HomeMy WebLinkAbout08-3592KATE W. MILLIKAN,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0f- 3-5"9z Civil Term
Appeal From Suspension of Driver's License
APPEAL FROM LICENSE SUSPENSION
AND NOW comes the petitioner, Kate W. Millikan, by and through her counsel, R. Mark
Thomas, Esquire, and files this Petition of an Appeal from the Notice of License Suspension
which she received from the Commonwealth of Pennsylvania, Department of Transportation,
and in support thereof respectfully represents:
1. Kate W. Millikan is an adult individual who resides at 56 Hellam Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Commonwealth of Pennsylvania, Department of Transportation, Office of
Chief Counsel, is located on the Third Floor, Riverfront Office Center, Harrisburg, Dauphin
County, Pennsylvania 17104-2516.
3. On or about October 3, 2006, a citation was filed charging your petitioner with
driving while her license was under suspension, 75 P.S. 1543 (a).
4. Petitioner never received notice of a citation for driving while her license was
under suspension.
5. In May 2008, your petitioner learned that her license was under suspension for
failure to respond to a citation.
6. On May 15, 2008, petitioner went to the Magistrate's office and paid the fines and
costs to the Driving Under Suspension citation with the belief that her license would then be
restored.
7. By letter dated May 23, 2008, your petitioner was advised that as a result of her
payment of the fines and costs on the citation for Driving While Under Suspension, which fines
and costs were paid on May 15, 2008, her license was being suspended for a period of one (1)
year. (A copy of this Notice of Suspension is attached hereto as Petitioner's Exhibit "A".)
8. This suspension was effective May 23, 2008.
9. Your petitioner does have a defense to the alleged offense of Driving While
Under Suspension on October 3, 2006, and would have exercised her right to a hearing had she
known that she would receive an additional suspension merely by paying the fines and costs.
10. Petitioner prays that this Court will stay the suspension effective May 23, 2008,
until such time as she has had an opportunity to be heard on her summary appeal of the
underlying conviction of the subsequent hearing on this appeal of her license suspension.
WHEREFORE, Petitioner prays that this Honorable Court will sign the attached Order
which schedules a hearing and stays the suspension which was effective May 23, 2008, until
such time as this appeal has been heard by the Court.
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney for Petitioner/Appellant
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
ID# 41301
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MAY 23, 2008
KATE WARREN MILLIKAN
56 HELLAM DR WID (k 081379283562623 001
PROCESSING DATE 05/16/2008
MECHANICSBURG PA 17055 DRIVER LICENSE # 28281175
DATE OF BIRTH 07/15/1988
Dear MS. MILLIKAN:
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 05/15/2008 conviction of
violating Section 1543A of the Vehicle Code DRIVING WHILE
SUSP/REVOKE on 10/03/2006:
' Your driving privilege is SUSPENDED for a
YEAR(S) effective 05/23/2008 at 12:01 a.m. Period of 1
This suspension is in addition to any other suspensions
already on your record.
COMPLYING WITH THIS SUSPENSION
PennDOT records indicate that your driving
currently suspended/revoked. You must returnpallllcurrent
Pennsylvania driver's licenses,
temporary driver's learner's permits,
Possession IMMEDIATELYlicenses (camera cards) in your
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 oper
identification birth certificate, valid prU.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
notarized letter stating you are aware of the suspension
of your driving privilege. You must specify in
letter why you are unable to return your
your driver's
EX 431 ?T /1 14
081379283562623
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), camera
card(s), and/or a sworn notarized letter, PennDOT will
send you a receipt confirming the date that credit
begins. 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.
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, MAY 23, 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
081379283562623
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT IMMEDIATELY.
Sincerely,
Janet L. Dolan, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (8:00 AM TO 6:00 PM)
IN STATE 1-800-932-4600
OUT-OF-STATE 717-412-5300
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-412-5380
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within
document by certified mail, return receipt requested, on the following by depositing a true and
correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid,
addressed to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104-2516
Date: June &•2008
R. Mark Thomas, Esq.
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KATE W. MILLIKAN, : IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08-3592 Civil Term
Appeal From Suspension of Driver's License
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF :
TRANSPORTATION,
Respondent
ORDER
AND NOW, thisl day of June, 2008, an Appeal from Notice of License
Suspension, having been filed, a hearing on the Appeal is hereby scheduled for the 3/
day of 61- - , 2008, at o'clock 'M, in Courtroom of the
Cumberland County Courthouse.
cc: Z,ffice of Chief Counsel, PennDot
? R. Mark Thomas, Esquire,
Court Administrator
t es rn?t LECL
By the Court,
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KATE W. MILLIKAN,
Apellant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellee
NO. 08-3592 CIVIL TERM
ORDER
AND NOW, this 31TH day of ,dam, 2008, the appeal filed in the above
referenced matter is:
REMANDED to the Department of Transportation for
corrective action.
