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Home My WebLink About00-04926 , "", ,=~ , . '"',' j :' , "'w ,';' ,';, ' ~., ~;,,~' , IIlll ~,""'-_""l: .. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE K. MCCANNA AND NOW, this 00-4926 CIVIL TERM ORDER OF COURT l~f-- day of July, 2000, the within "Appeal for one month stay of driving privileges from suspension of driving privileges pursuant to Section 1550 of the Motor Vehicle Code," 15 DENIED without a hearing.1 Michelle K. McCanna, Pro se 606 Cooper Circle Carlisle, Pa 17013-4312 George H. Kabusk, Esquire Office of Chief Counsel Vehicle & Traffic Law Division 1101 S. Front Street Harrisburg, PA 17104-2516 :saa 1 There is no authority for this court to stay a suspension imposed by PennDOT of driving privileges, thus there is no requirement for a hearing. The appellant does not make any averments upon which this court could grant relief from the suspension of operating privileges. We will not require PennDOT to appear for a frivolous petition. . ......--..1" .. ,,~, - ,~~, ~, ,[]]I","" ~ .~,' "~~" ~, - ^' ~" ,"r.' ._, < 0.!,F T.,": . : '"it ;~'.i""I"rl\R\r' . , " " "~, 1 ''tj LiD' J!11 I'" .. .,.,:." ; I pn 3: ng CU"!l"Y" !'" 1\'I,jSI~iU,\,"'JU COUNTY PeNNSYLVANIA ,,~ ,~- ~-"~~ ,~, ,mn~~'~H~~!\IIll~il\l,!~tll~T" ,~ P'c , ". "~ ~, , ,c, ~,~ :;"J f COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRASPORTATION : IN THE COURT OF COMMON : PLEAS OF CUMBERLANDCOlJNTY, : PENNSYLVANIA VS. : : NO. 00- Lf- 9.2(, CIVIL TERM MICHELLE K. MCCANNA APPEAL FOR ONE MONTH STAY OF DRIVING PRIVILEGES FROM SUSPENSION OF DRIVING PRIVlLEGES PURSUANT TO SECTION 1550 OF THE MOTOR VEmCLE CODE AND NOW, comes Michelle K McCanna, pro se, and respectfully states as follows: 1. The Petitioner is Michelle K McCanna, an adult individual, residing in Cumberland County, Pennsylvania and having a mailing address of 606 Copper Circle, Carlisle, Cumberland County, Pennsylvania. 2, The Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Third Floor, Riverfront Office Center, Harrisburg, Pennsylvania 17104-2516, 3. The Petitioner is a licensed driver in the Commonwealth of Pennsylvania, 4, Respondent sent to Petitioner on June 5, 2000 notice that Petitioner's driving privilege would be suspended authorized by 1538E of the Motor Vehicle Code. A copy of said notice is attached hereto. 5, Petitioner's driving privilege is to be suspended for a period of 90 days effective 07/20/2000 at 12:01 a.m. '" -, \ 6, Petitioner wishes to have a stay of her driving privilege and to not begin her suspension until 08/20/2000 at 12:01 a.m. 7, Petitioner is attending The Pennsylvania State University this fall and needs her driving privilege to transport her belongings to the University prior to August 19, 2000, 8. Petitioner was not aware that upon pleading guilty to her Traffic Citation she would have her Driving Privileges revoked for a period of 90 days, 9. Petitioner needs her driving privilege to transport herselfto and from her place of employment because she can not be provided with alternate means of transportation, 10, Petitioner plans to serve her suspension to the full 90 days but -simply wishes that the suspension begin at a later date than that assigned. WHEREFORE, Petitioner requests your Honorable Court to review and allow a one month stay of Petitioners Driving Privilege in response to the action taken by the Commonwealth of Pennsylvania, acting through the Department of Transportation, in suspending the operation privileges of the Petitioner, Respectfully submitted, fYJ/('/1..d{ {/hr(t..J...J- ,. Michelle K. McCanna (pro se) 606 Copper Circle Carlisle, PA 17013-4312 (717) 249-0272 \ ; ~" ' ,'~,;..; ',~^ IKc~" , ". I verifY that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pac C. S. A. - 4904 relating to unsworn falsification authorities. Dated: June 11,2000 '71J/c~.R.l ~ 1>1C(fA1-~ Michelle K. McCanna t ..