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HomeMy WebLinkAbout05-0845 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KIMBERLY A. HELMLE APPELLANT, v. :FILE NO,: OS ~ ?LfS C!'O{ ~~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPELLEE. PETITION FOR APPEAL FROM A SUSPENSION OF DRIVING PRIVILEGES I. Appellant herein is Kimberly A. Helmle residing at and having a mailing address of 131 School Lane, Springfield, Pennsylvania 19064. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PENNSYLVANIA 17104-2516 3. By letter of notice dated January 28,2005, a copy of which is attached hereto as Exhibit "A", the Department of Transportation ordered the Appellant to surrender her driver's license for a period of ninety (90) days. 4. Supersedeas: Pursuant to 75 Pa.C.S.A. g 1377 (a), Appellant is retaining her driver's license until final determination of the suspension. 5. The said suspension of Appellant's driver's license is improper or unlawful for the following reasons: 1. The Appellant was not in the United States at the time that the trial was scheduled. The trial was held in absentia and the Appellant was never given warnings that a trial may proceed in her absence. ii. The Appellant was not given an opportunity to present a defense nor confront any witnesses thereby denying her constitutional rights afforded through the Sixth Amendment. iii. Appellant's counsel was in the middle of a First Degree Murder Trial and could not appear on Appellant's behalf. This violated the Appellant's constitutional rights to be represented by counsel as given by the Fifth Amendment. IV. The District Justice was placed on Notice of the fact that the Appellant was out of the country and that her attorney was in the midst of a First Degree Murder Trial (see attached Exhibit "B"). v, The Appellant has appealed the guilty finding ofthe District Justice (see attached Exhibit "C"). WHEREFORE, Appellant respectfully requests that this matter be set down for a hearing and that the Order of Suspension be set aside, Dated: P\ \~6' Respect KLINE RIC F, KLINEBURGER, III, ESQUIRE Attorn Identification No.: 79883 1313 Race Street Philadelphia, Pennsylvania 19107 Attorneys for Appellant Kimberly A. Helmle Phone Number: (215) 568-5155 VERIFICATION I verifY that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. \ O\V') Dated: 'I '" \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KIMBERLY A. HELMLE APPELLANT, :FILE NO.: v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPELLEE. CERTIFICATION OF SERVICE I, Richard F. Klineburger, III, Esquire, attorneys for Appellant, Kimberly A. Helmle, do hereby certify that a true and correct copy of the foregoing Petition was served upon the Pennsylvania Department of Transportation, Office of Chief Counsel, via First Class Mail and Certified Mail, 101~ Y'too 002.1 ot4 (p 9je~ , Return Receipt Requested, on February ~, 2005, to the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 KLINEBURGER, & NUSSEY RIC F. LINE GER, III, ESQUIRE Atto y Identification No.: 79883 1313 Race Street Philadelphia, Pennsylvania 19107 Attorneys for Appellant Kimberly A. Helmle Phone Number: (215) 568-5155 FROM PHONE NO. 610 543 4510 Feb. 04 2005 04:56PM P2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date; FEBRUARY 04, 2005 KIMBERLY A HELMLE l3l SCHOOL LANE SPRINGFIELD PA 19D6q WID t 050~6b19446u40~ 001 PROCESSING DATE 01/28/2005 DRIVER LICENSE' 27254308 DATE OF BIRTH 12/28/1983 Dear-MS. HELM.b~I. -----......----..~ -,--.---....----.. As a result of Your violation on 11/13/2004 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 15320 of the vehicle code. The e~feo~ive date of suspension is 03/11/2005. 12:01 a.m. Before PennDOT can restore your driving privilege, you .ust fo11olo/ the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions ve~y carel'ully. Even if you have served all the time on the suspension/revocation. we cannot restore your driv~n9 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 03/11/2005. You ~ay surrender these items before. 03/11/2005, for earlier .cred;itJ .however, YOU !Ray not drive after these it".s are surrendered. - . '-- .-.....--- . .----.......... YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOsES. HOlo/ever, YOU may apply for and obtai n a photo identification card at anY Driver License Center for a cost of $10.00. You /lust 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 r-ecei"e credit toward serving any suspension until we receive your licensecs). Complete the fo110lo/ing steps to acknolo/ledge this suspension. 