & MANGAN 17 WEST SOUTH PTTT STREET CARLISLE PA 17013 (717)241-2446 ATTORNEY ID NO. 87000 ATTORNEY FOR APPELLANT ADELA HRNJIC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Adela Hrnjic, by and through her attorney, John J. Mangan, Esquire, and respectfully avers the following: 1. Appellant resides at 16 Sussex Drive, Carlisle, PA 17013. 2. Appellant received two Notices mailed August 2, 2007, stating that as a result of her alleged violation of (1) Section 3345A of the Pennsylvania Vehicle Code, Passing a School Bus, on 5/17/2007, her driving privilege is being suspended for a period of 60 days, effective September 6, 2007, at 12:01 a.m. (a copy is attached hereto as Exhibit "A") and (2) Section 3112A3I of the Pennsylvania Vehicle Code on 5/17/2007, three (3) points are being assigned to her driving record (a copy is attached hereto as Exhibit "B") which brings her total points to six or more and she must take a special written examinations and pass it in order to have two of these points removed. 3. Suspension is improper in that Appellant was convicted in abstentia for alleged violations of the Pennsylvania Vehicle Code. Appellant avers that she was assigned points to her Pennsylvania license that were improper and that Appellant is appealing both convictions, one of which carries a mandatory license suspension. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on.the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Date: ~ 2 Respectfully submitted, BAYLEY & MANGAN Jo angan, III, Es ire 17 est South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87000 Attorney for Appellant ADELA HRNJIC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 : LICENSE SUSPENSION APPEAL ATTORNEY VERIFICATION John J. Mangan, Esquire, states that he is the attorney for Adela Hrnjic, Appellant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~-b a- /~~ [angan, Esquire for Appellant / ADELA HRNJIC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, John J. Mangan, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Notice of Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Dated: Z COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 02, 2007 ADELA HRNJIC WID ~ 072079283668889 001 16 SUSSEX DRIVE PROCESSING DATE 07/26/2007 DRIVER LICENSE ~ 28063747 CARLISLE PA 17013 DATE OF BIRTH 01/23/1988 Dear MS. HRNJIC: This is an Officiol Notice of the Suspension of your Driving Privilege as authorized by Sections 1535 and 1539 of the Pennsylvania Vehicle Code. As a result of your 07/25/2007 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 05/17/2007: ^ Your driving privilege is SUSPENDED for a period of 60 days effective 09/06/2007 at 12:01 a.m. for passing a school bus. ^ PennDOT is required by law to assign 5 points to your driving record. The. total point accumulation on your driving record is 11 points. Section 1539 of the Vehicle Code mandates a 55 DAY(S) suspension for accumulating 11 or .more points on your driving record. These two suspensions will run consecutively starting 09/06/2007 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must ,follow the .instructions in this 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 aii the time on the suspensionirevocation, we cannot restore your driving privilege until ail 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 on or before 09/06/2007. You may surrender these items before, 09/06/2007, 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 L X,~1 ~ 17- ' ~~ '' 072079283668889 of X10.00. You must present two (2) forms of proper identification (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 andlor camera cards to t'ennDOT. 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 license(s), 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 1571(a)(4) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FfE 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. 0720792836b8889 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 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, AUGUST 02, _2007, of this letter. IT you file en appeal in the County Court, the Court will give you a time-stamped certified copy of 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 0.9/06/2007.- Sincerely, ~~ ~~~ Janet L. Dolan, Director Bureau of Driver ,Licensing .INFORMATION 8:00 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.aa.us COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 02, 2007 ADELA HRNJIC WID t 072079283668877 OOb 16 SUSSEX DRIVE PROCESSING DATE 07/26/2007 DRIVER LICENSE ~ 28063747 CARLISLE PA 17013 DATE OF BIRTH Ob/23/b988 Dear MS. HRNJIC: Because of your violation of Section 3112A3I of the Pennsylvania Vehicle Code on 05/17/2007, and conviction on 07/25/2007,.3 points have been assigned to your driving re- cord. This conviction brings the total number of points currently on your record to six or more. You are required to take and pass a special written examination within thirty (30) days of the mail date of this letter or your license will be suspended. No extensions will be granted. After passing the examination two (2) points will be removed from your record, if you pass within the 30 days. If