-' :J, ,,' "","'" ".' I! ~^ ,~"~; 1'~~~'~-' ."~ , _.--.r"'!:' n~ .\:\'._n~7=~r.)~~~~~:~)"~,r":\' ' r, \.J' " " fOO',', \ \'\ ,,') \'" .~.... \'/ \\\\., \ - ,:\'{ \)\) ,.)'-' ,', ':"", Cr)'~~~ \ ,,"\ >"'--' ".\1"- C;v\\J"~'3~':~~\S~\)j ;J~ ,\, ?\:..\....\... -'^ ~!l~~~'f~~i~~111iil\ll1~~'j!'W~'S;'!iif~*""N~~~!;.,~/$. JWW , ~ , "'''~ ~- - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 15, 2000 MICHELLE K MCCANNA 606 COPPER CIRCLE CARLISLE PA 17013 WID i 001609283281969 001 PROCESSING DATE 06/08/2000 DRIVER LICENSE i 26079764 DATE OF BIRTH 07/06/1982 Dear MS. MCCANNA: This is an' Official Notice of the Suspension of your Driving Privilege as authorized by Section l538E of the Pennsylvania Vehicle C~de. As a result of your 06/07/2000 conviction of violating Section . of the Vehicle Code, EXCEEDING MAXIMUM SPEED, on 06/03/2000: . Your driving privilege is SUSPENDED for a periOd of 90 DAV(S) effective 07/20/2000 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, PAVING 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, 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 d~iver's licenses (camera cards) in your possession on or before 07/20/2000. You may surrender these items before, 07/20/2000, for earlier credi t; however, you may not dri ve' after these items are surrendered. VOUMAV NOT RETAJ:N YOUR DRJ:VER'S LJ:CENSE FOR J:DENTJ:FJ:CATJ:ON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost pf 9.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marri'age 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. ,", , " ~O" . .~' :,: i": ! I 'i f" ,:j ;~ {j 11 I,; I; [' " I" , h ]1 , [,j ., ,1 , I,' i: , ~~ ..-, '" -;"j I 001609283281969 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. Yo.u 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 i t,ems to: , i I I I I i I J 'i II 'I II I I , i I I I I Ii I! I I II ,I I I 'I II I I I I I j I I I ! 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 licensees), 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 product~, we must refer this matter to the Pennsylvania state Police for proset::utiol1 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 suspensi,on/revocation of 'YOUr' driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restorat ion. amount due is listed on the application. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application. The 2. 3. -'._~ ~ -- ~'" lh' , . 001609283281969 ~ROVIDING PROOF OF INSURANCE Within the last 30 days of your suspensiDn, 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. :tmportant: Please make sure that PennDOT is notified if you move from your current address. Yo.u may notify PennDOT of your address chatig,e by calling al1Y 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 Divi?ion) w,ithin 30 days of the mail date of this 1etter"JUNE 15, 2000. If you ~ile an appeal in the County Court, the Court will give you a time-stamped certified COpy of the appeal. 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 07/20/2100. Sincerely, .'~~\~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of TransportatiDn Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ,",,",',"C" '"~c'> , ""'~~~ 1.;;"p.W~ ~i~dg,i"ob""""';;"UM'G,,",)l-hilii>~~''"'~ it ':,,, ~~, ~" . ",.;,~~.;.:",,'~ "'^' , ' '-:.. ," '" .._, [} ,..~ II"}U'" iED cor:;- ;:$ ~o' 2'cS d';(~ <- ' $~=-:; ;? ..::; -< :..) tv c::> <::> e r~- (~ .,_J f1 , '~::1'1 r-"'; f\) " L.).",.",,~.Lg) 2,;: - (~j;,~1 ';::--'1 :.t; -< ? ..L:, ... ~ G) ~ 0- ~ ~ ~ ~r'i;. t: ~ '- "0 r ~ "\ <::>