1. Return all current PennSYlvania driver's licenses, leElrner's perllits and/or Cl'mera cards to PennDOT. If yoU do not have any of these items, send a sworn FROM PHONE NO. 610 543 4510 Feb. 04 2005 04:56PM P3 050286194480409 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: YOll 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. llpon-;:eceiilf.--r-ev1@W'"and--""c:cepta,ice of-your 'Pennsylvania driver's lic@nse(s), learner's permitCs), 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 Ollr 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 ,"ust Day a restor"tion 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. Write your driver's license number (listed on the first . page) on the check or:"_mone~_d~r _.to__ E!!!!YI~ proper credfF.- Follow the payment and mailing instructions on the back of the application. -..--~,---,_.- 2. 11. 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 wnat will be needed if YOU do not own a vehicle registered in Pennsylvania. XMPORTANT: Please make sure that PennDOT is notified if you move from your current address. Vou may notifY PennDOT of Your address change by calling any of the phone numbers listed at the end of this letter. .~,..:. FROM - PHONE NO. 610 543 4510 Feb. 04 2005 04:57PM P4 050286194480409 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 50 days of the mail date. FEBRUARY 04, 2005, of this letter. If you file an appeal in the county court. the Court will give yoU a time-stamped certified copy 01' -the appeal. In order for Your appeal to be valid, YOI.I must send this time-stamped certified copy of the appeal by certified mail to: Pennsylv.ania DepartMent of Transportation Offic~ of ChiefCouhsel Third Floijr~-'Rl"erfront-Dtflce--ce1ite;..--- -- Harrisbl.lrg,PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPS;NSION. Yo 1.1 must return all cl.lrrent PennSYlvania driver license products to PennDOT by 05/11/2005. ..-----....----:....- SincerelY, ~~,~ Rebecca L. Bickley, Director BureaU of Driver Licensing INFORMATION 1:00 a.m. to 9:00 P.m. 1-800-932-4600 TDD IN STATE 717-591-6190 TDD OUT-OF-STATE www.dmv.state.ba.us IN STATE OUT-OF-STATE WEB SITE ADDRESS 1-800-228-0676 717-391-6191 ~''''S ~~.\ .~. ~.~ ~~0'V<<<I6eJI Attorneys At Law 1313 Race Street Philadelphia, PA 19107 Telephone (215) 568-5155 Facsimile (856) 428-7530 Richard F. Klineburger, III Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney D. Ryan Nussey Admitted to practice in New Jersey & Pennsylvania January 5, 2005 Honorable Harold E. Bender 35 West Orange Street Shippenburg, Pennsylvania 17257-0361 sent via facsimile (717) 532-3308 and regular mail Re: Commonwealth of Pennsylvania v. Kimberly A. Hemle Docket No.: NT-OOOI203-04 Dear Judge Bender: As you are aware, this firm represents Ms. Kimberly A. Hemle, defendant in the above captioned matter which is scheduled before Your Honor on Thursday, January 13,2005 at 3:30 p.m. Please be advised that I am in the middle of a First Degree Murder Trial in Salem County, New Jersey before the Honorable William 1. Forester, lS.C. in the matter of "State of New Jersey v. Zembalist Lewis." Also, pursuant to the enclosed E- Ticket Receipt and University of Leichester Study Abroad Programme Information, Ms. Helme will be out of the country from January 13,2005 until May 6, 2005. In light of same, I respectfully request an adjournment to a date after May 6, 2005. I thank you for your kind attention to this matter. As always, if you should have any questions, please feel free to contact me at my office at any time. Very truly yours, RFKllg Enclosures cc: Kimberly A. Hemle RICHARD F. KLINEBURGER, III /)'/' Ofl : t 38 Haddon Avenue, Haddonfield, New Jersey - Telephone (856) 428-7469 Email Page 1 of4 BRmSH AIRWAYS .., .. .. IIprint Email OUR TRAVEL INFORMATION AND roCKET RECEIPT Is Is your travel itinerary and a-ticker receipt, We advise you to Cllrry this document for International vel, as you may need to present it at immigration and security points. Your ticket coupons are stored lectronlcally In our computer system, The conditions of contrace ralatill9 to your ticket are detailed at end of this email. f you are travelling and have bought the Rights yourself, you wiU need to bring the credit/debit card sed for payment to the airport, for identlficatlon and check-in pU"'OSe$. If you are nc>t travelling, and ave bought the flights for someone else, they do not need to take the card used for payment to the irpoI't. MISS KIMIlJ<llt.