Loading...
HomeMy WebLinkAbout12-4146IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY„ PENNSYLVANIA d'o+ /-} ?cJil2?fd? No. ?aL ! l L` Lt `Tc (Type your name) Vs. Driver's License/Auto Registration Appeal c-3 r.a C= Commonwealth of Pennsylvania r*t c_ z " rn rn Department of Transportation Bureau of Drivers Licensing ?> ?' r- Z: tV 4(!Q APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION DQ -n AND NOW, this (enter today's date) 0?- 0)- 20 l Z . comes the Appellant, (Type yc R na&) 7 ?c)A4tOn by his/her attorney, and states as Mows s r03. )!?P)! 1. Appellant's PA operator's number or automobile registration number is: cl, t J 7716 2. PennDOT proposes, by Notice dated (insert "mailing" date here) Q Q2- 20 (2.., , to suspend Appellant's driving privileges Flautomobile registration for a period of (insert length of suspension) pursuant to Section IS'-Y JA" of the Vehicle Code, which suspension is to be effective (insert suspension effective date) 67-0-7 , 20 ****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. 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). 17XI Other (Specify reason:) CA- f &4 K 1110 c, F C-? < «?r? ms`s SU-f tide 4 1 -OR- The suspension of Appellant's automobile registration is contrary to law in that: F] 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). Utner (specity 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) (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: :5U4`J7J4__Z-1 Address: 2 S DS? G,^X-C' S - &1- 6 City / State / Zip Code: n?1 1,,prt S 6 v,4, PA 17110 Telephone Number: 7/'7.- E 2? -&363 Email address: 5/'C, Vn Le)6 @ G ai . C. .o-L-\ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JUNE 02, 2012 ADRIAN TERRELL JOHNSON WID # 121479283049741 001 105 E ALLEN ST APT 203 PROCESSING DATE 05/26/2012 DRIVER LICENSE # 28179446 MECHANICSBURG PA 17055 DATE OF BIRTH 01/16/1986 Dear MR. JOHNSON: 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 05/25/2012 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 04/12/2012: ¦ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 07/07/2012 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 beForc 07/07/2012. -You ma-1 surrender these items before, 07/07/2012, 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. 121479283049741 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, JUNE 02, 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 07/07/2012. 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 TOD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TOO OUT-OF-STATE 717-412-5380 121479283049741 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". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SC4 No. (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 07 - 0 2 , 20 IZ , 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: ,20 Signature: 4 Type your Name: Ik? jo??rJa Address: Gr--c-e-t-. S? City / State / Zip Code: PA ?)/la Telephone: 70 If ** 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 Ad, (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CN 1 No. g6 Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this day of 20 , a hearing is scheduled 67 ?7 on the appeal of Petitioner for the --? ' r day of 20 /•,? at 36 4M in Courtroom # 6? 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, fee Judge C.) r _- r-p c -K7 M c --+ x `? = t^ ?A Q M?rilin JOiIri501 r- .4 :D-rt Pik bep? , o-C -rm p% . = a s> 3 ?'? C3 a ADRIAN T. JOHNSON, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 12-4146 CIVIL TERM APPEAL OF DRIVER 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. ,,-, £U ~~ <~ ~~ CONTINUED and RESCHEDULED for the ~ ~y~ , ~ ~ _ 20 , at ~.m., in Co~~orr~' , ~,m ~% ~. Room No. of the Cumberland County Courtl-~e, ' r~ roc`: Carlisle, Pennsylvania. ~"c~. -~: r- h, ~,.. C.'i ~,~~ BY THE COURT: ~~ ~' Attest: J. /~Adrian T. Johnson, 105 East Allen Street, Apt. 203, Mechanicsburg, PA 17055 /Philip M. 13ricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3r~ Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 ,Q,/~ti