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HomeMy WebLinkAbout11-5763Irv `Tt?r 000k 1 0F ?Udnnnvn? P?- EA ?v-121-1?N© a y, P EN AJS y ?-- tr A N i A C ti !? G-r z 4,; - A l l - ?rl (03 C??;l-ret'r? C -0 -? 6 ,0 N,(,r f y 4- V t1 N 7h v 104 i I ' () C.k h e (yo, J,c yr ?!a lYl ?' 1? lv 1j C /? &Ct 6Grp /r`'Ci C iv Lrtia C 49d.oo Po ptr-r OM14 ?o8,aalo -F--- :7 -- ? 9 ?- / ? IN THE COURT OF COMMON PLEAS OFIuM (AncL COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Appellant V. A.D. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Appellee CERTIFICATE OF SERVICE - HEARING NOTICE I, R 0Sf- M - Fr Y e- -, Petitioner in the above-captioned case, hereby certify that I served a true and correct date-stamped copy of the Order scheduling a Hearing on my Petition for Appeal by certified mail, return receipt requested on , 2b to the Commonwealth of Pennsylvania, Department of Transportation. The return receipt signed by a representative of the Pennsylvania Department of Transportation is attached hereto. XqA Appellant, Pro Sef sagnature) 117 -)9-II Date N THE COURT OF COMMON PLEAS OF C4jmj3Eie..W 1DCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW Appellant V. A.D. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Appellee CERTIFICATE OF SERVICE - APPEAL PETITION o Q ?1, 1-r y _,Petitioner in the above-captioned case, hereby certify that I served a true and correct date-stamped copy of my Petition for Appeal by certified mail, return receipt requested on 20L- to the Commonwealth of Pennsylvania, Department of Transportation. The return receipt signed by a representative of the Pennsylvania Department of Transportation is attached hereto. Appellant, Pro Se gnature) r] ?Ci'i? Date VERIFICATION 9 0 S C M, Ff IV e- verify that the statements made in this Petition for (N! Appeal are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to Unsworn Falsifications to Authorities. Appellant, Pro Se (si ture) '7- IR -/I Date IN COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 27, 2011 ROSE MARIE FRYE WID # 111716123670890 001 2 COOPER CIRCLE DR PROCESSING DATE 06/20/2011 DRIVER LICENSE * 20646781 CARLISLE PA 17015 DATE OF BIRTH 11/24/1964 Dear MS. FRYE: This is an Official Notice of the Suspension of'ylMr Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 05/29/2011: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/01/2011 at 12:01 a.m. 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 08/01/2011. You may surrender these items before, 08/01/2011, 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 $13.50. You must present two (2) forms of proper iden- tification (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. 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 nota- rized 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 111716123670890 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 con- firming the date that credit began. If you do not re- ceive 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 listen at the end of this letter. _ 3. If you do not return all current driver license pro- ducts, 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". APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 27, 2011, 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 111716123670890 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 08/01/2011. Sincerely, 9?-u ?-- Z w, On.) ."anet L. Dolan, Wrector Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.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 RHO-QFFIH F TtE E-' CTWCt1T',,'?'' 2,111 JU 22 AM 9: 29 CUMBERLAND COUNTY FENN SYL\-.'A NIA THE COURT OF Co,gmON PLEAS OFC-Um &UA?J0 COUNTY, PE1NPENNSYLVANIA CIVIL ACTION - LAW (?aSz (r 1-r l- 57!03 Te 4 Appetlant.l). V. COMMONWEALTH OF PENNSYLVANIA, pp DEPARTMENT OF TRANSPORT ON Iee ax, 2R PER * ? day ? of , 20 1 1 ___,upon presentation and. AND NOW, this 4f consideration of the within Petition, it is hereb ORDERED and DECREED that a Hearing on the Appeal . %1,01K o'clock -P-m- shall be held on the JJ day of P A ra, _oft eGurnt3E?LA?•?Q? COUNTY CavrfKV"Se ackrliSle' lriD1"3. It is further ordered that the Appellant shall serve this notice upon the Commonwealth of Pennsylvania. Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, by certified mail, return receipt requested, within ten (10) days. Appellant shall file a Certificate of Service with the Prothonotay. It is further Ordered and Decreed that the instant Appeal shall act as a supersedeas sa that the the outcome of the within Appeal; unless Appellant shall retain Appellant's operating priN„ileges pending the appeal is from a suspension or cancellation of a driver's license under Sections 1 -5503 (relating to persons ineligible for licensing; license issuance to minors, junior driver's license); 1503 g classes of licenses), 1509 (relating to qualifications for school bus driver endorsement), 1514 (relating to 571 expiration and renewal of driver's licenses), 1519 (relating to determination of incompetency) shat not (relating to cancellation of driver's license). hi such cases the filing of the Petition for Appeal" auto mn t;ically act as a supersedeas. ?1 cue M Fr e Npo PA to o(?`C'ram By? rder t urt: J. 3 ROSE MARIE FRYE, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2011-5763 c LICENSE SUSPENSION APPL -c rn C:, .i- MOTION FOR CONTINUANCE The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing ("Department"), by and through its attorney, Philip M. Bricknell, respectfully represents as follows: The Department sent Rose Marie Frye,O.L.N. 20646781, a notice, mail date June 27, 2011, informing her that as a result of the her violation of Section 1547 of the Vehicle Code (relating to chemical testing to determine amount of alcohol or controlled substance) on May 29, 2011, the petitioner's driving privilege was being suspended for a period of 1 year as mandated by Section 1547(b)(1)(i) of the Vehicle Code. 2. The Petitioner filed an appeal of the above mentioned suspension in the Court of Common Pleas of Cumberland County. 3. A hearing in the matter is scheduled for September 15, 2011, at 1:30 p.m. in Courtroom Number 3 of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The Petitioner's operating privilege has been restored pending appeal pursuant to Section a.? r-; CJ , C) 1550 of the Vehicle Code. 5. The undersigned counsel requests the continuance due to a scheduling conflict. 6. The undersigned counsel contacted Petitioner Rose Marie Frye, and she does not object to the granting of a continuance in this matter. 7. The undersigned counsel respectfully requests that the hearing of this matter be rescheduled. WHEREFORE, the Department respectfully requests that the Department's Motion For Continuance be granted and that the aforesaid hearing be continued and rescheduled. Respectfully submitted, Date: August 15, 2011 Philip M. Bricknell Assistant Counsel Office of Chief Counsel Riverfront Office Center 1101 South Front Street. Harrisburg, PA 17104-2516 (717) 787-2830 ROSE MARIE FRYE, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. 2011-5763 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent : VERIFICATION I verify that the statements made in the Motion for Continuance are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Philip M. Bricknell Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: August 15, 2011 ROSE MARIE FRYE, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. 2011-5763 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent : CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion for Continuance upon the person, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: By first class mail, prepaid, addressed to: Rose Marie Frye 2 Cooper Circle Drive Carlisle, PA 17015 Philip M. Bricknell Assistant Counsel Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 (717) 787-2830 DATE: August 15, 2010 ROSE MARIE FRYE, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. 2011-5763 COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this day of _ 2011, upon consideration of the Department's Motion to Continue, the Motion is hereby GRANTED, and the Matter is Continued and rescheduled for hearing on the T' day of A 00? 2011 at g:36 A.m. in Courtroom No Pennsylvania. 3, Cumberland County Courthouse, Carlisl6 C G n rnco Mw C 2? BY THE COURT vz-,r '9 G -fly ?a Pon 3 x 41 c? 5;c- L) rr} J. DISTRIBUTION: /Philip Bricknell, PennDOT, Riverfront Office Center-3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 i/ Rose Marie Frye, 2 Cooper Circle Drive, Carlisle, PA 17015 Coos f aid s