Loading...
HomeMy WebLinkAbout02-0526~_J~eee~ -~- (~,'~, Appellant vs. ~ r~ ~ Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : File No. Ozt- 5'-2C, ~T./ -T-~.,- PETITION FOR APPEAI~OM A SUSPENSION OF OPERATING PRIVILEGE~ DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION 1. Appellant herein is .. I~,~_~e~_ _T_ ~,¢,c,, , residing at and having a mailing address of: 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai~ing address of: ~ Department of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Departme~t of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated ~¢,-r- ~/. ,-~nn/;), , a copy of which is attached hereto as Exhibit A, the De.~artrnent of Transportation ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of _ (. ~kJ~s. __ denied the issuance / renewal o~a driver's license. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retaining driver's license until final determination of the suspension of operating privilege. __~ Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the App6ilant must be held before the Court of Common Pleas before an order of supe..sedeas can be issued. Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis .ration until final determination of the suspension of registration. 5. The said suspension of Appellant's imprr~per or unlawful for the following reasons: operating privileges / registration is Appellant respectfully requests that this matter be set down for a bearing and that the c.~der of suspension / order of denial be set aside. Respectfully submitted by, Appellant -2- mm10 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: February 1, 2002 REBECCA QUINN 725 FLORENCE CIRCLE MECHANICSBURG PA 17055 Dear Ms. REBECCA QUINN: I am pleased to inform you that you have met the Department's medical standards. You may continue to drive. Please drive safely. If you have any questions, please contact the Medical Unit at (717) 787-9664, between the hours of 8:00 a.m. and 4:30 p.m. Driver License #: Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing 20444870 _ $ (7 97) GENERAL PSYCHIATRIC / PADepartment of Transportation Bureau of Driver Licensing FORM P.o. Box 68682 Harrisburg, PA 17106-8682 (Please complete this form in its entirety) (717) 787-9662 PATIENT INFORMATION DRIVER'S LICENSE NUMBER I LAST NAME(S) JR. ETC. F RST NAME 20444870 Iau'NN I I REBECCA FEET ~ How long have you beep treating the patient and for what diseases and conditions? Does the patient have any significant impairment of any of the following areas: a. Attention (confusion, clouding or lapses of consciousness, distractibility, reduced response time, preoccupation, repetitive states of inattention, etc.)? b. Intellect unctioning (memory defects, capacity to organize a sudden complex series of stimuli, mental retardation, etc.)? ,,Co c. Perception (visual and auditory hallucinations, delusions, etc.)? d. Reaction time? e. Coordination of movement of the extremities? f. Muscula~,~akness? g. Personality factors (irresponsibility, emotional instability under stress, impulsive aggressive behavior,~/,,e~c~? With what kind(4 and- what quantity of drug¢ are you treating the patient'7 Does the medication make him an unsafe driver? (-~ /t-r~v/o~ ~) ¢~,~,?//~' ' From a medical stanci/p;i;t only, do you consider this person physically and/or mentally competent to operate a motor vehicle under the stresses associated with the challenge of driving? IZ'Yes E] No Comments: PHYSICIAN INFORMATION (Please print or type) STREET ,~DDRESS / /] ~ JOLTY . PHYSlClA~¢S% ~1~ )V. / ~N'S S~G~AT~RE~ ~ ~ ~/ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date:~ANUARY 07, 2002 REBECCA I QUINN 725 FLORENCE CIRCLE MECHANICSBURG PA 17055 WID ~ 01365928363339~ 0~ PROCESSING DATE 12/31/2001 DRIVER LICENSE e 20444870 DATE OF BIRTH 06/04/1964 Dear NS. QUINN= This is an O~&c/al Not/ce of the Suspens/on of your Driving Privilege as authorized by Section 1552B of the Pennsylvania Vehicle Code. As a result of your 12/$1/2001 conviction of violating Section $756 of the Vehicle Code RECKLESS DRIVING on Your driving privilege is SUSPENDED for a per/od of 6 MONTH(S) e~ectlve 02/11/2002 at 12:01 a.m. Before PennDgT 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 ~ol[oN ALL /nstruct/ons very carefu[Zy. Even /f you have served al! the t/me on the suspens/on/revocat/on, Ne cannot restore your dr/v/rig pr/v- ~[ege unt/! ail the requ/rements are sat/sf/ed. 