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Home My WebLink About11-6469rT1,ON0TA L ? 1 AlI G 15 P!# 2: 1 IN THE COURT OF COMMON PLEAS ,, tri P r t_,1.?,; ?RLAhD COUNTY CUMBERLAND COUNTY P E Ni N S Y l.VA N, i A JENNIFER M. HILBISH, Petitioner V. NO: ??. UH Uq NVl( COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL TO THE HONORABLE JUDGE OF THE ABOVE SAID COURT: AND NOW COMES, Petitioner, Jennifer M. Hilbish, by and through her attorney David E. Hershey of Colgan & Associates, LLC, who makes the following averments in support of this License Suspension Appeal: Petitioner, Jennifer M. Hilbish, is a licensed driver and a Cumberland County resident with an address of 409 Darla Road, Mechanicsburg, PA 17055. 2. Respondent, The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing has a mailing address of 1101 South Front St., Harrisburg, PA 17104. 3. Petitioner received a notice, with a mail date of August 11, 2011 from Respondent with a proposed ninety (90) day license suspension for an alleged violation of §6308 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 some or all of the following reasons: 1 Qn?? ?qa,w Pd a?1 ? c? a. A timely appeal of the underlying summary conviction of Purchase Etc. Alcohol By A Minor, which gave rise to the suspension, is currently pending before the Court of Common Pleas in Chester County and has not yet been scheduled for a hearing. See "Exhibit B" attached hereto, and incorporated herein by reference. b. The suspension is otherwise in violation of the Vehicle Code and/or case law. WHEREFORE, Petitioner prays that Your Honorable Court grant 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. Respectfully submitted, Date: David E. Hershey, Esqui e COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 2 VERIFICATION The undersigned, on behalf of my client, Jennifer M. Hilbish, 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 unsworn falsification to authorities. Respectfully submitted, COLGAN & ASSOCIATES, LLC 1-7 Date: 2 David E. Hershey, Es ire 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: AUGUST 11, 2011 JENNIFER MICHELLE HILBISH WID # 112166746514378 001 409 DARLA RD PROCESSING DATE 08/04/2011 DRIVER LICENSE # 29456064 MECHANICSBURG PA 17055 DATE OF BIRTH 06/27/1991 Dear MS. HILBISH: As a result of your violation on 01/29/2011 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 09/15/2011, 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 09/15/2011. You may surrender these items before, 09/15/2011, 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 identification (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 112166746514378 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. 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". 112166746514378 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, AUGUST 11, 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 09/15/2011. Sincerely, 9?k ?-- - Z g &") Janet L. Dolan, Director 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 TOO OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us Exhibit "B" Name and mailing address of affiant as shown on citation or complaint: Matthew Paris West Chester University PD De artment of Public Safe 690 South Church Street West Chester, PA Zip: 19383 Name and mailing address of issuing authority: Magisterial District Court 15-2-06 Judge Rita A. Arnold 441 Boot Road, Suite 200 Downingtown. PA Zip: 19335-2603 Phone No: (6101269-5250 If sentence includes fines, costs or restitution, amount paid, if any: $50.00 Type or amount of bail or collateral furnished issuing authority, if any: Name and aI=- n a notice of appeal (signaturad ' (printed name) Edwin L. Guyer, Esquire 790 Perillvn Pike. Suite 302 Blue Bell, PA Zip: 19422 Supreme Court ID No: 17980 Phone No: (2151 542-9333.,f;ax NoJJ15) 542-1036 NOTICE TO DEFENDANT: Fn If your appeal is from a motor vehicle conviction other than parking, have the clerk of courts certify thi ORy a4rnall the following address: =c PennDOT -? Q'f'i Correspondence Unit )> --{ 0 P.O. Box 68618 .01 -_j Harrisburg, PA 17106 1 hereby certify that an appeal has been filed in the above-captioned case. ?---Clerk-of-Eburts d AOPC 2026 REV. 06/27/2008 06/27/2008 1:30:OOPM A sentence of guilty and fine and costs in the amount of $438.50 was imposed on 07108111. Offense(s) of which convicted: 66308(a), Purch Etc Alcoh Bev By A Minor Grounds relied upon for appeal (except when the appeal is from a guilty plea or a conviction): Date of entry of guilty plea, the conviction, or other final order from which appeal is taken: 07/08/ 11 CERTIFICATE OF SERVICE On the day of August, 2011, 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: George Kabusk, Esq. Office of Chief Counsel Department of Transportation 1101 S. Front Street Harrisburg, PA 17104-2516 Date: I I--- J David E. Hershey, Esquire COLGAN & ASSOCIATES, LLC ID No.: 43092 130 W. Church St., Ste. 100 Dillsburg, PA 17019 (717) 502-5000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JENNIFER M. HILBISH, Petitioner V. No: ?1- U H o b 0 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL ORDER AND NOW, this /, day of 2011, upon consideration of the Petitioner's Appeal filed in the above captioned matter, this matter is hereby scheduled for a hearing on the#2;-,, o day of , 2011, at .m. in Courtroom.= of the Cumberland County Courthouse located at 1 Courthouse Square, Carlisle, Pennsylvania. Pursuant to § 1550 ofthe Vehicle Code, a supersedeas is granted. The Department is directed to stay the proposed suspension until this matter is decided on the merits. BY COUR V' (? 1CJ t , M fir. ' t 00P? s(?'l'rrh a Distribution: ? George Kabusk, Esq., Office of Chief Counsel, PennDOT, 1101 S. Front St., Harrisburg, PA 17104 ? David E. Hershey, Esquire, 130 W. Church St., Ste. 100, Dillsburg, PA 17019 JENNIFER M. HILBISH, Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, NO. 11-6469 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this A day of January, 2012, the appeal filed in the above-captioned matter is REMANDED to the Department of Transportation for correction of its records. Attest: G-7 c "* I := f i rnca C_ Z BY TH N ?-t P p 3C ors ? 77 .,.., rv ? David E. Hershey, Esq., 130 West Church Street, Suite 100, Dillsburg, PA 17019 Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516