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Home My WebLink About05-3462 GOLDBERG KATZMAN, P,C. Jerry J. Russo. #55717 Attorneys for Defendant 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 234.4161 ASHLEY LYNN MCBRIDE :IN THE COURT OF' COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ()~;. 3'1 (.,::L Cu,;,J/L<-.. COMMONWEALTH OF' PENNSYLVANIA APPEAL OF' MOTOR VEHICLE LICENSE SUSPENSION AND NOW, this 5th day of June, 2005, comes Ashley Lynn McBride, by and through her attorneys Jerry J. Russo, Esquire and Goldberg Kat.zman, P.C. and files an appeal to the Commonwealt.h's Notice of License Suspension and avers as follows: I. The above-capt.ioned Appellee current.ly holds a valid Pennsylvania driver's license with license number 27959990. 2. On or about. June 22, 2005, t.he above-capt.ioned Appellee received Notice of a License Suspension t.o begin and be effect.ive ,July 27, 2005. See Notice of License Suspension attached heret.o, made a part. hereof and marked as Exhibit "A". 3. Appellee was notified t.hat. the suspension resulted from a conviction which occurred on June 14,2005, for a violation of Sect.ion 1538E oft.he Pennsylvania Vehicle Code. 4. It. is believed and therefore averred t.hat. t.he suspension is not. proper and t.hat. the Appellee should maint.ain a valid license. WHEREFORE, Appellee respectfully requests this Honorable Court order the Commonwealth of Pennsylvania Department of Transportation to restore the Appellee's driving privileges and rescind their Notice of Suspension dated June 22, 2005 or. in the alternative, order a hearing in the above-captioned matter. Respectfully submitted, By GOLDBERG ,- / Date: '11s-loS" 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Appellee RECYCLED 06/20/2005 08:13 71 77325943 EXECUTIVE OFFICE PAGE 03 " COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Hail Datel JUNE 22, 2005 ASHLEY LYNN MCBRIDE 260B YALE AVENUE C^"P HILL PA 17011 WID. 051669283912354 001 PROCESSING DATE 06/15/2005 DRIVER LICENSE. 27959990 DAT[ OF BIRTH 10/0b/L9A? Dear MS. 'MCBRIDEI This is an o~~1c~al Notice o~ the Suspension of your Driving Privilege as authori~ed by Section 1538E of the Pennsylvania Vehicle Code. As a result of your 06/14/2005 conviction of violating Section SS'2 of the Vehicle Code, ~XC~EDINQ MAXI- MUM SPEED, on 06/04/20051 . Your driving privilege is SUSPENDED ~or _ period o~ 90 DAVeS) e~~ect1Ye 07'27'2005 at 12:D1 a.m. . PennDOT is required by Section 1535 of the PennSYlvania Vehicle Code to assign 5 points to your driving record. Before PennDDT can restore your driving privilege, YOU must follow the instructions in this letter for CDMPLYING WITH THIS SUSPENSION, PAVING THE RESTORATION ~E~ and PROVIDING PROOF OF INSURANCE.. YOU should follow ALL instructions very care~ully. Even:l.f ),IOU havs IIsrved all the t;l.me on the suspens1on/revocat:1on, we gannot: restore your dr:l.v1ng pr:lY- ilege unt11 all the requirements are satisfied. COMPLVING WITH THIS SUSPENSION You must return all current ~ennsylvania driver's licenses, learner's permits, t:emporary driver's licenses (camera cards) in your possession on or before 07/27/2005. You may surrender these items before, 07/27/2Q05. for earlier credit I however, Yoll llIay not drive after these itellls are surrendered. YOU MAV NOT RETA%N YOUR DRIVER'S L%CENSE ~OR XDENT%FICAT%ON 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) fo....s of prope.. iden- tification (...g., birth ",,,rtifieate, valid U.S. oassDo..t, marriage certificate, etc.) in order to obtain your photo identification card. 06/20/2005 08:13 71 77325943 EXECUTIVE OFFICE 05111&9283912354 YoU will not receive credit toward serving any suspension un1:11 we rece;l.ve your :U,censels). Cumpl..te the 'foJ.lowinll steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses. learner's perlllits 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. Vou must sp_~ifY tn your letter WhY you'-"a'!'"e ~rnabl'e to return !four dr:Lver' s 11'cense. Remember: You may not retain YOUr driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Oriver Li~..n3in9 P.O. Box 68693 Harrisbura. PA 17106-8693 2. Upon receipt, review and acceptance Df your Pennsylvania driver's licensees). learner's permit(s), and/or a sworn notarized letter. PennDOT Will send yOU a receipt con- firming the date that credit began. If YOU do not re- ~.ive e reoeipt fram va within 3 weeks. plaasa eontact 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 !fOU do not return all current driver license pro- ductS. we must refer tnls matter to the Pennsylvania state Pol1ce for prosecution under SECTION 1571 (a) (4) of ~he Pennsylvania Vahiele Code. '-'P;.Y:fNS' TifE RESTORATION FEE You must p.aY a restoration fee to PennDOT to be restored from a suspension/revocation af your driving priVilege. TD pay your restoration fee, complete the follOWing steps: 1. Rc~urn the an~losed AppliCation for Restoration. The amount due is listed on the ,application. 