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Home My WebLink About12-3415IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Benjamin Dylan Burkholder (Type your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. Driver's License/Auto Registration Appesf, r-n cr, ( c.J C C--' APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION tea CO T- -w. TS AND NOW, this (enter today's date) May 29 2012 , comes the Appellant, (Type your name) Benjamin Dylan Burkholder , by his/her attorney, NA and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 30320622 2. PennDOT proposes, by Notice dated (insert "mailing" date here) May 1 12012 to suspend Appellant's 7driving privileges Flautomobile registration for a period of (Insert length of suspension) 60 days pursuant to Section 3345A of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) 615 12012 ****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) 1-1 F] 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:) Defendant never passes or overtook a school bus. J03.7-s pd a *` 6-01k 1 -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 (specity reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sig ame her Benjamin Dylan Burkholder (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: Benjamin Dylan Burkholder Address: 326 Fairview St City / State / Zip Code: Carlisle. PA. 17015 Telephone Number: 717 609 3093 Email address: sburkholder ?a fhmproducts.i 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Benjamin Dylan Burkholder (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 May, 29 , 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, 29 , 2012 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: Benjamin Dylan Burkholder Address: 326 Fairview St Telephone: 717 609 3093 City / State / Zip Code: Carlisle, PA. 17015 ** 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 TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 01, 2012 BENJAMIN DYLAN BURKHOLDER WID t 121159283589689 001 326 FAIRVIEW ST PROCESSING DATE 04/24/2012 DRIVER LICENSE # 30320622 CARLISLE PA 17015 DATE OF BIRTH 02/17/1994 Dear MR. BURKHOLDER: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1535 of the Pennsylvania Vehicle Code. As a result of your 04/23/2012 conviction of violating Section 3345A of the Vehicle Code, PASSING A SCHOOL BUS, on 01/31/2012: ¦ Your driving privilege is SUSPENDED for a period of 60 days effective 06/05/2012 at 12:01 a.m. ¦ PennDOT is required by law to assign 5 points to your driving record. Before PonnDOT 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 06/05/2012. You may surrender these items before, 06/05/2012, 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 $13.510. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passports marriage certificate, etc.) in order to obtain your photo identification card. 121159283589689 You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 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 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". -,I COMMONWEALTH OF PENNSYLVANIA Summons for Summary Case COUNTY OF CUMBERLAND Traffic Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Benjamin Dylan Burkholder 326 Fairview St Carlisle, PA 17015 75 F4 3345 i ? A (Lead) MEETING OR OVERTAKING SCHOOL BUS FINE AND COSTS: OFFENSE: VEHICLE: Fine: $ 250.00 Costs: $ 36.00 Other: Date: 01/31/2012 Time: 3:05 pm Plate Number: HWV5093 Model: Sedan, 4 Door Commonwealth of Pennsylvania V. Benjamin Dylan Burkholder Docket No: MJ-09303-TR-0000752-2012 Case Filed: 2/8/2012 Fees: $ 70.00 Total Due: $ 356.00 Location: On Fairview St at its intersection with Brian Dr Registration Yr: 2012 Make: Acura Officer: Matthew E Wenner WITHIN TEN (10) DAYS OF RECEIPT OF THIS SUMMONS YOU MUST: 1. PLEAD NOT GUILTY by notifying the magisterial district judge above in writing and forwarding an amount equal to the total due specified above plus $7.00 if the offense charged is a motor vehicle offense as required by statute; or if the fine and costs are not specified, forward the sum of $50.00 as collateral for your appearance 2. PLEAD NOT GUILTY by appearing before the magisterial district judge above and posting such collateral for your appearance as the magisterial district judge shall require; OR, 3. If you cannot afford to pay the total due specified above or the $50.00 collateral, you must appear before