The URL can be used to link to this page

Home My WebLink About08-7320COMMONWEALTH OF PENNSYLVANIA V. JAMES D. ZIMMERMAN, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 ? - '7 5-2 0 Cc-? 1 -'?' TO THE HONORABLE JUDGES OF SAID COURT: APPEAL OF THREE POINT ASSESSMENT ON DRIVING RECORD AND NOW, this JOA _ day of .? , ' lr- , 2008, COMES Petitioner, JAMES D. ZIMMERMAN, by and through his counsel, Krevsky & Rosen, P.C., who petitions this Honorable Court to appeal his three (3) point assessment on driving record and, in support thereof, offers the following: 1. Petitioner, JAMES D. ZIMMERMAN, is a Pennsylvania resident residing at 1785 Valley Green Road, Etters, Cumberland County, Pennsylvania 17319. 2. On November 13, 2008, Petitioner was advised by the Department of Transportation that, due to his conviction of Red Light Violation (Section 3112A3I of the Vehicle Code), Petitioner would receive a 3-point assessment on his driving record. (Exhibit A). 3. Petitioner is permitted to appeal the suspension of his vehicle registration as he was advised that he would not have points taken off his license if he paid the fine. 4. Plaintiff has filed an Appeal Of Summary Conviction with Magisterial District Justice Clement's Office. WHEREFORE, Petitioner requests your Honorable Court to appeal the three (3) point assessment on his driving record and to stay the point assessment pending a hearing on this matter. DATE: 8 Respectfully submitted, KREVSKY & ROSEN, PC Sanford A. Kr Esquire I.D. # 15560 C5 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 skrevsk a.,krevskyandrosen.com EXHIBIT A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 20, 2008 JAMES E ZIMMERMAN WID # 083339283713785 001 1785 VALLEY GREEN RD PROCESSING DATE 1/13/2008 DRIVER LICEJSE 4 22048470 ETTERS PA 17319 DRTE OF SIITH 01/20/1968 Dear JAMES D ZIMMERMAN: Your conviction on 11/12/2008 for violating Section 3112A3I of the Vehicle Code, RED LIGHT VI)LATION, on 11/01/2008 mandates a 3 point assessment to ,our driving record. The purpose of the point system is to insure safe driving. PennDOT begins to take corrective action when a driving record reaches 6 or more points. Drivers may lose their driving privilege i they drive We sincerely hope that you will drive carefully and observe all traffic laws, not only for your ow, safety but also for the safety of everyone else sharing t. -e road with you - Sincerely, Janet L. Dolan, )irector Bureau of Driver Licensing INFORMATION (8:00 AM to 6:00 PM) IN STAVE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 REMEMBER--DRIVE SAFE, DRIVE SMART...AND ALWAYS BEAR YOUR SEAT BELT! T001Z SUTdU39PUVZ 9,uUWJaMWTZ SC88ZC6 I"V3 U: Z0 8002/50/ZT COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. No. JAMES D. ZIMMERMAN, Petitioner VERIFICATION I, JAMES D. ZIMMERMAN, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: 4- li ! J MES D. ZIMMERMAN COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. No. JAMES D. ZIMMERMAN, Petitioner CERTIFICATE OF SERVICE AND NOW, this 0 day of _ e al ikp f- , 2008, I, Elisabeth J. Clough, for the Law Firm of Krevsky & Rosen, P.C., hereby certify that a copy of the foregoing Appeal of Three Point Assessment On Driving Record was sent by First-class Certified U.S. Mail, postage prepaid, on the following: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL 1101 SOUTH FRONT STREET HARRISBURG, PA 17104 (( 1 Elisabeth J. Clough Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 eclough(a7krevskyandrosen.com co DEC 17 22,1 3 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. No. ?g ' `r3o?A C tv ti 1 TL'.rM JAMES D. ZIMMERMAN, Petitioner ORDER OF COURT ? AND NOW, this / GG day of , 2008, upon consideration of the within Petition, IT IS HEREBY ORDERED AND DECREED that a hearing on this matter be 4**- t ? held on thQgO? day of F? !!a'"0!' in Court Room No.•3 at/0A#clock-4m., in the County Courthouse. Petitioners points will not be applied and a stay on the matter is hereby issued pending the disposition of the Appeal. B RT: 6w 1 J. 2 D. nbution: rd A. Krevsky, Esq. 1101 N. Front St., Hbg. PA 17102 nn DOT, Office of Chief Counsel, Third Floor, Riverfront Office Center, Harrisburg, PA ily 17104 0 ,r. ;?. :?: ? ?;e es: P •? Y? a- --~ C". 4 ?. 7 " ? -=t ?' ? ?' ? ?F ;._? ? ` ? ? i 4 .1 ? i.. . ?L. i.. 1.. -?:.• ?,.:?' ? Z COMMONWEALTH VS JAMES D. ZIMMERMAN, Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 7320 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of February, 2009, upon motion of the Department and it having been related to the Court that there is no provision to appeal the assessment of points, and it further appearing to the Court that the Petitioner did not appear at the time and place set for the hearing, the appeal is dismissed and action of the Departmen essing the points is affirmed. By t wara E. ? Philip M. Bricknell, Esquire For PennDOT V Sanford A. Krevsky, Esquire For the Petitioner :mlc eo??2.s ma?lt?-?