2. Write Yaur driver's license number (listed on the first page) an the check or money order to ensure proper cred1t. 3. Fallow the payment and mailing instructiDns Dn the back of the application. PAGE 04 06/20/2005 08:13 71 77325943 EXECUTIVE OFFICE PAGE 05 . 051669283912354 PROVIDING PROOF OF INSURANCE Within the last 3D days of YDur suspension/revocation, we will send YDU a letter asking that YOU provide proof of in~ suranc.. at that ti.... This l.tt.r will list acc.ptabl.. docu~ents and what will be needed if YDU do not own a vehicle registered in PennsYlvania. IMPORTANT: Please make sure that PennDOT is notified if you move from your current address. Vou may noti fy PennDOT of Your address change by calling any Df the phone numbers listed at the end 'of this letter. ' ... . APPEAL You have the right to app.al thi.. action to the Court of Common Pleas (Civil Division) within 3D days of the mail date, JUNE 22, 2005, of this letter. %~ YOU ~1le an appeal ~n the county court, the court w~~~ g~ve YOU a t~me-stampea cert1~1ed copy o~ the appeal. In order for your appeal to be valid, ~ou must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department Df Transportation Office of Chief Counsel Third FlDDr, Riverfront Office Center Harrisburg, PA 17104-2516 Relllember, this is an OFF%C:l:AL NOT%CE OF SUSPENSION. Vou must return all current Pennsylvania drivel" license products to PennDOT bY 07/27/2005. Sincerely, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-l'LC/TO: Department Df Transportation aureau Df Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN ST"Tl: TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-U90 l'-80D 'Z28 '0676 717-391-&191 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-251G By: ,JERR 320 Ma et Str . P.O. Box 12G8 Harrisburg, PA 17108-12G8 (717) 234-41G 1 Attorneys for Appellee Date: ., lIP I,r 123373.1 ", 0 C,':" = "T) c.n =r"T) ~ '-- c: fl1r= ~ r-.. -om ~ ~ I :by ~ -.J ."., :~~ ~~~ '"') J-'i" ..k-rl -0 ~~::; (-'5 f..; .. -to,. "' --') :c;'\rn \' :-::"1 --.) '" .. -l>- t"' "" :':0 IS V-, w .< " ':'\ --<' 0- 0" GOLDBERG KATZMAN. P.C. Jerry J. Russo - #55717 Attorneys for Defendant 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108.1268 (717) 234.4161 vs. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA O O~) - 3lfl/),. :N . ASHLEY LYNN MCBRIDE COMMONWEALTH OF PENNSYLVANIA ORDER AND NOW, this ~Ilkay of --9'.J.J1j\ ' 2005, upon consideration of Appellee's Appeal of Motor Vehicle License Suspension, it is hereby ORDERED AND DECREED that the Commonwealth of Pennsylvania Department of Transportation is ordered to rescind its Notice of License Suspension, In the alternative, it is hereby ORDERED AND DECREED that a hearing on the license suspension is scheduled for the J.O-rn day of L:Qt."~ _ , 2005 at ;(: tfO o'clock ;L.m. ;.-VYl C-.It. -Id--7( This Order shall act as a supersedeas. BY THE COURT: ~(;L '/f k( istribution: / rry J. Russo, Esquire ~ J. ! 'I :01 i!i] 22 li::' CU'lQZ ,_ , !', ~ ...,.1... AdV1GhJ();^iJ.U:"_iJ jHl .:10 :jc);~~O~{I:JT:I !!lI" ASHLEY LYNN MCBRIDE :IN THE COURT OF COMMON PLEAS :CUMHEllLAND COUNTY. PA vs. COMMONWEALTH OF PENNSYLVANIA : NO. 05-3462 DEPARTMENT OF TRANSPORTATION PRAECIPE TO WITHDRAW LICENSE SUSPENSION APPEAL TO THE PROTHONOTARY: PLEASE withdraw the Appeal of Motor Vehicle License Suspension filed with this Court on July 7,2005 on behalf of Ashley Lynn McBride, in the above-reference action. Respectfully submitted, GOLDBERG KATZMAN, P.C. ~- By: Date: 127413.1 I., I-~~ 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below. The manner of service satisfies the requirements of the Pa.R.Crim.P. 575: Service by first class mail addressed as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 GOLDBERG KATZMAN, P.C. By: Jerry J\ usso, 320 Ma ket Str P.O. Box 1268 Harrisburg, PA (717) 234-4161 sq Ulre et 17108-1268 Attorneys for Ashley McBride Date: 101 f '" Ic~' r"' ,;':\ .-\, -,- -- :;:-\\ ---:~~ '. _\ \,..>...1 ,;,,1 ." (:.1 j,--':: -~