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Home My WebLink About02-5112Appellant VS. Commonwealth of Pennsyl'/ania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : File No. (_.)oq.- ~//~_ PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION 1. Appellant herein is residing at and having a m~.iling address of: 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai lng address of: .,~ Departmer~t of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Department of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated ~,~=T. ~,~b,~¥' ,~o,, Z~Z, a copy of which is-attached hereto as Exhibit A, the De3artment of Transportation _/~ ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of _ (~O denied the i,*.suance renewal of a driver's license. 4. Supersedeas: X' Pursuant to 7'5 Pa.C.S.A. § 1550(b)(1)(ih Appellant is retaining driver's licen,,.e until final determination of the suspension of operating privilege, Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the ApPellant must be held before the Court of Common Pleas before an order of supe:sedeas can be issued. Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis ration until final determination of the suspension of'registration. 5. The said suspension of Appellant's operating privileges / registration is impr, per or unlawful for the following reasons: Appellant respectfully requests that this matter be set down for a hearing and that the c?der of suspension / order of denial be set aside. Respectfully submitted by, Appellant -2- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Maii Date: SEPTEMBER 50, 2002 MATTHEW AARON THOMAS 5911 J K DRIVE HARRISBURG PA 17112 WID ~ 022669283047490 001 PROCESSING DATE 09/23/2002 DRIVER LICENSE # 26968198 DATE OF BIRTH 11/23/1984 Dear MR, THOMAS: This is an Of~lclal Notlce o~ the Suspension of your Driving Privilege as authorized by Section 1538E of the Pennsylvania Vehicle Code. As a result of Your 09/20/2002 conviction of violating Section 5362 of the Vehicle Code, EXCEEDING MAXI- MUM SPEED, on 09/14/2002: · Your driving privilege is SUSPENDED fop a Period o~ 90 DAY(S) effective 11/0q/2002 at 12:0! a.m. · PennDOT is required by Section 1555 of the Pennsylvania Vehicle Code to assign 5 POints to Your driving record. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for CONPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even i~ you have served all the time on the sus~ension/revocation, we cannot restore your driving priv- ilege until all the requirements are satisfied. ~OMPLYING 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 11/04/2002. You may surrender these items before, 11/04/2002, for earlier credit; however, YOU may not drive after these items are surrendered. YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZPZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $10.00. You must Present two (2) forms of Proper iden- tification (e.g., birth certificate, valid U.S. Passport, marriage certificate, etc.) in order to obtain your photo identification card. 0226692830~7490 You W11! not Pecelve credit toward serving any suspens&on until we receive your [&¢ense(s)o Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's Permits and/or camera cards to PennDOT. If You do not have any of these items, send a sworn nota- rized letter stating You are aware of the suspension of Your driving Privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification Purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of Your Pennsylvania driver's iicense(s), learner's Permit(s), and/or a sworn notarized ietter, PennDOT wiII send you a receipt con- firming the date that credit began. If You do not re- ceive a receipt from us within 3 weeks, Please contact our office· Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. If You do not return ali current driver license Pro- ducts, we must refer this matter to the Pennsyivania State PoIice for prosecution under SECTION I$TI(a)(q) of the PennsYivania VehicIe Cede. pAYING THE RESTORATION FEF You must Pay a restoration fee to PennDOT to be restored from a suspension/revocation of Your driving Privilege. To pay Your restoration fee, compiete the following steps: I. 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. Foilow the Payment and mailing instructions on the back of the application. 0226692830q7490 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 own a vehicle registered in Pennsylvania. Zmportant: 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 30, 2002, of this letter. If you file an appeal in the County Court, the Court will glve you a time- stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certi- f/ed 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 OFFZCZAL NOTZC£ OF SUSP£NSZON. You must return all current Pennsylvania driver license products to PennDOT by 11/04/2002. SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 3 20,~. OCT Commonwealth of pennsylvania Department of Transportation IN THE COURT-OF COMMON PLEAS OF CUMBERLP~IqD COUNTY, PENNSYLVANIA NO. CgD- ~//o~ R_O_.R~.E R OF C~__~RT_ ,, ~ . _ ,200v Appellant's Appeal, a hearing AND NOW, this ,.~ day' of ~h2~ }Q.,,t~._ ~, based npon shall be held on i__~CO _~kday of _~ ~-' 2002, in Courtroom ~_.~ at ~_ o'clock ~.m. at the Cumberland County Con,house. VS. In the Court of Common Pleas of Cumberland County, Pennsylvania To Prothonotary 19 .-e-:;~...~-) : ~ . ....... ~f~Plaintiff NO. Filed VS. PRAECIPE 19 , Atty.