The URL can be used to link to this page

Home My WebLink About04-4301SUSAN M. SPICHER Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ygo t CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant :LICENSE SUSPENSION APPEAL PETITION FOR APPEAL FROM LICENSE SUSPENSION AND NOW, comes Appellant, Susan M. Spicher, by and through his/her attorney, Robert J, Mulderig, Esquire, and files the following Petition: 1. Appellant is Susan M. Spicher, an adult individual who is currently residing at 1126 Rockledge Drive, Carlisle, County, Pennsylvania 2. On July 20, 2004, the Appellant was convicted of Reckless Driving by District Justice Gayle A. Elder, of Magisterial District 09-305. 3. On July 28, 2004, PennDot did suspend the Appellant's operating privileges for a period of six months. A copy of the notice is attached hereto. 4. On August 17, 2004, Appellant timely appealed the conviction to the Court of Common Pleas of Cumberland County (SA 131-2004). 5. Atrial date has not as yet been set in the summary appeal. 6. Pending said appeal the conviction is not final and therefore no suspension is allowable. WHEREFORE, for all the above reasons the Appellant, Susan M. Spicher, requests your Honorable Court to set a time for a hearing on the propriety of Appellant's license suspension after the summary appeal is concluded and, further, stay the imposition of this license suspension pending the results of said hearing and after said hearing reverse the suspension heretofore previously issued. Respectfully Submitted TURD LAW OFFICES ~/may/~ ~~~~ ~~~~ ~_ Date Robert J. ulderig, Esquir 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition For License Suspension are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 4~" Date Susan Sp her 1 ~,~V'c~ ~Y~S i W1 COMMDNWEALTH OF PENNSYLVANIA /j/~ ~ DEPARTMENT OF TRANSPORTATION 1C~lt~~" ~"' ~ Bureau of Driver Licensing _ Mail Date: JULY 28, 2004 ~ y SUSAN M SPICHER 1126 ROCKLEDGE DR CARLISLE PA 17013 Daar MS. SPILHfiR: This is an Official Notice Privilege as authorized by Vehicle Code. As a result violating Section 3736 of on 07/07/2004: WID • ~ 20392838811 00~~ PROCESSING DATE 07/21/200 4 DRIVER LICENSE # 22048866 F~ DATE OF BIRTH 02/03/1970 ~V: '"'v'~ ~`(~, it l/~ C~~~S~` . ~~~~ ~/ of the Suspension of your Driving~~~ Section 15328 of the Pennsvlvania~~~-~7i~, of your 07/20/2004 conviction of the Vehicle Code RECKLESS DRIVING ^ Yaur driving privilege is SUSPENDED foh a period of MONTH(S) effective 09/01/2004 at 12:01 a.m. ~ -q~ 5' 6 ~~w`~' 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 PRODF 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 satistled. 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 ar before 09/01!2004. You may surrender these items before, 09/01/2004, 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 far and obtain a photo identification card at any Driver License Center for a cost of 510.00. 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. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 042039283881133 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.D. 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)C4) 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. 042039283881133 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 w311 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, JULY 28, 2004, of this letter. If you ?ile 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 09/01/2004. Sincerely. Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (7:00 AM TO 9:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-391-6190 P.0. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-391-6191 ~~ ~--, r~ ~ o ~--. r- ~.~ -„ r /~ ~ ;: --i ~~.i.-, C.. ~~~ ~~' l.~.:: '. t~~ _ ~~ .r ~~~ ~ J jE J i (~=- LS 1 N `yc: ~ O~`~ lam, ~~ ~ y ~~;; -- ` a ~, .. ~. ... _, ~ u c- -~ ~ -~ SUSAN M. SPICHER Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 4301 CIVIL TERM LICENSE SUSPENSION APPEAL AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Peition For Appeal From License Suspension filed in the above captioned case upon Commonwealth of Pennsylvania Department of Transportation, by certified mail, return receipt requested on August 27, 2004, addressed to: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division 1101 S. Front Street Harrisburg, PA 17104 and did thereafter receive same as evidenced by the attached Post Office receipt card dated September 1, 2004 I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~~s~~ ~ Date `TURO L O F/~~ F~obert J. ulderig, Esq i 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff BENDER: '~ O Carnplete Items 1 anNOr 2 for adtlitional services. ryapMe gams 3, Oa, antl M. p MM your name and atltlreu on dre reverse at This bnn so that we can return this tc you. p ewe brm to the iraM of iM meilpiece, ar on die beck d apace dose not p.mta. p Write Werum Recept Repuesfed' on the melipixe bNOw the erlide number. O T11a Ralum Receipt wNl show to whom the artida was tleAvered and the date tlNivetad. t ~ ~ Addressee's Address 2. ~ Restricted Delivery 3. Article Addressed to: ~!~ 4a. Article Number DeGlar+vnenk-cfr Trans,a~-fa.ff~' 1 4b. Service Type __ /y~fC~ ,L ~hfeG /d~~~ ^ Registered ~ified ti ~r },, (Jt y f C ~ E/xpr~ss Mail ^ Insured - ~~f~1C k'd- /~~~f~' ~'~ ~Y~Li-Helum Receipt for Merchandise ^C.OD ~ 1-U15 FIrL-'- I- SKe¢-f ~. fife^oTn 1~-actrrK~rxr~ ,.x-17 l~ 8. Received By: (Print me) 8. Addressee's Address (Only;/requested and 8. Signature (Addressee or Agent) w PS Form 3!1 ~, December 1994 I also arfeft m recdve the idbw• ing services (for an extra fee): fee;s~P 0 2 2004 . CHIEFCOUNRFI Mveasaeb~iylC +m RecNpt Al1G 3 0 ~20D4 t' SUSAN M. SPICHER Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- [ ~7~6 I CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this /O~day of~t.~~mbZJ~., 2004, upon presentation and consideration of the wpithin Petition for Appeal from License Suspension, a De Novo hearing is set for the0'~ day of /VU I~LIYYItIt , 2004, at 9~ 0D o'clock A' .m. in Courtroom Number ~ of the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. Further, the Motor Vehicle License Suspension in this case is stayed pending this appeal hearing. ~~ q \3 O BY~OURT, ~ i~~ J. Ij , SUSAN M. SPICHER Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4301 CIVIL PLEAS TERM LICENSE SUSPENSION APPEAL PRAECIPE Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURD LAW OFFICES D to .~-~. ,l d /I a / /1/7. Robert J. IQerig, Esq 28 South itt Street Carlisle, PA 17013 (717) 245-9688 Attorney far Plaintiff SUSAN M. SPICHER Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4301 CIVIL TERM LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Praecipe upon Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle and Traffic Law Division, by depositing same in the United States Mail, first class, postage pre-paid on the a7 day of _ ,~~/ , 2004, from Carlisle, Pennsylvania, addressed as follows: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Vehicle & Traffic Law Division 1101 S. Front Street Harrisburg, PA 17104 TURD LAW OFFICES 7 r Robert J. Iderig, Esq e 28 South itt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 (- N r~ O .C• rri?7 -ti J y; .. .4 mss _' ( :; . . , ~ c._ :a m G •• ~I o `':i v ~