HomeMy WebLinkAbout01-6363NANCY L. THOMAS,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
r, ocket No. 0!-
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT : CIVIL ACTION
OF TRANSPORTATION :
PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION
DENYING OPERATING PRIVILEGES
Petitioner, through her undersigned counsel, Kollas and Kennedy, respectfully petitions
this Court, pursuant to 75 Pa. Cons. Stat. Ann.{} 1550, for review of an order of the Department
of Transportation denying petitioner's operating privileges, and in support thereof represents as
follows:
1. Petitioner, Nancy L. Thomas, is an adult individual residing at 550 Brentwater
Road, Camp Hill, Pennsylvania.
2. Petitioner currently possesses a valid driver's license issued to her on December
6, 1997, which has not heretofore been suspended, canceled, or revoked.
3. By letter dated October 26, 2001, petitioner was notified in writing by the
Department of Transportation of an entry of an order denying her operating privileges for the
following reasons as set forth in the notice: information received from the State of Maryland
indicating that petitioner's driving privileges were suspended by Maryland. A true and accurate
copy of said letter is attached hereto as Exhibit "A."
4. The denial of operating privileges is improper and unlawful for the following
reasons:
ao
do
Petitioner has never resided in Maryland.
Petitioner has never had a Maryland license.
Petitioner believes and therefore avers that Maryland has erroneously
confused her identity with another individual of the same name, and has
attempted to punish petitioner for the actions of said other individual.
The information provided to the Department of Trausportation from
Maryland does not represent the driving record ofNaney L. Thomas,
petitioner herein, but rather, said information is that of another individual
of the same name, whether by coincidence, mistake, identity theft, or
Because the information provided by Maryland is not an accurate
reflection of the driving record of Nancy L. Thomas, petitioner herein, the
Department of Transportation cannot use this information to deny
petitioner's operating privileges.
WHEREFORE, petitioner respectfully requests that the Court set this matter down
forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann.§ 1550, that the order of the
Department of Traneportation be set aside, and that petitioner he granted her driving privileges
until this matter is resolved.
RESPECTFULLY SUBMITTED:
Willia~l C. Kollas, Esquire
Supreme Court I.D. No. 06341
'Jmes W. Kollas, Esquire
Supreme Court I.D. No. 81959
KOLLAS AND KENNEDY
1104 Femwood Avenue
Suite 104
Camp Hill, PA 17011
(717) 731-1600
ATTORNEYS FOR PETITIONER
Dated:
NANCY L. THOMAS,
Petitioner
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION
: IN THE COURT OF COIVIMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: Docket No.
:
: CIVIL ACTION
:
VERIFICATION
I, NANCY L. THOMAS, verify that the statements made in the foregoing PETITION
FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION DENYING
OPERATING PRIVILEGES are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
4904, relating to unswom falsification to authorities.
DATE:
COMMONNEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Harrisburg, PA 17IE3
OCTOBER 26, 2001
NANCY L THOMAS
SSD BR£NTWATER ROAD
CAMP HZLL PA 17011
012926114358199 001
10/19/2001
10461896
01/28/1940
Dear Motorist:
Your right to apply for a driver's license or learner's
permit is being denied due to information received from the
State of NARYLAND indicating that your driving privileges
are suspended. This denial is authorized by Section 1572
of the Vehicle Code. You wi1! not be able to apply for a
driver's license or learner's permit until sufficient ;roof
of restoration is received from the State of MARYLAND.
In order to comply with this sanction you are required to
return any current .~river'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 s'ubmit a DL16LC Form or a sworn affidavit stating that
You are aware of the sanction against your driving privi-
lege. Failure to comply w~th 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.
HHEN ~'HE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOHLEDGE-
MENT, HE HILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS
RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT INNEDIATELY.
OTHERHISE, YOU HILL NOT BE GIVEN CREDIT TOHARD SERVING THIS
SANCTION.
