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HomeMy WebLinkAbout04-0240Timothy C. Wells Sr. V, Petitioner Commonwealth of Pennsylvania Depathnent of Transportation Bureau of Driver Licensing Respondent In The Court of Common Please Cumberland County, PA LICENSE REVOCATION APPEAL And now, comes Petitioner, Timothy C. Wells Sr. and makes the following arguments in support of this License Revocation Appeal. Petitioner, Timothy C. Wells Sr., is a Licensed Pennsylvania Driver with Residence address of, 310 11t~ St. New Cumberland, PA. Respondent, The Transportation, Bureau of Driver Licensing, has a mailing address of Riverfront Office Center Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County Pa. 17104-2516 o Petitioner received a notice of License Revocation by way of letter dated December 20, 2003, from the Department of Transportation indicating in hi driving privileges we scheduled to be suspended on 02/02/2004, because he failed to produce proof of financial responsibility on 11/07/2003, the date of his traffic offense. Said notice is attached hereto ~ and incorporated herein by reference: pages #1 thru #3. 4. Petitioner, Timothy C. Wells Sr., bring statement in argument support. Said notice is attached hereto reference: pages #1 of#1. proof that al! 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 lB71 (A) of the Vehicle Code. EFFECTIVE DATE OF SUSPENSION: 02/02/2006 12:01 A.M. 0555692857155&q In order to comply with this sanction you are required to return any current driver's license, learnerms permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If 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 privi- lege. 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 Ve- hicle Code. Although the law mandates that your driving privilege is under suspension even if You do not surrender your license, Credlt will not begin until all current driver's license product(s), the DL1GLC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, 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, DECEMBER 29, 2003, of this letter. ~f You file an appeal 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 1710q-2516 Timothy C. Wells Sr. V. Petitioner Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Respondent : In The Court of Common Please : Cumberland County, PA . LICENSE REVOCATION APPEAL And now, comes Petitioner, Timothy C. Wells Sr. and makes the following arguments in support of this License Revocation Appeal. Petitioner, Timothy C. Wells Sr., is a Licensed Pennsylvania Driver with Residence address of, 310 11t~ St. New Cumberland, PA. Respondent, The Transportation, Bureau of Driver Licensing, has a mailing address of Riverfront Office Center Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County Pa. 17104-2516 Petitioner received a notice of License Revocation by way of letter dated December 20, 2003, from the Department of Transportation indicating in hi driving privileges we scheduled to be suspended on 02/02/2004, because he failed to produce proof of financial responsibility on 11/07/2003, the date of his traffic offense. Said notice is attached hereto as~lll~ and incorporated herein by reference: pages #1 thru #3. 4. Petitioner, Timothy C. Wells Sr., bring statement in argument support. Said notice is attached hereto as~l~ and incorporated herein by reference: pages #1 of#1. L CQMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver LAcensing Harrisburg, PA 17123 DECEMBER 29, 2003 TIMOTHY C WELLS 310 11TH STREET NEW CUMBERLAND PA 17070 WID ~ 033569283715564 001 PROCESSING DATE 12/22/2003 DRIVER LICENSE ~ 19409230 DATE OF BIRTH 10/10/1960 Dear Hotorist: Your driving privilege is scheduled to be suspended on 02/02/2004, because you failed to produce proof of financial responsibility on 11/07/2005, the date of your traffic of- fense. 1. Your driving privilege will be suspended for three months effective 02/02/2004 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. Please see the enclosed application for restoration fee formation. 2. You will be required to return any current driver's license or learner's permit a~ temporary drivers license (camera card) in your possession. 3. You will be required to provide the Department with proof that ail 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: 02/02/2004 12:01 A.M. 035569285715564 In order to comply with this sanction you are reauired to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the reauirements 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 privi- lege. 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 Ve- hicle 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 ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN i5 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 3D days of the mail date, DECEMBER 29, 2003, of this letter. If you file an appea! in the County Court, the court w111 glve you a time- stamped certified copy of the appeaZ. 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 1710q-2516 03~569285715564 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-i6LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA I7106-8&93 INFflRMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-952-4600 717-391-6190 1-800-228-0676 717-391-6191 MOTOION TO APPEAL DRIVERS LICENE SUSPENSION Timoth,~ C. Wells Sr. 310 11"' St. New Cumberland, PA. 17070 Vs Commonwealth of Pennsylvania Depa~ hnent of Transportation Bureau of Driver Licensing RE: WID # 033569283715564 001 Processing Date 12/22/2003 Driver License # 19409230 Date of Birth 10/10/1960 Dear Sirs: Now comes before you Timothy C. Wells requesting that his drivers license privileges not be suspended. On 11/07/2003, his 18 year (Christen Victoria Wells) old daughter was told not to drive any vehicles, due to the fact the we forgot to pay the insurance premium. Knowing full well that the vehicle was not insured she waited until after I left and got in the car to go to school. On her way to school she rear ended another vehicle. Both drivers exchanged information and the other driver came to our house and spoke with my wife. We stated that we would pay for any damages. There was no major damage done to either vehicle. Neither person was injured. At no time were the police call. I have never spoken with a police officer in reference to this accident. I feel that I did the correct thing by parking the car in the the driveway and informing everyone that I had to make the insurance payment that day and no one was to drive it. I feel that since I was not the one driving the vehicle i~ the time of the accident that my license should not be affected. It should be my daughter's license that should be revoked. Wherefore, Petitioner prays that this Court declare that the portion of the Department of Transportations notice of December 29, 2003, which rems: punishment by void. Respectfully Submitted ells Sr. VERIFICATION I hereby verify that the statements made on this document are tree and correct. I understand that false statement herein are made subject to the penalties of 18 PA.S>C> Section 4904, relating to sworn falsification to authorities. DATE: JAN 2 2 21104 Timothy C. Wells Sr. V. Petitioner Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing Respondent : In The Court of Common Please : Cumberland County, PA ORDER OF COURT And now, this~ day of January, 2004, upon Petitionllof Timothy C. Wells, a Hearing is set on the License Revocation A eal for the ~ .~. PP ]~,f day o 2004 q 3~ In Courll'oom / , Cumberland Count, r~ .... ~. ..... o~ ,.f~,'; at · ~m~y~Vanla. Notice of said hearing, shall be given by Petitioner to the Department of Transportation at least sixty (60) days prior to the date of said hearing. DISTRIBUTION: ~d~oramonwealth of Pennsylvania epartment of Transportation Bureau of Driver Licensing 3~ lth~Y ~t: Wells Sr. New Cumberland, PA 17070 BY THE COURT: TIMOTHY C. WELLS, SR., : Petitioner : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVER LICENSING, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-240 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of April,. 2004, upon consideration of Petitioner's "License Revocation Appeal," and the Petitioner/Appellant having failed to appear for the hearing in this matter to pursue his appeal, and the Court having waited 20 minutes beyond the time scheduled for the hearing to facilitate his appearance, the license suspension appeal is dismissed, and the suspension of driving privilege noticed by the Department of Transportation by a mailing dated December 29, 2003, which is attached to Petitioner's license suspension appeal, is affirmed. Timothy C. Wells, Sr., 310 llth Street New Cumberland, PA 17070 For the Petitioner By the Court, ' Pro S //wesley j. George H. Kabusk, Esquire Office of Chief Counsel 1101 South Front Street - 3rd Floor Harrisburg, PA 17104-2516 For the Commonwealth pcb