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HomeMy WebLinkAbout08-7095MEREDITH A. LINGENFELTER Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 7( ?S CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION PETITION FOR APPEAL Petitioner, Meredith A. Lingenfelter, by her attorneys, Martson Deardorff Williams Otto Gilroy & Faller, sets forth the following: 1 Petitioner is Meredith A. Lingenfelter, an adult individual residing at 236 Winding Way, Camp Hill, PA, 17011 2 On November 7, 2008, the Director of the Bureau of Driver Licensing for the Pennsylvania Department of Transportation suspended Petitioner's operating privileges for a period of ninety days effective December 19„ 2008. A copy of the Suspension Notice is attached hereto and marked as Exhibit "A". 3 The Order suspending Petitioner's license as set forth on Exhibit A is illegal, arbitrary, unreasonable, an abuse of discretion, contrary to law, untimely issued, and a violation of the Petitioner's Constitutional Rights. 4 Petitioner seeks a de novo Hearing to determine whether the license suspension is appropriate. WHEREFORE, the Petitioner requests this Honorable Court to set a hearing to address the issues raised in this Petition. Respectfully s bmii/tt? Date: Katie J. M ell, Esquire Martson Deardorff Williams Otto Gilroy & Faller Attorney for Petitioner DEC,-02-2008 03:32 PM MAIL-ROOM 717 975 9993 P.02 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 149 2008 MEREDITH ANN LINGi NF£LT£R WID # 083126116052654 GUL 236 WINDING WA'( PROCESSING DATE 11/07/2DO8 DRIVER LICENSE I 287529S6 CAMP HILL PA 17011 DATE OF BIRTH 11/03/1489 ?4j 4N..Q j, N F E L. T E R. As a result of your violation on 07/15/2008 of violating Section 6308 (offenses related to al,cohol), Your driving privilege is being SUSPENDED for a period of 90 DAY(S) as inandated by section 1532D of the vehicle code. The effective date of suspension is 12/19/2008, 12:01 a.m. Before PennDOT (.an restore your driving privilege; you must follow the instructions in this letter for COMPL.Y)MG 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 pri.v- iLege until all the requirements are satisfied. J_..Ihj % SUSPENSION MP"J„.j , -__W_I_Z? You most return au current Pennsylvania driver's linen es, learner's permits, temporary driver's licenses (camera cards) in your possession an or before 12/19/2008.. 'fau may Surrender, these: items before, 12/19/2009, for earlier credit; however, you may not drive after these items are YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and abta;in zs photo identification card at any Driver License Center for a cost of 610.00. You must present two (2) forms of oroper iden- tification (e.g., Mirth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain ?rour photo identification ciard. You will not receive credit toward serving any rsuspeneion until We receive your license(s). Complete the following 5ters to acknowledge this suspension. Return all. current Pennsylvania drives°'s, licenses. Xearner15 permits and/or camera cards to F'ennLIUT. [f you do not have any of these items, send sworn nota° Exhibit "A" DEC,02-2008 03:32 PM MAIL-ROOM 717 975 9993 P.03 083126116052654 rized letter- stating you are aware of the yua::uenzion of your driving privilege. You must specify in vacjr letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identificatiun purposes. Please send these :.trams to: Pennsylvania Department of Trar%nartation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 and acceptance of your, p. M rt±:fie.::, driver's license(s), learner's permit(s), and/or a sworn notarized lett:err PennDOT will send you a receipt con- firming the date that credit began. If yuu ev not re ceive a rece,lot from us within 3 weeks, Please contact our office!. Otherwise, you will not be given credit toward serving this suspension. PennDOT Phorte numbers are listed at the end of this letter. 