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HomeMy WebLinkAbout10-0470:IN THE COURT OF COMMON PLEAS OF Ijgw??L Tah th5raVY% :CUMBERLAND COUNTY, PENNSYLVANIA Appellant vs. File No. x/7(l &,jj L_Rrnt • ? N Commonwealth of Pennsylvania -l r. Department of Transportation' Appellee;' N T a PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVIEtGEn! DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION 1. Appellant herein is boi 1e.--L- Tdk? I n9 r residing at and having a rnziling address of: J J'9 VW+r2-10n 41-'c e+p I» I-c PA- 1-1013 2. Appellee herein i3 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 1-1 121 jaq hereto as Exhibit A, the Department of Transportation , a copy of which is attached ? ordered Appellant to surrender his / her operating license / motor vehicle registration for a period of 6) 6 &,,, ye A-rr A's OP 1 + / (d / 2 ocq denied the issuance / renewal of a driver's license. zk;qe- up» Az.ea3?v3y 4. Supersedeas: Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(i , Appellant is retaining driver's licen,,;e until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. § 1550(b)(1)(ii), a hearing attended by the Appe lant must be held before the Court of Common Pleas before an order of super sedeas can be issued. Pursuant to 75 Pa.C.S.A. § 1377(a), Appellant is retaining motor vehicle regis.ration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating privileges / regis-i.ration is imprr;,per or unlawful for the following reasons: S« ?? a n '3 $ ?' 2 J; 1 D ?t l (?-R yit V cq 1 yin pG i*r rwe n ?- a h 2 j Z T 70og Appellant respectfully requests that this matter be set down for a hearing and that the c: der of suspension / order of denial be set aside. Respectfully submitted by, X It4 / Gtr Appellant -2- I verify that the statements made in this Petition are true and correct. I undestand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date l 2 I I y? L` Appellant -3- CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing PETITION FOR APPEAL FROM LICENSE SUSPENSION by U.S. Mail, certified, return receipt requested, a true and exact copy addressed to the following: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 Respectfully submitted, Date: ,-7 / -7 Z Ll 5-, ct 6 -2- - Z-COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: DECEMBER 21, 2009 DANIEL J INGRAM WID # 093486746266990 001 119 MARION AVENUE PROCESSING DATE 12/14/2009 DRIVER LICENSE * 23816724 CARLISLE PA 17013 DATE OF BIRTH 01/08/1971 LICENSE IN BUREAU Dear MR. INGRAM: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 3804E2I of the Pennsylvania Vehicle Code. As a result of your 09/17/2009 conviction of violating Section 3802A1 of the Vehicle Code DUI GENERAL IMPAIRMENT on 02/28/2009: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(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 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. PAYING THE RESTORATION FEE You must pay a rest-oration fee to RennD?T to be restore' - 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, 093486746266990 please follow the instructions listed under "Complying with this Suspension/Revocation". r 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, DECEMBER 21, 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 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. Sincerely, 9?ja?. Z g vor) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380