HomeMy WebLinkAbout08-1878
KATHERINE LOUISE DUNN IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY, PENNA.
Vs. NO: aC?',J'0 ? 2008
COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION
DEPARTMENT OF TRANSPORTATION APPEAL
BUREAU OF DRIVER LICENSING,
Respondent
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW COMES, Petitioner, Katherine Louise Dunn, by and through her
attorneys Wiley, Lenox, Colgan & Marzzacco, P.C., who make the following averments in
support of this License Suspension Appeal:
1. Petitioner, Katherine Louise Dunn, is a licensed driver and a Cumberland
County resident with an address of 999 Oak Lane, Apt. A, New Cumberland, PA.
2. The Department of Transportation Bureau of Driver Licensing has a mailing
address of 1101 South Front Street, Harrisburg, PA 17104.
3. Petitioner received a notice, with a mail date of March 11, 2008 from
Respondent with a proposed 90 day license suspension for an alleged violation of §6308
of the crimes code, see Exhibit A attached hereto, and incorporated herein by reference.
4. The suspension as proposed by the Department is illegal, improper and
invalid for some or all of the following reasons:
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A. The underlying conviction for the offense of 18 Pa.C.S. §6308 is
pending on appeal in Cumberland County;
B. The proposed suspension is otherwise illegal and invalid pursuant to
statutory and case law.
WHEREFORE, Petitioner prays that Your Honorable Court grant the prepared
Order scheduling the matter for a hearing and directing the Department to stay the
proposed suspension until such time as this matter can be decided on its merits.
By:
Dav) E rshey, Esquire
TH ILEY GROUP
130 West Church Street
Suite 100
Dilisburg, Pennsylvania 17019
(717) 432-9666
I.D.#: 43092
Respectfully submitted,
41
CERTIFICATE OF SERVICE
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On the -1 day of March, 2008, 1 certify that a copy of the foregoing petition was
served upon the following attorney for the Commonwealth of Pennsylvania by First-class
Mail, as follows:
Office of Chief Counsel
Department of Transportation
1101 S. Front Street
Harrisburg, PA 17104-2516
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
David E. Hershey, Esquire
The Wiley Group
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MARCH 11, 2008
KATHERINE LOUISE DUNN WID # 080646681600798 001
999 OAK LN APT A PROCESSING DATE 03/04/2008
DRIVER LICENSE # 27812057
NEW CUMBERLND PA 17070 DATE OF BIRTH 05/05/1987
Dear MS. DUNN:
As a result of your violation on 02/03/2008 of violating
Section 6308 (offenses related to alcohol), your driving
privilege is being SUSPENDED for a period of 90 DAY(S) as
mandated by section 1532D of the vehicle code.
The effective date of suspension is 04/15/2008, 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 04/15/2008. You may
surrender these items before, 04/15/2008, 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 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 to PennDOT. If
you do not have any of these items, send a sworn
080646681600798
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, MARCH 11, 2008, of this letter. If you file are 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 04/15/2008.
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.pa.us
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KATHERINE LOUISE DUNN IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY, PENNA.
Vs. NO: (Sq 2008 bvuTrm
COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION
DEPARTMENT OF TRANSPORTATION APPEAL
BUREAU OF DRIVER LICENSING,
Respondent
ORDER
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AND NOW, this litt day of, 2008, upon consideration of the Petitioner's
Appeal filed in the above captioned matter this matter is hereby scheduled for a hearing on
AE day of (1,1zA -o , 2008, at 9, 36 o'clock in Courtroom No. J .
Pursuant to Section 1550 of the Motor Vehicle Code, the supersedeas is hereby
granted. The Department of Transportation is directed to stay the proposed 90 day
suspension as outlined in its official notice of March 11, 2008, until such time as this matter
can be decided on its merits.
BY THE COURT:
J.
JUDGE
?-11ccC 4
P
C. h.a? l?s'E
KATHERINE LOUISE DUNN,
Apellant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA,
NO. 08-10 CIVIL TERM
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
ORDER OF COURT
AND NOW, this IG TH day of June, 2008 the license suspension which is the subject of
this appeal having been previously removed from Appellant's driving record, the appeal filed in
the above referenced matter is DISMISSED AS MOOT.
BY THE COURT:
Attest:
Distribution:
?David E. Hershey, Esq., The Wiley Group, 130 West Church Street, Suite 100, Dillsburg, PA
17019
? Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel,
1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516
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