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HomeMy WebLinkAbout11-7947IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : 'J! 9 OCT 18 PM 3: ' IL COUNT'." PENNSYLVANIA V. : No-S==-- 11-7 q Yj Ci Vi l D. SHARON KIPP Petitioner TO THE HONORABLE JUDGES OF SAID COURT: APPEAL OF LICENSE SUSPENSION AND NOW, this6%ay of 016 , 2011, COMES Petitioner, D. SHARON KIPP, by and through her attorney, SANFORD A. KREVSKY, ESQUIRE, who petitions this Honorable Court to appeal the suspension of his license and, in support thereof, offers the following: 1. Petitioner, D. SHARON KIPP, is a Pennsylvania resident residing at 7513 Wertzville Road, Carlisle, Pennsylvania, 17013. 2. On September 20, 2011, Petitioner was advised by the Department of Transportation that her License will be suspended as authorized in Section 1547 B 1 I of the Pennsylvania Vehicle Code (Exhibit A). 3. Petitioner is permitted to appeal the suspension of her license. WHEREFORE, Petitioner requests your Honorable Court to appeal the suspension of her license and to stay the license suspension pending a hearing on this matter. Respectfully submitted, DATE: 10 IS- 1) t(m6" or A. e sky, Esquire 4? 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 I.D. # 15560 amok cj:?O.Lt-gv ?,4L.. 9 u(t) y ?, EXHIBIT A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 20, 2011 D SHARON KIPP WID # 112566691493928 001 7513 WERTZVILLE ROAD PROCESSING DATE 09/13/2011 DRIVER LICENSE # 13867129 CARLISLE PA 17013 DATE OF BIRTH 09/01/1948 Dear MS. KIPP: This is an Official Notice of the Suspension of your 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 10/25/2011 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 1012512011. You may surrender these items before, 10/25/2011, 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 513.50. 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 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: 112566691493928 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". 112566691493928 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 20, 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 10/25/2011. Sincerely, 9;?V ?-' - Z g vit"') 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 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv.state.pa.us IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : V. : No. SA-11- D. SHARON KIPP Petitioner VERIFICATION I, D. SHARON KIPP, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: d 11 if A //J?/ cuiazL ? - T-7 D. SHARON KIPP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA V. No. D. SHARON KIPP Petitioner ORDER OF COURT '? z_° N r--, x x- AND NOW, thisa day of V ?Y- , 2011, upon consideration of the within Petition (Appeal of License Suspension), IT IS HEREBY ORDERED AND DECREED that a hearing on this matter be held on thei d y of , 20_k?, in Court Room ?j C?b- No? at ?,bt5'clock'v m., in the4 County Courthouse. A Stay of Petitioner's License Suspension is hereby issued pending the disposition of the Appeal. BY THE COURT: J. Distribution: ? Sanford A. Krevsky, Esq. 1101 N. Front St., Hbg. PA 17102 Penn DOT, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 Npie- M CI to laqla zxb _.ERLA" C0UN i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA i ( _'7447 V. No. SA-11- D. SHARON KIPP Petitioner CERTIFICATE OF SERVICE AND NOW, this 1St day of November, 2011, I, Aimee L. Paukovits, for the Law Firm of Krevsky & Rosen, P.C., hereby certify that a copy of the foregoing Appeal of License Suspension was sent by First-class Certified U.S. Mail, postage prepaid, on the following: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL 1101 SOUTH FRONT STREET THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA 17104-2516 Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 D. SHARON KIPP, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. 11-7947-CIVIL e7 z g C1 COMMONWEALTH OF PENNSYLVANIA, : r N =:-n DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APP ?r BUREAU OF DRIVER LICENSING, =r = N ?'© Respondent : CB N r ° ' ' CV -v ?c J ;p t Gr i .6- ' C w ORDER A o r -, ? ?. AND NOW, this day of w - , 2012, 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 day ofr 2012 at ?,.m. in Courtroom No.?, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT DISTRIBUTION: Sanford A. Krevsky, Esq., Krevsky & Rosen, P.C., 1101 N. Front St., Harrisburg, PA 17102- 3324 ? Philip Bricknell, Esq., PennDOT, Office of Chief Counsel, Riverfront Office Center-3rd Floor, 1101 S. Front St., Harrisburg, PA 17104-2516 CoP??s 13(1121t6 L L) t i 1 it'1i??i r1 '2 APP, -2 Fri 2: C2 F?'srS`r L Vrte! v re }. COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS CUMSEP.LAIJD' COUNTY, PENNSYLVANIA V. NO. 11-7947 Civil D. SHARON KIPP Petitioner ORDER OF COURT AND NOW, thisA N ? day of , 2012, pursuant to the within Motion for Continuance relative to the above-referenced matter, IT IS HEREBY ORDERED AND DECREED that the hearing currently scheduled on April 16, 2012 at 9:00 a.m. is continued until the oV day of V At -M Z 2012 at C?" (G'clock a.m./poff-in Courtroom Number A of the Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. BY TH .coul?: J. Distribution: Prothonotary Office of the District Attorney ,- 0011V c, ; L;e;, /Sanford A. Krevsky, Esq., 1101 N. Front St., Hbg., PA 17102 Philip Brignell, Esquire - PennDOT, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 ?!C D. SHARON KIPP, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA `' 2011-7947 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 22nd day of June, 2012, this being the time and place set for a hearing on an appeal of driving privilege suspension, and counsel for the Commonwealth having indicated that the defendant's counsel has withdrawn the appeal, IT IS HEREBY ORDERED AND DIRECTED that the appeal is deemed withdrawn. Suspension in this matter will be effective December 22, 2012. By the Court, M. L. Ebert, Jr., J. ?"Sanford Krevsky, Esquire For the Appellant V Philip M. Bricknell, Esquire For Appellee : mtf eCP; e-s N h- y q i . tV C7fi-' 4 r\) 0&