The e~ectlve date o~ cancellation ls 11/30/2001, 12:01 a.m.
You have the right to appeal the Department"s action to the
Court of Common Pleas (Civil Division) within $0 days of the
mail date (OCTOBER 26, 2001) of this notice. You must still
send in your license before the effective date of cancel/a-
tion unless you appear in person before a Judge and receive
an order permitting you to continue to dr~ve.
012926114358199
AFTER THE APPEAL HAS BEEN FZLED ~N THE COUNTY COURT, A
TZHE-STAHPED CERTZFZED COPY OF THE APPEAL HUST BE SENT BY
CERTZFZED HAZL TO:
PENNSYLVANZA DEPARTHENT OF TRANSPORTATZON
OFFZCE OF CHZEF COUNSEL
THZRD FLOOR, RZVERFRONT OFFZCE CENTER
HARRZSBURG, PA. 17104
Sincerely,
Rebecca L. Bickley, D/rector
Bureau of Driver Licensing
ZNFORHATION (7:00 AN to 9:00 PH)
ZN STATE 1-800-932-4600
OUT-OF-STATE 717-391-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-391-6191
NANCY L. THOMAS,
Petitioner
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.
CIVIL ACTION
CERTIFICATE OF SERVICE
I, Dawn E. Barefoot, of the Law Offices of Kollas and Kennedy, hereby certify
that I have this 8th day of November, 2001, served a true and correct copy of
PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION
DENYING OPERATING PRIVILEGES by depositing same in the United States mail,
certified, return-receipt requested, postage prepaid, addressed to the following:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
LAW OFFICE OF KOLLAS AND KENNEDY
NANCY L. THOMAS,
Petitioner
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: Docket No. (~[~~# Z
:
..
: CIVIL ACTION
.
ORDER FOR HEARING
AND NOW, this aS-' day of ~¥~, 2001, upon consideration of the
petition of Nancy L. Thomas, by and through her counsel, Kollas and Kennedy, for review of an
order of the Department of Transportation denying petitioner's operating privileges, a bearing de
novo is granted to determine whether the action oftbe Department of Transportation in denying
petitioner's operating privileges should be set aside.
Hearing on the above captioned matter is set for~, at ~, ·
~L.m.; in Courtroom~ , located at ~ Carlisle, Cumberland
County, Pennsylvania.
The petitioner is directed forthwith to serve notice of the appeal and copies of the petition
for review and Order For Hearing on the Department of Transportatinn at the address shown in
the department's letter, by certified mail, return receipt requested.
NANCY L. THOMAS, :
Petitioner :
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TR3LNSPORTATION :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAI~D COUNTY, PENNSYLVANIA
NO. 01-6363 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of January, 2002, after
hearing, we are satisfied that the Nancy Lee Thomas residing in
Camp Hill, Pennsylvania, who has a Social Security number of
161-32-4751 and a Pennsylvania driver's license number of
10461896, is not the same Nancy Lee Thomas who had her license
suspended or revoked in Maryland in the 1973 to 1975 time frame,
with an address of record at 408 Circle Avenue, Takoma Park, MD,
and with a Maryland driver's license number of 520-622-497-075.
Therefore, the action of the department in suspending her
operating privileges is reversed and the appeal is sustained.
By the Court,
G/Jeorge Kabusk, Esquire
Attorney for PennDOT
~W~lliam C. Kollas, Esquire
Attorney for Petitioner
NANCY L. THOMAS, :
Petitioner :
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6363 CIVIL TERM
AMENDING ORDER
AND NOW, this 25th day of January, 2002, the
order of court in the above-captioned matter dated January 4,
2002, is amended to reflect that the correct Social Security
number for Nancy L. Thomas is 161-32-4571 rather than
161-32-4751. In all other respects, the order shall remain the
same.
By the
,/George Kabusk, Esquire
AttQrney for PennDOT
~iam C. Kollas, Esquire~
Attorney for Petitioner
Edward E. Guido, J.
srs