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Home My WebLink About05-6313 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY ALYSSA ANN BABNER (A MINOR) vs. No.: OS -b3t~ Ct~J~: I~ COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING LICENSE SUSPENSION APPEAL TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Petitioner, ALYSSA BABNER, by and through her attorney, David E. Hershey, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this appeal and in support thereof, avers as follows: 1. Petitioner, Alyssa Ann Babner is a minor and a licensed driver in the Commonwealth of Pennsylvania with a residence address of 159 North Locust Point Road, Mechanicsburg, Cumberland County, PA 17050. 2. This appeal is being filed with the consent of Petitioner's mother, Catherine J. Babner, who resides at the above-mentioned address. 3. The Department of Transportation, Bureau of Driver Licensing has a mailing address at 1101 South Front Street, Harrisburg, PA 17104. 4. Petitioner received an official notice of suspension with a mail date of November 22, 2005, from the Department indicating that her driving privilege is scheduled to be suspended on December 27, 2005, for Exceeding Maximum Speed on . , September 23, 2005. See Exhibit "A" attached hereto and incorporated herein by reference. 5. The proposed suspension as outlined in Exhibit "A" is illegal, improper or invalid for some or all of the following reasons: (a) The underlying summary conviction for Section 3362 of the Vehicle Code is pending on appeal in Cumberland County Court; (b) The proposed suspension is otherwise in violation of the Vehicle Code and/or Case Law. WHEREFORE, Petitioner prays your Honorable Court enter a supersedeas pursuant to Section 1550 of the Vehicle Code and to schedule a hearing relative to the merits of this appeal. Respectfully submitted, WILEY, LENOX, CO AN & MARZZACCO, P.C. Dated: by: I E. H shey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 10 No.: 43092 EXHIBIT "A" ,. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 22, 2005 ALYSSA ANNE BABNER 159 N LOCUST POINT RD MECHANICSBURG PA 17050 WID # 053199283109211 001 PROCESSING DATE 11/15/2005 DRIVER LICENSE # 28424808 DATE OF BIRTH 01/06/1989 Dear MS. BASNER: This is an O~~ieial Notice o~ the Suspension of your Driving Privilege as authorized by Section 1538E of the PennsYlvania Vehicle Code. As a result of your 11/14/2005 conviction of violating Section 3362 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 09/23/2005: · Your driving privilege is SUSPENDED fo~ a pe~iod o~ 90 DAV(S) ef~ective 12/27/2005 at 12:01 a.m. · PennDOT is required by Section 1535 of the PennsYlvania Vehicle Code to assign 5 points to your driving record. 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. Vou should follow ALL inst~uctions ve~y ca~e~u1IY. Even if you have se~ved all the time on the suspension/~evocation, we cannot ~esto~e you~ d~iving p~iv- ilege until all the ~equi~ements a~e satis~ied. COMPLYING WITH THIS SUSPENSION You must ~eturn all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 12/27/2005. You may surrender these items before, 12/27/2005, 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. VERIFICATION Theundersigned, f\\l\5,o bcbntr , verifies that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Respectfully submitted, J~t j./dc~~~ by: Dated: VERIFICATION The undersigned, C..\':I'hq,;,x _'. ,if ,Vi (If, verifies that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Respectfully submitted, 1 I ( . /;i,*", by: V /~('JL--' V Dated: , . , . CERTIFICATE OF SERVICE On the {'1-- day of December 2005, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania, by depositing same, First-class Mail, postage prepaid, addressed as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Bureau of Driver Licensing 1101 South Front Street Harrisburg, PA 17104 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. //.. /' ./" by: ~. Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 10 No.: 43092 \.) -k:J, ~ 7d i Ul fl U\ . 