The URL can be used to link to this page

Home My WebLink About05-2149 05/ J./tfq ~ MEGAN E. CROWLEY, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA No. CP-21-SA-0049-2005 COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Megan E. Crowley, by and through her attorney, ark F. Bayley. Esquire, and respectfully avers the following: I. Appellant resides at 30 Acomo Drive, Dillsburg, Pennsylvania 17019. 2. Appellant received Notice dated February 24, 2005, stating that as a result of her alleged violation of the 18 Pa. C.S. S 6308 on January 30, 2005, her driving privilege was be ng suspended for a period of one (I) year, effective March 31, 2005. A copy is attached hereto Exhibit "A". 3. Suspension is improper in that: (a) Appellant has requested a trial de novo and therefore has not received a fi al conviction regarding the above charge. WHEREFORE, your Appellant respectfully requests this Honorable Court 0 schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully submitted, ROMINGER, SA YLEY & WHARE Mark F. Sa , Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Appellant Date: l-)r;-o,- MEGAN CROWLEY, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS F : CUMBERLAND, PENNSYLVANIA No. CP-21-SA-0049-2005 LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire for Mark F. Bayley, Esquire, attorney for Defendant, 0 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, Pennsylv nia, addressed as follows: Date: \.l--).{;J '-' 0 -s-- Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, ROMINGER, BAYLEY & WHARE M~ Michael 1. Whare, Esq ire ID # 89028 For Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Appellant COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARV 24. 2005 MEGAN E CROWLEY 30 ACOMO DR DILLS BURG PA 17019 WID t 050486187532131 001 PROCESSING DATE 02/17 2005 DRIVER LICENSE t 2731 197 DATE OF BIRTH 10/27/1 85 Dear MS. CROWLEV: As a result of your violation on 01/30/2005 Section 6308 (offenses related to alcohol). privilege is being SUSPENDED for a period of 1 mandated by section 15320 of the vehicle code. of violating your driving VEAR(S) as The effective date of suspension is 03/31/2005, 12:01 a.m. Before PennDOT can restore your driving privilege. you must follow the instructions in this letter for COMPLVING WITH THIS SUSPENSION. PAVING THE RESTORATION FEE and PROVIDING PRoo'M'F INSURANCE. You should follow AL.L. instf'ucUons vef'Y caf'efullY. Even if yoU have sef'ved all the time on the suspension/f'evocation, we cannot f'estof'e youI' df'iving pf'iv- ilege until all the f'equif'ements af'e satisfied. COMPLVING WITH THIS SUSPENSION Vou must return all current Pennsylvania driver's licenses. learner's permits. temporary driver's licenses (camera cards) in your possession on or before 03/31/2005. Vou may surrender these items before. 03/31/2005. for earlier credit; however, you maY not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S L.ICENSE 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. Vou 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 f'eceive credit toward ~erving any suspension until we receive your license{s}. Complete 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 not have any of these items. send a sworn nota- rXHJ(3IT If A 'I 050486187532131 rized letter stating YOU are aware of the suspension 0 your driving privilege. You must specify in your lette 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 (a) (4) ~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. 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 move from YOUr current address. You may your address change by calling any of listed at the end of this letter. is notified if you notifY PennDOT of the phone numbers 050486187532131 APPEAL Vou have the right to appeal this action to the Court 0 Common Pleas (Civil Division) within 30 days of the mai date, FEBRUARV 24, 2005, of this letter. If you file a appeal in the County Court, the Court will give you a time stamped certified copy of the appeal. In order for you appeal to be valid, you must send this time-stamped certi fiedcopy 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. Vo must return all current PennsYlvania driver license product to PennDOT by 03/31/2005. 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.pa.us 1-800-2 8-0676 717-3 1-6191 -0 ~ 9- ~ yU'\ 11 n \.J\ [, '\J\V-.J ~:P ---0 ~o~ c- -..:::. ~C? Dd.__-- ~ ~ - ? :J" -~ :;~, r\"\~\- 1 " ~~,,-;~\ ":,,,"1 (j) '" -< r--" <=" '3\ !O ?O N 0-' ~~: ~2 ~ -(, o 11 -' ;:r,:D """""S; -61: I::'"-?C>. ~".':1~ ~1 ~:\) -'(,~rn ..::::, -r;j ~ ~ CP. (.fl - j~ RECEIVED APR 2 7.~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA No. GP:l3AOflDJOO[ 05.;<149 ~IIIII LICENSE SUSPENSION APPEAL MEGAN E. CROWLEY, Appellant COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee I ORDER OF COURT I \ AND NOW, this dI. /k{ day of '1}7 ~1 ~1- ,2005, upon consideration of this ~PPEAL FROM SUSPENSION OF OPERA TOR'S PRIVILEGE, it is Ordered that a hearing I rn the matter shall be held on the o:.(G::{ II .--:( day of ';)6 J /)~ g _ ,:~ ,:) 05 , at f;! 5 o'clock ~ m. in Courtroom No. L of the York County Courthouse. I A Supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time \hat this Honorable Court resolves this appeal. By the Court: .pJ J. listribution: A Department of Transportation, Office of Chief Counsel, Third Floor, Rivertront Oftlce enter, Harrisburg, PA 17104-2516 Jominger, Bayley & Whare, 155 South Hanover Street, Carlisle, PA 17013 ijiark F. Bayley, Esquire I i I I, , 81 :2 Wd z- ),\11,j SODl FLV1.C;\\~j'r-:LC;:.::;:J 3Hl ::JO j:)H:!()-Cl31t:! MEGAN E. CROWLEY, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW COMMONWEALTH OF PA., PA. DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, NO. 05-2149 CIVIL TERM LICENSE SUSPENSION APPEAL Appellee IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 22nd day of June" 2005, on agreement of the parties, it appearing that the underlying summary offense has not yet been resolved, hearing on the pending license suspension appeal is continued generally, and the matter to be relisted at the request of counsel. By the Court, ." ~J.' /l J Ke/. Ko"", J. ~ G -J<ir<< 1k George H. Kabusk, Esquire Department of Transportat'on Office of Chief Counsel For the Commonwealth Mark Bayley, Esquire For the Appellee :bg ~',:~\Irv'''\ :,'l,IJ ZS :2\ 1,1c\ '16 \i.nr SUUZ ",JoJ'l ,.".,,(.,,' -;,., ~o A....\l.\...JNu: L._.,,::.id :;ru....pl. 38\:\:!()-a:ll\:l MEGAN E. CROWLEY, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, PENNSYLVANIA v. : No. 05-2149 CIVIL COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW To the Prothonotary: The parties have agreed with withdraw the above-captioned Appeal. Kindly withdraw and discontinue the same. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date:{} ~/-/ oS- Lfh. Bayl<y."' . MEGAN CROWLEY, Appellant v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, PENNSYLVANIA : No. 05-2149 CIVIL : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Praecipe to Withdraw Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlislle, Pennsylvania, addressed as follows: Date:q/!-D:) Pennsylvania Department of Transportation George Kabusk, Esquire, Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, P A 17104-2516 Respectfully submitted, ROMINGER, BAYLEY & WHARE f!k!:i 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Cowrt ID # 87663 Attorney for Appellant (':> ~ ~ (:::::' GJ' (/') r" -0 ", \'...' I N ~ ...... :J:-r'\ j\1F: -OC.'....'- _r""-...'" ';'-~~i~(, ~.,\2 ~1; t;{\'"i -...~ t:i1 :..<. """ :::;; - - :;:;- N