HomeMy WebLinkAbout12-6396I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
No. I;- x.396 6 C)/ "L?,-?-?
(Tvoe vour name)
Vs
Commonwealth of Pennsylvania
Department of Transportation
Bureau of Drivers Licensing
Driver's License/Auto Registration Appeal
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APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION
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AND NOW, this (en er day's date) 20 1 , comes the Appellant,
?I by his/her attorney,
1. Appellant's PA operator's number or automobile registration number is:
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(Type your name)
and states as follows:
2. PennDOT pr'o'poses, by Notice dated (insert "mailing" date here) , 20 / ,1 , to suspend _a J 2, ? Appellant's V driving privileges Flautomobile registration fora period of (Insert length of suspension)
pursuant to Section of the Vehicle Code, which
suspension is to be effective (Insert suspension effective date) 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)
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;
F] 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:)
103. r7.5-,o C?
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-OR-
The su nsion 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).
1-1
Other (specify 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 ere
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(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:
Address:
City / State / Zip Code:
Telephone Number: 3 ? / q AL_2i C)
Email address: kayl yl?ra,OaS @ AO? , CQrrt
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
1 ? Gvi- ri 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 20 ,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, 3`d Floor
1101 South Front Street
Harrisburg, PA 17104-2516
Date: /` /5-- , 20 /
Signature:
Type your Name:
Address:
City / State / Zip Code:
Telephone:
** This form must be completely filled out and filed in the Prothonotary's office
promptly after mailing the documents to PennDOT **
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FOLD NO DETACH CARD AT
FINANCIAL RESPONSIBILITY IDENTIFICATION CARD
INSURANCE COMPANY NAME NAIC CODE
ERIE INSURANCE EXCHANGE 26271
POLICY NUMBER
Q03 2607718 H
YOU NEED THE I.D. CARD FOR VEHICLE
INSPECTION AND OTHER PA. STATE
REQUIREMENTS--SEE BACK OF CARD.
YOUR AUTO POLICY IS EFFECTIVE
FROM03/26/12 TO 03/26/13
EFFECTIVE UNTIL
09/26/12 03/26/13
93 FORD 1FTHE24H1PHB47S6V5
Year Make V. I. N. If only 5 digits, they are last 5
NAMED INSURED
DUSTIN A DANNER
1156 CENTERVILLE ROAD
NEWVILLE PA 17241-9554
DP18-2-F 12/08 SEE IMPORTANT MESSAGE ON REVERSE SIDE
02011466
NOT VALID MORE THAN SIX
MONTHS FROM EFFECTIVE DATE
TO COMPLY WITH PENNSYLVANIA LAW. WE WILL:
1. Issue a 6 month I.D. card on the policy effective date.
2. Six months later issue another 6 month I.D. card.
3. Issue a card for replacement or additional vehicle(s).
YOUR AGENT PHONE: 717-776-5213
J P WOLFE INSUR INC AA7167
96 S HIGH ST
NEWVILLE PA 17241
Erie
Insurance'
Authorized Signature
COMMONWEAL'T'H OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
www.dmvstate.pa.us
WID* 122559999068685 001
TITLE# 46274576
PROCESSING DATE 120911
TRANSACTION CODE 00170
DUSTIN A DANNER
1156 CENTERVILLE RD
NEWVILLE, PA 17241
REMINDER NOTICE MAII. DATE: 09/18/12
Dear Customer:
By an Official Notice previously mailed, the registration of the vehicle listed below was suspended for three months
by Section 1786(d) of the Vehicle Code with the effective date of 01/22/12 at 12:01 A.M.:
MAKE: FORD YEAR: 1993 BODY TYPE: TRUCK
LICENSE PLATE: YZY6641 rTTI,F#: 46274576 VIN#: 1 FTlIE24H 1 PlIB46693
You are required to return your current registration plate, sticker and card to the Department immediately. Credit
toward serving' this suspension will not begin until the Department receives your registration products.
Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with
Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of
Transportation. Do not send cash. You can also pay by credit card online at www.dmv.state.pa.us by selecting
"Pay Your Financial Responsibility Restoration Fee". Within 30 days of your eligibility date for restoration, you
will also be required to show proof of insurance for this vehicle.
We have enclosed a self-addressed envelope for your use when corresponding and a mailing label to assist with the
return of your registration plate, sticker and card. When the Department receives your registration products, we
well send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing your
registration plate, sticker and card to the Department you do not receive a letter stating your registration products
were received, please contact us immediately.
