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Home My WebLink About06-5480 Robert J. Daniels, Esquire Attorney J.D. #83376 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 (717) 238-0592 (fax) Attorneys For Plaintiff AMY ELIZABETH RICEDORF v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA :DOCKETNO.Cl..-S'IPCl (!'~lL/~ COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL PETITION FOR APPEAL FROM ORDER SUSPENDING DRIVING PRIVILEGE AND NOW, this 19th day of September, 2006, comes Petitioner/Appellant, AMY ELIZABETH RICEDORF, by and through her attorney, Robert 1. Daniels, Esquire, of Killian & Gephart, LLP, who pursuant to 75 Pa.C.S.A. ~1550 files this Petition For Appeal from an Order of the Commonwealth of Pennsylvania, Department of Transportation, suspending Petitioner/Appellant's driving privilege, and in furtherance thereof, avers the following: 1. Petitioner is Amy Elizabeth Ricedorf, who resides at 28 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner possesses a currently valid Pennsylvania operator's license number 26241059. 3. By letter dated June 29, 2006, the Pennsylvania Department of Transportation notified Petitioner that as a result of her June 21, 2006, conviction of violating Section 1543A of the Vehicle Code, Driving While Susp/Revoke on June 14, 2006, that her driving privileges are being suspended for a period of one (I) year. A copy of the Notice of Suspension is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. On September 19,2006, Petitioner appealed her conviction nunc pro tunc. 5. Petitioner denies that she knowingly violated Section I 543(a) of the Vehicle Code on June 14,2006, or on any other date. WHEREFORE, pursuant to 75 Pa.C.S.A. ~1550, Petitioner/Appellant, Amy Elizabeth Ricedorf, respectfully requests that this Honorable Court grant her an appeal of the Order suspending her driving privilege, and to order that the Pennsylvania Department of Transportation's Order suspending Petitioner's driving privilege be stayed pending the Hearing in this matter. Respectfully submitted, KILLIAN & GEPHART, LLP Dated: September 19, 2006 '7~~ Robert J. DaniCls, Esquire Attorney J.D. #83376 218 Pine Street P. O. Box 886 Harrisburg, PAl 71 08-0886 (717) 232-1851 COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 29, 2006 AMV ELIZABETH RICEDORf 28 BOURBON RED DRIVE MECHANICSBURG PA 17050 WID' 0~1?39283510S12 001 PROCESSING DATE O~/22/200b DRIVER LICENSE' 2b2410S9 DATE Of BIRTH 09/14/1982 ,--De..ar-,MS L. R ICE DO R This is an Official Notice 01' tne suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 06/21/2006 cortviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOXE on 06/14/2006: · Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 06/29/2006 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. COHPLYINcr WITH THISSUSPEttSlON PennDOT records indicate that Your driving privilege is currently suspended/revoked. Voumust return all current PennsYlvania dri ver' s licenses, learner's perm! ts, tempo- rary driver I s licenses (camera cards) in Your possession IMMEDIATELY. .' YOU MAY NOT RETAIN YOUR DRIVER'S LIC!NSE FOIt IDENTIFICATION _. 0 "-""--~-<~iden ificcttion car~d-at any river L cense en er or a c"os-t''''''''''--- of $10.00. You must present twb (2) forms of proper iden- tification Ce.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo id.ntlfica~ion card. You will not receive credit toward serving any suspension until we receive your licensees). Complete the following steps to aCknowledge this suspension. 1. Return all current Penns~lvania driver's lic.nses, learner' 5 perllits 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. You must specify in your letter why YOU are unable to return your driver's license. EXHIBIT "A" 061739283510572 Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transpo~tation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Upon receipt, review and acceptance of your PennsYlvania driver's licensees), learner's permit(s), camera card(s), and/or a sworn notarized letter, PennDOT will $ e na--.ye.u- -a ~ri1!t.~ 'Go.,.f i r~..in slt._dirt e that c r..if 1 r be- gins. If YOU do not receive a receipt from us within 3 weeks, please contact our office. Otherwise, YOU will not be given eredi t toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 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. 2. 3. PROVIQINGP.ROOF OF INSURANCE Within the last 30 days of your suspension/revo~ation, .we will send yOU a letter as~ing 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 is notified if you move from your current address. You may notify PennDOT of your address change by calling any of the phone numbers lTlIIt.~~'8t-' the--elTo .01"" this let tel" .-'--'." ~,...k.,.. ,.',,""'''''~'''~'''__^~''''.~ APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 29, 2006, of this letter. :rf YOu .,:11e an appeal in the County Court, the Court will give you a time-.tamped certified copy 01' the appeal. In order for your appeal to be valid, yOU must send this time-stamped certified COpy of the appeal by certified ma1l to: Pennsylvania Department of TranSPortation Office of Chief Counsel Third Floor, Riverfront Office tenter Harrisburg, PA 17104-2516 061739283510572 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. SincerelY, iJ,.eflAl ~--_.._._,.~_._-.,.. .----:-~-~'~~~:--~.~'~~~' nErt~. L . ....00 lifn,- D ire c t'o-r .d' Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of TransPortation Bureau of Driver Licensing P.o. Box 68693 Ha~risburg, PA 17106-8693 ...-- INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE . . AM TO 6:00 PM) 1-800-932-46QO 717-412-5300 1-800-228-0676 717-412-5380 --_.,-----_.--~--------_..--_._~------ . ' . CERTIFICATE OF SERVICE On this 19th day of September, 2006, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, certified mail, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 KILLIAN & GEPHART, LLP Robert J. Daniels, Es Attorney LD. #8337 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 '!~ ~ ~ D ~ ~ ~ v t); ~ t/) !I'\ "'t C> -c.J r- ~ ~ '- o ~ ""0 CJ' rnn' Zj:-.', ~':< ~~~- . ?'Y''. I j~ ~~; ...:- r-) c:> t:.~:;J 0" (n Cd - .:.( "" ~ ~:P -o~ :ny 00 :::;:1-1-' ~:_""r" ~~n Om _:..t ~ -0 ""'lr ..Jib- ~ U1 -J Robert J. Daniels, Esquire Attorney J.D. #83376 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 (717) 238-0592 (fax) "--"~._,~- -..... !-c;--=c--:;::'-:-.--.-.:;:---C'. \ 1 SEP 2 1 Z006 I \, V.!11 J~_ ._-cJ e-.:.:- :--'--~.:::__., 17 1 Attorneys For Plaintiff AMY ELIZABETH RICEDORF v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA ~DOCKETNO. 6/... SVJ6 C/~~L'-r~~ COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL ORDER AND NOW, !hi.>>' ~day of ~, 2006, upon consideration of Appellant's Notice of Appeal, a Hearing is set for the /I ~ day of ~, 2006, at J. W~n Courtroom # 3, Cumberland County Courthouse, Carlisle, ~ r#J:. Pennsylvania. AND NOW, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to 75 Pa.C.S.A. 91550(b) pend~~s~~g,~ng. By The.ourt: J. l)istribution: A>ennsy1vania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, P A 17104-2516 Robert J. Daniels, Esquire,p8 Pine Street, P.O. Box 886, Harrisburg, PA 17108-0886 ~\, \ \G.X\ <tGep"AAt~~.oU q "/'I" \iJr~\'>\-r.AS:\!t~jd i i ~j(\:"."..\ " "li~. r'";IAln"" lUJ'tiJ'...)_,' '-" ::,:~-:(Jr~1 \J 9 ~ :2 ~ld 92 d3S 9UOl A8V10NOHI08d 3Hl :JO 381::!:lO-031l:f c ~ Robert J. Daniels, Esquire Attorney I.D. #83376 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 (717) 238-0592 (fax) Attorneys For Plaintiff AMY ELIZABETH RICEDORF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : DOCKET NO. 06-5480 Civil Term COMMONWEALTH OF PENNSYLVANIA: APPEAL - DRIVER'S LICENSE DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL PRAECIPE TO WITHDRAW APPEAL Kindly withdraw the driver's license suspension appeal which was filed in regard to the above-captioned matter. Respectfully submitted, Dated: December 8, 2006 KILLIAN & GEPHART, LLP ~\\~ Robert 1. Daniels, Es~ Attorney J.D. #83376 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 . .. . __ _u_ _ '_~'------"""'-~_.__~~~_"___ ,-/ ~~?~-:l:~--~~:~=l Robert J. Daniels, Esquire Attorney I.D. #83376 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 (717) 238-0592 (fax) SEP 27 2006 SEP 2 11000 \ i i L_..: - N'\ \ [!'. Y' .f'~ ~/.L~ ~ ---~~ Attorneys For Plaintiff AMY ELIZABETH RICEDORF v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA ~DOCKETNO. 6~" SVJ'6 e/~~L'y~~ COMMONWEALTH OF PENNSYL VANIA: APPEAL - DRIVER'S LICENSE DEPARTMENT OF TRANSPORTATION : SUSPENSION APPEAL ORDER . .f/^ - AND NOW, this).$" day of ~, 2006, upon consideration of Appellant's Notice of Appeal, a Hearing is set for the I'...... day of ~, 2006, at ,- 11) ~ Courtroom # ~, Cumberland County Courthouse, Carlisle, Pennsylvania. AND NOW, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to 7S Pa.C.S.A. ~IS50(b) pending sai._ :;;::.~It . ~>'. #~ By The ~burt: g. J. Distribution: Pennsylvania Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Robert J. Daniels, Esquire, 218 Pine Street, P.O. Box 886, Harrisburg, PA 17108-0886 .' ..-' -.. CERTIFICATE OF SERVICE On this 11th day of December, 2006, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, certified mail, addressed to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 KILLIAN & GEPHART, LLP ~~e Attorney J.D. #83376 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 ,...", <:::::> = <7" o f'"I'1 n o .,., -4 ::c rnpg -n fTl -i~]C~ ,:", , ~~~ ~'f: .:;??~ ,:'5' T1 :::.., ? .-.0 -< :1--'" == v:> ., o