The URL can be used to link to this page

Home My WebLink About12-2774IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ll M Dana a ory No. (Type your name) Vs. Driver's License/Auto Registration Appea ? r t"r j c u ' r- v f M -0 Commonwealth of Pennsylvania rx'. -•c ,r Department of Transportation -< z ac; 0 Bureau of Drivers Licensing r - c ? c -TI APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENS109:( rv ?. AND NOW, this (enter today's date) May 4 , 2012 , comes the Appellant, (TOe ybi r n8 e) Dana Mallory ,, by his/he r attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 27452487 2. PennDOT proposes, by Notice dated (insert "mailing" date here) ADO 6 , 2012 . to suspend Appellant's Fv1driving privileges n automobile registration for a period of (Insert length of suspension) 1 year pursuant to Section 1543 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) May 11 , 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. 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). Id l Other (Specify reason:) Appellant had satisfied all the requirements of a prior temporary suspension resulting from an old unpaid traffic ticket out of state. PennDot claims the $25 restoration fee was not included in the documents they received to satisfy the suspension. Appellant immediately paid the fee online and her license was restored the same day. Her License should not have been suspended at the time she was cited for an expired license plate on her ALL 11rN ")1 C, -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, Si ame here) Dana Mallory (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. Type Name City / State / Zip Code: Mechanicsburg, PA 17055 Telephone Number: 717-610-4458 Email address: @ 2 Address: 221 South Market Street COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: APRIL 06, 2012 DANA M MALLORY WID # 120909283250644 001 221 SOUTH MARKET ST PROCESSING DATE 03/30/2012 DRIVER LICENSE * 27452487 MECHANICSBURG PA 17055 DATE OF BIRTH 04/09/1969 Hear MS. MAL-LOR-Y-: 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 03/29/2012 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 12/21/2011: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 05/11/2012 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 possgssion.on__gr before 05/11/2012. You may surrender these items before, 05/11/2012, 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. 120909283250644 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: - - - P-enTrsylvania-Udpar-amen-t 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_f-o-Ilowi_ng 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". 120909283250644 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, APRIL 06, 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 05/11/2012. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensing SEND FEE/L.ICENSE/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 Dana Mallory (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. o - 0(V < Driver's License/Auto Registration Appeal CERTIFICATE OF SERVICE The undersigned hereby certifies that on May 4 2012 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: May 4 , 2012 Address: 221 South Market Street Telephone: 717-610-4458 ** This form must be completely filled out and filed in the Prothonotary's office Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Signature. Type your Name: Dana Mallory City / State / Zip Code: Mechanicsburg, PA 17055 promptly after mailing the documents to PennDOT ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dana Mallory No. I ; -a-) 7y & ?t (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 0 kk day of 20 1 Z , a hearing is scheduled on the appeal of Petitioner for the day of 20_LZ at _T:Z A M in Courtroom # I of the Cumberland County Courthouse, One Courthouse Square, 41h 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. e- e . 6u0.Sel '? bra n A14 lldry ?'y i?tcc, l ed Sf'1 By the Court, Judge C-) C- -0 ^?a rn to x rn xs» rn cr, r" M 76 c CD >C--) , Cam; _ .._ C W w PRC) Dana Mallory 221 S. Market St Mechanicsburg, PA 17055 cut j'o , 9 F/1 3r 5 -"?J N C'U, 717-610-4458 P AS Y O F '4 LIN buddhaairl2l Qgmail.com N11-1 Pro Se Dana Mallory : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA V. : NO. 12-2774 : DRIVER'S LICENSE SUSPENSION APPEAL Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing MOTION FOR CONTINUANCE AND NOW COMES Dana M. Mallory, Pro Se respectfully submitting the following in support this motion: 1. On May 11, 2012 Plaintiff filed an Appeal of Drivers License Suspension 2. Pursuant to the Order of Court dated May 11, 2012 a hearing on appeal is scheduled for August 15, 2012 in Courtroom No. 1, at 9:30 a.m. 3. Plaintiff is required by her employer to be in Chicago Illinois from August 12, 2012 to Auc 16, 2012 to attend a training conference. WHEREFORE, Plaintiff respectfully requests that the hearing scheduled for August 15, 2012 rescheduled. Date: Aul?Q I jQ ( ?-- Respectfully Submitted, CERTIFl ATE OF SERVICE 12, a true The undersigned hereby certifies that on the DAY OF Zfollowing: and correct Dopy of the foregoing document was served bY ular i upon OFFICE OF CHIEF COUNSEL PENNDOT 1101 S. FRONT STREET - 3RD FLOOR HARRISBURG, PA 17104-2516 Dana Pro S Dana Mallory V. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-2774 DRIVER'S LICENSE SUSPENSION APPEAL ~ 4HQEfl AND NOW, this day of / ~ ,2012, upon review of Plaintiff's Motion for Continuance, lt is here//~~by ORD ED that the hearing scheduled for August 15, 2012 at 9:30 a.m. is rescheduled for [JC~~i~i~. o~'`/, a7Df? t,L~ q~ ~o ~. /~• ,.~ir- K ~7Ld. S, BY THE COURT: P / ~ R~ Dana Mallory, ro Se •~-~ 221 South Market Street -cam ~ . =~' r_, Mechanicsburg, PA 17055 ~~'' ~~:: `~ _~- :~:, c~ ~•:~ r-~ w ~ ` / OFFICE OF CHIEF COUNSEL '~~ <~ -n , . : PENNDOT ,~ ~ ~ `-' ~ '' ~ , ~ _: ~: '~ ' 1101 S. FRONT STREET - 3RD FLOOR =>`-- "`~ ~ . .--- HARRISBURG, PA 17104-2516 ~ ' ~~' ~ o - ~ «~~ =~ DANA M. MALLORY, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSI~'LVANIA, NO. 12-2774 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPEAL OF DRIVER Respondent LICENSE SUSPENSION ORDER AND NOW, this 24th day of October, 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 _~_ day of 20__, at _.m., in Courtroom Room No. of the Cumberland County Courthou Carlisle, Pennsylvania. ~;~ o BY THE COURT: --<'„.. -- "~ C=' -v :ter r-, _ c; sd` ~,, . ~ x. - i ~ ~~ ' -. -~ c..7 / I ~) . Attest: Dana MI. Mallory, 221 South Market Street, Mechanicsburg, PA 17055 =~'..;; ;,~, _ _. `_.. -~ ~, ~ ~a ~.; c ~ -, ;-, -~ ,~..: L.-~ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, ~~~d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516