you do not pass the examination on your first try, you may take it again, but not on the same day. A more complete explanation of the examination requirement plus a study guide is in- cluded in the Handbook which accompanies this letter. This. examination may be taken by appointment only. When you are ready to take the special point examination, you can schedule your written special points test via the Internet at www.state.pa.us, PA Keyword: "Drivers Test." If you do not have access to the Internet you can schedule your special point examination by calling 1-800-423-5542. To be admitted to take the examination, You must show this letter and your valid driver's license or other ac- ceptable identification as described in the Handbook. If you show up at your examination location without these items, or at a different time than your appointment, you will not be admitted to take the examination. L X ~-~l~ l Z- " ~ `' C") v ,~- ~ tJ _ - -v `7l /~ ~ T ~ ~ 4 r P-f ~ -.?' ~ , ~ ~ ~ ~ _ _ , ~ ~ ~ ~ ~ a .~ :< ADELA HRNJIC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER. LICENSING, Appellee.. IN THE COURT'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-I35-2007 LICENSE SUSPENSION APPEAL ' 07. 5Od$ Civil Term ORDER OF COURT AND NOW, this day of , 2007, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR' S PRIVILEGE,. it is Ordered that a hearing on the matter shall be held on the day of , 2007, at o'clock _ m. in Courtroom No. of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550 (b) (1) until such time that this Honorable Court resolves -this appeal. By the Court: J. Distribution: PA Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 BAYLEY & MANGAN , 17 W. South St., Carlisle, PA 17013 John J. Mangan, Esquire JOHN J. MANGAN, ESQiJIRE BAYLEY & MANGAN 17 WEST SOUTH PITT STREET CARLISLE PA 17013 (717)241-2446 ATTORNEY ID NO. 87000 ATTORNEY FOR APPELLANT ADELA HRNJiC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135--2007 LICENSE SUSPENSION APPEAL c' ~ ~ -n c- - - c -~ '` -n i~,; r=- , n.: -~- rn N _ ) ' r : c - - ,_ . ~'_ , ~ ~; ;~ ~:, _~. -_ ~; -~ APPEAL FROM SUSPENSION OF OPERATOR' S PRIVII,EGE AND NOW comes the Appellant, Adela Hmjic, by and through her attorney, John J. Mangan, Esquire, and respectfully avers the following: 1. Appellant resides at 1.6 Sussex Drive, Cazlisle; PA 17013. 2. Appellant received two Notices mailed August 2, 2007, stating that as a result of her alleged violation of (1) Section 3345A of the Pennsylvania Vehicle Code, Passing a School Bus, on 5/17/2007, her driving privilege is being suspended for a period of 60 days, effective September 6, 2007, at 12:01 a.m. (a copy is attached hereto as Exhibit.."A") and (2) Section 3112A3I of the Pennsylvania Vehicle Code on 5/17/2007, three (3) points aze being assigned to her driving record (a copy is attached hereto as Exhibit "B") which brings her total points to six or more and she must take a special written examinations and pass it in order to have two of these points removed. 3. Suspension is improper in that Appellant was convicted. in abstentia for alleged violations of the Pennsylvania Vehicle Code. Appellant avers that she was assigned points to her Pennsylvania license that were improper and that Appellant is appealing both convictions, one of which carries a mandatory license suspension. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on. the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Date: ~ 2~_~ Respectfully submitted, BAYLEY & MANGAN Jo angan, III, Es ire 17 ' est South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87000 Attorney for Appellant ADELA HRNJIC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 LICENSE SUSPENSION APPEAL ATTORNEY VERIFICATION John J. Mangan,"Esquire, states that he is the attorney for Adela Hrnjic, Appellant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that.this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~-b a- (~~ John J. ~angan, Esquire orne for Appellant / ADELA HRNJIC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, John J. Mangan, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Notice of Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center,. Harrisburg, PA 17104-2516 Dated: Z COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 02, 2007 ADELA HRNJI.C WID * 072079283668889 001 16 SUSSEX DRIVE PROCESSING DATE 07/26/2007 DRIVER LICENSE * 28063747 CARLISLE PA 170b3 DATE OF BIRTH 01./23/1988 Dear MS. HRNJIC: This is an Official Notice oi' the Suspension of your Driving Privilege as authorized by Sections 1535 and- 1539 of the Pennsylvania Vehicle Code. As a result of your 07/25/2007 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS,. on 05/17/2007: ^ Your driving privilege is SUSPENDED .for a period of 60 days effective 09/062007 at 12:01 a.m.