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Home My WebLink About06-5867 1/ JUDY ANN KINER-SMITH, Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ~ NO. Dr.. - fiPC. '1 t!iQLL '--r ~ COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee APPF.AL OF OPF.RATOR'S LTC.F.NSF. SnSPF.NSION AND NOW comes the Appellant, Judy Ann Kiner-Smith, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. Appellant resides at 200 Old Town Road, Gardners, Adams County, Pennsylvania 17324. 2. The underlying violation that is alleged for this suspension occurred in Cumberland County. 3. The Appellant received a notice dated September 6, 2006, that as a result of her August 29, 2006 conviction of violating S 3736 of the Vehicle Code, Reckless Driving on May 24, 2006, that her driving privilege is suspended for a period of six months, effective October 11,2006 at 12:01 a.m. A copy of the Notice is attached as Exhibit "A." 4. The Appellant filed a Summary Criminal Conviction Appeal in Cumberland County Court on September 19, 2006 regarding her conviction on August 29, 2006. A copy of the Summary Appeal is attached as Exhibit "R" 5. The Appellant submits that there has not been a final disposition of her appeal and that she would be unduly prejudiced if the suspension were to be imposed at this time. 6. There was insufficient evidence to convict the Appellant. 7. The Appellant denies she committed the offense. II WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the matter and to reverse the Department's Order to suspend her Pennsylvania operating privileges. Respectfully s / '/" /' " ,? f /' ~. ~/ Date: October 5, 2006 /'. / Marlin L. .~ Law 0 Ices [Patrick F. Lauer, Jr., LLC 2108 Mark Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 II i JUDY ANN KINER-SMITH, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, Suspension BUREAU OF DRIVER LICENSING, Appellee A TTORNRV VRRTFTC'A TTON I, Marlin L. Markley, Esquire, undersigned counsel for Appellant, Judy Ann Kiner-Smith, hereby verifies and states that: 1. I am the attorney for Appellant, Judy Ann Kiner-Smith; 2. I am authorized to make this verification on my client's behalf; 3. The facts set forth in the foregoing Appeal are known to me and not necessarily to my client; 4. The facts set forth in the foregoing Appeal are true and correct to the best of my knowledge, information and belief; and 5. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, Marli . M ey, Esq. Law Offic s of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: October 5, 2006 II JUDY ANN KINER-SMITH, Appellant v. r : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee CF,RTTFTCATF. OF SF.RVTCF. I hereby certifY that I am this day serving a copy of the foregoing Appeal upon opposing counsel by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through fIrst class mail, certifIed, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 Date: October 5, 2006 Respectfully submitted, Marlin Law ffic of Patrick F. Lauer, Jr., LLC 2108 M et Street, Aztec Building Camp ill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: SEPTEMBER 06, 2006 JUDY ANN KINER-SMITH 200 OLD TOWN RD GARDNERS PA 17324 WID i 062429283693215 001 PROCESSING DATE 08/30/2006 DRIVER LICENSE # 21865623 DATE OF BIRTH 12/02/1966 Dear MS. KINER-SMITH: This is an Official Notice of the SUspension of your Driving Privilege as authorized by Section 1532B of the PennsYlvania Vehicle Code. As a result of Your 08/29/2006 conviction of violating Section 3736 of the V~hicle Code RECKLESS DRIVING on OS/24/2006: · Your driving privilege is SUSPENDED fo~ a pe~iod of 6 MONTH(S) effective 10/11/2006 at, 12:01 a.m. 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. You shoUld follow ALL inst~uctions Ve~y ca~efully . Even if YOU have se~ved all the time on the suspension/~evocation, we cannot ~esto~e yoU~ d~iving p~ivilege until all the ~equi~ements a~e 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 before 10/11/2006. You may su~render these items before, 10/11/2006, 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 o f $ 1 0 . 0 0 . You must p res e n t two ( 2 ) for m s 0 f prop e r identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive c~edit towa~d se~ving any suspension until we ~eceive YOU~ license(s). Complete the fOllowing steps to acknowledge this suspension. 062429283693215 PROVIDING PROOF OF INSURANCE Wi thi n the la st 30 days 0 f your suspens ion/rev 0 ca t i on, we will send you a letter asking that yOU provide proof of insurance 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 listed at the end of this letter. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, SEPTEMBER 06, 2006, of this letter. if YOU file an appeal 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 certified 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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 10/11/2006. Sincerely, iJrefVJr/ Janet L. Dolan, 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 (8:00 IN STATE OUT-OF-STATE TDD. IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 062429283693215 1. Return all current PennsYlvania driver's licenses, learner's permits and/or camera cards to PennDOT. If YOU do not have any of these items, send a sworn notarized 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. Remember: You may not retain your driver's license for identification purposes. Please send these items to: 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(s), and/or a sworn notarized letter, PennDOT will send YOU a receipt confirming the date that credit began. If YOU do not receive a receipt from us within 3 weeks, please contact our 0 f f ice . 0 t h:e r w is e , YOU will not beg i v e n c red i t 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 products, 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 must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete t~e fol10win~ steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the apPlication. 2. Write your driver's license number (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 the application. ...~ . ~. . . ....',. . .....~,~ . IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND Name and Address of Defendant: Notice of Appeal from Summare f!bT?1( ::I~v~ct~q?i i j! Name and Address of District Justice: """,..J.., i i ;,," .( I, ,., ,.l' ;'.~, ,.\.. \;~ f~' :z., "p,.", ,\.,.' ,). - c., i . \ Zip ( 1- ~~;,~;' - ,J " L.'. ~:7'- IZ!f.....' Signature ,j ;" <,! . , , ;;' ,. ;,_,( i Magisterial District No. '-;:.,? ...."".,,/i Decision of District Justice: . < {.~~ Date of Decision t . I, /.J ,/ ~r 1 {t \..1. Offense(s) Appealed ^'{ Name and mailing address of officer as show~ on citation .~ l or complaint ,...1"'\ \ ~~'~:"-, . If sentence includes fine and costs, amount of which paid: $ ./ ,I II Type or amount of bail furnished to District Justice, if any: . ~ . 1:\ Name and Address of Attorney: ""'~"'~"""/-"'- -;:~ ;' -. /~, .. 'j District Justice Docket No. /1'\'" {, . ('. ><; .JOj" / 'f ,.r- i f./~' !' " ~~~ (signature) (print name) " ! ~ ; .\./ i.'< I 1 ~ r~ ... , ~ \. ~ ";, \- \ 'I' '" (.I' ' \it.\.\" \,y;' , . ',"- Citation No. . 15<....3 ',/ ~!,/ i ~ f, ...:,...._,.. (address) Zip Atty.I.D.# Phone: NOTICE TO DEFENDANT: You will be notified of court hearing date by the District Attorney. If your appeal is from a motor vehicle conviction that will result in your driver,'~ II,i,c;:~n~~ being suspended, you may have the Clerk of Courts certify the Bureau of Driver Licensing copy of.the'appeal fo'rYO,ur use in requesting a delay in that suspension. --."" . ;"" ;.' ..... " - , . . I hereby certify that an appeal had been filed in the ab1v~~ta~~i?~\d:~aiter. .. .\)....... ~ ~., .; ~ , " -"'. :;'~,:: : . . . . ~~. ,...' " " -,: t' fj.; ~\1 ~~}.", CtERKlI0F' COURTS WHITE - Clerk of Courts GREEN - Affiant's COpy YELLOW - District Justice PINK - District Attorney GOLD - Defendant ?:::J ~ '- ~ ~ f:) ~ '\ ~ ~ C9 ~~ $ ). '~ Cl 1',) ~~'-. ~::~ C;"'1t. o /1 C:J ~..-IT c:' _J -.~l r:l j=1 I :,'J :I ,~ <"':1 I I ! OCT 0 9 2006 IC{\~' L:_~,~: .. ~ ~c~ - . _ ,_u_._.._~_._._~ , ",,,J v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. D(.-SRt-/'f 6C.Ji-L~VL~ JUDY ANN KINER-SMITH, Appellant COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee ORnF,R OF COlTRT AND NOW this c:?~ day of atCtiJl/L 2006, upon consideration of the within APPEAL OF OPERATORS LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter at on the ~ day of ~ ~ ,;;{ d7J at 9/ ctJ a.m.tJ3ia. in Courtroom No. 'I of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time that this honorable court resolves this appeal. BY THE COURT: 114.. Dis!9bution: ~ Dept. of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, / Harrisburg, P A 17104 --Marlin L. Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 -l \tN\i'\'\!:; \j(\J:1,.1 I \Nr:::-:~" .,,:,:--.,;' :~.';:"'-.\"n1"\ l'uJ '\ \"c, , \ . '> ,', )';',dV'j Iv 9E :E ~!d SZ lJO 90UZ I' 1\J10' "',, .' (<' . ' :1111 ..l0 I\tl' "\'v"l\./cd...i\.\.:J jCJH.~O-(J31\;:j JUDY ANN KINER-SMITH, Appellant , I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-5867 Civil Term COMMONWEALTH OF PENNSYLVANIA,: Appeal of Operators License DEPARTMENT OF TRANSPORTATION, : Suspension BUREAU OF DRIVER LICENSING, Appellee PRARC.TPR TO WTTHnRAW APPRAT. OF OPRRATORS T.TCRNSR STTSPRNSTON TO THE PROTHONOTARY: Kindly withdraw the appeal of operator's license suspension that was filed on October 5, 2006, for the above-captioned case. The Parties agree that Appellant's license suspension appeal hearing scheduled for January 25, 2007 at 9:00 a.m. is no longer needed. ey, Esquire ~ ffic of Patrick F. Lauer, Jr., LLC 2108 M et Street, Aztec Building Camp ill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: January 22, 2007 Distribution: -PA Dept. of Transportation, Office of Chief Counsel, George H. Kabusk, Esq., Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 -Judy Ann Kiner-Smith, 200 Old Town Road, Gardners, P A 17324 -Judge Kevin A. Hess, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013 2- 'Z' c:: ~ <;3 <- '):1" _4IJI' - N C,..) ~;? ::r; ~ ~ rn~ ""-lm ~T)O '~~s (51"\\ ::::-t ~ ....0 N -