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Home My WebLink About05-0919 o COMMONWEALTH OF PENNSYLV AN1A DEPARTMENT OF TRANSPORTATION, Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMS10N v. No.: O~ ~ ~~ JESSICA LYNN BAKER, Petitioner STATUTORY APPEAL PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATOR'S LICENSE TO THE HONORABLE JUDGES OF THE CUMBERLAND COUNTY COURT OF COMMON PLEAS: I. Your Petitioner, Jessica Lyrm Baker, is an individual residing at 105 Willow View Drive, Carlisle Pa 17013. 2. On or about January 18, 2005, Petitioner received a Notice from the Pennsylvania Department of Transportation notifYing her that her present operator's license, bearing number 26015767, was being suspended effective February 21,2005. A true and correct copy of this notice is attached hereto and marked as Exhibit "A." 3. This suspension arises out of the Petitioner's alleged failure to pay a judgment resulting from a motor vehicle accident on 5/5/2002. 4. That Petitioner is attempting to resolve this matter with Progressive insurance at this time. 5. That ifher license is suspended, she will be unable to work at any gainful employment that will permit her to satisfy this judgment. o COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL DMSION v. No.: 05" -1/q ~~ JESSICA LYNN BAKER, Petitioner STATUTORY APPEAL PETITION FOR APPEAL FROM ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERA TOR'S LICENSE TO THE HONORABLE JUDGES OF THE CUMBERLAND COUNTY COURT OF COMMON PLEAS: I. Your Petitioner, Jessica Lynn Baker, is an individual residing at 105 Willow View Drive, Carlisle Pa 17013. 2. On or about January 18, 2005, Petitioner received a Notice from the Pennsylvania Department of Transportation notifYing her that her present operator's license, bearing number 26015767, was being suspended effective February 21,2005. A true and correct copy of this notice is attached hereto and marked as Exhibit "A" 3. This suspension arises out of the Petitioner's alleged failure to pay a judgment resulting from a motor vehicle accident on 5/5/2002. 4. That Petitioner is attempting to resolve this matter with Progressive insurance at this time. 5. That if her license is suspended, she will be unable to work at any gainful employment that will permit her to satisfY this judgment. 6. That this is not the intent of the statute. 7. Petitioner's suspension should automatically be stayed upon filing of this petition and upon timely notice to the Department of Transportation. WHEREFORE, your Petitioner respectfully requests that this appeal be granted and, in the interim, this Honorable Court enter a stay of Petitioner's operating privileges pending this appeal. Respectfully Submitted, THE LAW OFFICES OF RICHARD R. GAN ~i': ; ~~~. . chard R. Esquire Attorney for Petitioner 17 West South Street Carlisle, P A 17013 (717) 241-4300 Supreme Court ID # 68721 ~ ;: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 17, 2005 JESSICA LYNNE BAKER 105 WILLOW VIEW DRIVE WID t 050106187496818 001 PROCESSIN&DATE 01/10/2005 DRIVER LICENSE t 26015767 DATE OF BIRTH 05/06/1982 CARLISLE PA 17013 Dear Motorist: The Court of CUMBERLAND CTY has indicated YOU have failed to satisfY a judgement resulting from a moter vehicle accident on 05/04/2002. Your driving privilege is hereby suspended as authorized by Section 1772 of the Vehicle Code until YOU satisfy the judgement. Court II: 1840 Term: 2004 Your driving privilege will not be restored until you provide proof to the Department that all motor vehicles registered in your name are covered by a motor vehicle li- ability insurance policy or by a program of self-insurance approved by the Department and an official certificate of satisfaction from the Prothonotary of CUMBERLAND CTY . This insurance information will not be accepted more than one (1) month before the eligibility date of the res- toration of your driving privilege. \ In order to comply with this san~ction YOU are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, YOU are required to submit a DL16LC Form or a sworn affidavit stating that YOU are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. 050106187496818 The effective date of suspension is 02/21/2005, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 3D days of the mail date, JANUARY 17, 2005, of this letter. If you file an ap- peal in the County Cou~t, the Cou~t will give you a time- stamped ce~tified copy of the appeal. In order for your appeal to be valid, yoU must send this time-stamped certi- fied COpy of the appeal by cer~ified mai~ to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 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 ~ ~~~ -- ~ '-... G~ c (j C.J ~ :::- .\ ~ ~ -,., fT'1 :~,-::l G::,; -.: ~ "'71 :J~ C~) _..1 en <.1, C-, '--" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent FEB 2 ~~ 2005~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DMSION v. No.: 2005- q 11 ~~ JESSICA LYNN BAKER, Petitioner STATUTORY APPEAL ORDER After reading the attached petition and the court being otherwise fully advised in the premises IT IS ORDERED THAT hearing in this matter shall occur on the ;. ~y of m4~ tfiJ ? ~ ..3 0 A. I/J courtroom number 5, Cumberland county Courthouse. It is further ordered that the Order issued by the Pennsylvania Department of Transportation suspending petitioners driving privileges shall be stayed pending the outcome of this hearing. IT IS SO ORDERED. [(j~IL :r. . I /JJA1l~ IF' ~O(}5 Dated / - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VS NO. 05-919 CIVIL TERM JESSICA LYNN BAKER, Petitioner STATUTORY APPEAL ORDER OF COURT AND NOW, this 2nd day of May, 2005, the petition i ~ppealing suspension of her operating privileges is dismissed and ~ny the action of the By th Edward ~. orge H. Kabusk, Esquire ffice of Chief Counsel or Respondent fennDOT ~ard R. Gan, Esquire /f~~U~etitioner I:mlc I , , > ro-L)5 -oS ~:\S :'(, t\) '1,-..; .1~i ..- .., ~0r\'/ ...n;.... :\0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VS NO. 05-919 CIVIL TERM JESSICA LYNN BAKER, Petitioner STATUTORY APPEAL ORDER OF COURT " AND NOW, this 2nd day of May, 2005, an order i.s issued upon Richard R. Gan, Esquire, to show cause why he should not be peld in contempt of court for failing to appear at the scheduled hearing in this matter. Rule retfrr~le within 10 days of service. By ~he cour:/ ~~a'4 / Edward E. Guido, J. b1chard R. Gan, Esquire ~tt~rney for Petitioner i I:mlc , s:; :2 }{d 11 ~~ }, \;'~1 goaz