-for passing a school bus. ^ PennDOT is required by law to assign 5 points to your driving record. The total point accumulation on your driving record is 11 points. Section 1539 of the Vehicle Code mandates a 55 DAY(S) suspension for accumulating 11 or .more points on your driving record. These two suspensions will run consecutively starting 09/06/2007 at 12:Ol~a.m. Before PennDOT can restore your driving privilege, you must ,follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION-FEE and PROVIDING PROOF OF INSURANCE°. You should follos~t ALL instructions very carefully. Even -if you have served ail the time on 'the suspensionirevocation, 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) in your possession on or before 09/06/2007. You may surrender these items- before, 09/06/2007,- 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 L ~~1 ~ 17- "~ ,, 072079283668889 of 510.00. You must present two (2) forms of proper identification (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 an~lor camera cards to fennDOT. 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 license(s), learner's permit(s), and/or a sworn notarized letter, PennDOT will send you areceipt 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 al.l current driver license products, we must refer this matter to the Pennsylvania State Pol-ice for prosecution under SECTION 1571(a)i4) of the Pennsylvania Vehicle Cod-e. 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. 0720792836.68889 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 insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in P:ennsylva~ia. 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, AUGUST 02,-20.07, of this letter. If you Tile an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order far 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 09/06/2007.. Sincerely, ~~e Janet L. Dolan, Director Bureau of Driver~Licensing INFORMATION 8:00 a.m. to 6:00 a m. IN STATE 1-800-932-4600 TDD INSTATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE.ADDRESS www.dmv.state.aa.us COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 02, 2007 ADELA HRNJIC ~ WID ~ 072079283668877 001 16 SUSSEX DRIVE PROCESSING DATE 07/26/2007 DRIVER LICENSE t 28063747 CARLISLE PA 17013 DATE OF BIRTH 01/23/1988 Dear MS. HRNJIC: Because of your violation of Section 3112A3I of the Pennsylvania Vehicle Code on 05/17/2007, and conviction on 07/25/2007, 3 points have been assigned to your driving re- cord. This conviction brings the total. number of points currently on your:. record to six or more.. You are required to take and pass~a,special written examination within thirty (30) days of the mail date of this letter or your license will be suspended. No extensions will be granted. After passing the examination two (2) points will 'be removed from your record, if you pass within the 30 days. If you do .not pass the examination on your first try, you may take it again, but not on the same day. A more complete explanation of the examination requirement plus a study guide is in- cluded in the Handbook which accompanies this letter. This examination may be taken by appointment only. When you are. ready to take- the special point examination, you can schedule your written special points test via the Internet at www.state.pa.us, PA Keyword: "Drivers Test." If you do not have access to the Internet you can schedule your special point examination by calling 1-800-423-5542. To be admitted to take the examination, you must show this letter and your valid driver's license or other ac- ceptable identification as described in. the Handbook. If you show up at your examination location without these items, or at a different time than your. appointment, you will not be admitted to take the examination. X ~-~ l,(3 ~ r „ ~ ,, JOHN J. MANGAN, ESQUIRE BAYLEY & MANGAN 17 WEST SOUTH PITT STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87000 ATTORNEY FOR APPELLANT ADELA HRNJiC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 LICENSE SUSPENSION APPEAL c? ~ o -~, -~ ~= -n .- ~ -~;~; r`) L.1 N <~-, . - -~~ -,= =~-=ry ` ~- a ,-_ ~..? ;.~ r-~ r~,> ~~ :: ~ APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Adela Hrnjic, by and through her attorney, John J. Mangan, Esquire, and respectfully avers the following: 1. Appellant resides at 1.6 Sussex Drive, Carlisle, PA 17013. 2. Appellant received two Notices mailed August 2, 2007, stating that as a result of her alleged violation of (1) Section 3345A of the Pennsylvania Vehicle Cade, Passing a School Bus, on 5/17/2007, her driving privilege is being suspended for a period of 60 days, effective September 6, 2007, at 12:01 a.m. (a copy is attached hereto as Exhibit "A") and (2) Section 3112A3I of the Pennsylvania Vehicle Code on 5/17/2007, three (3) points are being assigned to her driving record (a copy is attached hereto as Exhibit "B") which brings her total points to six or more and she must take a special written examinations and pass it in order to have two of these points removed. 3. Suspension is' improper in that Appellant was convicted in abstentia for alleged violations of the Pennsylvania Vehicle Code. Appellant avers that she was assigned points to her Pennsylvania license that were improper and that Appellant is appealing both convictions, one of which carries a mandatory license suspension. