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Home My WebLink About03-6382IRENE A. GEKAS, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA: Appeal of Driver's License Suspension DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appellee : APPEAl, OF I,IC. EN,qE SIIflPEN,~ION AND NOW comes the Appellant, Irene A. Gekas, by and through her attomey, Joseph D. Caraciolo of the Law Offices of Patrick F. Lauer, Jr., LL.C., and respectfully avers the following: 1. Appellant resides at 25 South 26th street, Camp Hill, Cumberland County, Pennsylvania, 17011 2. The Appellant received a notice dated November 12, 2003, that as a result of her November 04, 2003 conviction of violating Section 1543A of the vehicle Code, her driving privilege was being suspended for a period of one year, effective suspension date November 12, 2003, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A." 3. The Appellant submits that she committed no acts that would lead to a suspension of her operating privileges. 4. The Appellant submits that her operating privileges should not be suspended as a result of her conviction. 5. The Appellant submits that there has been no court order requiring the suspension of her driving privileges as a result of any prior motor vehicle violation. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter. Respectfully submitted, / ? aciolo, Esquire /J108 Market Street, Aztec Building v Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 IRENE A. GEKAS, Appellant : IN THE COURT OF COMMON PLEAS OF : CLrMBERLAND COUNTY, PENNSYLVANIA : : NO. COMMONWEALTH OF PENNSYLVANIA: Appeal of Driver's License Suspension DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appellee : &TTORNEV VERIFICATION I, Joseph D. Caraciolo, Esquire, undersigned counsel for Appellant, Irene A. Gekas, hereby verifies and states that: 1. I am the attorney for Appellant, kene A. Gekas; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are tree and correct to the best of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Respge~fully submitted,, io~ ~y08 Market Street, Aztec Building ~amp Hill, Pennsylvania 17011-4706 Date:/~ ~ ~ *t~' ~-j ID# 90919 Tel. (717) 763-1800 IRENE A. GEKAS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. COMMONWEALTH OF PENNSYLVANIA: Appeal of Driver's License Suspension DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appellee : CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Han-isburg, PA 17104 Date: Re~ tfully submitted, D. Caraciolo, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dote= NOVEMBER 12, 2005 IRENE A GEKAS 25 S 26TH STREET CAMP HILL PA 17011 WID t 033099283046838 001 PROCESSING DATE 11/05/2003 DRIVER LICENSE t 21962038 DATE OF BIRTH 11/05/1969 Dear MS. GEKAS= This is an O~fl¢tal Notlce of the Suspension of your Driving Privilege as authorized by Section 1545 of the Pennsylvania Vehicle Code. As a result of your 11/0~/2005 convict/on of violating Section 15~5A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 08/20/2005= Your driving privilege is SUSPENDED fop a pePlod YEAR(S) effective 11/12/2003 at 12:01 a.m. This suspension is in addition to any other suspensions a/ready on your record. COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently susPended/revoked. You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession ZNMEDZATELY. YOU HAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However~ you may apply for and obtain a ohato identification card at any Driver License Center for a cost of 10.00. 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 w111 not receive credit toward servlng any suspension untll we receive your license(s). Complete the following steps to acknowledge this suspension. 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 033099283046838 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 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), camera card(s), and/or a sworn notarized letter, PennDOT wil! send you a receipt confirming the date that credit If you do not receive a receipt from us within please contact our office. Otherwise, you wall given credit toward serving this suspension. Phone numbers are listed at the end of this begins. 3 weeks, not be PennDOT letter. 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. PROVIDING PROOF OF INSURANCE Within the [asr 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 wil! be needed if you do not own a vehicle registered in Pennsylvaniao ZmpoPtant: Please make sure that PennDOT is notified if you move from your current address. You may notify PennDOT of your address change by cal/ing 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, NOVEMBER 12, 2003, of this letter. Z~ you ~tle an appeal in the County courtj the court w111 glve you a time-stamped certt~led copy o~ the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appea! by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 033099283046838 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return al! current Pennsylvania driver license products to PennDOT ZMMEDZATELY. Sincerely, Rebecca L. B/ck/ey, D/rector 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-q600 717-391-6190 1-800-228-0676 717-391-6191 -7 '7B .00 IRENE A. GEKAS, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O,~- COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : Appellee : Appeal of Driver's License Suspension AND NOW this _. ~ day of _~)P~[~t_ 2003, upon consideration of the APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter on the c~O~ day of ~ 2003 at 55: tl~ a.m./p.m, in Courtroom No. _~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(o)(I) until such time that this honorable court resolves this appeal. BY T COUR : t~istribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfi:ont Office Center, Handsburg, PA 17104 /...--Patrick F. Lauer, Jr., Esq., 2108 Market St., Camp Hill, PA 17011 IRENE A. GEKAS, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 03-6382 CIVIL TERM ORDER OF COURT AND NOW, this SO.cJi day of January, 2004, the hearing currently scheduled for March 25, 2004, is cancelled. The hearing is rescheduled to Thursday, April 22, 2004, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar B. . ~/~oseph D. Caraciolo, Esquire For Petitioner ~George Kabusk, Esquire For the Department of Transportation :sal IBENE GEKAS, · Appellant : : v. : COMMONWEALTH OF PENNSYLVANIA, : PENNSYLVANIA DEPARTMENT : OF TRANSPORTATION, : BLqkEAU OF DRIVER LICENSING, : Appellee : IN TS~ COURT OF COMMON PLEAS OF DAUPHIN COUNTY, pENNSYLVANIA NO.: 03-6382 CIVIL TERM LICENSE SUSPENSION APPFJtL PRAECIPE TO WITHDRAW APPEAL OF OPEBATOR'S LICENSE SUSPENSION TO THE PROTHONOTARY: Kindly case, which 2004. withdraw the license appeal in the above captioned was scheduled for a hearing on Thursday, April 22, Respectfully s~mitted: Joseph D. Caraciolo, ESq. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 Distribution: -George Kabusk, Esq., PA Dept. of Transportation, Office of Chief Counsel 3~d Floor, Riverfront Office Center, Harrisburg, PA 17104 -Joseph D. Caraciolo, Esq., 2108 Market St., Camp Hill, Pa 17011 -Judge Bayley, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 -Irene A. Gekas, 48 South Terrace, Wo~mleysburg, PA 17043