DISMISSED and the suspension which is the basis of this
appeal shall be REINSTATED.
SUSTAINED and the suspension which is the basis of this
appeal shall be RESCINDED.
WITHDRAWN.
_ CONTINUED AND RESCHEDULED FOR THE 2 DAY
OF A S4- , 2008, AT -(1'30 0-m., IN
COURTROOM/HEARING ROOM NO. OF THE
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA.
BY THE COURT:
,,,,Attest:
R. Mark Thomas, Esq., Attorney at Law, 101 South Market St., Mechanicsburg, PA
/ 17055-3851
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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KATE W. MILLIKAN,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Respondent
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3592 CIVIL TERM
MOTION FOR CONTINUANCE
AND NOW, comes the Petitioner, Kate W. Millikan, by and through her counsel, R.
Mark Thomas, Esquire, and files this Motion for Continuance and in support thereof respectfully
represents:
1. Kate W. Millikan filed an appeal from a license suspension in Cumberland
County on June 16, 2008.
2. A hearing on this appeal was previously scheduled for July 31, 2008, at 2:00 p.m.,
but was continued by agreement of counsel due to some confusion over the issue being appealed.
3. The appeal is based upon a Summary Conviction that occurred on May 15, 2008.
4. The Summary Conviction occurred in York County and a Summary Appeal from
that conviction was filed in York County on June 12, 2008.
5. As of this date, a hearing date for the Summary Appeal has not been scheduled in
York County.
6. The outcome of the Summary Appeal in York County will be determinative of the
civil appeal from license suspension pending before this Court.
7. Philip M. Bricknell, Esquire, counsel for Pennsylvania Department of
Transportation, agrees that the hearing on the civil appeal from license suspension should be
continued until the outcome of the Summary Appeal which is currently pending in the York
County Court of Common Pleas.
WHEREFORE, Petitioner prays that this Honorable Court will sign the attached Order
granting an indefinite continuance in this matter.
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney for Petitioner/Appellant
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
ID# 41301
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within
document on the following by depositing a true and correct copy of the same in the U.S. Mail at
Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to:
Philip M. Bricknell, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street, 3'd Floor
Harrisburg, PA 17104-2516
Date: August 21, 2008 )?r P;400C-Cat -a
R. Mark Thomas, Esq.
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KATE W. MILLIKAN,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, BUREAU OF
DRIVER LICENSING,
Respondent
AW 2 2 2008
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3592 CIVIL TERM
ORDER
AND NOW, this 2? day of August, 2008, upon consideration of the Motion for
Continuance, and the Court being advised that counsel for the Commonwealth does not oppose
the granting of this Motion, the Motion is granted, and this matter is to be(relisted following the
outcome of the appeal of summary conviction in York C un eoU-) G r r e- Lrc ?
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By the Court,S1 Rb
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cc: Prothonotary
Co Administrator
,Yf@ip M. Bricknell, Esquire, Pennsylvania Department of Transportation, Office of Chief
Counsel, 1101 South Front Street, 3'd Floor, Harrisburg, PA 17104-2516
,,,,R`Mark Thomas, Esquire, 101 South Market Street, Mechanicsburg, PA 17055
o?/
KATE W. MILLIKAN,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3592
Civil Term
Appeal From Suspension of Driver's License
PETITION TO WITHDRAW APPEAL
AND NOW comes the Petitioner, KATE W. MILLIKAN, by and through her counsel, R.
Mark Thomas, Esquire, and files this Petition to Withdraw Appeal which was previously filed,
and in support thereof respectfully represents:
1. An Appeal from License Suspension was filed by Petitioner on June 16, 2008.
2. A hearing on the appeal was scheduled on August 27, 2008, to be held before the
Honorable J. Wesley Oler, Jr., but that hearing was continued pending the
outcome of the appeal of the underlying summary conviction in York County,
Pennsylvania, which gave rise to the license suspension under appeal.