~ HEU<lLB MIBB STBPllAN~1l L1lDIIIG king .efer~~ce: 2GOO8X -ticket Number(s). 125-241892~988 125-241892~989 a.yment Typ.~ vi.sa. a~d NUmber; .**~...~ttt.3018 payntent Total ~ USD 916 ~04 IATA Number. 3j991134 are DetailS. USP 61~_OO ~ Tax/Fee/chaxge usn 300.04 . usn 916,04 our Itinerary Details; light s_..nt. light: in~ kin9 St.e.t;.us: part.ure ~ ivaI.: light Operated >>Y' Philadelphia Terminal A To Heatl1row 1lA006. Worla 'l"ravellar COll.fi %O\ed 13 J~ 30QS 18~SO 14 Jan 2005 06.45 British A1~YB (London) Te>:minal 4 HMthrO" (London) Terl\lioal 4 To Plli1ade19hia 'rerminal A BA006? world 'l'raveU.er ConfirMed 06 May 2005 11:30 06 May 200S 14.05 Britieh Airway.. aggaqe allowance. is 2 pieces pel: person e priCe of your ticket Includes a security, insurance &. fuel surcharge. It is shown 'n the fare details above. It is levied by British AirwayS and Is not a tax, ree r charge imposed by a Government Authority or third party. Pl<!ase note that air ravel is not subject to VAT therel'ore we do not issue VAT receipts. ~"roRTANT New laws require British Airways (al'ld all other airlines) to collect Advance Passenger Information for all assangers before travel to or trom certain COuntries. This is designed to speed up your journey hrough customs and Immigration, Giving us your Advance Passenger Information online will speed up e check.fn for your flight. httn://www.britishairways.comltravelldisplayemail/publiclen us?eld= 11700 I &uid= 11 03... cd WdSc:60 SOOe po 'UE'[ OTSp [PS 0T9 : 'ON ~ 12/17/2004 : WOH~ l',',~".' :c" ('. r",',',' -- ~I'; p, r ~: ~, t~,. r'.:: r' ,:, ~. ' ~.~ ., I ~~~:;: . . ".1. ,';' <y :. university of ',,- Leicester STUDY ABROAD ACCEPTANCE FORM I'."'" :.,; .,~ . ',"{ ',-1;- ~"," Please write dearly in BLOCK CAPITALS and uS<! a ball point pen to complete this 'form, Surname or family Name ......:H..t:.LM.kE...............w.................__........__.. Title (e.g. Mr; Ms,) ..,M.s.,.... first or Given name(s) .......__....KJ.I\,'.\.BE.RL.'(.................m__...................... Date of Birth ~, .. " DDM.MYY IZ \ S r L1 aD L IA" Ie, , " " , '", Address ......./-:;.).. ........... .!""Cl. .. ..,__..,.!"...... 1.101..__......,.....................................,..........,.............-.-..,.,......,.., .,................_...........................__...h.......................__........................._.__.__..,....................__._.....................__..:'.........._:.. . ................;:?P.RJtJ6.F1EL..D......;-...PA.....................u PostlZip code .....\..~lO.b.H................ .' , Country of permanent residence.. .......,.0..$.8...".., "__ ,.." ,.."........ ,., ,..,..'.........,...., ......,., "" ...,......, ,.', ,.,.......,..,.,:., Social S""urity No. ....J9.b..::-....~..H..:....."8..!i.1................. (when~ appliCJIbJe) full year 0 One Semester [&I -1;'-'-' #taA ...LY..:...JQ,j~\t~r.y..~.2.. Expected completion date"~""""'!"'J~~...;."OO.5....:.... Start date of course Note: The choice of subjects a,nd modules you propose to study wiff be confirmed at registrationby,yOur depanment(s)/school{s). I confirm my acceptance of a pla"e at University of Leicester for the above Programme, I undertake to comply with the University's registration procedure and tuition fee payment requirements, and to observe toe Charter, Statutes, Ordinances and Regulations of the University. I have withdrawn my appli"atlons from all other institutions. I confirm that the information given on this form and my application form is true, complete and accurate and no Information requested or other material information has been omitted, ",,' I have re"eived and understood the data protection statement (see blue sheet attached, please deta"h and keep). ,I accept that, if I do not fully comply with these requirements the University of Leicester reserves the right to eancel my application and I shall have no claim against the University, .~:"~: . Signature ;f:;;I,1:",~tr?!-,4.,P./.k.{kkag.:&-........,..,..., Date .,.(y~.:jLg.:f.C..",..,.u.,......... ~../ Please return all the copies of this form (except the blue copy) with your Financial Guarantee Form and Accommodation Form AS SOON AS POSSIBLE to STUDY ABROAD, INTERNAnONAL OFFICE, UNIVERSIn' OF LEICESTER, UNIVERSITY ROAD, LEICESTER, LE1 7RH, UK. ~~""~:~..