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Home My WebLink About08-4215NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANT PAMELA K. GRACEY Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- q, I S CIVIL TERM : LICENSE SUSPENSION APPEAL APPEAL OF DRIVER'S LICENSE SUSPENSION AND NOW comes the petitioner, PAMELA K. GRACEY, by and through her attorney, Nathan C Wolf, Esquire, and appeals the suspension of her driving privilege and avers as follows: 1. Appellant is PAMELA K. GRACEY, an adult individual who resides at 3950 Brookridge Dr., Mechanicsburg, PA 17050. 2. On or about, May 5, 2008, Appellant allegedly violated section 75 Pa. CS.§1547(b)(1)(i) after being arrested on the suspicion of driving under the influence. 3. Appellant is scheduled for her preliminary hearing before District Justice Thomas A. Placey on July 31, 2008. 4. On or about June 18, 2008, Appellant received a notice informing her of her suspension from the Appellee, the Pennsylvania Department of Transportation, Bureau of Driver Licensing. A true and correct copy of the notice of license suspension is attached hereto as Exhibit "A". 5. Appellant objects to the license suspension on the grounds that she has not yet had even a preliminary hearing on the charges which have initiated the suspension, and the outcome of pending proceedings may result in the basis for the suspension being void. 6. Appellant further objects to this license suspension on the grounds that she would suffer significant harm if she is forced to undergo the suspension period during the pendency of these proceedings, which would significantly impact her ability to travel to and from her employment. 7. Appellant requests that the Court grant to her a Supersedeas of the suspension pending this appeal pursuant to Section 1550(b)(1) of the Motor Vehicle Code because the result of pending proceedings could render issues which would be raised during suspension proceedings moot. WHEREFORE, Appellant PAMELA K. GRACEY, respectfully prays that this Honorable Court issue an order vacating the suspension imposed by the Department or, in the alternative, scheduling a hearing on the foregoing Appeal and granting Appellant a Supersedeas of the suspension pending the outcome of such Appeal along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: July , 2008 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Appellant NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANT PAMELA K. GRACEY Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF 'T'RANSPORTATION, BUREAU OF DRIVER LICENSING Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008- CIVIL TERM LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have, this date, served a true and correct copy of the foregoing appeal upon the following person and in the matter indicated: SERVICE BY CERTIFIED MAIL: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Date: 4??- N 10 , Esquire h Street A 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Appellant JUN/ l V208/'1'HU 12: 5? 1'M P. UU1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Maid Date: JUNE. 18, 2008 PAMELA K GRACEY WID * 081636452312842 001 3950 BROOKRIDGE DR PROCESSING DATE 06/11/2008 DRIVER LICENSE # 19203.720 MECHANICSBURG PA 17050 DATE OF BIRTH 03/30/1961 Dear MS. GRACEY: This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 1547811 of the Pennsylvania CVehicle a?..,Code. As a result of your violation of Sdet11Z1 17;, Vf the rcllic"a VVde/ CNEM.iar.AL TEST REFUSAL, on 0511612008: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 07/23drZOD8 at 12:01 a.m. 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 07/23/2008.. You may surrender these items before, 07/23/2008, 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 v'btain 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 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: EX HI: 9T7 J UN/ 1 U/2UUo/TRU 11:54 YM i 081636452312842 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Sox 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 Stete P011Ce 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 appli•catign. 2. Write your driver's license number (listed an the first page) an the check or money order to ensure proper credit..' 3. Follow the payment and mailing instructions an the back of the application. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 18, 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, y1ou 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 07/23/2008. r. UUZ 11.4 rlf, r, uu3 081636452312842 Sincerely, Janet L Dolan, Director Hureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 .m, IN STATE 1-800-932-4600 TDD IN STATE GUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 1-800-228-0676 22-5380 WEB SITE ADDRESS, www.dmv.State pa uS t` 2.7 " = C-) 0 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANT PAMELA K. GRACEY Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008- Ys-1 r CIVIL TERM : LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW this (Lday of July, 2008, upon consideration of the instant Appeal, it is hereby ordered and decreed that this matter be scheduled for hearing on the d&', day of 11,0 , 2008 at 4 o'clock, .m, at Courtroom Fourth Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. Furthermore, a Supersedeas is granted pursuant to Section 1550(b)(1) of the Motor Vehicle Code, pen ' this Court's resolu 'on of this appeal.t • t c? c am` s ?, s?Pus c S 1 _ BY THE COURT: cc' P Department of Transportation, Office of Chief Counsel athan C. Wolf, Esquire For the Appellant 1-40f 1 *" m6a; LUL 7A2-0 y. (n ??- z U- C*j IL IJ i! LL- ? 0 PAMELA K. GRACEY, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4215 CIVIL TERM IN RE: APPEAL OF DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this 21St day of August, 2008, upon agreement of counsel, the hearing previously scheduled in the above matter for August 25, 2008, is rescheduled to Friday, October 17, 2008, at 11:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. dathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Appellant BY THE COURT, J. Wesley Oler, Yr., . V4hilip Bricknell, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot :rc o? M tL?if ? WT _!?tz V. PAMELA K. GRACEY, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4215 CIVIL TERM IN RE: APPEAL OF DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this 16" day of October, 2008, upon consideration of the attached letter from Nathan C. Wolf, Esq., attorney for Appellant, the hearing previously scheduled in the above matter for October 17, 2008, is rescheduled to Thursday, December 18, 2008, at 10:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Lathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Appellant ilip Bricknell, Esq. Pennsylvania Department , of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot :rc ?a T : d 91 t 0 80QZ 11i ? > ii ad ZHI -U NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLAN'T' PAMELA K. GRACEY Appellant : IN THE COURT :CUMBERLAND :NO. 2008-4215 C LICENSE SUSPI COMMON PLEAS OF JNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee TO THE PROTHONOTARY: TERM ON APPEAL Kindly mark the above-captioned matter withdrawn wifh prejudice to the appellant. Respeclully submitted, WOLF WOLF, Attorneys at Law Dated: December 18, 2008 By: -,-Natha olf, Esquire 10 We igh Street Carlisle, PA 17013 Suprem Court I.D. No. 87380 (717) 24 4436 Attorne for Appellant NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANT PAMELA K. GRACEY : IN THE COURT F COMMON PLEAS OF Appellant : CUMBERLAND C OUNTY, PENNSYLVANIA V. : NO. 2008-4215 IVIL TERM COMMONWEALTH OF , PENNSYLVANIA, , DEPARTMENT OF , TRANSPORTATION, . BUREAU OF DRIVER LICENSE SUSPE 14SION APPEAL LICENSING Appellee , I, the undersigned, do hereby certify that I have, this the foregoing appeal upon the following person and in the n SERVICE BY HAND DELIVERY: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 WOLF & Date: December 18, 2008 BY: -Nathan C o 10 West Hi Carlisle, PA 17C Supreme Court (717) 241-4436 Attorney for Ap served a true and correct copy of indicated: F, Attorneys at Law wire . No. 87380 {., ry^r ?J .,C PAMELA K. GRACEY, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4215 CIVIL TERM IN RE: APPEAL OF DRIVER'S LICENSE SUSPENSION ORDER OF COURT AND NOW, this 19`h day of December, 2008, upon consideration of the Praecipe To Withdraw Appeal filed on December 18, 2008, the hearing previously scheduled for December 18, 2008, is cancelled. athan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Appellant BY THE COURT, ? l 1 rr. F. . Wesley Ol , Jr., J. r` /hilip Bricknell, Esq. Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for PennDot r`F rc Y ?. ?s( 7 ?i 9 s -* 0 ! W, a 6 13 ?Q 9 0JZ