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Home My WebLink About02-3042IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA: CIVIL ACTION - LAW ERIKA NICOLE SCHNEIDER Defendant :No. 02' 30'4,.2_ : LICENSE SUSPENSION APPEAL APPEAL OF OPERATOR'S LICENSE SUSPENSION AND NOW, comes the Appellant, Erika Nicole Schneider, by and through her Attorney, Jane Adams, and respectfully appeals the suspension of driving privileges. 1. The Appellant, Erika Nicole Schneider, PA Operator Number 26122050, resides at 5007 Apache Drive, Mechanicsburg, Pa. 17055. 2. The Appellant, Erika Nicole Schneider, received a Notice of Suspension. (See Exhibit #1). 3. The aforesaid suspension of operator's privilege is for a period of one year, effective June 28, 2002 at 12:01 am. 4. The suspension is a result of Appellant's conviction of violating Section 6308 (offenses related to alcohol). 5. Defendant was erroneously informed that she was a first time offender; and plead guilty to this offense after being told that she would lose her license for ninety (90) days. 6. The loss of Appellant's license would create a severe hardship for Appellant. WHEREFORE, Appellant, Erika Nicole Schneider, respectfully requests this Honorable Court grant a hearing on this matter and enter a Supersedeas until such time that a hearing can be held. Respectfully Submitted, J~c~ams, ~sq~re I.I~. ~o. 79465 36~4uth Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Appellant, hereby certify that a copy of Plaintiff s APPEAL FROM LICENSE SUSPENSION has been duly served upon the DEPARTMENT, by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, Pa. 17104 Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR APPELLANT. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATIQN Bureau of Driver Licensing Mail Date: HAY 2~, 2002 ERIKA NICOLE SCHNEIDER 5007 APACHE DRIVE MECHANICSBURG PA 17055 WID ~ 021376111843667 001 PROCESSING DATE 05/17/2002 DRIVER LICENSE ~ 26122050 DATE OF BIRTH 10/03/1981 Dear MS. SCHNEIDER: As a result of Your violation on 03/23/2002 of violating Section 6308 (offenses related to alcohol), your driving privilege is being SUSPENDED for a period of 1 YEAR(S) as mandated by section 1532D of the vehicle code. The effective date of suspension is 06/28/2002, 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 eepved all the tlme on the suspension/revocation, we cannot restore your drtvlng pr/v- tlege untll 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 Possess/on on or before 06/28/2002. You may surrender these items before, 06/28/2002, for earlier credit; however, You may not drive after these items are surrendered· YOU HAY NOT RETAZN YOUR DRZVER"S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 9.00. 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 wtll not recelve credlt toward servlng any untfl we ~ece~ve your lfcense(s). Complete the steps to acknowledge this suspension. su=penslon following 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 nora- 02137&1118tt~7 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 driverfs license. Remember: You may not retaAn your driverfs license for identification purposes· Please send these items to: PennsylvanAa Department of Transportation Bureau of DrAver LAcensAng P.O. Box 68&93 Harrisburg, PA 17106-8695 Upon receipt~ review and acceptance of your PennsylvanAe driver's license(s)~ learner~s permit(s)~ and/ar 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 wAthAn 3 weeks~ please contact our office. Otherwise~ you wall not be gAven credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If you do not return all current drAver license pro- ducts~ we must refer this matter to the Pennsylvania State Police for prosecutAon under SECTION 1571(a)(~) 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 draying prAvilege. To pay your restoration fee~ complete the following steps= 1. Return the enclosed ApplicatAon for Restoration. The amount due Ks listed on the applicatJon. 2. Write your driver's license number (lAsted on the first Page) on the check or money order to ensure proper credit. 3. Follow the payment and mailAng instructions on the back of the application. PROVIDING PROOF OF INSURANCF 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 awn a vehicle registere~ in Pennsylvania, Zm~oPtant: Please make sure that PennDOT Ks notifAed if you move from Your current address. You may notify PennDOT of Your address change by ca11Ang any of the Phone numbers listed at the end of this lettero 021376111843667 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) with/n 50 days of the mail date~ HAY 24, 2002, of th/s letter. Zf you file an appeaZ In the County Court, the Court wl[1 glve you a time-stamped cePttf~ed copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by cert/f/ed mail to: Pennsylvan/a Department of Transportation Off/ce of Chief Counsel Third Floor, Riverfront Off/ce Center Harrisburg, PA 17104-2516 Remember~ this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania driver license products to PennDOT by 06/28/2002. Sincerely, Rebecca L. 8ickley, Director Bureau of Driver Licens/ng INFORMATION 7:00 a.m. to 9:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE OUT-OF-STATE 717-391-6190 TDD OUT-OF-STATE WEB SITE ADDRESS ~.dot.state.pa.us 1-800-228-0676 717-391-6191 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ERIKA NICHOLE SCHNEIDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA: CIVIL ACTION - LAW Vo ERIKA NICOLE SCHNEIDER Defendant : No. O2 . : LICENSE SUSPENSION APPEAL AND NOW, this ORDER 2 I~ ~ day of ~'- u. an, ~ ,2002, upon consideration of ERIKA NICOLE SCHNEIDER's Appeal from Suspension of Operating Privileges, it is hereby ORDERED and DECREED that, a heating be held on ff)~[t~} 7 the of ,2002, at3:$ o'clock, .m. in Courtroom ~' of the Cumberland County Courthouse. A Supersedeas is granted until such time as the Court resolves this appeal. VINV;'fl,~SNN]d XldVJ.O;'i:;;i LC':;;: :;,'..: ~0 ....... L ,I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH of PENNSYLVANIA: CIVIL ACTION - LAW . v. : No. ERIKA NICOLE SCHNEIDER : Defendant : LICENSE SUSPENSION APPEAL PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the Appeal from Suspension of Operating Privileges filed on behalf of Erika Nicole Schneider under the above-captioned number. Date: C~ , 67Q~0. 0'~ : Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR APPELLANT