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Home My WebLink About06-6374BILLIE D. LYNCH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. COMMONWEALTH OF PENNSYLVANIA l DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent AND NOW, comes Billie D. Lynch, hereinafter Petitioner, by and through her attorneys, Mancke, Wagner & Spreha, who respectfully represent: 1. The Petitioner is an adult individual residing at 31 Palmer Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County, Pennsylvania 17104-2516. 3. On or about October 2, 2006, the Petitioner received an official notice of suspension indicating that her license will be suspended for a period of one year as a result of a conviction of 75 Pa.C.S.A. §1543(a), driving under suspension. (See Exhibit A) 4. Petitioner believes such suspension is illegal, unjust and improper for reasons which include, but are not limited to the following: a. Petitioner is not guilty of the underlying offense; b. Petitioner is in the process of filing a Summary Appeal Nunc Pro Tunc in the Court of Common Pleas of Cumberland County. WHEREFORE, Petitioner respectfully requests this Honorable Court to hold a hearing to determine the propriety of the suspension outlined in Exhibit A. Respectfully submitted, MANCKE, WAGNER & SPREHA Dated: October 31, 2006 Attorney for Defendant 2233 North Front Street Harrisburg, PA 17110 717-234-7051 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 02, 2006 BILLIE D LYNCH WID ~ 062689283845743 001 898 TRAVER DR PROCESSING DATE 09/25/2006 DRIVER LICENSE ~ 2413330.1 LEWISBERRY PA 17339 DATE OF BIRTH 10/13/1975 Dear MS. LYNCH This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 09/13/2006 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 08/21/2006: ^ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 11i06i2006 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 instructions very carefully. Even if you have served all the time on the suspensionirevocation, we cannot restore your driving privilege until all the requirements are 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 can or before 11/06/2006. You may surrender these items before, 11/06/2006, 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 of 510.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. a EXHIBIT W J W Q H y J J Q 062689283845743 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 license(s), 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 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 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 the following 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. 062689283845743 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, 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, OCTOBER 02, 2006, of this letter. If you fiile 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 11/06/2006. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE Bureau of Driver Licensin 1-800-932-4600 g OUT-OF-STATE 717-412-5300 P.0. Box 68693 TDD IN STATE Harrisburg, PA 17106-8693 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 VERiFlCAT1ON I hereby verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~ 3 Date '~„ `" `6~ ~~' r^ ~, ~ v l c_ `~~ r C d ~ ~ _:_.~ ~ ~ _~ ~ ~ = .. -~ C ~~ r`Y '~! -~ BILLIE D. LYNCH, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. No. D~ - `3~Y~ j ~~,~ ~a v ~e~n'1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW this ~ da of N o ~ • , 2006, upon consideration of the within Petition, Y aa~~ it is hereby ordered and decreed that a hearing be held on the ~~'day of , ~68~at }~~~' 30 o'clock in Courtroom ~, Cumberland County Courthouse. Notice of said hearing shall be mailed to the Department of Transportation by Petitioner's attorney at least sixty days prior to the date of the hearing. Distribution: Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110 ~l _(- ~ ~ ~.~.Q Pennsylvania Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3`~ Floor, Harrisburg, PA 17104-2516 / ~.15 ~o~ By the Court: ~ _t ' "~ 0 ~ ~~ ~-~~3 ~-- ~~~d 9~OI typ~7 {/ _ ~ ~, ~jV i.~_. ...~ .k ~ BILLIE D. LYNCH, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 06-6374 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION: BUREAU OF DRIVER LICENSING, : Respondent LICENSE SUSPENSION APPEAL IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 5th day of March, 2007, upon consideration of the Petitioner's License Suspension Appeal in the above-captioned case, and pursuant to an agreement of counsel in the person of George Kabusk, Esquire, on behalf of the Commonwealth, and Edward F. Spreha, Jr., Esquire, on behalf of the Petitioner, the hearing in this matter is continued generally based upon an expectation of counsel that the Department's records will be revised as a consequence of a summary appeal offense filed by Petitioner in a collateral case, and that Petitioner's appeal in this case will thereafter be withdrawn. ~dward F. Spreha, Jr., Esquire 2233 N. Front Street Harrisburg, PA 17110-1027 For Petitioner ,~orge H. Kabusk, Esquire , VAssistant Counsel Department of Transportation Motor Vehicle & Traffic Safety Division Third Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For Respondent :mae Rv thr~ (`ni~rt --- ~- t~ ,:, ~-: L[J -~ f''3 `~ ~~ ~~~- _ ~ 3 i.--- ( _.. ~ r1 w fet... + e „ _ ._.f LL! n ~~ _ t:= :+ SV BILLIE D. LYNCH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.06-6374 CIVIL TERM PRAECIPE TO WITHDRAW T0: Prothonotary of Cumberland County: Please withdraw the above-captioned License Suspension Appeal which was filed on behalf of Petitioner. Respectfully submitted, MANCKE, WAGNER, SPREHA 8~ MCQUILLAN By. Edw rd . Spr , Jr., Esquire Att ~ I.D. 661 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Petitioner Date: ~~~~~~ "`' - ~ ~; ,,,3 r -r. i :~ ~~; '' F.^i E `, r ~ __ ~....+ ~IJ ~~ --c: