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Home My WebLink About11-7678IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Austin Nikolai Cormany Atkins (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. -U :x nrl W Driver's License/Auto Registration Appeal x M CD Cn Q n rm 7;U m --? c? M -TJ APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION r. i r? AND NOW, this (enter today's date) October 4th 2011 , comes the Appellant, (Type your name) Austin Nikolai Cormany Atkins , by his/her attorney, Not represented and states as follows: 1. Appellant's PA operator's number or automobile registration number is: DRB 9613 2. PennDOT proposes, by Notice dated (insert "mailing" date here) September 7th , 2011 -,to suspend Appellant's driving privileges ? automobile registration for a period of (Insert length of suspension) - I M" ?n5 pursuant to Section 2?(p M of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) October 14th 1 2011 ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. Appellant did not knowingly or intelligently refuse a chemical test; The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other (Specify reason:) 1 -OR- The suspension of Appellant's automobile registration is contrary to law in that: My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). 7 Other (specify reason:) In July, 2010 1 received a car from my grandparents as a gift. Upon receiving the car, my mother believed that my grandparents were paying the car insurance. Mistakenly, my grandparents believed my mother was paying the insurance. This misconception resulted in my driving without car insurance during July, 2011 during the time of my accident. In no way did my mother, myself, or my grandparents knowingly drive without car insurance and in no way did we consciously break the law. My situation is a colossal mistake that has brought forth dire consequences for my family and I. WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sign name here) Austin Nikolai Cormany Atkins (Type name here) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signature: Type Name: ill Ar I A IdA Austin Nikolai Cormany Atkins Address: 119 Charlotte Way City / State / Zip Code: Enola, Pennsylvania, 17025 Telephone Number: 717-623-0230 Email address: austinl9cormany (a Yahoo.com 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID# 112459990000335 001 TITLE# 61932906 PROCESSING DATE 110902 TRANSACTION CODE 50100 AUSTIN NIKOLAI ATKINS CORMANY 119 CHARLOTTE WAY ENOLA, PA 17025 OFFICIAL NOTICE MAIL DATE. 09/09/11 Dear Customer: The Department was recently notified that a traffic offense occurred on 07/12/11 involving the following vehicle: MAKE: FORD YEAR: 2005 BODY TYPE: SEDAN LICENSE PLATE: DRB9613 TITLE: 61932906 VIN#: IFAFP34NOSW111512 At the time the offense occurred, you were unable to provide proof of financial responsibility (insurance). As a result, the registration for the vehicle listed above will be suspended for three months effective 10/14/11 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credit toward serving this suspension will not begin until the Department receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of Transportation. DO NOT SEND CASH. Nk"ithin 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self-addressed envelope for your use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. When the Department receives your registration products, we will send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing your registration plate, sticker and card to the Department you do not receive a letter stating your registration products were received, please contact us immediately. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty(30) days of the mail date 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 the appeal to be valid, you must send this time stamped certified copy of the appeal by certified mail to: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 40h,?n hc, & (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. 1I-Ar7K C;W Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this day of? 20?, a hearing is scheduled on the appeal of Petitioner for the _day of 20TL at h : OD A m in Courtroom # °Lof the Cumberland County Courthouse, One Courthouse Square, 4`h Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3'd Floor 1101 South Front Street Harrisburg, PA 17104-2516 it shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Court, Judge y -. r• rT3 C r-- _ ; T t C= , m46t° y -? °3-? I I C!r;' pt'es n- .1 ct Z- Pk- t