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Home My WebLink About11-8815AM & TULnKis John A.Abom, F,spire Attorney I.D. No.: 77961 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 f 1 why 22 PM: It ?" PENNS YLV CO UN T )l ,,NIA COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE V. Driver License No.: 265732661 MARY SAK, APPELLANT NOTICE OF APPEAL OF LICENSE SUSPENSION rid AND NOW, this °2 a day of November, 2011, the Appellant, Mary Sak, by and through her attorney, John A. Abom, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Mary Sak, is an adult individual who currently resides at 2202 Bradford Drive, Mechanicsburg, PA 17055. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated § 1535 of the Vehicle Code on or about October 19, 2011. 4. Appellant denies that she violated 5 1535 of the Vehicle Code. 5. By letter dated November 10, 2011, Appellee notified Appellant that her driving q? .o o Pb '1 r-3 # Yoo3 R ct677// privilege would be suspended for a period of sixty (60) days effective December 15, 2011. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". 6. The Appellant has appealed her underlying conviction of §1535 of the Vehicle Code to the Court of Common Pleas of Cumberland County (See Exhibit B) and avers in good faith that there is a likelihood her Appeal will be granted. 7. Appellant denies that the Appellee is authorized to suspend her driving privileges. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that her license be suspended and that her driving privileges be reinstated pending this Appeal. Respectfully submitted, ABOM & KvTnAns. LLP DATE 1112 "-:? - I I Jo Es Attorne for Appellant 2 Wes ' h Street Carlisle, PA 17013 (717) 249-0900 ID No. 77961 • • COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 10, 2011 MARY A SAK WID # 113079283440090 001 2202 BRADFORD DR PROCESSING DATE 11/03/2011 DRIVER LICENSE # 26573261 MECHANICSBURG PA 17055 DATE OF BIRTH 11/05/1973 Dear MS. SAK: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1535 of the Pennsylvania Vehicle Code. As a result of your 11/02/2011 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 10/19/2011: ¦ Your driving privilege is SUSPENDED for a period of 60 days effective 12/15/2011 at 12:01 a.m. ¦ PennDOT is required by law to assign 5 points to your driving record. 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 12/15/2011. You may surrender these items before, 12/15/2011, 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 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. EXHIBIT • • 113079283440090 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 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". • 113079283440090 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, NOVEMBER 10, 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 12/15/2011. Sincerely, 1?3?- - - Z g Z") 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, COUNTY OF CUMBERLAND Notice of Appeal from Summa Name and Address of Defendant: Mary Sak 2202 Bradford Drive Mechanicsburg, PA Zip 17055 Signature Decision of District justice: Gu Date of Decision 11/2/11 riminal Conviction a- l -4 - ao I - 11 Name and Address of District justice: Magisterial District Judge Mark Martin 507 North York Street Mechanicsburq, PA Zip 17055 Magisterial District No. 09-3-05 Offense(s) Appealed Meeting/Overtaking School Bus (75 Sec. 3345 A) Name and mailing address of officer as shown on citation or complaint Officer Devin Montgomery 3b VV. Allen Street, Mechanicsburg, If sentence includes fine and coAs?-4moant of which`paid: $ 335.50 rv Type or amount of bail fumisheistniA justicif:any: ^; w n/a =< cn Name and District justice Docket No. TR-3659-2011 Citation No. 68745831-3 (signature) (print name) John A. Ab9ih, Esquire--------)- 2 West High Street (address) Carlisle, PA Zip 17013 Phone: 717-249-0900 Atty,I.D.# 77961 NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver's license being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of the appeal for your use in requesting a delay in that suspension. hereby certify that an appeal had been filed in the above captioned matter. CLERK OF COURTS EXHIBIT R CERTIFICATE OF SERVICE I, Emily J. Filiberti, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 ABOM & KUTULAKIS, LLP DATE I l ?? - I I Emily J. Fili COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee VS. MARY SAK, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-8815 CIVIL IN RE: MOTION TO CONTINUE LICENSE SUSPENSION APPEAL HEARING ORDER s AND NOW, this / day of February, 2012, our order of January 30, 2012, is amended to reflect that continued hearing in the above matter is set for Monday, April 16, 2012, at 9:30 a.m. in Courtroom Number 3, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin A. The Honorable Edward E. Guido ? John A. Abom, Esquire For the Appellant V Phillip Bricknell, Esquire For PennDOT V Court Administrator , P. J. j4"l i-r? Cc; -r1 rlm. MARY A. SAK,' IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 11-8815 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 16th day of April, 2012, the appeal filed in the above- captioned matter is REMANDED to the Department of Transportation for correction of its records. BY T OURT: J. Attest: John A. Abom, Esq., Abom & Kutulakis, 2 West High Street, Carlisle, PA 17013 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 ? - /lam - J'?? /Y?2 . ,?¢ ` ?'V ?1/ /g Ca?°? rn G-) m -rr Cx Ql f r