By Order of
Director
Bureau of Motor Vehicles
Department of Transportation
Information (8:00 AM to 5:00 PM
Pennsylvania 800-932-4600
Out of State 717-412-5300
TDD Pennsylvania 800-228-0676
TDD Out of State 717-412-5380
VW
122649283577540
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".
122649283577540
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, SEPTEMBER 27, 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 11/01/2012.
Sincerely,
9?-U ?-- - Z g V)V)
Janet L. Dolan, Director
Bureau of Driver Licensing
SEND FEE/LICENSE/DL-16LC/T0:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
INFORMATION (8:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
AM TO 5:00 PN)
1-800-932-4600
717-412-5300
1-800-228-0676
717-412-5380
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: SEPTEMBER 27, 2012
DUSTIN A DANNER WID * 122649283577540 001
1156 CENTERVILLE RD PROCESSING DATE 09/20/2012
DRIVER LICENSE # 25833382
NEWVILLE PA 17241 DATE OF BIRTH 10/13/1981
Dear MR. DANNER:
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 1532B of the Pennsylvania
Vehicle Code. As a result of your 09/19/2012 conviction of
violating Section 1371 of the Vehicle Code DRIVE WHILE
REG.SUSP/REVO on 09/11/2012:
¦ Your driving privilege is SUSPENDED for a period of 3
MONTH(S) effective 11/01/2012 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 before 11/01/2012. You may
surrender these items before, 11/01/2012, 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.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF MOTOR VEHICLES
PO BOX 68674
HARRISBURG, PA 17106-8674
DUSTIN A DANNER
1156 CENTERVILLE RD
NEWVILLE, PA 17241
Dear Motorist:
Information (8:00 AM to 6:00 PM)
Pennsylvania 800-932-4600
Out of State 717-412-5300
TDD Pennsylvania 800-228-0676
TDD Out of State 717-412-5380
October 01, 2012
You are eligible to apply for the restoration of your registration privilege for the following vehicle:
MAKE: FORD, BODY TYPE: TRUCK, VIN NO: I FTHE24H I PHB46693, TITLE: 46274576,
effective 10/31112. Before you can be restored you will be required to provide the following:
Current proof of insurance. Submit a copy of either your insurance
identification card, the insurance declaration page of your insurance
policy, a valid binder of insurance, or an application for insurance
to the Pennsylvania Auto Insurance Plan for the described motor
vehicle.
A $50.00 restoration fee. Please include a check or money order made
payable to the Department of Transportation. Place the title number
on the check or money order to ensure the fee is correctly applied.
You can also pay by credit card online at www.dmv.state.pa.us
by selecting "Pay Your Financial Responsibility Restoration Fee".
Please return this letter and all necessary documents in the enclosed self-addressed envelope. Failure to
do so will delay the restoration of your registration privilege.
Sincerely,
Service Representative Team
Bureau of Motor Vehicles
121001 00070
12275 9999 007459 001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
(Print your name)
Vs. Driver's License/Auto Registration Appeal
Commonwealth of Pennsylvania
Department of Transportation .
Bureau of Driver Licensing
ORDER SCHEDULING HEARING ON APPEAL
AND NOW, this ~ 0 ~ day of ~~~.~~.p/~ ~ 20~, a hearing is scheduled
on the appeal of Petitioner for the // ~ day of ~, 20 /.3 at ~: ~30~} M
in Courtroom # ~ 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,
Judge
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DUSTIN A. DANNER, IN THE COURT OF COMMON
Petitioner : PLEAS OF CUMBERLAND
CUMBERLAND COUNTY
V.
COMMONWEALTH OF PENNSYLVANIA, NO. 12-6396 CIVIL TERM
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING, DRIVER LICENSE
Respondent SUSPENSION APPEAL
ORDER
AND NOW, this 31St day of May, 2013, the appeal filed in the above-
captioned matter is:
REMANDED to the Department of Transportation for
correction of its records.
ti11`\ .� 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.
CONTINUED and RESCHEDULED for the day of
2013, at ,.m., in Courtroom
>
Room No. of the Cumberland County Courthouse,
= , Carlisle, Pennsylvania.
BY THE COURT:
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Attest:
Dustin A. Danner, 1156 Centerville Road, Newville, PA 17241
✓Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel,
3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
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