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Home My WebLink About06-6585 JESSICA DUGAN v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: 0(,.- t, Y fs COMMONWEAL TH OF PENNSYL VANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL PETITION FOR LEAVE TO APPEAL FROM SUSPENSION OF OPERATOR'S AND REQUEST FOR SUPERSEDEAS AND NOW comes the Appellant, Jessica, by and through her attorney, Michael J. "''hare, Esquire, and respectfully avers the following: 1. Appellant resides at 2652 Beyer Lane, Norristown, Pennsylvania. 2. Appellant received Notice dated November 2,2006, stating that as a result of her alleged violation of Section 6308 of the (offenses related to alcohol), her driving privilege was being suspended for a period of ninety (90) days, effective December 7, 2006, at 12:01 a.m. A copy is attached hereto as Exhibit "A". 3. Suspension is improper in that (a) Defendant was convicted of underage drinking on October 16,2006, and had until November 15,2006 to file an appeal. Undersigned counsel filed a timely appeal on November 9, 2006. (b) The Pennsylvania Department of Transportation lacked independent authority to administratively suspend or revoke the license in question, pending an appeal. 4. A Supersedeas is appropriate in this matter if and until these issues can be resolved, especially given the high likelihood of success by Appellant/Petitioner. WHEREFORE, your Appellant respectfully requests this Honorable Court to schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code, for the just reasons stated above. Respectfully submitted, ri/! ~ / L-- JL Michael J. Whare, Esquire 155 South Hanover Street Carlisle, PAl 7013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Petitioner Date: '/__ /") ,01.[) , JESSICA DUGAN VI. COMMONWEALTH OF PENNSYL VANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: : LICENSE SUSPENSION APPEAL CERTIFICATE OF SERVICE I, Michael 1. Whare, Esquire, attorney for Defendant, do hereby certify that I this day served a copy ofthe Notice of Appeal and Request for Supersedes upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: 1/:"/'1 - \> {.o Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Respectfully submitted, ROMINGER & WHARE /f!-e-/ 1f'1-/\. Michael J. Whare.,"Esquire 155 South Hanover Street Carlisle, PAl 70 13 (717) 241-6070 Supreme Court ID # 89028 Attorney for Petitioner ,---- ! "V' > . I / ' , f - }tI '_~~./:~-" _.~ -- ,1 ./ ./ , :I ! , ~ \ ~-~) I \) ,/ ~ c ,'j.'~ \_ ~'--) L: I/-~\, ~.-~. /"--~~---~-_. .'...----- - o ~ ...----- /' // / COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: NOVEMBER 02, 2006 ) .~ .7 o \ JESSICA E DUGAN 2652 BEVER LANE NORRISTOWN PA 19403 WID i 062996318457085 001 PROCESSING DATE 10/26/2006 DRIVER LICENSE t 28101879 DATE OF BIRTH 02/09/1988 Dear MS. DUGAN: As a result of your violation on 08/27/2006 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 90 DAY(S) as mandated by section 15320 of the vehicle code. The effective date of suspension is 12/07/20061 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 suspension/revocation 1 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 on or before 12/07/2006. You may surrender these items before, 12/07/2006, for earlier credi t i however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVERwS 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 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 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 ~~~ ~H ....j '.)J ~ ~ ~ - \ ~ r-........") (-) ,. (P' o -n ..-.,l...~~_ .-1 fTi ~~ ~. --, - .. -.-\ ~~~ -< 0' /, ,. JESSICA DUGAN NOV 15 2006,.r 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: (-k ~ ~ 1-f-J ~. ( I v. COMMONWEAL TH OF PENNSYL VANIA, PENNSYL VANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, : LICENSE SUSPENSION APPEAL ORDER OF COURT AN~ NOW, this ~/,.at day of ~/YJ1~ 2006, upon consideration of this APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE, it is Ordered that a hearing on the ~atter shall be held on the / t(fl day of !f)~ /1~ ' 20l)ll\t 9; 300, clock It m. in Courtroom No. L of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550(b)(I) until such time that this Honorable Court resolves this appeal. By the Court: . .#~ J. Distribution: P A Department of Transportation, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 Rominger & Whare, 155 South Hanover Street, Carlisle, PA 17013 Michael J. Whare, Esquire . A..I /1- J.~~ ~~ Lf- I Z :'1 Hd I Z f.ON 900l '''' -If \ ~V JESSICA DUGAN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO:06-6585 COMMONWEAL TH OF PENNSYL VANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING : LICENSE SUSPENSION APPEAL PRACEIPE TO WITHDRAW LICENSE SUSPENSION APPEAL TO THE PROTHONOTARY: Please withdraw the License Suspension Appeal on behalf of the Plaintiff in the above captioned case and cancel the hearing now scheduled for February 14,2007. Respectfully submitted, ROMINGER & WHARE 1i~f~/[ 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Petitioner Date: February 9, 2007 cc. George Kabusk, Esquire Department of Transportation o s:;:. rc:; c;:> --' -n rr-. c:o \ UJ -0 _.~ .-.;.- ~ -' :I:""i1 l~l\r -0 \J1 ~A~\ c;~("'S ,-;.~ ,T1 ':::::\ -..~~~ ~ c",) ., .r:- w