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Home My WebLink About05-2201 v. IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV NIA CIVIL ACTION NO: Os-- ,;l.:J...ol ~ ~ ALLISON M. IGO COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL PETITION FOR LEAVE TO APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE NUNC PRO TUNC AND REQUEST FOR SUPERSEDEAS AND NOW comes the Appellant, Allison M. Igo, by and through her attorney, Mich el1. Whare, Esquire, and respectfully avers the following: 1. Appellant resides at 12 15th Street, Ringtown, Pennsylvania, 17967. 2. Appellant received Notice dated December 14,2004, stating that as a result 0 her alleged violation of Section 6308 of the Vehicle Code on September 24, 2004, her dri ing privilege was being suspended for a period of one year, effective January 18,2005, at 12:01 a.m. A copy is attached hereto as Exhibit "A". Appellant additionally received notice on December 17, 2004, that her suspension has been postponed and will becom effective June 3, 2005. A copy is attached hereto as Exhibit "B". 3. Suspension is improper in that (a) The Cumberland County Court of Common Pleas entered an Order suppressing all the evidence necessary to proceed with the case. (b) The charges contained in CP-21-SA-207-2004 resulted in nolle pro by the Cumberland County District Attorney's office. (c) Appellant's Counsel sent a Notice of Appeal to PennDOT on December 6, 2004, well within the 30 days allowable by law to app I a summary conviction. However, within the 30 days appellant had to exercise her appeal rights, PennDOT improperly sent appellant a No ice of Suspension on December 14,2004. (d) The Pennsylvania Department of Transportation lacked indepen ent authority to administratively suspend or revoke the license in questio , because a Summary Appeal was filed, and a Summary Appeal vacate the findings and order of the District Justice, and as such there was no fi ding of guilt or Order by any Court, either of record, or not of record, and us PennDOT lacked statutory authority to act and/or subject matter jurisdiction to act. 4. The Pennsylvania Department of Transportation does not have the authority t suspend Appellant's driving privileges when the underlying matter resulted in nolle os. 5. The Department of Transportation also has no authority to suspend a license where the underlying conviction resulted in nolle pros. 6. A nolle pros can be entered for numerous reasons, including a determination fan actual innocence by the prosecuting authority. 7. It violates public policy and well settled notions oflaw for an agency of this Commonwealth to determine that a nolle pros is equivalent to a finding of guilt. 8. It is believed that the Pennsylvania Department of Transportation is without subject matter jurisdiction to enter or seek a license suspension where the charge has en nolle prosed. 9. A Supersedeas is appropriate in this matter if and until these issues can be resolved, especially given the high likelihood of success by Appellant/Petitioner. WHEREFORE, your Appellant respectfully requests this Honorable Court t schedule an evidentiary hearing on the matter and in the meantime to grant a Supers deas pursuant to the Vehicle Code, for the just reasons stated above. Respectfully submitted, /VI Michael J. Whare, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Appellant Date: '1' -J 7- () S- ALLISON M. !GO v. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEP AR TMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV NIA CIVIL ACTION NO: LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael Whare, Esquire, attorney for Defendant, do hereby certifY that I this day s rved a copy of the Notice of Appeal Nunc Pro Tunc upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follow : Date: 0/-.) 7- 0(" Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, ROMINGER, BAYLEY & WHARE ;rl~ t...,-J!. Michael J. Whare, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Appellant ,. . "'; :',' :~;;~0j ~4:'("1 ~~J~i~~ DEC 16 2004 11:40AM HP LASERJET 3200 p. I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bur@au of Driv@r Licensing Mail Dat@1 DECEMBER 14, 2004 ALLISON M IGO ],2 L5TH STREET RINGTOWN PA ],7'b7 WID' 04342b1a74b401' 01 PROCESSING DATE L2/07 2D04 DRIVER LICENSE' 26724521 DATE OF BIRTH 03/20/1 84 Dear liS. IGO, As a result of your violation on 09/24/2004 of violating Section 6308 (offenses related to alcohol). your driving privilege is being SUSPENDED for a period of 1 YEAR(S> as mandated by section 15320 of the. vehicle code. The effective date of suspension is 01/18/2005. 