~~;.~/:. :'.\,~.-;:",' ',,'.", :.~' :;~,t, .'',:. .:..,....,., -J';:.I." ~:."";~'..:,.;: .i:..'. .'0.::<..:';. ;:"l:i',;,)::":':~:i:~.:':~.^~..";.,;;'/!c::',.('.~.,,._';~':..l$.r"0~~': ~.:::i:'.,"':"";:' ';.: ,". . ,..,::.....".~,;:; '. .~,;,~..'::._ '_:':"':-.":'.'.:;..~~ '," ,', __, . . :"'--::-:: ;.',..:.;..:,-. . "~'" PLEASE DETACH AND RETAIN BLUE SHEET. FOR REFERENCE ~ . ~,;!:.~~'':.>J'1:-: ~ ...:~ t~.. ic:'''''~.;_..:;,:.!'1':.:~;-.'~.(~_'>.:;.:;'':'i:'~.:..;.~: ;_;;;",::,,,j:,~~.~!o~,-:-. "1,:~_~ :,,:--:,.,~1:.:.;:..~~;.,~~;.');,,;,.;- ;:;':"~!:;: '. ::::;v..~: ',.\:~,'.'lj ,::~.\:., _"'-::'.!S.t-.~ ~.~.",,-.~ _ ';;i" .~ .....,"I!".-':".,~.I:: -s~.:, ~'.~ ",,':M~.'. 'c C~ ".~~<:, ~;;:., ',,_ ,,', .,. __ ~.. ~ ...' ,,~', ':7..', PINK COf'"t Academic OHice c3REEN COpy; International Office' eLUE SHUT; Stud4mt , , .;."A';;".'\",.-,',--..,':;- ....,.,,--,"'.,. f:d Wd$C::60 SOOC: t'0 'U1?.f mSl> f:l>S 01:9 'ON 3NOHd " :;;: ,if '::; .~ (. .' ,~ ".,-:' ".' ~~. ':;1 .{', "1' . ,'.' " 'f; o ,::~ ,~) .:~~ . ,~ ,,:,:~ "1 .' .' . .:.~ ,~ fi 3 i'~ ,,) .'~ ;;~ . '", 1 i J i .,~ 'J Il ,., ::*, WO<I;J ~ .: uni~ersity of , LeIcester Study Abroad Programme Information Name: Kimberly Ann HelmJe Home Shippcnsberg University University: progl-amme: Lcic.:cster Semester Duration: Second Semester Cost: H,750 for catered hall accommodation or .1:5,150 for .elf catered accommodation Dates of 14'" January.. 6" May. Attendance: Courses to be offered*' Semester Department Cou.l"Se Title Course Leicester Code Credits Two Sociolo2Y Undc...ta~ Societies SYlOO2 20 n,e Sociology of Heald}, SY3068 20 Illne.. & Bodv Ageing, Death & the We SY3070 20 Course Your module choices will need to be reconfirmed at regj;,tration. * Please note that. we will not hav~ checked the timetabJ~ b~fof~ you arrive therifore we do not 9uorantu t.here are no timetabLe clashes. It may be necmary to make channa when YOll dTd.-e in Leicester., if you do hdY~ r:o chanae courses you should onree these with your study abruad adviser at Jour home unirusio/. I accept the place offered on the University of Leicester Study Abroad Programme. .",00, ~ a./~ / ' Do,", :2 / / t-j Please sign and return one copy to: Study Abroad, International Office, University of Leicester, University Road, Leicester, LEl 7RH, UK The other copy is for your infonnation please remember to bring it with you when you register. pd Wd92:W S00e: p0 'Ul?I' 0JSp <:PS 01:9 'ON 3NOHd WO<l.:J ********************* *** TX REPORT *** ********************* TRANSMISSION OK TXlRX NO DEPT. ID CONNECTION TEL SUB-ADDRESS CONNECTION ID ST. TIllE USAGE T PGS, RESULT 2162 0001 17175323308 01105 13:39 00' 44 5 OK dJ{}i#I.br.''r' ~ G/V~ Attorneys At Law 1313 Race Street Philadelphia, PA 19107 Telephone (215) 568-5155 38 Haddon Avenue Suite 100 Haddonfield, NJ 08033 Telephone (856) 42$-7469 Facsimile (856) 428-7530 Faeslmlle Transmission Cover Sheet TO: Honorable Harold E. Bender FROM: Richard p, K1ineburger, III, Esquire RE: Commonwealth v. Hemic DATE; 01105/05 FAX NUMBER; (717) 532-3308 NUMBER OF PAGES (including cover sheet): 5 MESSAGE: Enclosed please find correspondence with regard to the above captioned matter. CONFIDENTIALITY NOTICE The infonnation contained ill this facsimile from the Law OffICeS of Klineburgcr & NosSO}' is privileged and confidential. It is intended for the sole use of fue person or organization listed on this transmittal cover sheet. If you are not the intended reeipientofthis transmission, the copying, dissemination, '*' .' "'ol"" _' ..-'\,~ IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Notice of Appeal from Summary Criminal Conviction Name and Address of Defendant: Name and Address of District Justice: r 'j- ~, ~ 'r'~ i _..1-\ ( .~;.;,C1.~1.~-" t ""\ Zip i i ''f, ';i ,,',J';:; . ",,', Zip 1 '!2~'7 Signature Magisterial District No. )C;"" J_ir1 Decision of Di.strict Justice: ,'; . '". .,.....c...-,-,...... t .'-..,l:,-" -;,' .",'0"> ^', Date of Decision ~ 1 Offense(s) Appealed Name and mailing address of officer as shown on citation If sentence includes fine and costs, amount of which paid: or complaint .... c') $ '-',}. :.~:" ;'1' to. Type or amount of bail furnished to DismctJOSliC(:!, if any: {-t",; " '7 District Justice Docket No. T.