The URL can be used to link to this page

Home My WebLink About09-7652LOIS MARIE ALSTON, Appellant V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: (U9- -24,Sa Cu?J -7;.,. APPEAL OF OPERATER'S LICENSE SUSPENSION APPEAL OF OPERATER'S LICENSE SUSPENSION AND NOW, comes the Appellant, Lois M. Alston, by and through self representation, respectfully avers the following: 1. Appellant resides at 2 Ickes Lane, Newville, Cumberland County, Pennsylvania 17241. 2. The Appellant received a Notice dated October 6, 2009, that as a result of her alleged violation of Vehicle Code Section 1371, Drive While Reg. Susp/Revo on August 15, 2009, her driving privilege were being suspended for a period of (3) three months, effective suspension date November 10, 2009 at 12:01a.m. A true and correct copy of the Notice is attached as Exhibit "A". 3. The Appellant submits proper steps were taken to request a hearing. 4. The Appellant is in receipt of of Notice date November 3, 2008 stating that the vehicle was in Compliance with the Motor Vehicle Financial Responsibility Law. A true and correct copy of the Notice is attached as Exhibit "B". 5. The Appellant did not reside at the home located at 2 Ickes Lane in Newville, Cumberland County, PA., from mid April to the end of June. Appellant is not registered owner of the vehicle and had no knowledge of, or responsibility for registration suspension. 6. The Appellant submits she did not intelligently and voluntarily make an admission of Guilt and in Her belief, responded properly and within the time limit to receive a hearing on this mater. WHEREFORE, your Appellant respectfully requests your Honorable Court to schedule an evidentiary hearing on the Matter. Date: O? Resp fully S tted, is NariAls o Lane, Newville, Pennsylvania, 17241 (717) 776-3458 Cell (305) 731-3993 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 06, 2009 LOIS MARIE ALSTON WID * 092729283877341 001 2 ICKES LN PROCESSING DATE 09/29/2009 DRIVER LICENSE t 27926208 NEWVILLE PA 17241 DATE OF BIRTH 10/31/1965 Dear MS. ALSTON: This is an Official Notice of the Suspe sion Wof your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 09/28/2009 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 08/15/2009: ¦ Your driving privilege is SUSPENDED for a period of 3 MONTH(S) effective 11/10/2009 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, PAYING 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 driver's licenses (camera cards) in your-possession on or before 11/10/2009. You may surrender these items before, 11/10/2009, for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $12.00. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage 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. 092729283877341 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. 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 license(s), 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 products, we must refer this matter to the Pennsylvania State Police for prosecution 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 suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. 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. 3. Follow the payment and mailing instructions on the back of the application. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 092729283877341 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, 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. IMPORTANT: 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, OCTOBER 06, 2009, of this letter. If 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 certified copy of the appeal by certifl-wd 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 11/10/2009. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 6:00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.D. Box 68693 TOO IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 ? `ion ?? 3a - ??aa> EXHIBIT "B" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WID# 083089959000042 001 TITLE# 66269731 PROCESSING DATE 081103 TRANSACTION CODE 48100 SCOTT E ALSTON 2 ICKES LN NEWVILLE, PA 17241 Dear Customer: November 03, 2008 The Department of Transportation has received proof of financial responsibility covering the operation of the following vehicle: MAKE: PONTIAC YEAR: 2002 BODY TYPE: SEDAN LICENSE PLATE NO: HBE6289 TITLE: 66269731 VIN: 1G2JB524427293878 Our records have been updated to indicate that you are in compliance with the Motor Vehicle Financial Responsibility Law at this time. Sincerely, Service Representative Team Bureau of Motor Vehicles Pennsylvania 800-932-4600 Out of State 717-412-5300 TDD Pennsylvania 800-228-0676 TDD Out of State 717-412-5380 Information (8:00 AM to 6:00 PM) LOIS MARIE ALSTON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL OF OPERATER'S LICENSE Appellee SUSPENSION CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Appeal of Operator's License Suspension upon opposing counsel by depositing a copy of the same in the United States Mail, Newville, Pennsylvania, through First Class Mail, certified, return receipt requested, postage paid and addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 3Resfully S qbmitte s M. Alston, Appellant 2 Ickes Lane Newville, PA 17241 (717) 776-3458 Cell (305) 731-3993 Date:. l Apy OF THE 200 HOY -5 FBI 5 a (?t ?L.lYM1 ? UI TY '7?_ sue' tea/ , 33 of NOV o9zoo9y? LOIS MARIE ALSTON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 09 7 ?s COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL OF OPERATER'S LICENSE Appellee SUSPENSION ORDER OF COURT AND NOW, this / 0 4 _ day of r 2009, upon consideration of the within APPEAL OF OPERATOR'S LICENSE SUSPENSION, it is hereby ordered that a hearing shall be held regarding this matter on the O?? day off , 2889, at 9 % -30 am/im in Courtroom No. / of the Cumberland County Courthouse, Carlisle, Pennsylvania. A supersedeas is granted pursuant to Vehicle Code Section 1550(b)(1) until such time as this Honorable Court resolves this appeal. BY THE COURT: '1?16? Distribution: ? - rA Department of Transportation,, Office of Chief Counsel, -gird Floor, Riverfront Office Center, Harrisburg, PA 17104-2516 "<-Lois M. Alston, 2 Ickes Lane, Newville, PA 17241 ?tE$ /7l`d61?. yJ? FILED-OFFICE F ? PROTHONOTARY 2009 NOV 19 AM 10: 2 3 CUM w < U NTY P541''vS'YLVA IA. LOIS MARIE ALSTON, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2009-7652 CIVIL TERM COMMONWEALTH OF PA. DEPT. OF TRANSPORTATION, . BUREAU OF DRIVER APPEAL OF OPERATOR'S LICENSE LICENSING, SUSPENSION Appellee IN RE: APPEAL SUSTAINED ORDER OF COURT AND NOW, this 23rd day of February, 2010, the appeal of Lois Marie Alston from the suspension of her driver's license is sustained, and the notice from the Pennsylvania Department of Transportation suspending her driver's license is vacated. By the Court, Kevin Hess, P.J. / 1 Philip Bricknell, Esquire For Commonwealth /Ms. Lois Marie Alston 2 Ickes Lane Newville, PA 17241 Pro se Appellant :bg 1... t ~~S rn.~ l ~` ~f~.sfrv ~~ t"s ~ c_- _..... ~. ~' ^ ` -~ _ ~ ~ ; r~ ; ~-;_ -~-; w ~ ~,__-: 1.~.s ~~ -s ~-t _ ~_{ r _ ~.~ _ _ - - ..,~ ~_ . o _ :~ c~~ ~> -~