12:01 a.m. Before PennDOT can restore your driving privil@ge, you must follow the instructions in this letter far COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very ca..efully. Even if YOU have se..ved all the time an the suspension/revocation. we cannot rastore your driving p..lv- lIege until all the r.qui..e~ent. 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 b@fore 01/18/2005. You may surrender these items before, 01/18/2005, for earlier credit; however, YOU lIay not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURpOSES, However, you lIaY apply for and obtain a photo identification card at any Driver License Center for a cost of tIO.OO. 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 "ill not receive c...dit towa..d serving sny suspenSion until "s receive your llcen..(.>. Co.plete the following steps to aCknowledge this suspension. 1, Return all current PennSYlvania driver's licenses, learner's permits andlor camera cards to PennDOT. If YOU do not have any of these itells, send a sworn nota- . E'XH/8/'T-...'tA""'''c'~'- ~-'7.':':':"":"'!~r.J";~.""~ ':~J)/ :.t:j.~~ ';'>!".l'! '~I DEC 16 2004 11:40AM HP LASER JET 3200 p.2 043426187464019 APPEAL You have the right to appeal this action to the Court of Co..on Pleas (Civil Division) within 30 days of the IllBil date. DECI'I1BER 14. 2004, of this letter. If YOU file an appeal ~n the County Court, the Court will give you a t~me- stamped certified COpy 01' the appeal. In order for your BPpeal to be valid. you !Rust send this ti..e-stBmped certi- fied copy of the appeal by certified Illail 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 !Rust return all current Pennsylvania driver license products to PennDOT by 01/18/2005. Sincerely. ~~.~ Rebecca L. Bickley. Director Bureau of Driver Licensing 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.d.y.st8t..Da.u~ 1-800-2 -0676 717-3 1-6191 IN STATE OUT-Of-STATE WEB SITE ADDRESS ..P,': '>.i .__. _"..'u.m ...__...__._._.._.._..,~.___..._....._..-.__......._-.~_ _.....,..~......,.....~. DEe 16 2004 11:40AM HP LASERJET 3200 p.3 043426187464019 rized letter stating you are a~are of the suspension of your driving privilege. You must specify in your letter ~hY yoU are unable to return your driver I s license. Remember: Yau,may not retain your driver's license far identification purposes. Please send these ite~s tal 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(sJ, and/or a sworn notarized letter, PennDOT will send you a receipt con- f"irllinll the date that credit bellan. If you do not re- ceive a receipt frOB us wit~in.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) of the PennsYlvania Vehicle Code. PAYING THE RESTORATION FEE You ..ust pay a restoration fee to PennDOT to ba restored frOB a suspension/revocation of Your driving privilege. To pay your restoration fee. complete the follOWing steps I ..1 1. Return the enclosed Application for Restoration. The a.ount due is listad an the apPlication. 2. Write your driver's license nUBber (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 tha 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 ~ill 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 frail Your current address. You may notifY PennOOT of your address chanll8 by calling any of the phone nunbers listed at the end of this letter. .,;: " ~. 1.'-' ....-.." -',1 ::?i~/,~ .;c,,~~ ,........""'. ...., \ . -', . . ---"'::.:';'-:-::':::..;,:;-~:..::.::::;:.:-~:.;;:=--...~...;;;;:.:..==:.:;,;::=.:;- "'-', -- -'~.....~i","~: .-~_..;;;.~.. ~~_.~~;.,::.,~_+~.....~ - , , '\'(;1- ~~', .~} ~,~~t..f~i 16 2004 11:40AM HP LASERJET 3200 p.4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 DeCEMBER 17, 2004 ALLISON M IGO l.2 15TH ST/U;ET RINGTO~N PA 17'b7 WID. D~3~S73aOb"lbO 0 1 P~OCESSING DATE 12/10/2 Q4 D~IVER LICENSE. 