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 U2/1~/2002. You may surrender these items before, ~ for earlier credit; however, you may not drive a=r~ these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER~S LZCENSE FOR ZDENTZFZCATZON PURPOSE~.* However, you may apply for and obtain a photo identification card at any Driver License Center for a cost o~ You must presen~ t~o (~) f~'ms of proper /den- tification (e.g., birth certificate, valid U.S. passport, marriage certificate~C.) i~ order to obtain your photo ~ enti · n card. YOU w/11 not receive ct_edit ~o~a_~rd servlng any suspension untll we receive your license(s). Complete the following steps to acknowl~ge this suspension. PROVIDING PROOF OF INSURANCE Nithin the last 30 days of your suspension~revocation, Ne w111 send you a letter asking that you provide proof of in- surance at that time. This letter will list acceptable documents and what w/l! be needed /f you do not own a veh/cle reg/stered in Pennsylvan/a. ~mpontant: Please make sure that PennDOT Ks not/f/ed if you move from your current address. You may not/fy PennDOT of your address change by calling any of the phone numbers listed at the end of this letter. APPEAL You have the r/ght to appeal this act/on to the Court of Common Pleas (C/v/1 D/v/s/on) within 30 days of the ma/1 date, pANUARY 07, 2002, of th/s'le-~t~er. ~ ~u ~tle an ap= peal in t-h-~ ¢oQn=y-~-ouPt, ~rt ~111 glve you a time- stamped certtf/ed copy of the appeal. In order for your appeal to be valid, you mus} send thl-s t/me-stamped certi- f/ed copy of the appeal by certified mail to: Pennsylvania Department of Transportat/on Off/ce of Chief Counsel Th/rd Floor, Riverfront Off/ce Center <~ Harrisburg, PA 1710~-251& tRemember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvan/a dr/vet 1/cense products o PennDOT by 02/11/2002. Sincerely, Rebecca Lo B/ckley, D/rector Bureau of Dr/ver L/cens/ng SEND FEE/LICENSE/DL-I&LC/TO: Department of Transportat/on Bureau of Dr/ver Licens/ng P.O. Box &8693 Harr/sburg, PA 1710&-~693 INFORNATION (7:00 AH TO 9:00 PH) ~ IN STATE 1-800-932-~G00 OUT-OF-STATE 717-391-&190 TDD IN STATE 1-800-228-0&76 TDD OUT-OF-STATE 717-~91-&191 {~ ~ CITATION NO. COMMONWEALTH OF PENNSYLVANIA .A7080439-2 C:OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUM~ERLA_ND Mag. Dist. No,: 09-1-01 DJ Name: Hon. CHARLES A. CLEIWI~'NT, JR. Address: 1106 CARLISLE ROAD CAMP HILL, PA Telephone: (717) 761-4940 17011 REBECCA I. QUINN 318 S MARKET BT THIRD FLOOR MECHANICSBURG, PA 17055 DL-38 COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS UQUINN, REBECCA I 318 S MARKET ST THIRD FLOOR ~ECHANICSBURG, PA 17055 DocketNo.: TR-0004187-01 ~ DateFiled: 12/10/01 REQUEST FOR SUSPENSION OF DRIVING PRIVILEGE FOR FAILURE TO RESPOND TO A CITATION OR SUMMONS OR PAY FINES AND COSTS IMPOSED Date of additional notice: You have failed to respond to a citation or summons or pay any fines and costs imposed for a violation of the section of the Pennsylvania Vehicle Code shown below. Unless you respond to the citation and pay the fine, costs, and penalties shown, or post security for a trial within 15 days of the above date, your name will be referred to the Department of Transportation, which will suspend your driving privilege until you respond to the citation and pay all fines, costs, and penalties imposed, if your license is suspended, you will be required to pay additional costs to restore your operating privileges. THIS NOTICE DOES