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Home My WebLink About12-2489IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Barton W shively No. d?Q=! I..IV (Type your name) Vs. C7 Driver's License/Auto Registration Appe `-° Commonwealth of Pennsylvania 33 Department of Transportation W q Bureau of Drivers Licensing ? CJ APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION D G.? Cris ---4 C : AND NOW, this (enter today's date) april 23, 2012 comes the Appellant, (Typeouriarr Barton W shivery , by his/her attorney, and states as fo llows: 1. Appellant's PA operator's number or automobile registration number is: 21-252-187 2. PennDOT proposes, by Notice dated (insert "mailing" date here) march 18 , 201, to suspend Appellant's driving privileges Plautomobile registration for a period of (Insert length of suspension) 3 months pursuant to Section 1786(d) suspension is to be effective (Insert suspension effective date) 04/22/ of 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) 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:) 024 at lu&?-s -t-A `n IJL el--)t ? ? ( ! G -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) Barton W shively (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: Barton W shively Address: 421 west Keller St. City / State / Zip Code: Mechanicsburg PA 1765,5- Telephone Number: 717-512-5894 Email address: 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Barton W Shively No.??0 / (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 04/23 , 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, 3'd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: April,23 , 2012 Signature: Type your Name: Barton W Shively Address: 421 West Keller St City / State / Zip Code: Mechanicsburg PA 17055 Telephone: 717-512-5894 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT' OF TRANSPORT'AT'ION BIJREAIJ OF MO'T'OR VEHICI.ES PO BOX 68674 HARRISBIJRG, PA 17106-8674 www.dmv.state.pa.us WID## 120719999008075 001 TITLE# 52980346 PROCESSING DATE 120311 TRANSACTION CODE 00060 BARTON W SHIVELY 421 W KELLER ST MECHANICSBURG, PA 17055 OFFICIAI, NOTICE MAII. DA'Z'E: 03/18/12 Dear Customer: 'I'he Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: 'C0Y0'YA YEAR: 1999 BODY I YPE: 'I'RtJCK LICENSE PLA'I'E##: YGJ8564 IT'TLE##: 52980346 VIN##: 4'I'APM62N6XI411242 'T'his information was requested because PROGRESSIVE, SPI3CIAI;I'Y COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 01/27,112. Dither no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 04/22/12 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. 'I'RIS 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'I'ransportation. DO NO'T' SEND CAS] 1. Within 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 00-000 52980346 PAY 'I'I IIS AMOUN'l- -------------------------------------$50.00 ---- BY CHECK OR MONEY ORDER ---- ----------------------- ---- PAYABLE TO PA DI?"P'I' OF 'I'RANSPOR'I'A'I'ION 529803460006050.00 DO NOT SEND CASH BARTON W SHIVELY 421 W KELLER ST MECHANICSBURG, PA 17055 By Order of Director Bureau of Motor Vehicles Department of Transportation lnlormation (8:00 AM to 5:00 PVI) Pennsylvania 800-932-4600 Out of State 717-412-5300 TDD Pennsylvania 800-228-0676 TDD Out of State 717-412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Barton w shively No. ' d - O'f't 9 (Print your name) cJ ? CI Vs. Driver's License/Auto Registration 19pe s Q3?CT i ?"+» rn =M -IV Commonwealth of Pennsylvania :;;o Department of Transportation -1 CD Bureau of Driver Licensing r-' 3> C-) ORDER SCHEDULING HEARING ON APPEAL C-- AND NOW, this AY?A day of 20_1_Z a hearing is s6heduTed - on the appeal of Petitioner for the fs# day of 20 17- at 9: 3v M in Courtroom # I 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, 3rd 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, r Judge •/ 0,9 bjDY D`S Ti?Q?4S?o1 a?`oh QLir?O n ;Sh ,` v fly ,P?;G ¢-'~'=~-~if-1 t~ BARYON W. SHIVELY, ~ { ~~ f'+~~1~'t~Q'~~` ~ ~ "~ ~~~ ~~~~ AUG ~ 6 IN THE COURT OF Petitioner p~ ~; ~~ COMMON PLEAS OF ~UM~E~I~LANC~ 00€!~T ~ CUMBERLAND COUNTY v. p~~#f5 YtVgNiA COMMONWEALTH OF PENNSYLVANIA, NO. 12-2489 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL OF Respondent LICENSE SUSPENSION ORDER AND NOW, this 15th day of August, 2012, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transpartation for correction of its records. DISMISSED and the s uspension 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 thi appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of 2012, at - m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Attest: ~ Barton W. Shively, 421 West Keller Street, Mechanicsburg, PA 17055 +~ Philip M. Bricknell, Esq., PennDOT, RiverFront Office Center, Office of Chief Counsel, 3~d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 } ~~