3. The underlying summary conviction appeal in York County, Pennsylvania, was
resolved on November 26, 2008, at which time the charge of Driving While
Under Suspension was amended to Driving Without a License, Section 1501 of
the Pennsylvania Motor Vehicle Code.
4. After sharing the results of the summary appeal in York County, Pennsylvania,
Philip M. Bricknell, Esquire, Pennsylvania Department of Transportation, Office
of Chief Counsel, forwarded a letter dated January 20, 2009, a copy of which is
attached hereto as Exhibit "A".
5. According to Exhibit "A", the Department of Transportation, Bureau of Driver
Licensing, has already amended its records to reflect that Petitioner's conviction
for Driver Under Suspension has been amended to show that it was, in fact, a
conviction for Driving Without a License under Section 1501 (a) of the
Pennsylvania Motor Vehicle Code.
6. Since the Department of Transportation records have been corrected there is no
longer a need for the appeal of the license suspension and, therefore, Petitioner
hereby requests that the Court allow her to withdraw her Appeal From License
Suspension.
WHEREFORE, Petitioner, KATE W. MILLIKAN, prays that this Honorable Court will
sign the attached Order which effectively withdraws the Appeal from License Suspension at
Petitioner's request.
Respectfully submitted,
X ??
R. Mark Thomas, Esquire
Attorney for Petitioner/Appellant
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
ID# 41301
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I have served a copy of the within
document by certified mail, return receipt requested, on the following by depositing a true and
correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid,
addressed to:
Philip M. Bricknell, Esquire
Pennsylvania Department of Transportation
Office of Chief Counsel
1101 South Front Street, 3'd Floor
Harrisburg, PA 17104-2516
Date: , 2009
R. Mark Thomas, Esq.
COMMONWEALTH OF PENNSYLVANIA
GOVERNOR'S OFFICE OF GENERAL COUNSEL
January 20, 2009
Via First Class Mail
R. Mark Thomas, Esq.
101 South Market Street
Mechanicsburg, PA 17055-3851
Re: Kate W. Millikan v. Commonwealth of Pennsylvania, Department of
Transportation, Bureau of Driver Licensing, Docket No. 08-3592
Dear Mr. Thomas:
The Bureau of Driver Licensing is in receipt of your letter, dated January 15, 2009,
regarding the above-captioned matter.
The Department has already received notice of Ms. Millikan's successful appeal of her
May 15, 2008 conviction for driving while suspended and her subsequent conviction on
November 26, 2008 for driving without a license pursuant to Section 1501(a) of the Vehicle
Code, 75 Pa.C.S. § 1501(a), and has amended its records to reflect that success.
Ms. Millikan was convicted of another violation of § 1501(a) on July 3, 2008. Ms.
Millikan's November 16, 2008 conviction is her second conviction under Section 1501(a) of the
Vehicle Code; consequently, pursuant to § 1532(b)(2) of the Vehicle Code, her operating
privilege will be suspended for 6 months.
Thank you for your offer to prepare the necessary paperwork to have Ms. Millikan's
appeal withdrawn. I believe that would be the most efficient way to proceed.
Thank you for your attention to this matter.
Very truly yours,
Philip M. Bricknell
Assistant Counsel
Ic X X817- 1(q
d OFFICE OF CHIEF COUNSEL 1 VEHICLE & TRAFFIC LAW DIVISION pennsy[vama
RIVERFRONT OFFICE CENTER, 3' FLOOR 111o1 SOUTH FRONT STREET 1 HARRISBURG, PA 17104-2516
Ph: 717.787.28301 Fax: 717.705.1122 1 WWW.dot.State.Pa.Us DEPARTMENT OF TRANSPORTATION
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KATE W. MILLIKAN, : IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08-3592 Civil Term
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION,
Respondent
Appeal From Suspension of Driver's License
ORDER
AND NOW, this 111L day of 2009, upon consideration of
the Petitioner's Petition to Withdraw her previously filed Appeal from License Suspension,
which was indexed at this term and number, and after review of the letter dated January 20,
2009, from the Office of Chief Counsel, Pennsylvania Department of Transportation, the Petition
is granted and the previously filed Appeal from License Suspension is hereby withdrawn.
cc: Prothonotary
Co Administrator
lip M. Bricknell, Esquire, Pennsylvania Department of Transportation,
Office of Chief
Counsel, 1101 South Front Street, P Floor, Harrisburg, PA 17104-2516
Mark Thomas, Esquire, 101 South Market Street, Mechanicsburg, PA 17055
I
By the Court,
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