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Home My WebLink About01-6359COMMONWEALTH OF PENNSYLVANIA: IN TI~, COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001 - : KAREN E. HELMUTH : PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING DRIVER'S LICEN~I~, TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY: The Petition of Karen E. Helmuth respectfully represents: That she resides at 150 Fairview Drive, Pennsylvania 17013, in this county. Carlisle, Middlesex Township, That she currently possesses a valid driver's license which has not heretofore been suspended, canceled or revoked. That on October 18, 2001, she was notified by the Department of Transportation that her driver's license had been suspended for the following reason as set forth in the notice: violation of Section 3345A of the Vehicle Code, Passing a School Bus. A copy of said Notice is marked as Exhibit "A" and attached hereto. That said suspension is improper for the following reasons: The underlying conviction of Section 3345A has been appealed from District Justice Susan K. Day to The Court of Common Pleas of Cumberland County on October 31, 2001. A trial de novo will be held at 01-2271 Criminal in the Court of Common Pleas. A copy of said Notice of Appeal is attached hereto and marked as Exhibit "B". The suspension of Petitioner's license is improper until the case at 01-2271 is completed. If the Petitioner is acquitted of said charges, the license suspension would not take place. The Petitioner, Karen E. Helmuth, requ~ts that the Court issue a supersede, as to prohibit the suspension of her license until this case and the Appeal docketed to Cumberland County Criminal number 01-2271 is resolved by the Court. Your petitioner, therefore, prays that this matter be set down for hearing de novo before Your Honorable Court as provided by 75 Pa. C.S.A. Section 1547 and Section 1550 and 42 Pa. C.S.A. Section 933, and that the order of the Department be set aside. Date: November 2001 By: Respect~lly submitted, Marcu~ A. Attorney for ]~etitiot Karen E. lt~nm IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court LD. No. 25476 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date= OCTOBER 18, 2001 KAREN E HELMUTH 3 JANE LANE CARLISLE PA 17013 WIDe 012849283387001 001 PROCESSING DATE 10/11/2001 DRIVER LICENSE e 24305788 DATE OF BIRTH 04/19/1977 Dear MS. HELMUTH: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1555 of the Pennsylvania Vehicle Code. As a result of Your 10/10/2001 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 09/27/2001: Your driving privilege is SUSPENDED fop a Defied of 60 days effective 11/22/2001 at 12:01 a.m. PennDOT is required by law to assign 5 points to your driving record. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSIDN, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefulZy. Even if you have served all the time on the suspension/revocation, we cannot restore your drAvLng ~riv- 11ege until all the requLPements are satls~Aed. COMPLYING WITH THIS SUSPENSION You must return a11 current Pennsylvania driver's licenses, learner~s permits, temporary driver's licenses (camera cards) in your possession on or before 11/22/2001. You may surrender these items before, 11/22/2001, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $9.00. 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. 012849283387001 YOU gi~ not receive credit toward serving any unt~l ~e receive you~ l~cense(s). Complete the steps to acknowledge this suspension. suspension following 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- rized letter stating You are aware of the suspension of your driving privilege. You must spec/fy 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 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. 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)(q) of the Pennsylvania Vehicle Code. PAYING THE RESTORATION FEF 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. Nrite your driver's license number (listed on the first Page) on the check or money order to ensure proper credit. Follow the Payment and mailing instructions on the back of the application. 