2b724S 1 DATE OF BIRTH 03/20/1,a Dear Motorist I This is to advise YOU that your reouest for a delay of your suspension has been approved. The suspension has been postponed with a ne~ effective date of 06/03/2005. Sincerely, ~~,~ Rebecca L. BiCkley. Director Bureau of Driver Licensing INFORMATION (7,00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM to 9:00 PM) 1-8011-932-4600 717-391-6190 1-800-228-0676 717-391-6191 E. XJlJ"'lT._~.t3_~.___...._._. __~___. 0 ,..., ~ "'" (- (:::,:t < w" - -I .- :J:-n ,. -0 nl--' ?:J -oh1 N :U'( ~ ~ -l C) .:::'.(C) ._,~. -'\"", ~ -V .'~ -q _.',;,.. (.~C) ~ \\ 'i! (jin ~ u..,1 ,/. ')~ -~ (J.' --J -:: 0 ::<:. '-- W ~ ~ ~ tAl u, IJ-\ ..t:: ~ ~\ ---. \ \.., '-, ~ .:'~\ ~ '~"\i\\ \-\.')f~ .~, S RECEIVED APR 2 B 1005 jI / v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: 0 'l- old.. 0 I ~ ~ LICENSE SUSPENSION APPEAL ALLISON M. IGO COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, ORDER OF COURT \ AND NOW, this ~ day of Mq ,2005, upon consideration of this ~PPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a hearing on ~he matter shall be held on the 1"" day of -n ,2005, at /.'60 o'clock ip m. in Courtroom No. (' ofthe Cumberland County Courthouse. r- . A Supersedeas is granted pursuant to Vehicle Codc Section I 550(b)(I) until such time I lhat this Honorable Court resolves this appeal. \ By the Court: J. istribution: Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office enter, Harrisburg, P A 171 04-25 I 6 om inger, Bayley & Whare, 155 South Hanover Street, Carlisle, P A 17013 ichael J. Whare, Esquire VI\i\?~lk~{\i...L:id AlNIlC< ..~~:)~n8 6S :r, Wd Z-), ~H SOUZ i.Lf7JC;\(JH.tCUd 3Hl .:10 38U~:O'-O?nH ---,. ALLISON M. 100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO: 05-220\ CIVIL TERM COMMONWEALTH OF PENNSYL VANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL PRACIEPE TO WITHDRAW LICENSE SUSPENSION APPEAL 1. A Petition for Leave to Appeal from Suspension of Operator's Privilege Nunc Pro Tunc and Request for Suspersedeas was filed with the Cumberland County Prothonotary on April 27, 2005. 2. On May 2,2005 the Honorable Judge Guido scheduled a hearing for July 7, 2005. 3. Undersigned counsel received a fax on July 6,2005 from the Department of Transportation stating that they rescinded and deleted the conviction of a violation of Section 6308 and the associated 1 year suspension. 4. The above issue is moot and a hearing is not needed. WHEREFORE, Plaintiff prays this Court to grant her ]('raecipe to withdraw the Petition for Leave to Appeal from Suspension of Operator's Privilege Nunc Pro Tunc and Request for Suspersedeas and cancel the hearing scheduled for July 7, 2005 at I P.M in Courtroom No.5. RespectfillIy Submitted, Date: 7-c,-o~ t:1~~,"~e~ 155 S. Hanover Street Carlisle. PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff ALLISON M. IGO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VI. CIVIL ACTION NO: 05-2201 CIVIL TERM COMMONWEALTH OF PENNSYL VANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael J Whare, Esquire, attorney for Plaintiff, do lI1ereby certity that I this day served a copy of the Pracipe to Withdrawl License Suspension Appenl upon the following by facsimile and depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George Kabusk, Esquire 1101 South Front Street Harrisburg, PA 17104-2516 Date: 7- {, - os f1/I-~ 1't-- A Michael J. Whare, Esquire 155 S. HilDover Street Carlisle,I'A 17013 (717) 241-6070 Supreme Court lD. # 89028 Attorney for Plaintiff Q f~,. <<,."," QJYY: t;>::,'~' ~f-j ". ", ;;{,b J>C ~ ~ ~ r- , C1'> ~ :i!-rt '""Hi ::gC? 00 ;~~ -0 'lB ::1: ~Jrn _ '.::4 ?Q o C< w ., - :7 RECEIVED JUl 06 2005;fi\ ALLISON M. IGO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VII. CIVIL ACTION NO: 05-2201 CIVIL TERM COMMONWEALTH OF PENNSYL VANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, tbis b ~ day Of~, 2005, upon consideration of this PRACIPE TO WITHDRAW LICENSE SUSPENSION APPEAL, it is Ordered that the hearing scheduled for July 7, 2005 at 1:00 o'clock P.M. in Courtroom No.5 of the Cumberland County ~~~ Courthouse is hereby canceled. C // ~~ By the Court: 1. Distribution: P A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-25]6 Rominger. Bayley & Whare, 155 South Hanover Street, Carlisle, PA 17013 Michael J. Whare, Esquire '~?'07" ~ Q.-, ... ViN\fA1ASNN3d ''''nOn, n'\'~',':'ol~'n'" I\J..Il" '.,.' .,..,1,.' "~'~""'~" ~ v L2 :9 WV L - lOr sooz AtNIONOH10tid 3H1 :10 3:)!;J:!O-G311:l