the magisterial district judge above to enter a plea: OR, 4. PLEAD GUILTY by notifying the magisterial district judge above in writing, signing the appropriate plea under the MAIL IN PLEA section, and forwarding an amount equal to the total due specified above; OR, 5. PLEAD GUILTY by appearing before the magisterial district judge above if the total due is not specified, or if you are required to appear because the offense with which you are charged carries a mandatory sentence of imprisonment, for example, a violation of 75 Pa.C.S. Section 1543(b) (Driving while operating privilege is suspended or revoked) • IF YOU ARE FOUND GUILTY BY THE MAGISTERIAL DISTRICT JUDGE AND WISH TO APPEAL, YOU HAVE THIRTY (30) DAYS TO REQUEST A TRIAL DE NOVO IN THE COURT OF COMMON PLEAS • ALL CHECKS OR MONEY ORDERS FOR FINE, COSTS, FEES, OR FOR COLLATERAL, SHALL BE MADE PAYABLE TO "MAGISTERIAL DISTRICT NO MDJ-09-3-03" You can make case pay ents online through Pennsylvania's Unified Judicial System web portal. Visit the portal at httpYlujsportal.pacourts.us to make a payment. • IF YOU FAIL,TO RESPOND TO THIS SUMMONS WITHIN THE TIME SPECIFIED ABOVE, A WARRANT FOR YOUR ARREST SHALL BE ISSUED. IF YOU INTEND TO RESPOND BY MAIL: Detach and complete the lower portion of this summons with your signature on the appropriate plea line, (1) or (2). If you PLEAD NOT GUILTY, your check or money order must be in the amount of the total due specified above, plus $7.00 costs. If the total due is not specified, your check or money order must be in the amount of $50.00 which will be held for collateral for your appearance at trial. You will be notified by mail of your date and time for trial. If you PLEAD GUILTY, enclose a check or money order in the amount of the total due specified above. Failure to remit the full amount of the fine, costs, and fees may COMMONWEALTH OF PENNSYLVANIA Magisterial District No. 09-3-03 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 717-486-7672 TRAFFIC CITATION CITATION NO.: T1003015-6 Docket Number Assigned by Court: M.1-093 03-TR-0000752-2 012 FILED: 02/07/2012 Defendant's First Name Middle Name Last Name Suffix Driver's Number CDL State Sex BENJAMIN DYLAN BURKHOLDER 30320622 No PA M Defendant's Address Street City State Zip Code D.O.B. Primary Phone No 2nd Phone No 326 FAIRVIEW ST CARLISLE (USA) PA 17015 02/17/1994 PRIMARY Veh Reg. No Reg. Yr. State Model Yr. Make Model Style Color VEHICLE HWV5093 2012 PA 2001 ACUR ACUR-CL Sedan, 4 Door Silver/Alumin TRAILING Veh. Reg No Reg Yr. State Make Style Color UNIT 1 TRAILING Veh. Reg No. Reg. Yr. State Make Style Color UNIT 2 Owner/Lessee or Carrier First Name Middle Name Suffix BURKHOLDER BRIGITTE M Owner Street Address City State Zip Code 326 FAIRVIEW ST CARLISLE (USA) PA 17015 Charge TITLE 75 MEETING OR OVERTAKING SCHOOL BUS Nature of Offense 67 PA Code Section Subsection FAILED TO STOP WHEN MEETING OR OVERTAKING SCHOOL BUS WITH FLASHING RED SIGNALS 3345 A Ref. 49CFR FINE $ 250.00 Actual Speed Allowed Speed Timing Device Fine Doubled Due To E.M.S. $ 10.00 Offense Date Time Day Vehicle Weight Permitted Weight File on Info. Redd Lab Serv. Requested MCARE $ 50.00 01/31/2012 15:05 Tuesday tbs. lbs. No No Comm. Veh. HazMat Juvenile Parents Notified Accident Rpt. Incident Number Weather Conditions CASTS $ 36.00 No No Yes Yes No No Adverse Conditions Location J.C,P./A.T.J. $ 10.00 On Fairview St at its intersection with Brian Dr Route Dir of Travel County wp-Boro-City Total Due 7356 00 W Cumberland SOUTH MIDDLETON TWP Speed Timing Device Operator Miles Followed I Miles Timed Secs. Timed Special Activity None Stopped By Observed By Speed Detection Type Station Equip. Tested Date Equip. Tested Speed Equip. Serial No Marked Marked Remarks ,Reported b bus driver -A ura,CL I verify that the facts set forth in this citation are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating to the unsworn falsification to authorities. NER E-FILED THIS CITATION HAS BEEN ISSUED/FILED BY A MEMBER OF THE IPA STATE POLICE -Carlisle RIGHTS AND OBLIGATIONS Officer ID No. 683052 OR) Number Phone Number PAPSP1000 (717)249-2121 Thi$ citation will be electronically filed with the magisterial district judge whose address appears above. 