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Home My WebLink About12-4776IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Holly C Rhodes (Type your na r,e) Vs Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing No. Driver's License/Auto Registration Appg(. IL_ APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION Cu AND NOW, this (enter today's date) July 26 2012 _-, comes the Appellant, (Type your narrte) Holly C Rhodes , by his/her attorney, Ed Spreha _ and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2482368' 2. PennDOT proposes, by Notice dated (insert "mailing" date here) June 28 , 20__? , to suspend Appellant's driving privileges Flautomobile registration for a perioc! of (Insert length of suspension) 18 months pursuant to Section 154713111 suspension is to be effective (Insert suspension effective date) August 8 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 z Appellant did not knowingly or intelligently refuse a chemical test; The conviction or 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:) 4 / 03. 7 /ro # 02 c r7 7 g6 5-pdriA' x,66' 9?2 7 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 statemert of PennDOT form MV-221 to document non-operation of the vehicle). L? Other (specity reason: of operating privileges or automobile registration. Respectfully submitted, ?. 4W& (Sign name re) Holly C Rhodes (Type name here) VERIFICATION ion The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registratior 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 1 Signature: Type Name: Holly C Rhod Address: 203 Harrisburg Street. PO Box 350 City / State / Zip Code: East Berlin. PA 17316 Telephone Number: 717-634-7073 Email address: hollyr4779 @ gmaii.com 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: JULY 04, 2012 HOLLY C RHODES WID # 121,796746674367 001 203 HARRISBURG ST PROCESSING DATE 06/27/201d'. PO BOX 350 DRIVER LICENSE t 248236871 EAST BERLIN PA 17316 DATE OF BIRTH 04/07/1979 Dear MS. RHODES: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL. on 06/14/2012: ¦ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 08/08/2012 at 12:01 a.m. 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 08/08/2012. You may surrender these items before, 08/08/2012, 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 513.50. You must present two (2) forms of proper iden- tification (e.g., birth certificate, valid U.S. passport:, marriage cc-xrtif3ca te, etc.? in order to obtain your rii)u'.:o identification card. You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps tc 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 nota- rized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable t.o 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 121796746674367 Bureau of Driver Licensinq 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-- c:eive 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, p:leasP follow the instructions listed under "Compl.yinq c i`_h this Suspension/Revocation". APPPAi You have the right to appeal this action to the Court:: ,.)f Common Pleas (Civil Division) within 30 days of the grail date, JULY 04, 2012, of this letter. If you file an appeal in the County Court, the Court will gave 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 121796746674367 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 06/08/2012. Sincerely, Janet L. Dolan, Director Bureau of Driver Licensinq INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-01576 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 7:17--412-5580 WEB SITE ADDRESS www.dmv.state.pa.us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No._??` " Holly C Rhodes SL (Type your nacre) 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 June 28 , 20 12 , 1 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: July 26 , 2012 Signature: Type your Name: Holly C RI-104s Address: 203 Harrisburg Street. PO Box 350 City / State / Zip Code: East Berlin. PA 17316 _ Telephone: 717-634-7073 * * 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 Holly C Rhodes (Print your name) Vs. No. IOC' q 614 6t 0- 0 DID ?a - X776 C v1Z firs Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, this _162?6 day of 20/,;Z , a hearing is scheduled on the appeal of Petitioner for the day of 204,a at ?:,U, _LM in Courtroom # -6" of the Cumberland County Courthouse, One Courthouse Square, 4c" 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, ;es . /ed f171/ z c --r 1ud g?,.: c ca'a =M f F? vr ?w -? " rn [ t r-- X -i ?.y... C-) HOLLY C. RHODES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent 12-4776 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 24th day of October, 2012, after having had a hearing in this matter, the Defendant having represented herself pro se, and the Department of Transportation having been represented by Philip M. Bricknell, Esquire, the Court hereby finds that Upper Allen Township Police Department, Officer Cuckovic, whom this Court found credible, did have reasonable suspicion to pull over the Petitioner for suspicion of driving under the influence of alcohol, further that Officer Cuckovic then arrested the Petitioner for driving under the influence of alcohol, that Petitioner was transported to the Harrisburg Hospital, that Officer Cuckovic then requested that the Petitioner submit to a blood draw, that Officer Cuckovic read the DL-26 Form to the Petitioner two times and she refused to submit to the blood draw as required by law, and that the Petitioner knew at the time of the consequences of her actions to refuse to submit to the blood draw and knowingly refused to do so. Accordingly, the Court hereby denies the appeal of Holly C. Rhodes, Petitioner, from the suspension of her driver's license. This suspension which is the basis of this appeal shall be reinstated effective December 30, 2012. If the Petitioner chooses to turn in her license prior to that time, then the suspension shall run from the time that the Department of Transportation receives her license. By the Court, r~ l~C~`'~. ~ ~ G' -c~---. Christylee L. Peck, J. V Holly C. Rhodes, Petitioner Pro Se 203 Harrisburg Street PO Box 350 East Berlin, PA 17316 Philip M. Bricknell, Esquire Office of Chief Counsel 1101 South Front Street- 3rd Floor Harrisburg, PA 17104-2516 For the Respondent Pcb P'~S ~~~~ ~r~~,~iz ~GL c -a ~ rn~ N ~ --~ ~ T ~'j om ~ ~ "`7 ~ G - ~_ t ~ ~ D 2p a = ~-~ ~'*t bC ~p r~r~ --1 -C N = .r