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Home My WebLink About08-5627NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANT ALICIA A. LOPEZ 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- S'W7 CIVIL TERM LICENSE SUSPENSION APPEAL APPEAL OF DRIVER'S LICENSE SUSPENSION AND NOW comes the petitioner, Alicia A. Lopez, by and through her attorney, Nathan C. Wolf, Esquire, and appeals the suspension of her driving privilege and avers as follows: 1. Appellant is Alicia A. Lopez, an adult individual who resides at 308 TicheyDrive, Mt. Holly Springs, Cumberland County, PA, 17065. 2. On or about, July 16, 2008, Appellant allegedly violated section 75 Pa C.S. §3362 SW-19 and 75 Pa C.S. $1543 %A. 3. Appellant received a notice dated August 26, 2008 from the Appellee, the Pennsylvania Department of Transportation, Bureau of Driver Licensing, informing her of her suspension. A true and correct copy of the notice of license suspension is attached hereto as Exhibit W. 4. Appellant objects to this license suspension on grounds that she believes her license to have been valid at the time this citation was issued. 5. Appellant submits that she has likewise appealed her conviction under the subsection which was entered in absentia by the Magisterial District Court on August 18, 2008 and that the outcome of her summary appeal will provide ample evidence that the entry of a suspension is improper. A certified copy of the Notice of Appeal is attached hereto as Exhibit "B". 6. 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, to the extent the statute permrts. WHEREFORE, Appellant Alicia A. Lopez, 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: September 23, 2007 By: Natha If, Esquire 10 W iQh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: AUGUST 26, 2008 ALICIA A LOPEZ WID * 082329283247984 001 308 TICHEY DR PROCESSING DATE 08/19/2008 DRIVER LICENSE # 25951466 MT HOLLY SPGS PA 17065 DATE OF BIRTH 06/13/1981 Dear MS. LOPEZ: 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 0811812008 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 07/16/2008: r¦ Your driving privilege is SUSPENDED for a period of 1 . YEAR(S) eff•ect-iV6 09/30/2008 ` 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 09/30/2008. You may surrender these items before, 09/30/2008,. 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. Y-au 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. ? l r E--* 6A- N 082329283247984 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. 082329283247984 PROVIDING PROOF OF INSURANCE r Within the last_ 30 days of your suspension/revocation, we will send you a letter as ing 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 ed at the end of this letter. *:APPPEEAL ou have the right to appeal this action to the Court of ommon Pleas. (Civil Division) within 30 days of the mail date, AUGUST 26, 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 certif?'Pd of ,the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief. Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 J -' f Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 09/30/2008. Sincerely, $ D FEE/LICENSE/DL-16LC/T0: Depar ment of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 4::::ir Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION (8:00 IN STATE OUT-OF-STATE TOD IN STATE TOO OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summ r rim' 1 Con ?c io Name and Address of Defendant: Alicia A Lopez 308 Tichey Drive Mt. Holl S rings, PA Zip 17065 Signature Name and Address of District justice: Vivian Cohick PO Box 155 Newville PA Zip 17241 Magisterial District No. 09-3-02 Decision of District Justice: Guilt in absentia Date of Decision 8/18/08 Offense(s) Appealed Exceeding speed limit/ Driving under suspension 75 3362 75 1543 A Name and mailing address of officer as shown on citation or complaint Trooper Adam Kline Carlisle State Police 1538 Commerce Ave., Carlisle, PA 17015 District Justice Docket No. TR-2550-08/TR-2551-08 Citation No. Q0680497-6/Q0680498-0 if sentence includes fine and costs, amount of which paid: Type or amount of bail furnished to District Justice, if any: c? Name and Address of Attorn0y;- ' (signature) N (print name) Na an C. W t N 10 W. High Street o (address) Carlisle, PA Phone: (717) 241-4436 Atty.I.D.# Zip 17013 87380 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. tnTestim?onyhere-oi,Th?u had been filed in the above captioned matter. and seal of s C r Carlisle. P This of 2 I 11A ler of the Court bedandCoungbi C K F COURTS ? ti...?..n r .. ?! .. .. ?s`ec;fi _ .. .. d'.°t +/aiwwn?