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Home My WebLink About12-2575IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Richard L Kauffman No. a, as-? S 01-vt (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Driver's Ucense/Auto Registration Appeal c c -4= ratty w m. --t z -n x ;v :70 cn D r2 <a ? d =C) ? D? ca ?m APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) April" 2012 , comes the Appellant, (Type your name) Richard L Kauffman , by his/her attorney, and states as folla„ 1. Appellant's PA operator's number or automobile registration number is: 27058962 2. PennDOT proposes, by Notice dated (insert "mailing" date here) April 4th , 2012 to suspend Appellant's driving privileges ? automobile registration for a period of (Insert length of suspension) 3 months pursuant to Section 1371 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) May 9th 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) 10 Other (Specify reason:) 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). UUa.?, owri2r 042 ue?o C Ola 15now'?n? y ck? ve(,ac.Ge Lj?L (14.j ki6n Ra-ck. r?.cc?e plea a+?r?ee?en?- w??.. O -lo Ib?- 1 IL 103.7-50 of ly- 406 VaYs* V Wyag 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. Respectfully submitted, /Ogn name he Richard L Kauffman (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 Address: City / State / Zip Code: Telephone Number: Email address: s' Richard L K man s-0 S u ?' kde_ A ?«- ,??s Cad (? TeCIAVor- 2 COMMONWEALTH OF PENNSYLVANIA ,. DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 04, 2012 RICHARD L KAUFFMAN WID * 120889283211156 001 508 S PITT ST PROCESSING DATE 03/28/2012 DRIVER LICENSE # 27058962 CARLISLE PA 17013 DATE OF BIRTH 08/07/1984 This is an Official Notice of the Suspension of yDriving Privilege as authorized by Section 1532B of the Pefrnsylvania Vehicle Code. As a result of your 03/27/2012 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG.SUSP/REVO on 0211512012: ¦ Your driving privilege is SUSPENDED for a period of 3 MONTH(S) effective 05/09/2012 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 pr?L? PROOF OF INSURANCE. You should follow ALL instructions very fol carefully. Even if you have served all the time on the 1,,- suspension/revocation, we cannot restore your driving'pr3v- .? of Xl, ilege until all the requirements are satisfied. \ cts p 3 .? CO COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera Cards) x ` tglhs before, 05/09/2012, for earlier ?. credit; howl you may not drive after these it"s are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo r'n identification card at any Driver License Center for a cost X03' of $13.50 You must present two (2) forms of proper iden- tificatioh (e.g., birth ce+tficate, valid U.S. passport, marriage certificate, etc.)' in order to obtain your photo M? identification card. You will not receive t toward serving any suspension until we receive your:.- erase(s). Complete Ohe following steps to acknowledge,i4ls suspension. ? CIO 2 120889283211156 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 nota- rized letter stating you are aware of the suspension of your driving privilege. You must specify in)our 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 con- firming the date that credit began. If you do not re- ceive 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 pro- ducts, 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". 120889283211156 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 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 -V You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of thit" mail date, APRIL 04, 2012, of this letter. If yA)u fide at) 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 05/09/2012. Sincerely, 9?-u ?-' Z ef an) Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 5:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1?' sCIIC,Ct? L- (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 , 20 , 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: Signature: Type your Name: Address: City / State / Zip Code: Telephone: F-17- 97-,;?;-- n ,20 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ''(1-1 C?LC--,J-J G IBC tA-`F - No. P S75 et 1 (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER q?SCHEDULING HEARING ON APPEAL AND NOW, this -27 f C day of O!'l lY? 20/Z- a hearing is scheduled on the appeal of Petitioner for the i ,54*day of r o0b 2017- at Y:30 .4 M in Courtroom # 1 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`a 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 Cart, ` C-3 J u!Ne C. zM x} cn ?` w C Ys G? -.-a n -< G3 ??? Cry/ rti? ?? u tt`+p?wt?k/?rt69 cop" C6 kKC , 'I ed g4 p0 a r~ rr•, n ?} -rt ALL. ~ ~. ~ I.~ - ~ t- t= l ~: ~. ii~E t ~~0~Th10t~~'~rv. , RICHARD L. KAUFFMAN, ~~~2 ~~~ ! 6 PM ~~ ~ N THE COURT OF Petitioner €~UMBE~i.pNt7:C4tll~ f(~OMMON PLEAS OF pEt~lSYLVANIA CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, NO. 12-2575 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL OF Respondent LICENSE SUSPENSION ORDER AND NOW, this 15~' day of August, 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 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: ~ Richard L. Kauffman, 508 South Pitt Street, Carlisle, PA 17013 ~ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3~ Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ~p~Ps ,ua,, /~e4 ~~i~~~a ~'~