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Home My WebLink About05-5808 f\FILES\DAT AFILE\General\Current\7122,21 I appeal Created 7/13/048:58AM Revised 11171055:l3PM LAURA R. DENNY Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO.05- :l'fO f C>>J.T~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, Respondent APPEAL APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW, comes Petitioner above named by her attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and prays Your Honorable Court to stay the enforcement of a suspension of his operator's license pursuant to 75 Pa. C.S.A. 91538, as amended by the Act of 1978, April 28, P.L. 202, No. 53, and in support thereof avers as follows: I. Petitioner is Laura R. Denny, an adult individual residing at 43 College Park Apartments, Shippensburg, Pennsylvania 17257 and possesses Pennsylvania driver's license number 27348322. 2. At all time pertinent hereto, Petitioner has had a valid driver's license III Pennsylvania. 3. On April 29, 2005, Petitioner was convicted of violating 75 Pa. C.S.A. 93362, Exceeding Maximum Speed. 4. On September 9, 2005, Respondent sent a letter to Petitioner at her parents' home address being 417 Reitnour Road, Spring City, Pennsylvania 19475, requesting that she attend a departmental hearing on September 27,2005. 5. Petitioner received the letter after visiting her parents thereafter. 6. Petitioners contacted Respondent stating she needed to reschedule the hearing because of a conflict on that date. 7. Respondent told her she was permitted to reschedule the hearing and that Respondent would forward to her information regarding the same. 8. In addition, Petitioner provided Respondent with her address and requested that all correspondence, including the information to reschedule, be sent to that address. 9. Petitioner, believing her hearing was rescheduled and that she would receIve information to reschedule, did not attend the hearing on September 27,2005. " 10. However, Respondent failed to send the information to Petitioner's new address as requested, but rather, mailed it to her parent's address, 11. On October 11,2005, Respondent sent a letter addressed to Petitioner stating that her failure to attend the September 27, 2005, departmental hearing resulted in a violation of Section 1538 of the Vehicle Code and that her driver's license would be suspended on November 15, 2005. 12. The October 11,2005, letter was sent to her parent's address and not to her new address. 13. Petitioner received both the information to reschedule and the October 11,2005, letter at the same time and well after the September 27, 2005, hearing date. 14. Petitioner is appealing her said suspension and requests Your Honorable Court to stay the suspension of her license during the appeal. 15. Respondent has notified Petitioner in the October 11,2005, letter that her suspension will continue for a period of sixty (60) days. A copy of the letter is attached hereto and marked as Exhibit "A." WHEREFORE, Petitioner prays Your Honorable Court to stay the enforcement of such suspension and to fix a hearing for the purposes of determining whether the suspension should be enforced. MARTS ON DEARDORFF WILLIAMS & OTTO By C-Il-..L~ > ~ Christopher E. Rice, Esquire P A Attorney l.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: November 8, 2005 ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 OCTOBER 11, 2005 LAURA R DENNY 417 REITNOUR ROAD WID. 052776512930507 001 PROCESSING DATE 10/04/2005 DRIVER LICENSE. 