NOT PERTAIN TO ANY PARKING VIOLATIONS. Driving while under suspension mandates at least a fine of $200.00 and an additional 1 year suspension of your driving privilege, CITATION NO. DATE OF VIOLATION LOCATION OF VIOLATION CHARGE, SECTION AND SUBSECTION VIOLATED A7080439.2 12/08/01 RT15/WESLEY 75 S3736 S~A DESCRIPTION OF VIOLATION FINE AND COSTS IF TRIAL REQUESTED RECKLESS DRIVING ~269.00 OR ~275.00 DRIVERS LICENSE NUMBER STATE DATE OF BIRTH 20444870 PA 6/04/64 LAST NAME FIRST NAME MI SEX QUINN REBECCA I F STREET ADDRESS 318 S MARKET ST THIRD FLOOR C~TY STATE ZIP CODE MECHANICSBURG PA 17055 REGISTRATION NO. STATE YEAR MAKE MODEL EDL0642 PA 2002 FORD SUBMIT CHECK OR MONEY ORDER TO THE ABOVE NAMED DISTRICT JUSTICE OFFICE '~' .. 12/19/01 INSTRUCTIONS: 1. This violation may be disposed of without a trial by paying the fine and costs shown above. Payment of fine and costs prescribed is a plea of guilty. NOTE: make your check or money order payable to the magisterial district number shown above. 2. You are entitled to a trial. If you so desire, forward security in the amount of the fine and costs shown plus an additional $6.00 costs to the district justice together with your plea of not guilty. You will be notified of a trial date. If you do not appear, your security will be forfeited. 3. Failure to pay the fine and costs or post security shall result in the suspension of your driving privileges. AOPC 638A1-00 REBECCA I. QUINN, PETITIONER · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT · 02-0526 CIVIL TERM ORDER OF COURT AND NOW, this _.~L~ day of February, 2002, IT IS ORDERED that a hearing shall be held on the within appeal from the suspension of operating privilege on Monday, April 15, 2002, at 3:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. / e/~becca I. Quinn, Pro se 725 Florence Circle Mechanicsburg, PA 17050 ~or~e Kabusk, Esquire For the Department of Transportation By Court Edgar B. Bayl~, :saa REBECCA I. QUINN, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 02-0526 LICENSE SUSPENSION APPEAL PRAECIPE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Rebecca I. Quinn in the above- captioned matter. Date: 03/26~02 Respectfully submitted, Mancke Wagner Hershey & Tully ID~ 43092 2233 North Front Street Harrisburg, PA 17110 717/234-7051 CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of Mancke Wagner Hershey & Tully, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, on the 26th day of March, 2002. Office of Chief Counsel PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 Tammy L. Klaly Mancke Wagner Hershey & Tully REBECCA I. QUINN, Petitioner COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 02-0526 LICENSE SUSPENSION APPEAL MOTION FOR CONTINUANCE TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF THE ABOVE-SAID COURT: AND NOW comes Petitioner, Rebecca I. Quinn, by and through her attorneys, Mancke Wagner Hershey & Tully who make the following averments in support of this Motion for Continuance. 1. Petitioner filed a pro se license suspension appeal at the above-captioned term and number currently scheduled for April 15, 2002. Petitioner failed to timely appeal her underlying conviction for reckless driving which also occurred in Cumberland County. Petitioner has hired counsel to file a petition to reopen summary conviction relative to the underlying conviction of reckless driving. Said petition has been filed with the Prothonotary and we are awaiting a ruling regarding same. In the event the nunc pro tunc petition is granted, there is a likelihood that the reckless ddving conviction will be reduced to careless driving which does not mandate a license suspension. In the event the above occurs, the license suspension appeal at the above- captioned term and number will be moot. 7. Counsel for the Department of Transportation, George Kabusk, Esquire, has been consulted regarding this request and indicates he has no objection to a continuance for the above-captioned reasons. WHEREFORE, Petitioner prays Your Honorable Court rescheduie this matter for a date certain in August, 2002 to allow for the perfection of the summary conviction nunc pre tunc and the final disposition via summary appeal. Date: 03/27/02 Respectfully submitted, Mancke Wagner Hershey & Tully David~ershey, Esquire I D~ 43092 2233 North Front Street Harrisburg, PA 17110 717/234-7051 CERTIFICATE OF SERVICE I, Tammy L. Kelly, an employee of the law firm of Mancke Wagner Hershey & Tully, hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, on the 27th day of March, 2002. George Kabusk, Esquire Office of Chief Counsel PA Department of Transportation 1101 South Front Street Harrisburg, PA 17104-2516 Tammy L. Kelly Mancke Wagner Hershey & Tully I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904. relating to unsworn falsification to authorities. Date REBECCA I. QUINN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET # 02-0526 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING ORDER OF COURT AND NOW, this~-- day of ~, 2002, upon consideration of Peti~tioner's request for a continuance, and noting further that the Department of Transportation has no objection, sa~d. moti~on ~ hereby grante.,d, ~ _ ~)~..~.~- _~__.~,~ ~ 2ee~at u'cioc~ ~n ~uu, u ~ ...... ~ .. ~ ~ The Honorable I~ [gar B. Bayley Distribution: Prothonotary's Office George Kabusk, Esquire 1101 S. Front St., Hamsburg, PA 17104-2516 David E. Hershey, Esquire 2233 N. Front St., Harrisburg, PA 17110 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PENNSYLVANIA PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA I. QUINN, Petitioner VS. NO: 02-0526 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL TO THE PROTHONOTARY: Please enter the appearance of my firm as counsel of record for Rebecca I. Quinn in the above-captioned matter. By: Respectfully submitted, THE WILEY GROUP 1 Baltimore Street Dillsburg, Pennsylvania 17019 I.D. #: 43092 Please withdraw my former firm as counsel of record for Rebecca I. Quinn in the above- captioned matter. MANCKE, WAGNER, HERSHEY & TULI.tY /f} DAVID E. HERSHEY, ESQUIRE I.D. #: 43092 2233 North Front Street Harrisburg, Pennsylvania 17110 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PENNSYLVANIA PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA I. QUINN, Petitioner Vs. NO: 02-0526 COMMONWEALTH OF PENNSYLVANIA LICENSE SUSPENSION DEPARTMENT OF TRANSPORTATION APPEAL BUREAU OF DRIVER LICENSING : CERTIFICATE OF SERVICE I Justina R. Brumbaugh, Legal Assistant in the Law Firm The Wiley Group, hereby certify that I, on this day, serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated below which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage pre-paid at Dillsburg, Pennsylvania, on the 6~ day of May, 2002. x~ George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 Respectfully submitted,,, WILEY, LENOX, CO~I~AN & MARZZACCO, P.C. by: DAVID E. HERSHEY, ESQUIRE 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D.#: 43092 REBECCA I. QUINN VS COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : : NO: 02-0526 CIVIL LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the Appeal filed on the above-captioned matter on behalf of the Petitioner, Rebecca I. Quinn, as the Appeal is now moot. Respectfully Submitted, by: /~' ~ ~rshey,, Esq 1 South Baltimore Street Dillsbur§, PA 17019 (717) 432-9666 ID No.: 43092 REBECCA I. QUINN VS COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : : NO: 02-0526 CIVIL LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE On the 2nd day of Aug'~tst, 2002, I certify that a copy of the foregoing petition was served upon the following attomey for the Commonwealth of Pennsylvania by First Class Mail, address as follows: George Kabusk, Esquire PA Dept. Of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by: David E. Hershey,, Esq. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092