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on. the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Date: ~~2 / ~(> 7 Respectfully submitted, BAYLEY 8c MANGAN Jo angan, IlI, Es 're 17 est South Street Cazlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87000 Attorney for Appellant ADELA HRNJIC, Appellant v. CONIMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OR DRIVER; LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 LICENSE SUSPENSION APPEAL ATTORNEY VERIFICATION John J. Mangan, Esquire, states that he is the attorney for Adela Hrnjic, Appellant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that.this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904,_.relating to unsworn falsification to authorities. Date: L(7 ~- / ~~ Jo J. angan, Esquire. orne for Appellant / ADELA HRNJIC, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-SA-135-2007 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, John J. Mangan, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Notice of Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Cazlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River&ont Office Center, Harrisburg, PA 17104-2516 Dated: ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 02, 2007.. ADELA HRNJI:C WID # 072079283668889 001 16 SUSSEX DRIVE PROCESSING DATE 07/26/2007 DRIVER LICENSE ~ 28063747 CARLISLE PA b7013 DATE OF BIRTH 01/23/1988 Dear MS. HRNJIC: This is an Official. Notice of the Suspension of your Driving Privilege as authorized by Sections 1535 and 1539 of the Pennsylvania Vehicle Code. As a result of your 07/25/2007 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 05/17/2007: ^ Your driving privilege is SUSPENDED for a period of 60 days effective 09/062007 at 12:01 a.m.-for passing a school bus. ^ PennDOT is req-wired by law to assign 5 points to your driving record. The. total point accumulation on your driving record is 11 points. Section 1539 of the Vehicle Code mandates a 55 DAY(S) suspension for accumulating 11 or .more points on your driving record. These two suspensions will run consecutively starting 09/06/2007 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must ,follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURAyCE'. You should follow ALL instructions very carefully. Even ~if you have served all the time on the suspensionirevocat on, 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 iaermits, temporary driver's licenses (camera cards) in your possession on or before.09/06/2007. You may surrender these items before, 09/06/2007, 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 07207928366888-9 of 510.00. You must present two (2) forms of proper identification (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 tc fennDOT. 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 license(s), 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 al.l current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution un-der SECTION 1:571(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. 0720792836.68889 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 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, AUGUST 02, -20.07, of this letter. If you tile an :appeal in the County Court, the Court will give you a time-stamped certified Dopy of 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 0.9/06/2007.: Sincerely, ~~ ~~e~ . Janet L. Dolan, Director Bureau of Driver~Licensing INFORMATION 8:00 a.m to 6.00 a m IN STATE 1-800-932-4600 TDD INSTATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE.ADDRESS www.dmv.state.aa.us CQMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 AUGUST 02, 2007 ADELA HRNJIC WID ~k 072079283668877 001 16 SUSSEX DRIVE PROCESSING DATE 07/26/2007 DRIVER LICENSE ~ 28063747 CARLISLE PA 17013 DATE OF BIRTH 01/23/1988 Dear MS. HRNJIC: Because of your violation of Section 3112A3I of-the Pennsylvania Vehicle Code on 05/17/2007.., and conviction on 07/25/2007,.3 points have been assigned to your ,driving re- cord. This conviction brings the total. number of points currently on your record to six or more. Yvu are required to take and pass~a;special written examination within thirty (30) days of the mail date of this letter or your license will be suspended. No extensions -will be granted. After passing the examination two (2) points will be removed from your record, if you pass within the 30 days. If you do not pass the examination on your first try, you may take it again, but not on the same day. Amore complete explanation of the examination requirement plus a study guide is in- cluded in the Handbook which accompanies this letter. This. examination, may be taken by appointment only. When you are, r.ead`y to take- the special point examination, you can schedule 'your written special points. test via the Internet at w.ww.state.pa.us, PA Keyword: "Drivers Test." If you do not have access to the Internet you can schedule your special point examination by calling 1-800-423-5542. To be admitted to take the examination, you must show this letter and your valid driver's license or other ac- ceptable identification as described in: the Handbook. If you show up at your examination location without these items, or at a different time than your appointment, you will not be admitted to take the examination. C~ X l~~~3 ~ ~ " f3 -'