27348322 DATE OF BIRTH 10/27/1985 SPRING CITY PA 19475 Dear Motorist: Due to your failure to attend a departmental hearing, a sanction of 60 DAYCS) is imposed as mandated by Section 1538 of the Vehicle Code. In order to comply with this sanction yOU are required to return any current driver's license, learner's permit and/or temporary driver's license Ccamera 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 1571Ca)C4) of the Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Cl'edit will not begin until all current driver I s license productCs), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. I 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 SANCTI ON. The effective date of suspension is 11/15/2005, 12:01 a.m. Please see the enclosed application for restoration fee in- formation. EXHIBIT "A" 052776512930507 APPEAL You have lh" right to appeal this act.ion to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 11, 2005, of this letter. If you file an ap- peal in the County Court, the Court will give yOU a time- stamped certified 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 certified mail to: PennsYlvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Sincerely, l;),.efVJr/ Janet L. Dolan, Acting 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 " VERIFICATION 1, Christopher E. Rice, Esquire, of the firm of MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for Petitioner in the within action, certifies that the statements made in the foregoing Appeal of Operator's License Suspension are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to penalities of 18 Pa. C.S. 94904 relating to unsworn falsifications to authorities. Gt'lyA..- 5 rL- Christopher E. Rice, Esquire CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Appeal of Operator's License Suspension was served this date by depositing same in the Post Office at Carlisle, P A, certified first class mail, return receipt requested, postage prepaid, addressed as follows: MARTSON DEARDORFF WILLIAMS & OTTO BY5 tLG~) , Price Ten E High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 8, 2005 ~ ~t- ----- ~ ~ C) '\:J ~ ~ '()' ~ 0( h U( C> -0 F ~ -+--. '-Z ~~ ~1\ ~ -\ ~ f,~..:f'\::'..' ~ ~ :n (2j , _.,~: -r--.... co ':.~ ,? "'-> _iC;; -}.1 S~ t~~~~ f>{\ o ~' "-",r",' l.i~~ 1 \.,f) .~ ~):::! ""- N c:> F.\FILES\DA T AFILE\Gel1eraJ\Current\ 7122.211.appealfemm Crealed: II!Ol/0210:2736AM Revised. rl!07/0505:lJ:52PM T-U<:CEIVEI51 NOV 0 ~ 2005 I BY:_M '>- LAURA R. DENNY Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05- () ~ - S'PDP C;u~L YVL'L COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, Respondent APPEAL ORDER OF COURT AND NOW, this --t.cJt.day of l\Jov ,2005, upon consideration of the attached Appeal and on motion of MARTSON, DEARDORFF, WILLIAMS, & OTTO, attorneys for I ,).&00 Petitioner, a hearing on this matter is set for the dY1t1 day of Yl1::t.AtI"'-', 2BG:5-: at to ;30 o'clock, tL,m.inCourtroomNo. I , of the Cumberland County Courthouse. The sanction of 60 days issued by Respo~dent on Octobe~ II, 2005, is stayed pet7 frher order of this Court) r.. ~c. ~)<.t.nt tL.z.r G .$12\ \S l4fVlJ..i{j h1 ~ z oJ c:.. . BY THE COURT, ~ J. ~~-y 1rj;S/OJ M./ (l"l-', I\.-U'", -'::nr) .)'V 4iZ:(; lid Cf ;,m.jf'I"u'l -'- ;"V-'dl :::LJ v }.U',,,'c,,,",,,-,,,, :"'Hl w, ,1...!',J.\..'v'.'n)I;.'.',..,....JO -ll :.:IV 30)~~O ,{FllH v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-5808 CIVIL LAURA R. DENNY, PETlTlONER COMMONWEALTH OF PENNSYL V ANlA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this , M j day of MJ-r c...L , 2006, the appeal filed in the above referenced matter is REMANDED to the Department to RESCIND the 60 DAY SUSPENSION imposed pursuant to 1538(d) of the Vehicle Code as a result of the petitioner's failure to attend a Departmental High Speed Hearing that was scheduled pursuant to Section 1538(d) of the Vehicle Code as a result of the petitioner's conviction on April 29, 2005, of a violation on April 12, 2005, of Section 3362 of the Vehicle Code, relating to Exceeding Maximum Speed, based upon the parties' agreement that the Department will RESCHEDULE the petitioner for a Section 1538(d) Departmental High Speed Hearing. The Department shall send notice ofthe rescheduled hearing to the petitioner's address of record with the Department. Additionally, the petitioner agrees to waive the six month notification requirement as provided by Section 1551 ofthe Vehicle Code. BY THE COURT DISTRIBUTION: George H. Kabusk, Esquire, PennDOT, Riverfront Of ce Center, 1101 Harrisburg, P A 17104-2516 Christopher E. Rice, Esquire, 10 East High Street, Carlisle, PA 17103 outh Front Street, 3- J -66 {!~~ J ~~ J1<< ~'" !~. i(J ;"; t: "'i'\