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HomeMy WebLinkAbout12-5479IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY VANIA C ,/,p ` Sy ~ ~ ~ v~( _~u )~1~ ~V 15~1~~ No. a (Type your name) x~ ~ r- Vs. Driver's License/Auto Registration Appea~K~ C~ Commonwealth of Pennsylvania ~o Department of Transportation x° ~ Bureau of Drivers Licensing `i -~ c~ Cn `~ .~ -o tv ~~ APPEAL OF DRIVER'S LICENSE/AUTnnO REGISTRATION SUSPENSION AND NOW, this nter to ay's date) ~ 20 ~t- comes the Appellant, (Type your nam ~~,~,~(,t,-~ ~ss~~~ , b is/her attorney, ~ ~. and states as fo The police lacked reasonable grounds to stop Appellant and / or request Appellant to submit to a test. 1. Appellant's PAl~pgra~Qr~ ; tuber or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) ~ ~, 20~_, to suspe d Appellant's driving privileges ~ automobile registration -for a period of (Insert length of suspensi n) j ~''~~~ pursuant to Section ~ ~' -I 1 _of the Vehicle Code, whic suspension is to be effective (Insert suspension effective date) e(Y1 ~ 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) Appellant did not knowingly or intelligently refuse a chemical test; Other (Specify reason:) 1 agb~~9 ,._, ---s r~ ,.,. '~ r' °_ ci ~-+~~: _r'a ~~ ~. rar,: ~ ~~ :~ iical The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is c~rrently under appeal. (Attach a copy of the court docket this Appeal). a ~~°`Iu3.7Sp~ ~ #~ ~9 P`/~~l -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 su,~mitted, me Ifere) ~_ (Type nam ere) 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 rel~ting to unsworn falsification to authorities. Signature Type Name: Address City /State /Zip Code Telephone Number: Email address: /~--- c ~ jLo~, ~; z r~2r a '7i~ '~~i4-s32o @~~+ne~ 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Dr' t~ Mail Date AUGUST 07, 201 _._.. SUSAN L4UISE CRESSLER WID * 1221367466b7342 001 4 CHELTON CIR PROCESSING DATE 07/31/2012 DRIVER LICENSE * 19849701 CAMP HILL PA 17011 DATE OF BIRTH 03/04/1961 Dea1r MS. C.RESSLER: This is an Official Notice of the Suspension of Your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle"Code. As a result of your violation of Section 1547 of.ths Vehicle Code CHEMICAL TEST REFUSAL, on 07/22/2012: • Your driving privilege is SUSPENDED-for a period of 1 YEARtS) effective 09i11iZ01Z at 12:01 a.;n. COMPLYING WITH THIS SUSPENSION You suet return all current Pennsylvania driver's licenses, learner's persits, tesporary driver's licenses tcasera cards) in your Oossession on or before 09/11/2012.- You say surrender these itess before, 09/11/2012, for earlier credit; however, You say not drive after these itess are surrendered. YOU NAY NOT RETAIN YOUR DRIVER'S LICENSE FOR =DENTIFICATION PURPOSES. However, you way apply for and obtain a photo identification card at any Driver License Center for a cost of #13.50. You Bust present two t2) forss of proper identification te.g., birth certificate, valid U.S. passport, s-arriage 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). Cosplete the foliowittg steQs to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's persits and/or case s cards to PennDOT. If you do not have .any of these itess, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. You Bust specify in your letter why You are unable to return your driver's license. Resesber: 'You say not retain your driver's license for identification purposes. Please send these itess to: 122136746687342 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°. 4 122136746687342 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, AUGUST 07, 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 09/11/2012. Sincerely, ~~~ ~~e~ Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-06. OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-53! WEB SITE ADDRESS www.dmv.state.pa.us '6 f0 . 1 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Print your name) Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing sy -)1 E No. ? a Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND NOW, this day of20-G?I-a hearing is scheduled -39e?& A4;A on the appeal of Petitioner for the ?oday of , 20j,?- at 1 J0 JM in Courtroom # -k 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, 3rd 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. y t e Court, Judge Thomas A. Placey Common Pleas Judge C c= rn tv Cn a? -0 -<> ? C. I tf G ;`c -e 0 t-C C Ouse / cs a r _0 rn GT -4 ca ?s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T , (Type your name) . Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing -- - - CERTIFICATE OF SERVICE J~ c.~. _ . ~. - The undersigned hereby certifies that on y ~ I ~~,~ , 20 ~ ~-~ , I caused to be+' ::_> ~~' "~ _~ mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, an~'a r`'-' _ ~-w all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3~d Floor 11015outh Front Street Harrisburg, PA 17104-2516 ~ r Date: ~ ~~; ~ ~, ~) , 20 ~ ~j Signature: Type your Name: Address: City / State J Zip Code: Telephone: ~' v e -~^ / "1 1 ~?~ ~ ~~ > ol. ~---1~..-% - ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article A dressed to: ,~ A. Signature i X C7 Agent Addressee B. Received by (i'rinted Name} ~.~al ~f 4~i~~ry D. Is delivery address different from item 1? D Yes ((~~ 1f YES, enter delivery address below: ^ No „~ ~~ ~t ~.~ ~ e ~ ~"~ Y~ ~`-~-u' ~ f~.,,1"~ (,,'~~~ ~' 3. Service Type (y~~`!°rtified Mail O Express Mail S ~ + ~iJ Registen3d ~ Retum Reaeipt far Marchandfse U `, , ~L t ! ~~~ ~'~~ 4 .k ~ ~ 1`' I ; -"'~ " ^ Insured Mail ~ C.O.D. _ ~ - y ~ ~ Lx' 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (Transfer fromservlcei 7a1,I~ a1, 1,o aao2 2565 974` PS Form 3811, February 2004 Domestic Return Receipt to25s5-o2-mt-i5ao