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HomeMy WebLinkAbout11-7999IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN G DAVIS (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. I?r 7?9? ?l y/? ?/? Driver's License/Auto Registration Appe?7-) cn o • ! w c:: APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION _ r-= c ? AND NOW, this (enter today's date) OCT 20 , 2011 . comes the Appellant, (Type your name) ALAN G DAVIS , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 21993049 2. PennDOT proposes, by Notice dated (insert "mailing" date here) ,20______, to suspend Appellant's driving privileges Flautomobile registration for a period of (Insert length of suspension) 1YEAR pursuant to Section 1543 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) OCT 27 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. F] 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:) NG UNDER SUSPENSION/REVOKE -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). Other (specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sign name her6f -W ALAN G DAVIS (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: ALAN G DAVIS Address: 205 DUNBAR DR City / State / Zip Code: MECHANICSBURG, PA 17050 Telephone Number: 717-385-5166 Email address: ALANDAVIS1969 @ GMAIL.COM 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN G DAVIS No. (Type your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on OCT 20 , 2011 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 171042516 Date: ©eTesft- 2V , 20 / ( Signature A--- Type your Name: ALAN G DAVIS Address: 205 DUNBAR DRIVE City / State / Zip Code: MECHANICSBURG, PA 17050 Telephone: 717-385-5166 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** COMMONWEALTH OF PENNSYLVANIA I DEPARTMENT OF TRANSPORTATION Z Bureau of Driver Licensing Mail Date: SEPTEMBER 22, 2011 ALAN GOODYEAR DAVIS II WID # 112589283837307 001 205 DUNBAR DR PROCESSING DATE 09/15/2011 DRIVER LICENSE # 21993049 MECHANICSBURG PA 17050 DATE OF BIRTH 12/04/1969 Dear MR. DAVIS: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 09/14/2011 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 06/23/2011: Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 10/27/2011 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 10/27/2011. Yuu may surrender these items before, 10/27/2011, 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 $13.50. 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. 112589283837307 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". 112589283837307 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, SEPTEMBER 22, 2011, 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. You must return all current Pennsylvania driver license products to PennDOT by 10/27/2011. Sincerely, ` ?- Z 'r-e &") Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 5:00 PM) Department of Transportation IN STATE Bureau of Driver Licensin 1-800-932-4600 g OUT-OF-STATE 717-412-5300 P.D. Box 68693 TOO IN STATE Harrisburg, PA 17106-8693 1-800-228-0676 TOO OUT-OF-STATE 717-412-5380 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN G DAVIS No //- 771?9elAIzl l cl? (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing 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 2101*1 day of 20_-P, at q :M_&M U- I in Courtroom # Yof the Cumberland County Courthouse, One Courthouse Square, 4th 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 n..5 Riverfront Office Center, 3`d Floor 1101 South Front Street G1 Harrisburg, PA 17104-2516 It shall further be Appellant's responsibility to file a Certificate of Service with thetPrpxhonotary,_'- stating that service was made on the Commonwealth of Pennsylvania. ...... By the Court, Judge Alan?u(s M??,? PA bet i? ?op?? ?? ALAN G. DAVIS, II, IN THE COURT OF Petitioner COMMON PLEAS OF CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 2011-7999 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 20th day of January, 2012, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. 44, CONTINUED and RESCHEDULED for the r day of 2012, at e2.m.0p Courtroom Room No. of the Cumberland GogtyZ Courthouse, Carlisle, Pennsylvania. Nr CD r? BY THE COURT: n r: ? zo Attest: f Alan G. Davis, II, 205 Dunbar Drive, Mechanicsburg, PA 17050 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 etr-(es f . led I rao?ra =-Tj i Tli= -V rn ALAN G. DAVIS, II, IN THE COURT OF Petitioner COMMON PLEAS OF CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 2011-7999 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER AND NOW, this 16th day of April, 2012, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. _+? CONTINUED and RESCHEDULED for the I .S day of 2012, at - 30 a -m., in Courtroom Room No. ( of the Cumberland County Courthouse, Carlisle, Pennsylvania. ?rY rn = -: Fri -T.) BY THE cn r- _ x_ cr) -?- :, - 3 -a Attest: ? Alan G. Davis, II, 205 Dunbar Dr., Mechanicsburg, PA 17050 lip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ALAN G. DAViS, II, IN THE COURT OF Petitioner COMMON PLE S OF CUMBERLAND OUNTY v. COMMONWEALTH OF PENNSYLVANIA, NO. 11-7999 CI~/IL TERM DEPARTMENT OF TRANSPORTATION, '~I BUREAU OF DRIVER LICENSING, APPEAL OF Respondent LICENSE SUSPENSION ORDER AND NOW, this 15th day of August, 2012, the appeal file I in the above- captioned matter is: ~, w r ~ ' W `~ x ~ . ^" v~ ~ ~ ~ ~>- -~ -- -.' - ~ y ~ ~,~ ~:: e_y c:;: Attest: / Alan G. Davis, II, 205 Dunbar Drive, Mechanicsburg, PA 17050 Philip M. Bracknell, Esq., PennDOT, Riverfront Office Center, Office of I 3~d Floor, 1101 South Front Street, Hamsburg, PA 17104-2516 CoP~ ~ j ~-~,~d ~ J~ r~li~ REMAhfDED to the Department of Transpa correction of its records. DISMISSED and the suspension which is tN appeal shall be REINSTATED. SUSTAINED and the suspension which is ~ appeal shall be RESCINDED. WITHDRAWN and the suspension which i appeal shall be REINSTATED. X CONTINUED and RESCHEDULED for the n for basis of this basis of th basis of day October , 2012, at 9:30 a.rr~., in Courtroo Room No. 5 of the Cumberland County''~~ Carlisle, Pennsylvania. BY THE COURT: rthouse, J. Counsel, e~ ALAN G. DAMS, II, IN THE COURT OF Petitioner COMMON PLEAS OF CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, NO. 11~-7999 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL OF Respondent: LICENSE SUSPENSION ORDER AND NOW, this 24~h day of October, 2012, the appeal filed in the above- captioned matter is; _ REMANDED to the Department of Transportation for correction of its records. ~ f ~ _ DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. _ SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. _ WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. _ CONTINUED and RESCHEDULED for the ,~~la roof ~- 20 , at __.m., in Cofong.~ Room No. of the Cumberland County Courte;~~` Carlisle, Pennsylvania. ~~ ~ ~~ .~,~, - 2~a -~; -~ c?a r ~ f ;, ., BY THE COURT: ~'? ~ ~ ~ _ ' ~ 1 ~ G( ~'-~C.- '~• - R ~ ~ ,.j 1 ~~ •~. ~~_• ~ 4 r~ 1a N ~-. :. Attest: ~ Alan G. Davis, II, 205 Dunbar Drive, Mechanicsburg, PA 17050 ~ Philip M. Bracknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 r ~s nom. l~ /O/.~/ ~~~ /~~