Loading...
HomeMy WebLinkAbout11-8676Iii THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA `Q ' w No. C V I ype your name) Vs Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing C • "ZI ? Driver's License/Auto Registration AppeaTrri r- AD ?s 3> ? APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION --f O INC -_j -v 77 S T} rT)r- o ? CD -tr n AND NOW, th//is enter today s date) " V -,20 comes the Appellant, (Type your name) or-c', k-_, by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) Z y , 20 l to suspend Appellant's 4driving privileges Flautomobile registration for a period of (Insert length of suspension) 'fi pursuant to Section ? / 2 -P of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) 9 121 20 ****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) F] The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a chemical test. 1-1 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:) b-0 at,t s4a c o Ll, of _-, ucj 7 -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. 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: Address: City/ State / Zip Code: Telephone Number: Email address: Lq '?CJ FA,-Toe 0 q-2 L- L C L 1?013 _7 1 7 60a// O ( ype name here) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?CW Cj 7 No. ( (ype 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 ,20 , 1 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 17104-2516 Date: IVJl, / ? )4? , 20 Signature: _ Type your Name: Address: ??7`t I'P?Tb L S j ; City / State / Zip Code: L'1 S a IR 170 Telephone: - l 7 3 UL( ( L K ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** 4.+ - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: OCTOBER 24, 2011 DREW ROBERT KLAWITTER WID # 112906032807155 001 434 FACTORY ST PROCESSING DATE 10/17/2011 DRIVER LICENSE * 2831+858 CARLISLE PA 17013 DATE OF BIRTH 09/15/1988 LICENSE IN BUREAU Dear MR. KLAWITTER: This is an Official. Notice of the Revocation of Your Driving Privilege as authorized by Section 1542D of the Pennsylvania Vehicle Code. As a result of your 0'8_,,?1812011 conviction of violating Section 3802AI of the Vehicle Code, DUI GENERAL IMPAIRMENT, on 01/08/2011: You have been designated as a habitual offender because this is your third major violation within a five year period. e Your driving privilege is REVOKED for a period of S YEAR(S) effective 09/21/2012 at 12:01 a.m. This revocation is in addition to any other suspensions al- r°eady on your record. IGNITION INTERLOCK Before your driving privilege can be restored you are re- quired by law to have all vehicle(s) owned by you to be equipped with an Ignition Interlock System. This is a result of your, conviction for Driving Under the Influence. You will receive more information regarding this requirement approx- imately 30 days before your eligibility date. 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 in- surance 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 PenoDOT 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. 112406032807155 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 24, 2011, of this letter. If you file an ap- peal 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 certi- fied coov of the appeal. by certified mail to: Pennsvlvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center ? j Narrisburq, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF REVOCATION. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to S:00 p.m. IN STATE 1-800-432-4600 TDD IN STATE 1-800-228-0676 OUT•OF - STATE 717-412-5300 TIM OUT-OF-STATE 717-412°•5380 WEB S1 TF ADDR+FSS www.dmv._state.pa.us P Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IDR e w J?fi?,TTB-L (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. ' l- ?(Al ? Lut;"i Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this g2lA-it7_day of 20/1 , a hearing is scheduled on the appeal of Petitioner for the 7 day of 20/o;t, at -9,: 34 f M in Courtroom # Y of 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 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, dqdgT- oitie?' Kla ? CI7 s ? M'Tl ,i . P6 Pur n n r ?C) -o Q = C:) ? .._, . DREW R. KLAWITTER, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2011-8676 CIVIL TERM ORDER AND NOW, this 9t?' day of February, 2012, the appeal filed in the above- captioned matter is: Attest: 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 day of , 2012, at _.m., in Courtroom Room No. of the Cumberland CoLgty r Courthouse, Carlisle, Pennsylvania. =? r*t co Ti BY THE COURT: -<y. ? Drew R. Klawitter, 434 Factory St., Carlisle, PA 17013 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ?!l L