•'.1 tryrww?rrat?.r.W... a.r.... . ,. ?' .. . '.... {.:.. .7 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR APPELLANT ALICIA A. LOPEZ : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008- CIVIL TERM COMMONWEALTH OF - PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSE SUSPENSION APPEAL LICENSING Appellee 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: S R CE Rv ['FRTIFIED MAC : Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 171042516 Date: Z 1 lf, Esquire gh Street Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Appellant Q SFP 2 4 2008 &7 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR APPELLANT ALICIA A. LOPEZ 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- 64;x7 CIVIL TERM a7 LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW this ;I r `day of September, 2008, upon consideration of the instant Appeal, it is hereby ordered and decreed that this matter be scheduled for hearing on the 1?77day of V"*J , 2008 at I: M o'clock, 4.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, pending this Court's resolution of this appeal. BY T I /cc- A Department of Transportation, Office of Chief Counsel ZNathan C. Wolf, Esquire For the Appellant 34? ? co •C 1.18 6Z d3S BOOZ J',..iJ.- d 3Hl ?Q NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR APPELLANT ALICIA A. LOPEZ Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-5627 : LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE NOW comes the appellant, Alicia A. Lopez, by her attorney, Nathan C. Wolf, Esquire, and presents this motion for a continuance of the December 1, 2008 hearing, representing as follows: 1. On or about, July 16, 2008, Appellant allegedly violated section 75 Pa C.S. 53362 §§.A1-19 and 75 Pa C.S. §1543 §§A. 2. Appellant received a notice dated August 26, 2008 from the Appellee, the Pennsylvania Department of Transportation, Bureau of Driver Licensing, informing her of her suspension. 3. On or about September 23, 2008 Appellant filed an Appeal of Driver's License Suspension and a hearing was scheduled before the Honorable Judge Guido on December 1, 2008, at 9:30 a.m. 4. Appellant seeks to postpone said hearing to an available date in January 2009 as her summary appeal has been postponed but no date has been scheduled and the outcome of the summary appeal may render this action moot. 5. There have been no prior continuances in this case. 6. The Commonwealth, Department of Transportation, in the person of Phillip Ni Briclmell, Esquire, was contacted by Appellant's counsel and does not oppose Appellant's motion to continue. 7. The relief requested would advance the interests of justice and would permit the opportunity to have a negotiated resolution of this matter, thus preserving judicial resources. WHEREFORE, the appellant, Alicia A. Lopez, respectfully requests this Honorable Court continue her hearing scheduled for December 1, 2008, at 9:30 a.m., to a date in January 2009, along with any additional relief the Court deems appropriate and just. Respectfully submitted, WOLF & WOLF Dated: Novembert,2008 By: Nath . Wgfl; Esquire 10 est Hii Street Car ' ,`PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Appellant VERIFICATION I, the undersigned counsel for appellant, verify that the statements in the above motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. November, 2008 Na a . Wolf Attorney for Appellant NATHAN C. WOLF, ESQUIRE WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013-2922 (717) 241-4436 SUPREME COURT I.D. No. 87380 ATTORNEY FOR APPELLANT ALICIA A. LOPEZ Appellant V. COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-5627 PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSE SUSPENSION APPEAL LICENSING Appellee CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, do hereby certify that I have this date served a copy of this motion upon the Commonwealth, Department of Transportation, by U.S. Mail to the following: Phillip M. Bricknell, Esquire PennDOT - Office of Chief Counsel Third Floor - Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 November / , 2008 Nath ni C.ffolf, Esquire 10 West High Street Carlisle, PA 17013-2922 PA Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Appellant Cw ? co E _ ? WOV 19 2008 ALICIA A. LOPEZ Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-5627 LICENSE SUSPENSION APPEAL ORDER OF COURT NOW, thisj).0?dayof Allowj?' 2008, on motion of Nathan C. Wolf, Esquire, attorney for Defendant, the hearing scheduled for December 1, 2008 at 9:30 a.m. in the above-captioned matter is hereby continued to T62!!!!2f ' , 200f at X&O , ? m. in Courtroom--'7in the Cumberland CountyCourthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania. the Court, Edward E. Guido, J. distribution: PA Department of Transportation, Office of the Chief Counsel ./Nathan C: Wolf, Esquire For the Appellant ? ? a cla$ r 1 :;1 t, IV 1 Z 3?() 3q 6002 3HI JO I TH ALICIA A. LOPEZ, Petitioner V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5627 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 9th day of January, 2009, by agreement of the parties, this matter is remanded to the Department for further action. By the, , Edward E. Guido, J. ` Philip Bricknell, Esquire For the Respondent ./Nathan C. Wolf, Esquire For the Petitioner srs (2 s m? P //1309 S 1 '8 WV € i NVr 6061 ,tWlGN.t'r-1?Odd 3HI JO 301±410-031H