1. Within ten (10) days of the receipt of this citation you must, a. PLEAD NOT GUILTY by notifying the proper Magisterial District Judge in writing, signing the appropriate plea below, and by forwarding for collateral an amount equal to the Total Due plus $7.00 if the offense charged is under the Vehicle Code: or if the Total Due is not specified, by forwarding the sum of $50.00 as collateral for your appearance at trial. OR b PLEAD NOT GUILTY by appearing before the proper Magisterial District Judge and posting such collateral for your appearance as the Magisterial District Judge shall require. OR c Appear before the proper Magisterial District Judge to enter a plea if you cannot afford to pay the Total Due or the $50.00 collateral. OR d. PLEAD GUILTY by notifying the proper Magisterial District Judge in writing, signing the appropriate plea below, and by forwarding an amount equal to the Total Due as specified. OR e. PLEAD GUILTY by appearing before the proper Magisterial District Judge if the Total Due is not specified or if you are required to appear because of the offense with which you are charged carries a mandatory sentence of imprisonment, for example, a violation of 75 Pa.C.S.§ 1543(b) (Driving while operating privilege is suspended or revoked.) 2. If you fail to appear for trial, the trial may be held in your absence. 3. If you have been charged with a summary offense under the Vehicle Code, failure to respond within the time specified above will result in the suspension of your driver's license, the issuance of a summons or a warrant for your arrest. 4. If you have been charged with a violation of a local ordinance or any parking offense, failure to respond within the time specified above will result in the issuance of a summons. 5. If you plead guilty or are found guilty, points may be assessed against your driver's record. An accumulation of points may result in the suspension of your driving privilege. 6 Your driving privilege WILL BE SUSPENDED if you plead guilty or are found guilty of certain offenses under the Vehicle Code, including but not limited to, 75 Pa.C.S §§ 1371, 3341, 3345. 3367, 3718. 3733, 3734, 3736, subsequent convictions of Pa. C.S.§ 3361 when occurring In an active work zone and an accident report is submitted by the police, subsequent convictions of 75 Pa. C.S.§ 1501, a violation of 75 li S.§ 3361 when occurring in an active work zone and an accident report is submitted by the Dolice, and a violation of 751 S.§ 3362 when occurring in an active work zone 7 If you are found guilty by the Magisterial District Judge, or you plead guilty, and you wish to appeal, you have THIRTY (30) days to file an appeal for a trial in the Court of Common Pleas. 8. If you are disabled and require assistance. please contact the Magisterial District office shown above. Explanation of Terms: E.M.S. - Emergency Medical Service Act MCARE - Medical Care Available and Reduction of Error Fund J.C.P./A.T.J. - Judicial Computer Project/Access to Justice MDJS 406 Printed: 02/08/2012 1:13:07PM BENJAMIN DYLAN IN THE COURT OF COMMON PLEAS OF BURKHOLDER CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 12-3415 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU : OFDRIVER LICENSING : NO. 12-3415 CIVIL TERM IN RE: APPEAL OF DRIVER'S LICENSE/ AUTO REGISTRATION SUSPENSION ORDER OF COURT AND NOW, this 4`f' day of June, 2012, upon consideration of the above motion, a hearing is scheduled for Wednesday, October 24, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. ? Philip Bricknell, Esq. Office of Chief Counsel Department of Transportation Vehicle & Traffic Law Division Riverfront Office Center, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Attorney for the Commonwealth ? Benjamin Dylan Burkholder 326 Fairview Street Carlisle, PA 17015 :rc IKQ.1r eJ BY THE COURT rl - -' U-1 Christylee L. Peck, J. BENJAMIN D. BURKHOLDER Petitioner v. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-3415 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION 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. ~'`r _ 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 Courtr«o~om J ,~ ~ Room No. of the Cumberland County CourttaQc~se,, __ Carlisle, Pennsylvania. ~~~ r~ ~~-? v., r ---~ v ~ ~•, BY THE COURT: ~-°~--~ ~~3 _~- , ~, ~ r.. r ~ _ t , J.. Attest: / Benjamin D. Burkholder, 326 Fairview Street, Carlisle, PA 17015 /Philip M~dBricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3 Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ~op;~s ,~,~. ~.~~ ~o~.~~/,