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Home My WebLink About05-1364 TARA CROMER MALDONADO, APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D5..- Jj(Pt/ COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL APPELLEE APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Tara Cromer Maldonado, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within Appeal avers as follows: 1. Appellant resides at 31 Union Church Road, Dillsburg, Pennsylvania 17019. 2. On December 27,2004, the Cumberland County Court of Common Pleas accepted Appellant's guilty plea to Count 2 of Criminal Action # CP-2I-CR-2619-2004; said Count was a violation of 75 Pa, C.S.A. S3802 (a)(2) (Driving Under the Influence, General Impairment, .08% - .10%). 3. As part of the plea arrangement that was accepted by the Court, Appellant's conviction was to be considered as a first offense. 4, Appellant was subsequently sentenced on February 8, 2005 as a first-time offender under Penalty Section 3804(a) of the Vehicle Code. 5. Appellant received notice from the Department of Transportation dated March 10, 2005, stating that as a result of the above conviction, her driving privilege was being suspended for a period of one (I) year, effective April 14,2005 at 12:01 AM. A copy of said letter is attached hereto as Exhibit" A. 6. Said suspension is improper; it is not authorized by statute under the circumstances of AppelJants conviction; as Ordered by the Cumberland County Court of Common Pleas, AppelJant's conviction was to be considered as a first offense and therefore falls under the penalties dictated in g3804(a) of the Vehicle Code which do not authorize a license suspension. 7. The Department of Transportation has no other statutory and/or independent authority to impose said suspension. Respectfully submitted, ROMINGER, BAYLEY & WHARE WHEREFORE, your Appellant respectfulJy requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Date:S/lLt~os ~ 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 87663 Attorney for AppelJant TARA CROMER MALDONADO, APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VANIA v. NO. COMMONWEALTH OF PENNSYLVANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL APPELLEE VERIFICATION MARK F, BAYLEY, ESQUIRE, states that he is the attorney for Tara Cromer Maldonado, Appellant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa, C.S. Pa.C.S. g4904, relating to unsworn falsification to authorities. Dffio j ~ N-~ ()~ M",~? Attorney for Appellant TARA CROMER MALDONADO, APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL APPELLEE Dated: -S~lq-~os M~5 Attorney for Appellant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, Tara Cromer Maldonado, do hereby certifY that I this day served a copy of the Notice of Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, P A 171 04-2516 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MARCH 10, 2005 TARA CROMER MALDONADO 31 UNION CHURCH RD DILLSBURG PA 17019 WID t 050626137312505 001 PROCESSING DATE 03/03/2005 DRIVER LICENSE. 26526639 DATE OF BIRTH 08/10/1983 E XH I ~ IT "A II Dear MS. MALDONADO: This is an O~~icial Notice o~ the suspension of your Driving Privilege as authorized by Section 3B04E2I of the PennsYlvania Vehicle Code. As a result of YOUr 12/27/2004 conviction of violating Section 3802A2 of the Vehicle Code DUI BAC .08-<.10 on 08/30/2004: . Your driving privilege is SUSPENDED for a period of 1 VEAR(S) effective 04/14/2005 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 ~ollow ALL inst~uctions ve~y ca~e~ully. Even i~ you have se~ved all the time on the suspension/revocation, we cannot restore your driving priv- ilege until all the requirements are satis~ied. 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 04/14/2005. You may surrender these items before, 04/14/2005, for earlier credit; however, yOU may not drive after 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 iden- tification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 050626137312505 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 nota- rized 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 licenseCs), learner's permitCs), and/or a sworn notarized letter, PennDOT will send you a receipt con- firming the date that credit began. If YOU do not re- ceive 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 pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 Ca) (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 Clisted 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. IGNITION INTERLOCK Before your driving privilege can be restored YOU are re- quired by law to have all vehicleCs) owned bY yoU to be equipped with an Ignition Interlock System. This is a result of your conviction for Driving Under the Influence. You will receive more information regarding this requirement approx- imatelY 30 days before your eligibility date. 050626131312505 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 in- surance 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 this letter. 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.pa.us 1-800-228-0676 717-391-6191 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MARCH 10, 2005, of this letter. If you file an appeal in the County Cou~t, the Cou~t will give YOU a time-stamped ce~tlfied 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 products to PennDOT by 04/14/2005. Sincerely, ~~,~ Rebecca L. Bickley, Director Bureau of Driver Licensing 1;'.., , 9-- < '::' [~-Q. < -6. .< _ '< ~ Y ~ _;;: ~~~~'~J t03~ ~~ ~ .,.. \ ;\ MAR 1 8 21lfJ5 ..,,'" TARA CROMER MALDONADO, APPELLANT IN THE COURT OF COMMON PLE . S OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Q.!5 - /3 ~ { COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, LICENSE SUSPENSION APPEAL APPELLEE ORDER OF COURT AND NOW, this ,iSI';,( day or';} l d I(I/{ j, 2005, upon considerati of this Appeal From Suspension Of Operator 's Privilege, it is Ordered that a hearing on the. atter shall qtA "~j CI'30/1 be held on the dayof7"JIl€ , 2005, at '1' v o'clock Courtroom NO.1- ofthe Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code S l550(b)(1) until such ti e that this I Honorable Court resolves this appeal. I By the Court: . /l.;1, J. I I D~ution: I ~ Department of Transponation, Office of Chief Counsel, Third Floor, Riverfront 'ffice Center, Harrisburg, PA 17104,2516 ~inger, Bayley & Whare, 155 South Hanov"er Street... Carlisle, PA ]7013 Mark F. Bayley, Esquire i[',C~~,\ ,'./Y A\\~) ,( /" ",' y-cO 0,) J FILED--Orr:CE OF n-IE c'f.)(".,;J0'1,'(1-1 "'IV . r "_~!' ,__, .'..< '-\l.. 20D5 M!\R 23 PH 2: 41 CU\lL__::',- TARA CROMER MALDONADO, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-1364 CIVIL COMMONWEALTH OF P A, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL ORDER AND NOW, this "':f' day of April, 2005, hearing in the above captioned matter set for June 9, 2005, is continued to Wednesday, June 22, 2005, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 4;[ Mark Bayley, Esquire For the Appellant :r1m (i~_~ 4- ~ vS- J)s George Kabusk, Esquire For PennDOT Vi\! ~/i\-l, \,S'\:' 'f\~ A Lf':nC_{--' .,,~. lJO :~ Hd L - ~dV SOUZ ^. ,.j\JIU. W'Ulr.','d :1\-11' ~O 1...111 l~vJ I Jd\ . oJ' ~ 3J!:!;!O-{l31Ij TARA CROMER MALDONADO, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-1364 CIVIL COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, AppelJee LICENSE SUSPENSION APPEAL IN RE: APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE ORDER AND NOW, this .z.," day of July, 2005, the court b(~ing satisfied that the outcome of tills matter is governed by the principles set forth in Lefever v. Dept. ofTransp., Bureau of Driver Licensing, 533 A.2d 501 (Pa.Cmwlth. 1987), the within appeal from suspension of operator's privilege is DENIED. BY THE COURT, :r1m .t~ 07-:LQ -05 r ,4~ ~k Bayley, Esquire For the Appellant .A3eorge Kabusk, Esquire For PennDOT t! :t: ILl 62 SDOZ