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Home My WebLink About08-6865IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY ANDREA MARIE GUTTING, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent TO THE HONORABLE JUDGES OF SAID COURT: NO: 2008 G N ? l 4",rt, LICENSE SUSPENSION APPEAL AND NOW COMES, Petitioner, Andrea Marie Gutting, by and through her attorney David E. Hershey of Colgan Marzzacco, LLC, who makes the following averments in support of this License Suspension Appeal: 1. Petitioner, Andrea Marie Gutting, is a licensed driver and a Cumberland County resident with an address of 400 Independence Ct., Mechanicsburg, Pennsylvania 17050. 2. Respondent, The Department of Transportation, Bureau of Driver Licensing, has a mailing address of 1101 South Front Street, Harrisburg, Pennsylvania 17104. 3. Petitioner received a notice, with a mail date of November 5, 2008 from Respondent with a proposed ninety (90) day license suspension for an alleged violation of §3362 of the Vehicle 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 one or all of the following reasons: a. The underlying summary conviction is pending on appeal in the Cumberland County Court of Common Pleas; b. The proposed suspension is otherwise in violation of the Vehicle Code and/or case law. WHEREFORE, Petitioner prays that Your Honorable Court approve the attached 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. Date: Respectfully submitted, David E. Hershey, Esquire COLGAN MARZZACCO, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 Exhibit "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 05, 2008 ANDREA MARIE GUTTING WID # 083039283510281 001 400 INDEPENDENCE CT PROCESSING DATE 10/29/2008 DRIVER LICENSE t 29139228 MECHANICSBURG PA 17050 DATE OF BIRTH 10/23/1990 Dear MS. GUTTING: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1538E of the Pennsylvania Vehicle Code. As a result of your 10/28/2008conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXIMUM SPEED, on 10/17/2008: ¦ Your driving privilege is SUSPENDED for a period of 90 DAY(S) effective 12/10/2008 at 12:01 a.m. Pg o_ ¦ PennDOT is required by Section 1535 of the Pennsylvania Vehicle Code to assign 5 points to your driving record. a A?Ec.\5 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 12/10/2008. You may surrender these items before, 12/10/2008, 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. 083039283510281 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, NOVEMBER 05, 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 12/10/2008. Sincerely, 4:: (?- , - Z g On) 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 TOO OUT-OF-STATE 717-412-5380 ,. s 083039283510281 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: 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. VERIFICATION I, Andrea Gutting, verify that the statements made in this document 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. §4904, relating to unworn falsification to authorities. Date: 11 / L 1G? x OsyAtuli . Andrea Gutting CERTIFICATE OF SERVICE On the ?y of November, 2008, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by regular U.S. Mail, First Class, as follows: Philip Bricknell, Esq. Pennsylvania Department of Transportation Office of Chief Counsel 1101 S. Front Street Harrisburg, PA 17104-2516 Date: Davi E. Hershey, Esquir COLGAN MARZZACCO, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 c? `:? n .... ?a k 9 3 . I NOV 212008( IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY ANDREA MARIE GUTTING, Petitioner V. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent NO: (08(0,5 2008 C iv i l T rw, LICENSE SUSPENSION APPEAL ORDER AND NOW, this day of November, 2008, upon consideration of the Petitioner's Appeal filed in the above captioned matter, this matter is hereby scheduled for a hearing on the day of , 200f, at "#0o'clock in Courtroom No. 3 Pursuant to §1550 of the Vehicle Code, a supersedeas is hereby granted. The Department of Transportation is directed to stay the proposed ninety (90) day suspension as outlined in its official notice of November 5, 2008 until such time as this matter can be decided on its merits. the Court: J. 5 Distribution: Philip Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 S. Front St., Harrisburg, PA 17104 ?? ?s?od David E. Hershey, Esquire, 130 W. Church St., Ste. 100, Dillsburg, PA 17019' Court Administrator Z P ?.y ?,. -vr 11? :8 6iv Si .o HE ANDREA MARIE GUTTING, Petitioner V. COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: BUREAU OF DRIVER LICENSING Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6865 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. I Edward E. Guido, J. Philip Bricknell, Esquire /For the Respondent ., David E. Hershey, Esquire For the Petitioner srs C0 P ? £S rnZz i LL 91 :8 WV £ I Nvf fiooz l&iON h-L Ud 3HI ?O 3012jo-am