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