HomeMy WebLinkAbout09-0136r
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JESSICA J. BRIGGS ,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2009- I3~ CIVIL TERM
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, :APPEAL FROM DRIVER'S LICENSE
Respondent :SUSPENSION
PETITION FOR APPEAL
Petitioner, Jessica J. Briggs, by her attorneys, Martson Deardorff Williams Otto Gikoy &
Faller, sets forth the following:
1
Petitioner is Jessica J. Briggs, an adult individual residing at 915 Grantham Road,
Grantham, PA 17027.
2
On December 29, 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 January 15, 2009. 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 submitted,
Date: l ~ ~ ~-C-L. • /`~
Katie J axwell, Esqui e
Martson Deardorff Williams Otto Gilroy & Faller
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorney for Petitioner
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JANUARY 05, 2009
JESSICA JEAN BRIGGS WID * 083646746168988 001
915 GRANTHAM RD PROCESSING DATE 12/29/2008
P 0 BOX 168 DRIVER LICENSE t 28447618
GRANTHAM PA 17027 DATE OF BIRTH 02/02/1989
LICENSE IN BUREAU
Dear MS. BRIGGS:
As a result of your violation on 09/07/2008 of violating
Section 6308 (offenses related to alcohol), your driving
privilege is being SUSPENDED for a period of 90 DAY(S) as
mandated by section 1532D of the vehicle code.
The effective date of suspension is Oli15i2009, 12:01 a.m.
This suspension is in addition to any other suspensions al-
ready on your record.
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 in-
surance 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, JANUARY 05, 2009, of this letter. If you file an ap-
peal 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 certi-
fied 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
.1~'~ - -~
083646746168988
Remember, this is an OFFICIAL NOTICE OF SUSPENSION.
Sincerely,
~~ ~~~
Janet L. Dolan, Director
Bureau of Driver Licensing
I_NFORMATION 8:00 a.m. to 6.00 a m
IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676
OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380
WEB SITE ADDRESS www.dmv.state.pa.us
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Sheriffs Office of Cumberland County
R Thomas Kline F ~~il° "r ';,~;
Sheriff ,~ f~
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Ronny R Anderson ~'~~ ~'~~` Z~~~ ~t"
Chief Deputy ~~ = ` -~' L ~ ~ J~ 1~ `~ ~ ~: I~ j~
Jody S Smith C~~1-~~
Civil Process Sergeant o~'~ ~=~~~~ ~~C ~.f;~ti~,~~,,~ J'+ '~~,1T`t~
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Edward L Schorpp
Solicitor
09 ~ 5U Py"
Borough of Marysville
vs.
George Vazquez
Case Number
2009-136
SHERIFF'S RETURN OF SERVICE
08/03/2009 05:12 PM -Michelle Gutshall, Deputy Sheriff, who being duty sworn according to law, states that on
August 3, 2009 at 1632 hours, she served a true copy of the within writ of execution, upon the defendant,
to wit: George Vazquez, by making known unto Charlotte Vazquez, at 1016 E Lisburn Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was
completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 08-04-09.
09/14/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned
STAYED, per request from plaintiff.
SHERIFF COST: $109.30 ~ q~isfo~ ~-_
September 14, 2009
SO ANSWERS,
~-~~
R THOMAS KLINE, SHERIFF
B
aron R. Lantz