>.;' \.;, I .' Name and Address of Attorney: (signature) ,In Citation No. <~'i 32;) ,1:' ~' . ~ ,,' (address) l IX~~ii ,,-') ,1 :~ _~ Phone: ' ',i,' ~'. ~':: ".' ~ .~ ~ -,- 1 "1'" Z. I.! Ip 'f :it. "i'~' A ID# ,,).,. uy.. . 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 Hcense being suspended, you .'11~y have the Clerk of Courts certify the Bureau of Driver licensing copy qf~~~fffilMQcyour use in rE!<lu~ting '....'"". Jdelay in that suspension . _;;r-, e.?J:..l),,! ", . _,';:-ec..... .... '. '. .." ,.' .: \~'~ "';...........1''''. i;. ^'. ',. .." ..." '" ,," .... .1':, - ~~'. . "" 'f. , .. ",,. .. "'~':..;';'" ' . I hereby certify that an appeal had been filed in the a~il~ ;taptioneg mpU,~~ ' ," : ::,z~~;nG 'c;., L':.~_,J ,: ., ~ ~..{, ~ ..~ CLERK OF' COURTS. WHITE - Cieri< of Courts GREEN - Affiant's Copy YELLOW - District Justice PINK - District Attorney GOLD - Defendant (.) ~ 11\l?t _ lrt ~ "'Q, 0-) t> ~ -cJ ~ --a r ( E J:- .... Q -'"1 :;:1 -"~~ (.)'1 ( .'. I -'- - ;\'1 r; \:? 'I CJ') C.J , KIMBERL Y A. HELMLE, : Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee NO. 05-845 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of February, 2005, upon consideration of Appellant's Petition for Appeal From a Suspension of Driving Privileges, a hearing is scheduled for Thursday, May 5, 2005, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~ard F. Klineburger, III, Esq. 1313 Race Street Philadelphia, PA 19107 Attorney for Appellant George Kabusk, Esq. ;> Assistant Counsel ~artment of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee ~op-J; W U .~ o ~ <1.3 -OS :rc \iOJ'V tC"l Wd S'Z'i)3J":fm KIMBERLY A. HELMLE,: Appellant IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL V NIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, Appellee NO. 05-845 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of March, 2005, upon consideration of the at ached letter from Richard F, Klineburger, III, Esq., attorney for Appellant, th~ hearin previously scheduled for May 5, 2005, is rescheduled to Wednesday, June 22, 21005, at :30 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. ~hard F. Klineburger, III, Esq. 1313 Race Street Philadelphia, P A 19107 Attorney for Appellant ~orge Kabusk, Esq, _\ Assistant Counsel Department of Transportation 3rd Floor, Riverfront Office Center 110 I South Front Street Harrisburg, PA 17104-2516 Attorney for Appellee :rc BY THE COURT, / //," /'C', t ':.- esley Oler;~J ., " ,I' G'Cl.J...~, L~ r ~ ~ 0330 05 c., (;.{) :1:.L ~,;d O'S tr~'ti ;uoZ ~o - 03/29/2005 TUE 15:20 FAX ~lItS i~ .~ ~.~ ~~GAi~ Attorneys At Law 1313 Race Street Philadelphia. PA 19107 Telephone (21.~) 568-5155 Facsimile (856) 428-7530 Richard F. Klineburger. III Cartified by the Supreme .Court of Nsw JBraey as a Criminal J rial Altanlq D. RY~fl NU~::il..;y Atbnltted to pllle/i<t: in N_ J"mry & r""'Q:ylvfUl;a March 29, 2005 Attn.: Ruth Honorable Wesley Oler, Jr. Court of Common Pie"" Cumberland County Courthouse On" Courthous" Sq\Ul1'C Carlisle, Pennsylvania 17013 sent vtafacsimile (717) 240-6462 and regular m'lil Re: Kimberly A. Helmle v. Commonwealth No.: U5-1145 Civil Term 141 002/005 near Judge Oler: As you are aware, this firm represents Ms. Kimberly ~elmle, defendant in the above aptioned matler which is scheduled for Hearing on Thursday, May 5, 2005 at 1:30 p.m. Pledse be adv' d thaI Ms. Helmle will be out of the country from January 13,2005 uIllil May 6, 2005 (see c:n~losed E- ickel Receipt and University of Lei chester Study Abroad Programme Information). Alsq, please n te that the Sununary Appeal has been scheduled for May 31, 2005 at 2 p.m. In lildlt of same, 1 respe Iv request that this matter be rescheduled 10 a dale after May 31, 2005. Please note that I havc spoken to George Kabusk. Counsel for the DepaItment ofTr and Mr. Kabusk has no objection to this request. I thank you for your anticipaled cooperation. If you should have any question<, plea. (eel free to contact me at my office at any time. ill EDURGER, m RFKlJg Enclosures co; George Kau".k, &ljuin, (wi/huul encl(J8ur~8) Kimb~rly Helml", (wirhour enClosV1/' ,., ~ l ....,. !"j (\. -- ':;) f, /~ .......... i ,- r ." . , .. "/ I "'...' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION KIMBERLY A. HELMLE APPELLANT, NO.: 05-845 Civil Tenn v. Civil Action - Law COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPELLEE. AMENDED PETITION FOR APPEAL FROM A SUSPENSION OF DRIVING PRIVILEGES I. Appellant herein is Kimberly A. Helmle residing at and having a mailing address of 131 School Lane, Springfield, Pennsylvania 19064. 