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Home My WebLink About06-6410 Malissa K. Rabold, Petitioner V. Commonwealth of Pennsylvania, Department of Transportation, Respondent November 2nd, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner Malissa Rabold, by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Cons. Stat. Ann. S 1550 for review of an order of the Department of Transportation suspending petitioner's operation privilege, and in support thereof represents as follows. 1. Petitioner, Malissa Rabold is an adult individual residing at 11 Front Street, Boiling Springs, Pennsylvania 2. Petitioner currently possesses a valid driver's license issued to her on which has not heretofore been suspended, cancelled, or revoked. 3. By letters dated Oct. 3 and 4 of 2006, Petitioner was notified in writing the Department of Transportation of the entry of an order suspending her driver's license for the following reasons as set forth in the notice: Driving with a suspended license and Driving without insurance. A copy of the notices is attached as Exhibit A. 4. The suspension is improper and unlawful for the following reasons: She was not aware that she did not have insurance and paid her outstanding speeding ticket before the date of the offense. WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant of75 Pa. Stat. Ann. S 1550 and that the order of the Department of Transportation be set aside. ~ Petitioner 11{21GR COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 04, 2006 BOILING SPGS PA 17007 WID # 062709283012305 001 PROCESSING DATE 09/27/2006 DRIVER LICENSE # 27549470 DATE OF BIRTH 0713111986 MALISSA KAYE RABOLD 11 FRONT ST Dear MS. RABOLD: 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 09/25/2006 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 08/19/2006: Your driving privilege is SUSPENDED for a period of 1 YEAR(S} effective 02/07/2007 at 12:01 a.m. This suspension is in addition to any other suspensions al- ready on your record. 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 11/07/2006. You may surrender these items before, 11/07/2006, for earlier credi t; 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. 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 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 nota- rized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter 062709283012305 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 con- firming the date that credit began. If you do not re- ceive 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 pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code. 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 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 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 04, 2006, 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 062709283012305 Remember, this is an OFF:IC:IAL NOT:ICE OF SUSPENS:ION. You must return all current Pennsylvania driver license products to PennDOT by 11/07/2006. SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, l;),.eflArl Janet L. Dolan, Director Bureau of Driver Licensing 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 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 OCTOBER 03, 2006 MALISSA KAVE RABOLD 11 FRONT ST BOILING SPGS PA 17007 WID t 062699283963479 001 PROCESSING DATE 09/26/2006 DRIVER LICENSE. 27549470 DATE OF BIRTH 07/31/1986 Dear Motorist: Your driving privilege is scheduled to be suspended on 11/07/2006, because you failed to produce proof of financial responsibility on 08/19/2006, the date of your traffic offense. 1. Your driving privilege will be suspended for three months effective 11/07/2006 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. Please see the enclosed application for restoration fee information. - 2. You will be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in your possession. 3. You will be required to provide the Department with proof that all motor vehicles registered in your name are covered by a motor vehicle liability insurance policy or by a program of self-insurance approved by the Department. You will not be permitted to operate a motor vehicle until you have been advised in writing by this Bureau that your privilege has been reinstated. If yOU do not comply with this notice, this Bureau will refer this matter to the Pennsylvania State Police for prosecution under Section 1571 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 11/07/2006 12:01 A.M. In order to comply with this sanction YOU are required to return any current driver's license, learner's permit and/or , . 062699283963479 temporary driver1s license (camera card) in your possession no later than the effective date listed. I f 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 privilege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if you do not surrender your license, Credit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, 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 SANCTION. 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 03, 2006, of this letter. If you file an appeal in the County Court I 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 Sincerely, l;)~rMJ Janet L. Dolan, Director Bureau of Driver Licensing ~ r:J 7D ~ () (") = s: c::::::> ., t ('.:.J...... :?- ~ ~- :z --- 11 C) 1i1rc-: -- ...!'- .....r- ~ I 0' N l. ", -Z' ~ U _da , .r::- .. \,J\ 1'.' ry (Ii J NOV 118 2OD6 i' { [I' \ Malissa Rabold, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLV ANIA V. COMMONWEALTH OF PA DEPT. OF TRANSPORTATION BEREAU OF DRIVER LICENSING NO. /J..) I. . II D(p- &'+/0 (~~ LICENSE SUSPENSION APPEAL ORDER AND NOW, this..,.?'/,6t- day of 1z~..mM ,2006, upon consideration of the within Pe ition, it is hereby ordo/ed and, drecreed that a hearing be held on the I~ day of , 20~ at /i1,1 S () 0' clock in Courtroom --L-, Cumberland County Courthous . Notice of said hearing shall be mailed to the Department of Transportation by the Peitioner at least sixty days prior to the date of the hearing. J. Distribution: Malissa K. Rabold, 11 Front Street P.O. Box 13 Boiling Springs, P A 17007 p~ OuA-. w,,~. ~ ./}y~ 11.;)..)-1)(", CA .' '''.j:ti!()f''''t ,'! ' \~ I /'...} I Z :~ t.td I Z AON 900l MALISSA K. RABOLD, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION BUREAU OF DRIVER LICENSING Respondent CIVIL ACTION - LAW NO. 06-6410 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 14th day of February, 2007, this matter having been called for hearing, and after hearing the captioned license suspension appeal is dismissed and the license suspension reinstated. By the Court, ~~rge H. Kabusk, Esquire v6~~ice of Chief Counsel For the Commonwealth ~Malissa Kaye Rabold 11 Front Street Boiling Springs, PA 17007 Ai- :bg VIN~jJY1\SNN3d AlNnCC' ~{lH::8I'in~ +J 0 :2 Wd 12 83:JLOOl AtwlONOHlotjd 3H1 :10 3Jl::l:lO"'{J31ld