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Home My WebLink About04-5802 ADRIENNE DIMATTEO, Appellant IN THE: COURT OF COMMON PLEAS OF CUMBEFrrAND COUNTY, PENNSYLVANIA NO. 09- ~rO:b ~".e,.-. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension APPEAL OF LICENSE SUSPENSION AND NOW comes the Appellant, Adrienne DiMatteo, by and through her attorney, Marlin L. Markley, Esquire, and respectfully avers the following: 1. Appellant resides at 821 Millf:r Street, Palmyra, Dauphin County, Pennsylvania 17078. 2. The underlying violation that is alleged for this suspension occurred in Cumberland County. 3. The Appellant received a notice dated November 9, 2004, that as a result of his alleged violation of Pennsylvania Crimes Code Section 6308, offenses related to alcohol, her driving privilege was being suspended for a period of two years, effective suspension date November 18, 2005, at 12:01 a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. The Appellant filed a Summary Criminal Conviction Appeal before your Honorable Court on November 18, 2004 regarding her conviction on October 19, 2004. 4. The Appellant submits that there has not been a final disposi tion of her appeal and that shE~ would be unduly prejudiced if the suspension were to be imposed at. this time. 5. There was insufficient evidence to convict the Appellant. 6. The Appellant denies she committed the offense. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter and to reverse the Department's Order to suspend his Pennsylvania operating privileges. Respectfully submitted, Date: /! - / ff - 2004 ~.Ma~ 210~M~~ket street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 09, 2004 ADRIENNE DIMATTEO 821 MILLER ST PALMVRA PA 17078 WID. OQ3076122385258 001 PROCESSING DATE 11/02/2004 DRIVER LICENSE. 26996980 DATE OF BIRTH 07/16/1984 Dear MS. DIMATTEO: As a result of your violation on 09/25/2004 of violating Section 6308 (offenses related to alcohol>, your dril,.ng pr i v i lege i s bei~g SUSPENDED for a p.eriod of 2tYEAR (S) <a s mandated by sectIon 1532D of the vehIcle code. .~ ~ The effective date of suspension is 11/18/200!5, 1'2:01 a. '-. This suspension is in addition to any other suspensions alreadY on your record. COMPLYING WITH THIS SUSPENSION You must return all current PennsYlvania drivE!r's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 11/18/2004. You may surrender these items before, 11/18/2004, for ear r credi t; however, you may not dri ve after thlei~.;~.i tem.s l! surrendered. ~. . .".: --:' '-~ YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR ITIFIC PURPOSES. However, you may applY for and obtain a pho 0 identification card at any Driver License Center for a cost of $10.00. You must present two (2) forms of proper .identification (e.g., birth certificate, valid U.S. passport, marriage certi ficate, etc.) in order to obtain your photo identification card. You will not receive credit toward se~ving any suspension until we receive your license(s). ColltPlete 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 nok have a ny of these items, lsend a sworn notarized letter stating you are aware of the suspension of your driving privilege. You must SPE!cify in your letter why you are unable to return your driver's license. Remember: You may not retain :lfour driver's 043076122385258 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. U~on receipt, review and acceptance of your PennsYlvania driver's licensees), 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 rec~ipt 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 ~o 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. PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send YOU a letter asking that YOU pro'vide 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 nu_mbers.a_'_--,',_~_'_'.,.' 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 09, 2004, of this letter. If you file an appeal in the County Court I the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send thi:s time-stamped certified COpy of the appeal by certif~ed 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 11/18/2004. 043076122385258 SincerelY, ~'S,~ Rebecca L. Bickley, Director Bureau of Driver Licensing INfORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-Of-STATE 717-391-6190 TDD OUT-Of-STATE 717-391-6191 WEB SITE ADDRESS www.dmv.state.pa.us if' ~- ...... It ..~~ " II II ADRIENNE DIMATTEO, I Appellant II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA II NO. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal of Operators License Suspension ATTORNEY VERIFICATION I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Adrienne DiMatteo, hereby vE~rifies and states that: 1. I am. the attorney for Appellant, Adrienne DiMatteo; 2. I am. authorized to make this verification on my client's behalf; 3. The facts set forth in the fore~Joing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowlE~dge, information and belief; and 5. I am. aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: I , - I ,f. 2 004- Respectfully submitted, /Z-- A~L. :~e 2l;~rket Street, Aztec Building C~dii~:ll, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 , , i ADRIENNE DIMATTEO, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Appeal of Operators License Suspension CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Da te : j / - / p. 2- 00 It Respectfully submitted, ~ ==------ arl~ . Markley, Esquire 2108 M~rket Street, Aztec Building Camp mll, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ~ ,A' (~ ....~-' fI< <......., ........ ~ ~ ~ C', 1"'......, 1--" r.:-.~ (') c'':) ff "r ..c::- -q 'v I" - .+ ::::1 (-:") ~ I:>.-:J -,,-.. J- '- J:: (, '-l lr -(" r CO ).., \ ~ ~ I.. J'.... 1 0- \, ':"'\ ~ 1 ~. .,... ,.') C ~ I?? . ):11 , -, W ,j "<": JENNIFER KLINE-YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PHILLIP YOUNG, Defendant NO. 04-5846 CIVIL TERM IN RE: PLAINTIFF'S PROTECTION FROM ABUSE PETITION ORDER OF COURT AND NOW, this 1st day of December, 2004, a continuation of the hearing in the above matter is scheduled for Wednesday, December 15, 2004, at 2:30 p.m., In Courtroom No.1, Cumberland County Courthouse, Carlisll~, Pennsylvania. BY THE COURT, ~sica Diamondstone, Esq. 8 Irvine Row Carlisle, P A 17013 Attorney for Plaintiff > .,Kichard C. Rupp, Esq. P.O. box 395 Camp Hill, PA 17001-0395 Attorney for Defendant :rc , , ti". ~l.' ItLf\f;"~':~-i > .',:; h";1 11'1" 1(,: 1','[7 '!"'''''I~ " , t, h..J ;"b~'i()r\(XL.Ob'd :gal .:::'0 :1:],' -;;:I()-c::rIL:1 2 - JJa ?llOZ " NO~ A o ADRIENNE DIMATTEO, i I Appellant I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C>9~5S'O;;L. ~u~ I u-- v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee Appeal. of Operators License Suspension ORDER OF COU~ AND NOW this ~ day of l)~L 2004, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing c?J./d~ day of ~~ / shall be held regarding this ~ {)C) fr 2&e+- at matter on the '1, fSo/. /~ in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursua.nt to Vehicle Code Section 1550 (b) (1) until such time that this honorable court resolves this appeal. BY THE COURT: J. Distribution: -PA Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 .J~~ ~ I ,0 O~ ~~ ~YJ~ i~;;).JoV ~ :;... c") c.... C\J I?:: i'::.~~ lUG - 2~ Q:;;" - ."\ p:: ~; :rr: ., . <.q: i " ,.4, ...... (y f... C) "-1 '."1 CC:; l.J..1 (.J_ I .,{ in cEtu ~".;.... "-> ~:" -. ;J: w...,J '~,;}~~:7 I- e:::" I.J_ _:r- ., ;. 0 (~:." -, ., . " C;;;;" (5 C'o,.j ADRIENNE DIMATTEO, : Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEAL TH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 04-5802 CIVIL TERM IN RE: APPEAL OF LICENSE SUSPENSION ORDER OF COURT AND NOW, this 23rd day of Febmary, 2005, upon agreement of counsel, the hearing previously scheduled for February 24, 2005, in the above matter, is rescheduled to Wednesday, April 20, 2005, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, ~arlin L. Markley, Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Appellant J. ) ~eorge Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee :rc \\ \iJ- '] $\ ~~ VJo ~0 g:~JSQIJt - - ADRIENNE DIMATTEO, : Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee NO. 04-5802 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 2005, upon consideration of the Appellant's Praecipe To Withdraw Appeal of Operator's License Suspension, filed in the above matter on April 19, 2005, the hearing scheduled for April 20, 2005, is cancelled. .4arlin L. Markley, Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011-4705 Attorney for Appellant ftorge Kabusk, Esq. Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 110 1 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee :rc BY THE COURT, ~ / ,(/' I '/, . ..:.... ~~ 0(/ J. We~lh Oler, r., Z/1' J. (/ ) '2 t''j . ,~. .'V r'O " '''' "CO" d~~~v:~;'~ J\;U~ iii =:,11 ::C1 ADRIENNE DIMATTEO, Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5802 Civil Term Appeal of Operators License Suspension PRAIiTlPR TO WITHDRAWAl, APPRAJ.OFOPRRATORS UCRNSF SJJSPFNSlON TO THE PROTHONOTARY: Please withdraw the appeal filed on November 18, 2004, regarding the above-captioned action. Date: April 19, 2005 Respectfully submitted, ==--- Markley, Esquire 2108 Ma ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 !::::;)~, ff:~~ () -i\ ..,:;~.~. ";'-"' \'-) c.) "CO''' :;:..<, ~ -- "r"'-' ~ -