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Home My WebLink About08-1094 KRISTEN M. TROLINGER, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2008- /U 1 Y CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION C? PETITION FOR APPEAL Petitioner, Kristen M. Trolinger, by her attorneys, Martson Deardorff Williams Otto!ZilrSP-*-'r?. & Faller, sets forth the following: 1 'cam Petitioner is Kristen M. Trolinger, an adult individual residing at 906 Redwood IL4ve," Carlisle, PA 17013 2 On February 19, 2008, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of one year effective March 25, 2008. 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, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Respectfully submitted, Date: Z// glae k-az?? Katie J. Max ell, Esquire .? & L 0 /P Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 19, 2008 KRISTEN M TROLINGER WID # 080439283842675 001 906 REDWOOD DR PROCESSING DATE 02/12/2008 DRIVER LICENSE # 23493129 CARLISLE PA 17013 DATE OF BIRTH 11/05/1974 Dear MS. TROLINGER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 02/11/2008 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 01/31/2008: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/25/2008 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 all the time on the suspension/revocation, 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 03/25/2008. You may surrender these items before, 03/25/2008, 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 $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 will not receive credit toward serving any until we receive your license(s). Complete the steps to acknowledge this suspension. suspension EHfollow a IBIT I ' 080439283842675 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 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 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. r 080439283842675 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, FEBRUARY 19, 2008, of this letter. If you file an 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 03/25/2008. Sincerely, 9&?- Z g vay) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TOO IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 Cl U w d -1 `*T ti or, ?y? FEB 21 M KRISTEN M. TROLINGER, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA • 68• /0 9`I VS. : No. 20;L CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : APPEAL FROM DRIVER'S LICENSE Respondent : SUSPENSION COURT ORDER AND NOW, this day of February 2008, 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 nova to determine whether the Petitioner is subject to the suspension of his operating privileges as set forth in the Petition. A hearing is scheduled in Courtroom No. y of the Cumberland County Courthouse on the s4 day of __.'J , 2008 at /U- *,d1J Q_.m at which time the issues raised in this Petition will be heard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on February 19, 2008 and relating to the suspension of Petitioner's license effective on March 25, 2008. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. BY THE COUR , Ju e Cc: ?Katie J. Maxwell, Esquire George Kabusk, Office of the Chief Counsel of Penn-DOT P 1 '" M.-u L( al;-sloe t:x?v n? VIVO R a? au' 7 F:\FILEWlients\12312 Uberator\12312.1.ordetWe Revised: 5/12108 3:34PM 10613.4 KRISTEN M. TROLINGER, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1094 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER AND NOW, this "f' day of May, 2008, upon the request of the Petitioner, the license appeal docketed to No. 2008-1094 is hereby dismissed. BY THE COURT, , J. Distribution: Katie J. Maxwell, Esquire ?4hilip Bricknell, Esquire Copt iEs mW LCC?- XPIAV Llcyyl `v?;? ?f?'Yy?? ??? 7+??;?? ? ???? ?????