2. Appellee herein is the Department of Transportation ofthe Commonwealth of Pennsylvania, having a mailing address of: PENNSYLVANIA DEPARTMENT OF TRANSPORT A TION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PENNSYLVANIA 17104-2516 3. By letter of notice dated January 28, 2005, a copy of which is attached hereto as Exhibit "A", the Department of Transportation ordered the Appellant to surrender her driver's license for a period of ninety (90) days. 4. On or about February 15, 2005, Appellant filed a timely Notice and Petition to Appeal License Suspension (See Attached Exhibit "B"). 5. Said Suspension was based was based on the fact that Appellant was convicted in absentia for an alleged violation of Section 6308 (offenses related to alcohol) and her driving privileges were being suspended for ninety (90) days as mandated by Section 1532D of the Motor Vehicle Code. 6, Counsel herein filed a timely Appeal of said Summary Conviction and the matter was scheduled for trial on May 31, 2005 before the Honorable Edward E. Guido. On same date, the Commonwealth withdrew the alleged violation of Section 6308 based on the fact that the could not meet their burden of proof and, Appellant entered a guilty plea to one count of Disorderly Conduct as per Section 5503 of the Pennsylvania Criminal Code. (See Attached Exhibit "C"). A conviction for a violation of Section 5503 does not mandate a suspension of an individual's driving privileges under the Motor Vehicle Code, 7. The said suspension of Appellant's driver's license is improper or unlawful for the following reasons: I. A conviction for a violation of Section 5503 does not mandate a suspension of an individual's driving privileges under the Motor Vehicle Code. WHEREFORE, Appellant respectfully requests that this matter be set down for a hearing and that the Order of Suspension be set aside. Dated: r-!a,!os- RICHARD F. KLINEBURGER, III, ESQUIRE Attorney Identification No.: 79883 1313 Race Street Philadelphia, Pennsylvania 19107 Attorneys for Appellant Kimberly A. Helmle Phone Number: (215) 568-5155 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Dated: to, //6/0 r ~' RICHARD F, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION KIMBERLY A. HELMLE APPELLANT, NO.: 05-845 Civil Term v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPELLEE. CERTIFICATION OF SERVICE I, Richard F. Klineburger, III, Esquire, attorneys for Appellant, Kimberly A. Helmle, do hereby certifY that a true and correct copy of the foregoing Amended Petition was served upon the Pennsylvania Department of Transportation, Office of Chief Counsel, via Facsimile and Certified Mail,1ci4l~?D OOQl5 4IoGin 4111 , Return Receipt Requested, on June ~, 2005, to the following address: George Kabusk, Esquire Assistant Counsel Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 RICHARD F. KL URGER, III, ESQUIRE Attorney Identification No.: 79883 1313 Race Street Philadelphia, Pennsylvania 19107 Attorneys for Appellant Kimberly A. Helmle Phone Number: (215) 568-5155 Exhibit" A" FROM .: PHOtt NO, 610 543 4510 Feb, 04 2005 04:56PM P2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Dri~er Licensing Mail Date: FEBRUARY 04, 2005 KIMBERLY A HELMLE ],31 SCHOOL LANE SPRINGFIELD PA ]'9Db~ WID t 050286194480409 00], PROCESSING DATE 01/28/2005 DRIVER LICENSE t 27254308 bATE OF BIRTH 12/28/1983 ~ ...;....,--. D~ar WS. HELHL~: As a result of Your violatiDn on 11/13/2004 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a periOd of 90 DAY(S) as mandated by section 1532D of the vehicle code. The e~fective date gf sUSPens1gn is 03/11/2005. 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 inst~uc~ions Ve~y care1'ully. EVen i i' 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 dri~er's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 03/11/2005. You may surrender these items before, 03/11/2005, for earlier credit; however, yoU may not drive after these items are surrendered. - YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFXCATION 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 nat receive credlt toward se~ving any suspension until we ~eceive your license(s). Complete the following steps to acknOWledge this suspension, 1. Return all current PennSYlvania driver's licenses, learner's permits and/or cameO'", cards to PennDOT. If yOU do not have any of these items, send a sworn FROM .: PHONE NO. 610 543 4510 Feb, 04 2005 04:56PM P3 050286194480409 ~ 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: F Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. UDon re-ceiiit;--rev"i'@W"and-acc@Ptance of-Your Pennsylvania d~iver's lic@nsees), learner's per_itCs). 