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HomeMy WebLinkAbout01-6873rr~ I-?"- Appellant VS. Commonwealth of Pennsylvania Department of Transportation Appellee :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : ," : : PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE / DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRA liON 1. Appellant herein is ~/o 5- ~, .~ ~ residing at and having a mailing address of: I° 2. Appellee herein is the Department of Transportation of the Commonwealth of Pennsylvania, having a mai,ing address of: Department 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 I) //'~ / O I ,a copy of which is attached hereto as Exhibit A, the Dei~artment of Transportation V ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of [ ~/~,~ / denied the issuance / renewal of a driver's license. / 4. Supersedeas: _/~ Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i), Appellant is retaining driver's license until final determination of the suspension of operating privilege.  Pursuant 75 Pa.C.S.A. § 1550(b)(1)(ii), attended the to a hearing by Appeiiant 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), is retaining motor vehicle Appellant regis.ration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / registration is improper or unlawful for the following reasons: Appellant respectfully requests that this matter be set down for a hearing and that the order of suspension / order of denial be set aside. Respectfully submitted by, ~' - ' Appellant -2- I verify that the statements made in this Petition are true and correct. I unde'stand that false statements herein are made subject to the penalties of 18 Pa.C S.A. § 4904, relating to unsworn falsification to authorities. Date Appellant -3- APPELLANT V COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING I)EC 1 ! 200! 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O /~ (o ~ ORDER OF COURT AND NOW, this//-Ofday of~, 20c~, b~scd upon pp¢llant s Appeal, a hcanng A ' ' shall be held on o'/~day of~, 200,2, in Courtroom ~' at ~,'oa(Jo'clockq~_.m. at the Cumberland County Courthouse. JOSHUA ARMOLT, Appellant VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 01-6873 CIVIL : CIVIL ACTION - LAW COMMONWEALTH OF PA., : DEPT. OF TRANSPORTATION, : BUREAU OF DRIVER : LICENSING, : Appellee : LICENSE SUSPENSION APPEAL IN RE: APPEAL FROM SUSPENSION OF OPERATING PRIVILEGES ORDER AND NOW, this ~ ' day of March, 2002, the court finding that the Commonwealth of Pennsylvania, Department of Transportation having met its burden of proof with evidence that, despite reasonable and sufficient opportunity, the licensee failed to supply an adequate second breath sample, the within appeal from suspension of driver's license is DENIED and the Department is authorized to reinstate its suspension. See Todd v. Com. De t. of Transp., Bureau of Driver Licensing, 723 A.2d 655 (Pa. 1999). BY THE COURT, l~Shua Armolt, Pro Se 48 Chester Street Carlisle, PA 17013 ~r~rge Kabusk, Esquire For PennDOT