111 ~ ~ \) (..', r...) ~ In. ~ ~ ~cJ 'G --... P-- ~ r " r '....:.: , .' DEe 1 2 2005 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY ~(Y\ ALYSSA ANN BABNER (A MINOR) vs. No.: OS -bJ/J CiULL 10L~ COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING Respondent AND NOW, this ORDER \ ,\li. day of ~ 2005, upon consideration of the attached Appeal and the reasons supporting same, IT IS HEREBY ORDERED AND DECREED that a hearing on the merits of this (l~ n ~ --.:. \ . . case is hereby scheduled for the L day of ~_' 2006 at I. 3 D p.m. in Courtroom No. ~ of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Pursuant to Section 1550 of the Motor Vehicle Code, the Department of Transportation is hereby Ordered to stay the proposed ~~ ~uspension until such time as this case can be decided on its merits. fJYl- -//~. a.lt ley I Judge Distribution: Court Administrator v6~id E. Hershey, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 )3eorge Kabusk, Esquire, Pennsylvania Department of Transportation J' Bureau of Driver Licensing, 1101 South Front Street, Harrisburg, PA 17104 ~~;~c7 IX \'d',i! , .\ J ". ALYSSA ANN BABNER (A Minor): IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6313 CIVIL TERM COMMONWEALTH DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING APPEAL FROM LICENSE SUSPENSION IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 3rd day of April, 2006, at the request of the defendant, this case will be continued until May 9, 2006, at 2:00 p.m. By the Court, M.~lS\'C:\~ David E. Hershey, Esquire 100 W. Church St., Suite 100 Dillsburg, Pa. 17019 For Alyssa Ann Babner /(Vi~~J. '1- iJ !,', () I..- (), ..l~'" George Kabusk, Esquire V For Bureau of Driver Licensing :mtf (" " '. ["',I, I .,~, ,:1 ::. ~~, ~, "~I _. ., .. ALYSSA ANN BABNER (a minor) VS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 05-6313 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA: LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Petitioner's License Suspension Appeal filed on the above- captioned matter, as the appeal is now moot. Date: ~ ~ ~--c{ Respectfully Submitted, . avid E. Hershey, Esquire 130 West Church Street Suite 100 Oillsburg, PA 17019 (717) 432-9666 10 No.: 43092 - .~ '" ALYSSA ANN BABNER (a minor) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS NO: 05-6313 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA: LICENSE SUSPENSION APPEAL DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING CERTIFICATE OF SERVICE ~ On the / day of May, 2006, I certify that a copy of the foregoing petition was served upon the following attorney for the Commonwealth of Pennsylvania by First Class Mail, address as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel 1101 South Front Street Harrisburg, PA 17104-2516 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P .C. by: VI E. Hershey, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID No.: 43092 ,..., => ~ 0-' ~ :Po -< o .. ~." n'r= -om :09 C). ~..:j~l <.~ -r"t ;Jo ~.:::rl1 ...J -.-1 ~ -< o -0 -~ ~'""' w co v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6313 CNIL ALYSSA ANN BABNER, PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRNER LICENSING, RESPONDENT LICENSE SUSPENSION APPEAL ORDER AND NOW, this cr'" day of M 1\"( , 2006, the appeal filed in the above referenced matter is: _ DISMISSED and the suspension that is the subject of this appeal shall be REINSTATED. _ SUSTAINED and the suspension that is the subject of this appeal shall be RESCINDED. ~ REMANDED to the Department to correct and update the Department's records and to RESCIND the 90 day suspension that is the subject of this appeal because the petitioner was found not guilty of the underlying violation of Section 3362 of the Vehicle Code, violation date 9/234105, citation number B19947642, 75 m.p.h. in a 45 m.p.h. zone but rather plead guilty to violation of Section 3362 of the Vehicle Code, violation date 91234105, citation number B19947642, 60 m.p.h. in a 45 m.p.h. zone and as a result the petitioner is not subject to the 1538(e) 90 day suspension which is the subject of this appeal. _ WITHDRAWN by the petitioner. _ DISMISSED as moot as the Department has represented that it has updated and corrected the records. CONTINUED and RESCHEDULED for the day of ,2006, at_ _.m., in Courtroom Number _in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT ,~~\ George H. Kabusk, Esquire, PennDOT, Riverfront Office C~ter, 1101 South Fro~ Street, Harrisburg, PA 17104-2516 /I' J David E. Hershey, Esquire, 130 W. Church Street, Ste. 100, Dillsburg, P A 17019 L' 6llli: S (}1'i; (lS:c( $"/9 lOb ::; , ,', C) ....., = ~ c: <:::> ~ CT' "'O(L' :::J: ~ 92fT I :>>0 ::r: -< zr;:: I g;; ".' \D ".. ~ ~c> ':C; . ..., :r:.;.j z('-~ :x ~~ )>Cj c: - ~ ., ~ U1 N