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Home My WebLink About05-0560 ANGELA M. MESSINA, Petitioner :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. of; ~ S'L:,O C;uJL~ COMMONWEAL TH OF PA DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, Respondent LICENSE SUSPENSION APPEAL AND NOW, comes Angela M. Messina, hereinafter Petitioner, by and through her attorneys Mancke, Wagner & Spreha, who respectfully represent: 1. Petitioner is an adult individual residing at 10 W. Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing has a mailing address of PA Dept. of Transportation, Office of Chief Counsel, 1101 S. FrontSt., Harrisburg, PA 17104. 3. Petitioner has received an official notice of suspension from the Department of Transportation indicating that her license will be suspended for a period of one year as a result of a conviction of 75 Pa. C. S. A. 91543 (a). (See Exhibit A). 4. Petitioner believes such suspension is illegal, unjust and improper, for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense: b. Petitioner has a summary appeal pending before the Court of Common Pleas in Dauphin County for the underlying offense. WHEREFORE, Petitioner requests this Honorable Court to schedule a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully Submitted, ~ Edward F. eha,., sq., 10 No. 78661 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051, Attorney for Petitioner Dated: December 30, 2004 LAW OFFICES MANCKE, WAGNER Be SPREHA 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. HARRISBURG, PA 17110 PHONE (717) 234-705t FAX 017) 2347080 VERIFICATION 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. J1..'2fh~)4 Date COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 16, 2004 ANGELA M MESSINA 260 VERBEKE ST APT 2 HARRISBURG PA 17102 WID' 043449283929010 DOL PROCESSING DATE 12/09/2004 DRIVER LICENSE' 26042545 DATE OF BIRTH 03/13/1982 Dear MS. MESSINA, This is an Official Notice of the suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 12/08/2004 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 10/12/2004: . Your driving privilege is SUSPENDED fol" a pel"iod of 1 YEAR(S) effective 01/20/2005 at 12:01 a.m. 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 instl"uctions vel"Y cal"efully. Even if you have sel"ved all the time on the suspension/I"evocation, we cannot I"estol"e youl" dl"iving pl"ivilege until all the I"equil"ements al"e 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 01/20/2005. You may surrender these items before, 01/20/2005, for earlier credi t 1 however, you may not dri ve a fter 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 10.00. 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 I"eceive cl"edit towal"d sel"ving any suspension until we I"eceive youl" license(s). Complete the following steps to acknowledge this suspension. E~h( bet "A" 043449283929010 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 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 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. 043449283929010 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 insura:1ce 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 th1s 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. DECEMBER 16, 2004, 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 produc to PennDOT by 01/20/2005. , "'" \ \ ) , , i ,. / SincerelY, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7,00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 --IC\. 1-' ~:G () C',',:) c:;) ~ if( 0' '\l <- i~~ "D U( 7i,P ~.,,,,. ....~.... W ~'i'iC) UJ Vl. - '-':)'LL~ "Q ~ -0 ;(:~J~, l :;; _<_r'D " " ,r::~ ::--.::, ...~o p- O "S~ c:::> .~ --f- RECEIPT FOR PAYMENT ------~------------ ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Recelpt Time Receipt No. 2/01/2005 16:17:00 160134 MESSINA ANGELA M (VS) PENNSYLVANIA COMMONWEALTH OF Case Number 2005-00560 Received of PD MANCKE WAGNER & SPREHA 1M Total Non-Cash..... + Total Cash. ........ + Change............. - Receipt total...... 55.50 .00 .00 55.50 Check# 3182 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount APPEAL LIC SUSP TAX ON APPEAL SETTLEMENT AUTOMATION FEE JCP FEE 35.00 .50 5.00 5.00 10.00 CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND CUMBERLAND CO AUTOMATION FUND BUREAU OF RECEIPTS AND CONTROL 55.50 v. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ;NO: os" - S/,.O C?;,-,;C-T~ ANGELA M. MESSINA, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent :L1CENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW TO: Prothonotary of Cumberland County: Please withdraw the above-captioned License Suspension Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER & SPREHA Date: February 15, 2005 Edward . preha, r., Esquire Attorney 1.0. #78661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 By , Attorney for Petitioner .-'.:;~"'"l /" ~--? 1::.-- 0;::' <=' ~ -<\ ""' a:> r-~ 0" ~ - 0' ~ ;S--- - --.---