0128fi9283387001 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. Zm~oPtsnt: Please make sure that move frem your current address. your address change by calling listed at the end of this letter. PennDOT is notified if you You may notify PennDOT of any of the phone numbers APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 18, 2001, of this letter. Xf you file an ap- peal in the County Court, the CouPt wtll give you a time- stamped cePtlfied copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- fied 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 OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 11/22/2001. Rebecca L. 8ickley, Director Bureau of Driver Licensing INFORMATION 7:00 a.m. to g:00 p.m. IN STATE 1-800-952-4600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE NEB SITE ADDRESS www.dot.state.pa.us 1-800-228-0676 717-391-6191 EXHIBIT "B" ' IN THE COURT OF COMMON PLEAS, COUNTY OF ...~ .............. * ' Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: ....................... ZIP I7Ot3 De e ~...3!,_.20~t 'ssuing Authority Docket NO...~~.~ ........... Citation No.._..~..?~ ....................................... Magisterial District No ~, ............................... Appeal from sentenceof ......... ~ ~.~. ~ ~ ~ Date of Sentence:...,..,~.~.~'l~ ................. Offense(s) of which convicted.....~..~...~..~. ...~'~lO~ ;~,~ ~, .................... Name and mailing address of affiant as shown on citation Or comp a n ~.,% .,~'~.~...~ .................. Name and address of issuing authority: ~...~-...ll&'I,... DI~RZiIZ...~.tlSCill;~ .......................... l;i~ll...~!l!.-~...lil'~..l~,~ .. Igt,l,.. 1 &if ........................................... J!~,~...f~J[lq~,~ ** ~.~ ...I~,,JL ................. ZIP.....17I;li¢~.~ ....... Phone .... If sentence includes fine and costs, amount of which paid: ..... .I1~3.,~ ................................................................................................... Type or amount of bail furnished to issuing authority, if any: J ATTORNEY IDENTIFICATION NO Name and address of Attorney for Defendant: (signature) .......................................................................................................... (print n a me ).....~ .. ~.....1~',_ ~, ~;~e.....~[ ~.. ..................................... (s t r e e t ).. ~.. ~"~ .. ~J,~'~.. ~., ... Phone (address)...... ~-~'~[~,...~ .......................... ZIP..[3~Ii..1.~L~,Z2 ....... NOTICE TO DEFENDANT: If your appeal is from a motor vehicle conviction other than parking, have the clerk of courts certify this copy and mail to the following address: I .hereby certify that an appeal has been filed in the above captioned matter, VERIFICATION The foregoing Petition to Appeal License Suspension is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. KAREN ~. HELMUTH Dme: November 7, 2001 COMMONWEALTH OF PENNSYLVANIA: IN 'rile COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA _. v. : NO. 2001 - ; KAREN E. HELMUTH : CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the foregoing Petition for Appeal From Order of Department of Transportation Suspending Driver's License upon the Pennsylvania Department of Transportation by placing it in the United States Mail, first class postage prepaid in Carlisle, Pennsylvania 17013, upon the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 By: ~reus~.~ Esqmre . Attorney for Petitioner, Karen E. Helmuth Date: November 7, 2001 NOV 0 8 ~001~ COMMONWEALTH OF PENNSYLVANIA: IN Tm~ COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA : v. : No. 200 - C : KAREN E. ti e:LMUTH : PRELIMINARY ORDER AND NOW, this I(o~C day of November, 2001, upon consideration of the foregoing Petition, a hearing de novo is granted to determine whether the action of the Deparm~ent of Transportation in suspending the driver's license of the Petitioner should be set aside. This Appeal acts as a supercedeas pursuant to 75 Pa. C.S.A. Section 1550. A hearing is scheduled for J. cg~ ,mo in Courtroom No. o~ , Cumberland County Courthouse, Carlisle, Pennsylvania, and the Prothonotary shall notify the Department forthwith. COMMON-WEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION : V. KAREN E. HELMUTH : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6359 CIVIL TERM AND NOW, this 4th day of February, 2002, based on a resolution of this case by the parties, it is ordered that the appeal of Karen Helmuth from an order of the Department of Transportation suspending her driver's license is dismissed. The Department will start petitioner's 60 day suspension on May 1, 2002. By the Court, Edgar y, j. /George H. Kabusk, Esquire ~_~ For the Department of Transportation /~arcus A. McKnight, III, Esquire "Q-- For Karen Helmuth 02-3' Sheriff prs