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Home My WebLink About10-1351CUMBERLAND COUNTY COURT OF COMMON PLEAS COMM OF PA, WID#100219283485939 001 V ?a. /?- J3 sl MATTHEW WILSON, Defendant n p `v7 I 7 APPEAL OF NOTICE OF SUSPENSION OF DRIVING PRIVILE r "?'' Matthew Wilson hereby appeals to the Cumberland County Court of Cciiaon == ' =r Pleas the Notice of Drivers Suspension by the Pennsylvania Department of _ rn Transportation dated January 28, 2010. A copy of the Notice of Suspension is h4ebyr attached to this Appeal Notice. It is understood that a time-stamped copy of this appeal is to be sent by certified mail to the following address: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 submitted, Oeri D. Coover, Esquire Attorney ID93285 44 S. Hanover Street Carlisle, PA 17013 Ix ff- y1 z /Ltyt 3 1 ?GG COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 JANUARY 28, 2010 MATTHEW RYAN WILSON 1077 SHERMANS VALLEY RD NEW BLOOMFIELD PA 17068 Dear Motorist: WID # 100219283485939 001 PROCESSING DATE 0112112010 DRIVER LICENSE # 25996.41 DATE OF BIRTH 02/20/1182 Your driving privilege is scheduled to be suspended on 03/04/2010, because you failed to produce proof of financial responsibility on 12/14/2009, the date of your traffic offense. 1. Your driving privilege will be suspended for three months effective 03/04/2010 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. Please see the enclosed application for restoration fee information. 2. You will be required to return any current driver's license or learner's permit and/or temporary drivers license (camera card) in your possession. 3. You will be required to provide the Department with proof that all 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: 03/04/2010 12:01 A.M. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or 100219283485939 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 privilege. Failure to comply.with this notice shall rest in this Bureau referring this matter to the Pennsylvania . State Police for prosecution under SECTION 1571(a)(4) of the Vehicle 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 ACKNOWLEDGEMENT, 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, JANUARY 28, 2010, 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 Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing 100219283485939 SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 1710-6-8693 INFORMATION (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE - 1-800-228-0676 TOO OUT-OF-STATE 717-412-5380 COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA Appellee V. CIVIL ACTION - LAW MATTHEW WILSON, : Appellant : NO. 10-1351 CIVIL TERM ORDER OF COURT AND NOW, this 26`" day of February, 2010, upon consideration of the Appeal of Notice of Suspension of Driving Privilege, a hearing is scheduled for Wednesday, April 14, 2010, at 2:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. APPELLANT IS ORDERED to file and serve upon Appellee a supplement to the petition indicating in what respect the suspension is unlawful. This supplement must be filed within 20 days of the date of this order. If such a supplement is not timely filed, the appeal will be deemed automatically dismissed. ./ Philip Bricknell, Esq. Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 ?ri D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Appellant :CC 3?io BY THE COURT, Vvesley Ole 9r.,J. C- .3 COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA, CUMBERLAND COUNTY Appellee PENNSYLVANIA r CIVIL ACTION - LAW c MATTHEW WILSON, NO. 10-1351 CIVIL TERM Appellant - -< SUPPLEMENT TO APPEAL OF NOTICE OF DRIVING PRIVILEGE co < SUSPENSION AND NOW, comes Appellant Matthew Wilson, by and through his counsel, Sheri D. Coover, Esquire and files the following SUPPLEMENT TO APPEAL OF NOTICE OF DRIVING PRIVILEGE SUSPENSION and in support thereof avers as follows: 1. On or around January 28, 2010, Appellant received an Official Notice of Driving Privilege from the Commonwealth of Pennsylvania, Department of Transportation. 2. On February 24, 2010, Appellant filed a timely appeal to the Cumberland County Court of Common Pleas. 3. On or around February 26, 2010, this Court scheduled a hearing on the appeal, but directed Appellant to file and serve upon Appellee a supplement to the petition which contains in what respect the suspension was unlawful. 4. Appellant maintains that the suspension is unlawful as the suspension is based upon the fact that the Appellant did not have insurance on a vehicle that was in a traffic offense on December 14, 2009. 5. Appellant maintains that he was not driving the vehicle at the time of the traffic offense. 6. The vehicle had been wrongfully taken from the Appellant's possession several months prior to the suspension and had not been returned to the Appellant despite his numerous attempts to have the vehicle returned to him. 7. Appellant was under the belief at the time of the traffic offense that the vehicle was not being driven without insurance. WHEREFORE, Appellant represents that the immediately suspension of his license is unwarranted and requests that the suspension of his license be dismissed. Y SUBMITTED, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS OF Appelle CUMBERLAND COUNTY, PENNSYLVANIA i ~ v CIVIL ACTION - LAW MATTHEW 'WILSON, ~'~ Appellant NO. 10-1351 CIVIL TERM IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 7th day of July, 2010, upon consideration of the Appeal of Notice of Suspension of Driving Privilege filed in the above-captioned matter, and pursuant to an agreement reached in open court, in which Philip Bricknell, Esquire,: represented the Commonwealth of Pennsylvania, and Sheri D, Coover, Esquire, represented the Motorist/Appellant, the hearing'in this case is continued until Thursday, September 16, 2010, at 9:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Philip ~ricknell, Esquire Office cif Chief Counsel Pa. Department of Transportation 3rd Flog, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For Appellee heri D Coover, Esquire 44 S. H nover Street Carlisl PA 17013 For App llant :mae i ?'~ ~!D ~? ~ ~~ ~ a -„ ~,. _ ~ _._ ~-~; ~-;, .. r ~ -~ ~ - _ ~, , ~, c. ; -`c By the Court, COMMONWEALTH IN THE COURT OF COMMON PLEAS OF OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA Appellee v CIVIL ACTION - LAW MATTHEW WILSON, Appellant NO. 10-1351 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 16th day of September, 2010, upon consideration of the Appeal of Notice of Suspension of Driving Privilege filed in the above-captioned matter, and following a hearing, the record is declared closed and the matter is taken under advisement. Philip Bracknell, Esquire Office of Chief Counsel Pa. Department of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For Appellee Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 For Appellant mae r `Z rn Ln -G ? =o V) Gn (7) 1A -ca a O C-) By the Court, COMMONWEALTH OF PENNSYLVANIA, Appellee v. MATTHEW WILSON, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-1351 CIVIL TERM IN RE: APPEAL OF NOTICE OF SUSPENSION OF DRIVING PRIVILEGE BEFORE OLER, J. ORDER OF COURT AND NOW, this 16~' day of September, 2010, upon consideration of Appellant's Appeal of Notice of Suspension of Driving Privilege, and following a hearing held on September 16, 2010, the appeal is sustained and the suspension of Appellant's driving privilege noticed by mailing dated January 28, 2010, is reversed. BY THE COURT, Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2830 Attorney for the Commonwealth heri D. Coover, Esq. 44 S .Hanover Street Carlisle, PA 17013 Attorney for Appellant Co( ~ F.s rn~ l 4 f a.r~ rv ~~ _ f .,, r ~ J. V~esley Oler, Jx. 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