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 b" giv"n 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 P"nnsYlvania Vehicle Code. PAYING THE RESTORATION FEE You IIIUSt pay ill restoration fee to PennDOT to be restored from a susP~nsiQn/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed ADPlication for Restoration. The amount due is listed on the apPlication. Write your driver's license number (listed on the first page) on the check or__~~~r:_~r _i.o__ e.~-r:! praper credit. Follow the paYment and mailing instructions on the back of the application. z. 3. PROVIDING PROOF OF INSURANCE Within the last 30 days of your sUsPension/revocation, we will send yoU a l.etter asking that YOU provide proof of insurance at that time. This letter wil.l list acceptable documents and what will be needed if yOU do nat own a vehicle registered in Pennsylvania. IMPORTANT: Please make sure that PennOOT 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. FROM .: PHONE NO, 610 543 4510 Feb. 04 2005 04:57PM P4 050286194480409 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, FEBRUARY 04, 2005, of this letter. If YOU file an appeal in the county COUl't, the Court will give YOU a tille-stamped certified copy of the appeal. In order for F YOUr appeal to be valid, you must send this time-stamp"d certified COpy of the appeal by certified Mail to: Pennsylvania Department of Transportation Offic~ of ChiefCou~sel Thi r d"Fl oiir-; 'R"iv erfro nCOffTc e-1::enti ""---- -- Harrisburg,PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license Products to PennDOT by 03/11/2005. c.. Sincerely, ~~\~ Rebecca L. Bickley, Director Bureau of Driver Licensing IN STATE OUT-OF-STATE WEB SITE ADDRESS INFORMATION 7:00 a.m. to 9:00 p.m. 1-800-932-4600 TDD IN STATE 717-391-6190 TDD OUT-OF-STATE www.dmv.state.ba.us 1-800-228-0676 717-391-6191 Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KlMBERL Y A. HELMLE APPELLANT, :FILE NO.: ~.., ) v. r; --; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPELLEE, :1 (- F PETITION FOR APPEAL FROM A SUSPENSION OF DRIVING PRIVILEGES .. ., L_, I. Appellant herein is Kimberly A. HelmIe residing at and having a mailing address of 131 School Lane, Springfield, Pennsylvania 19064. 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mailing address of: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PENNSYLVANIA 17104-2516 3. By letter of notice dated January 28, 2005, a copy of which is attached hereto as Exhibit "A", the Department of Transportation ordered the Appellant to surrender her driver's license for a period of ninety (90) days. 4. Supersedeas; Pursuant to 75 Pa.C.S.A. ~ 1377 (a), Appellant is retaining her driver's license until final determination of the suspension. 5. The said suspension of Appellant's driver's license is improper or unlawful for the following reasons; I. The Appellant was not in the United States at the time that the trial was scheduled, The trial was held in absentia and the Appellant was never given warnings that a trial may proceed in her absence. II. The Appellant was not given an opportunity to present a defense nor confront any witnesses thereby denying her constitutional rights afforded through the Sixth Amendment. "- iii. Appellant's counsel was in the middle of a First Degree Murder Trial and F could not appear on Appellant's behalf. This violated the Appellant's constitutional rights to be represented by counsel as given by the Fifth Amendment. IV. The District Justice was placed on Notice of the fact that the Appellant was out of the country and that her attorney was in the midst of a First Degree Murder Trial (see attached Exhibit "BOO). v. The Appellant has appealed the guilty finding of the District Justice (see attached Exhibit "COO). WHEREFORE, Appellant respectfully requests that this matter be set down for a hearing and that the Order of Suspension be set aside. Dated: ~ I~() RICH F. KLINEBURGER, III, ESQUIRE Attorn Identification