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Home My WebLink About10-1611OF T ELPD v*1 CTARy Terrence J. McGowan, Esquire Attorney I.D. #39129 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 (717) 238-0592 (fax) JENNINA M. VERRECCHIO V. 1010MAR -9 Arf 9: C4 Attorneys For Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA : DOCKET NO . COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, this 5`h day of March, 2010, comes Petitioner/Appellant, Jennina M. Verrecchio, by and through her attorney, Terrence J. McGowan, Esquire, who pursuant to 75 Pa.C.S.A. §1550 files this Petition For Appeal from an Order of the Commonwealth of Pennsylvania, Department of Transportation, suspending Petitioner/Appellant's driving privilege, and in furtherance thereof, avers the following: °° d°#y s L ? SSoIK 1 1. Petitioner is Jennina M. Verrecchio, an adult individual who resides at 91 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 2. Petitioner possesses a currently valid Pennsylvania operator's license number 19330941. 3. By letter dated February 26, 2010, the Pennsylvania Department of Transportation notified Petitioner that as a result of her conviction dated February 18, 2010, for violating Section 3362 of the Vehicle Code, (Exceeding Maximum Speed), that her driving privileges are being suspended for a period of fifteen (15) days. A copy of the Notice of Suspension is attached hereto as Exhibit "A" and is incorporated herein by reference. WHEREFORE, pursuant to 75 Pa.C.S.A. §1550, Petitioner/Appellant respectfully requests that this Honorable Court grant her an appeal of the foregoing Petition for Appeal of Order Suspending Driving Privilege, and to order that the Pennsylvania Department of Transportation's Order suspending Petitioner's driving privilege be stayed pending the Hearing in this matter. Respectfully submitted, KILLIAN & GEPHART, LLP L Dated: March 5, 2010 Terrence J. Mc wan, E ire Attorney I.D. #39129 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dates FEBRUARY 26, 2014 JENNINA M VERRECCHIO WID # 100509283851047 001 91 MILLERS GAP RD PROCESSING DATE 02/19%2010 DRIVER LICENSE # 19330941 ENOLA PA 37025 DATE OF BIRTH 0.5/16/1961 Dear_.M. S. VERRECCHIO:; * PennDOT is required by law to assign 04 points to your driving record, This is an O'fficia'l Notice of the Suspension of Your Driving Privilege as authorized by Section 15.35E of the Pennsylvania Vehicle Code. Section 1535E imposes a mandatory suspension for certain violations that occur in a Work Zofte. As a result of your 02/18/2010 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXIMUM SPEED, on 02/04/2010; Your driving privilege is SUSPENnED for a p'eriod' of 15 days effective 04/02/2010 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 04/02/2010. You may surrender these items before, 04/02/2010, for earlier credit; however; you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE rOR IDENTIFICATION PURPOSES.. However, You may ' apply for and obtain a photo identification card at any Driver' License Center for a cost of $12.00: 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. EXHIBIT "A" 100509283851047 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, 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. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge Your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 100509283851047 PROVIDING PROOF OF INSURANCE You must provide proof of insurance to PENNDOT to be restored. Please provide a copy of one of the following to show that all motor vehicles registered in your name are insured. *Insurance ID card *Declaration page of your insurance policy *Insurance Binder *An application of insurance to the PA Auto Insurance Plan If you do not own a motor vehicle currently registered in Pennsylvania, send a signed statement of this fact to PENNDOT which reads "I do not own any motor vehicles currently registered in Pennsylvania". Please include your name, address, driver's license number and date of birth on the statement. 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 ac't'ion to the Court of Common Pleas (Civil Division) within 30 days of the mail date, FEBRUARY 26, 2010, 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 cent1fied..copy'-..af, t-he ap`peaZ.....bY.-cert,ifi.ed .mail---- .ta". 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 D4/02/2010. • .- r 100509283851047 SincerelY, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. IN STATE- 1,-80a-932-46-0.0 TDO IN STATE.._......_. 1-800-228-067.6 ..... ... ...... OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us CERTIFICATE OF SERVICE On this 5' day of February, 2010, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Commonwealth of Pennsylvania Department of Transportation Office Of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 KILLIAN & GEPHART, LLP ?' Yn Terrence J. Mc wan, uire Attorney I.D. 439129 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 JENNINA M. IN THE COURT OF COMMON PLEAS OF VERRECCHIO CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION NO. 10-1611 CIVIL TERM n ORDER OF COURT r AND NOW, this 11th day of March, 2010, upon consideration of qhe Petition for Appeal of License Suspension, a hearing is scheduled for Wednesday, May 19, 2010, at 2:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. APPELLANT IS ORDERED to file and serve upon Appellee a supplement to the petition indicating in what respect the suspension is unlawful. This supplement must be filed within 20 days of the date of this order. If such a supplement is not timely filed, the appeal will be deemed automatically dismissed. BY THE COURT, i esley Oler, , J. ?ence J. McGowan, Esq. jr 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 Attorney for Appellant ilip Bricknell, Esq. Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 :rc ~, 2Q1~ ~i~Y 13 Phi 2: 49 cucY~ i~~;r~`rSY~,ir~~~tu~ ,~'Y ORDER AND NOW, upon consideration of the foregoing Amended Motion For Terrence J. McGowan, Esquire Attorney I.D. #39129 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 (717) 238-0592 (fax) JENNINA M. VERRECCHIO v. Attorneys For Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA DOCKET NO. 10-1611 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER' S LICENSE DEPARTMENT OF TRANSPORTATION :SUSPENSION APPEAL Continuance, IT IS HEREBY ORDERED AND DECREED that the Hearing in the above-captioned matter is continued until the ~q ~ day of , 2010, at `• ~' o'clock a, .m. to determine whether the Order of the Department of f Transportation should be set aside. IT IS FURTHER ORDERED that the Pennsylvania Department of Transportation's Order suspending Petitioner's driving privilege be stayed pending the Hearing in this matter. By The Court: D'stribution: ~ilip Bricknell, Esquire, PennDOT, Office of Chief Counsel, Third Floor Riverfr ont Office Center, Harrisburg, PA 17104 ~rrence J. McGowan, Esquire, 218 Pine Street, Harrisburg, PA 17101 ~'J ~ ES' ~rt~t (.~.CC, ~f 1310 ~~ JENNINA M. VERRECCHIO, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 10-1611 CIVIL TERM ORDER AND NOW, this 29~' day of July, 2010, the appeal filed in the above referenced matter is: ~'' <~i a+ M ~~ . +td -~ - - ~~ ~; - -_a ~~{. ~.n ~~ . ~Lr~ _; . __+ , ...__. .~,y~ ~~. • ~ .- ~, N ~ X REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED AND RESCHEDULED FOR THE DAY 2010, AT _.m., IN OF COURTROOM/HEARING ROOM NO. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA. St. errence J. McGowan, Esq., Killian & Gephart, LLP, 218 Pine Street, P.O. Box 886, Harrisburg, PA 17108-0886 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Co ~•~s 7 ~4/~0 rr.~~~ BY THE COURT: