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Home My WebLink About12-1039 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANtAX s z rn . r-n t Shannon Marie Trout No. ?? - ?a39 o, t,r?- of (Type your name) ? Driver's License/Auto Registration Appm V e s. Commonwealth of Pennsylvania CD Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) February 17 , 2012 , comes the Appellant, (Type your name) Shannon Marie Trout , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 26493433 2. PennDOT proposes, by Notice dated (insert "mailing" date here) February 1 2012 to suspend Appellant's driving privileges Flautomobile registration for a period of (Insert length of suspension) 3 months pursuant to Section 15328 suspension is to be effective (Insert suspension effective date) March 1 the Vehicle Code, which 2012 ****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. R 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:) I was unaware that the payment for the registration did not go through. At the time of notice, I am not certain I was getting all of my personal mail because of seperation between my husband and myself. My son has been a patient at Hershey Medical Center on and off since September of 2011. My son is only 7 months old and has numerous medical issues that need attention. I will need to have my license to make sure that he gets to his proper appointments with his doctors, and to make sure that he gets the care he needs. 546 3. SO pc,_ P.-1 P'--a 7!2 L? I also need to keep my license because I have a full-time job and driving is my primary way to get there. I need to be able to get to and from work at the appropriate times that I am scheduled. -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 here) Shannon Marie Trout (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: 4 -? Shannon Marie Trout Address: 101 N. Arch St. City / State / Zip Code: Mechanicsburg, Pa 17055 Telephone Number: (717)319-0358 Email address: 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JANUARY 26, 2012 SHANNON MARIE TROUT WID # 120199283331243 001 330 FULTON ST PROCESSING DATE 01/19/2012 DRIVER LICENSE # 26493433 ENOLA PA 17025 DATE OF BIRTH 11/30/1982 Dear MS. TROUT: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code. As a result of your 01/18/2012 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 01/07/2012: ¦ Your driving privilege is SUSPENDED for a period of 3 MONTH(S) effective 03/01/2012 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 03/01/2012. Yo« may surrender these items before, 03/01/2012, 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. 120199283331243 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 t:o 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". 120199283331243 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, JANUARY 26, 2012, 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 03/01/2012. Sincerely, 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 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shannon Marie Trout (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE The undersigned hereby certifies that on February 17 1 2012 , 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, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: february 17 , 2012 _7s Signature: C-l LCw, Type your Name: Shannon Marie Trout Address: 101 N. Arch St. City / State / Zip Code: Mechanicsburg, Pa 17055 Telephone: (717)319-0358 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** )L---, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Shannon Marie Trout (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. /Z - /D 39 (. [yi Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this A q day of 20/4---, a hearing is scheduled on the appeal of Petitioner for the Dt `bA day of 201-?- at 00 'A M in Courtroom # `- 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, Judge C:? C,. X co n d l? 'r ????T f r 2 ?> yrt'k Yd l1 ? f ? PA er? ? rims. ; ??; es ?? ?c?d ;?/; 7fi? ? co 74 . SHANNON MARIE TROUT, Appellant V COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2012-1039 CIVIL TERM LICENSE SUSPENSION APPEAL IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 22nd day of June, 2012, after hearing in the above-captioned matter, the appeal of the suspension is denied. The Commonwealth's suspension is reinstated. '/Shannon M. Trout, Appellant 101 N. Arch St. Mechanicsburg, Pa. 17055 Philip M. Bricknell, Esquire For Appellee : mt f COP; t'S IKA . le d 71AI j I- AVL By the Court, 1%k '-? ?_4 M. L. Ebert, Jr., C: -a 3 mw z 6, --+ = «y t ' z r ; T1 N r-- ;r -i -; rv