No.: 79883 1313 Race Street Philadelphia, Pennsylvania 19107 Attorneys for Appellant Kimberly A. Helmle Phone Number: (215) 568-5155 VERIFICA nON I verifY that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Dated: I\\O~') F RICHA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KIMBERL Y A. HELMLE APPELLANT, :FILE NO.: v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPELLEE, F CERTIFICATION OF SERVICE I, Richard F. Klineburger, III, Esquire, attorneys for Appellant, Kimberly A. Helmle, do hereby certify that a true and correct copy ofthe foregoing Petition was served upon the Pennsylvania Department of Transportation, Office of Chief Counsel, via First Class Mail and Certified Mail, 10ft Yfro ~2-1 0ff111 95~~ , Return Receipt Requested, on February ~, 2005, to the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pennsylvania 17104-2516 KLINEBURGER, & NUSSEY RIC A F. LINE GER, III, ESQUIRE Atto y Identification No,: 79883 1313 Race Street Philadelphia, Pennsylvania 19107 Attorneys for Appellant Kimberly A. Helmle Phone Number: (215) 568-5155 Exhibit "C" COMMONWEALTH IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA VS CP-21-SA-0021-2005 CHARGES: DISORDERLY CONDUCT KIMBERLY A. HEMLE AffIANT: PTL. DEREK STARLIPER IN RE: GUILTY PLEA AND SENTENCING ORDER OF COURT AND NOW, this 31st day of May, 2005, the Defendant having tendered a plea of guilty to disorderly conduct in violation of Section 5503 of the Crimes Code in full satisfaction of all charges, said plea is accepted and recorded. Sentence of the Court is she pay the costs of prosecution plus a fine of $200.00. Forest Dean Morgan Certified Legal Intern For Commonwealth Richard Klineburger, III, Esquire For Defendant D.J. Harold E. Bender ~ :mlc ,...., ,...-., 0 c.::> , ,::..'} --;1 c..>"'\ L.::. .-l :1: .on P'l""':: 1~~') -S~;7 c.-' ~.Cl 1"',', -""..J -":. ~.. (') C.J ':,rrl , :2 ).~-.. --:") .~) w .< KIMBERLY A. HELMLE,: Appellant v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-845 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of June, 2005, upon consideration of the attached letter from Richard F. Klineburger, III, Esq., attorney for Appellant, the hearing previously scheduled for June 22, 2005, is cancelled. ~chard F. Klineburger, III, Esq. 1313 Race Street Philadelphia, PA 19107 Attorney for Appellant fiorge 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, ~\,,\\"<,\" "1 \ '.S i<\d 7:?- \Ii'll <;\":&1. ",3' " " .. 'I, ",1.',1 ')\,j', ~O ^O"'~~':V\,;\..;\'\....V,.~'J .....ru. -;'J\~.\O-0'j\H 06/21/2005 TUE 00:42 FAX Ii!I 0021002 ..,..~ . ~ . . .." rff(l;,.J". .,- l!" G/V--" Attorneys At Law 1313 Race Street Philadelphia. PA 19107 Telephone (215) 568-5155 Facsimile (856) 428-7530 Rjchard F. Klineburger, III c.:~,.UJwd by ,he Supreme Court of Nc.~r JGruy a~ a Criminal Trial Attonl~Y D. Ryan Nu,""Y ADmlttPod In p~nr.t;rp in New Jersey &: Pe"J'~ylPaniD. Cnrmcn M. Fine!';"" June 21, 2005 Attn: Ruth Honorl\ble Wesley Oler, Jr. Cuurl uf Cummon Pleas Cumberland Cuunty Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 s~nt via facsimile (7 J 7) 240-6462 and regular mail Re: Relmle y. CUillwunwellllh No.: 05-845 Civil Term Dear Ruth: Pllr~lIant. t.o onr ~onvATsMion on today's date, this will c,~nfirm that I will be filing a Praecipe to Withdraw the Appeal in the above captioned matter. In light of same, this further eonfirm that I will not be appearing at the hearing scheduled 011 Wo;:ulll:::~iliIy, JUllO;: 22, 2005. I thank you for your kind attention to thiS matter. verzttJrours. KRD \. KLlNEBURGTIR, III RFKllg Illl; George Kabusk, Esquire (sem via facsimile and regular mall) '. .'f' i ,. C) 1< \>~ (''') ,/t/ :....f t,. (" .......', V . 38 Haddon Avenue, Haddonfield, New Jersey - Telephone (l!~6) 42l!-7469 KLINEBURGER & NUSSEY Attorneys at Law By: Richard F. Klineburger, III, Esqllire 1313 Race Street Philadelphia, PA 19107 Telephone: (215) 568-5155 Attorney ID No.: 79883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION KIMBERLY A. HELMLE APPELLANT, NO.: 05-845 Civil Term v. Civil Action - Law COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPELLEE. PRAECIPE TO WITHDRAW Kindly withdraw the Appeal from a Suspension of Driving Privileges in the above captioned matter as same is moot. F. KLINEBURGER, III, ESQUIRE Dated: ~-~I-D5 Q ...., 0 = , c:=> -" c.n ~-n .c:_ L~ S~ 111t.J 1') :n8 w ~i~~ -D- r:? ,~, --1 )~ U1 :'...'J 0 -<