3. If you do riot return all current driver l is enrie taro-- ducts, we. must refer this matter to the PLnngVlVJn1n State Pol ica for prosecution under SECT 1014 1571(a)(4) of the Pennslvania Vehicle Code. l.Y.JNG THE Re;ST(3RATION FEE You must pay j? restoration fee to PennDOT to boo restored from a suspension/revocation of your driving Privilege. To pay your restoration fee? complete the following steps: 1. Return the enclosed Application for Restarrrt:ion. The amount due is listed on the application. 2. Write your driver's license number (listed ors the first page) on the check or money order to enn,;re Propel credit. 3, Follow the Payment and mailing instructioris on the back of the application. UQ,V UNG_PRO©F C1F INSURANCE Within the last. 30 days of your suspension/revocation, we will send you a letter asking that you provide orOOf of in- surance at that time. This letter will list :acceptoble documents and what will be needed if you do not awn a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennDOT is notified if You move from your current address. You may notify PerriDOT of your :address change by calling any of the shun:: nunrberw listed at the end of this letter. DEC`02-2008 03:32 PM MAILROOM 717 975 9993 P.04 11833 26114052654 A IAL You have the right to appeal this action to the Court of CumK1011 Pleas (C.ivil Division) within 30 days sjf the mail date, NOVEMBER 144, 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- 100, your apps-al to be valids you must send this time-- s Fied copy of: the ;appeal by certified mail to: Pennsylvania Department of Transportation :. ?:.....ffi?4.1re ..?Af...:Mef 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 32,119/2008. Sincerely, Janet L. Dolan, Uj-nr..tor Bureau of Driver licpn3ing INFORMATION 8800 a.m. Q 6:00 ,p.m, IN STATE 1-800-932-4600 TDD IN STATE 1-800--229-067t; 381i OUT-OF-STATE 717-412-5300 TDD OUT-OF-STA111: 717-412-5 WEB SITE ADDRESS wy;dmv.state.ea.us CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Appeal was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip M. Bricknell, Esquire Assistant Counsel Governor's Office of General County Department of Transportation Office of Chief Counsel - Vehicle & Traffic Law Division River Front Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 MARTSON LAW OFFICES B ,0 Y M. Price Tch East High Street Carlisle, PA 17013 (717) 243-3341 Dated: IoZ 3/ 0 0 ?'\ t?) ?s r-... c:? c_T? ?.J 'f'? .t ? \ ?y ... 1 ?\ . W "'Chi ?? :t a+ ? t ?i w ? =_ :. GEEC 15-YZOWC, 3 MEREDITH A. LINGENFELTER Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. Ok" 76q! CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION COURT ORDER AND NOW, this day of 08, upon consideration of the foregoing Petition For Appeal from an Order of the Director of the Bureau of Driver Licensing, a hearing is granted de novo to determine whether the Petitioner is subject to the suspension of his operating privileges as set forth in the Petition. A hearing is sched led in Courtroom No. of the Cumberland County Courthouse on the 4A day of , 20 at mat which time the issues raised in this Petition will be heard. This appeal shall act as a supersedeas of the Suspension Order issued by the Department of Transportation on November 7, 2008 and relating to the suspension of Petitioner's license effective on December 19, 2008. Petitioner's counsel is directed to serve a copy of the attached Petition and this Order on the appropriates offices of the Pennsylvania Department of Transportation. BY THE CQ"T, Judge Cc: Katie J. Maxwell, Esquire Office of the Chief Counsel of Penn-DOT TIM 6 S :Z Wd 0 1 330 86OZ 3Hi Jo F:\FILEW ients\13153 Lingenfelter\13153.1.order\tde Revised: 12/29/08 11:38AM 10613.4 f B-l THE COi?T, J. MEREDITH A. LINGENFELTER Petitioner VS. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 7095 CIVIL TERM APPEAL FROM DRIVER'S LICENSE SUSPENSION ORDER AND NOW, this day of fiber, 2001, -27 upon the request of the Petitioner, the license appeal docketed to No. 2008-7095 is hereby dismissed. Distribution: ?t tie J. Maxwell, Esquire .? ilip Bricknell, Esquire COP I ?ls?oQ ?i?1 •r q'l Q wv C- P HE