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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 rnm m = 7V W r- v APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION LtA 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: r? C) C) cn a aa? cn cx? CTI -D r ' ? c i..a (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? -7 -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 0 (,,-A, i (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 2 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 ** GANO AT ?: t3 ?a t? i? io o GC 12 C4 >0 .2 F Z Y 2 ? mj, ?cp m L ? W tillLL Q 2-0 0 S a ? W 7 0, Q d m a 3 ?? c ° o 0 $ a N Fpm °', E g o ? o I- m 01 _ g c ir?dj Z cu 8? QQ 5? 5? 5? Q r r r r z r r .- r ? r r ' w 3z w ¢ cn w t7 z = ii g> u K= rW z o: 3?_ U) ro Q 3_ W 3 W¢ f2 2 0 "' Fo co a ? U 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 _..___. f~ 4 ~ / ~~~ \~ u 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 '~ ~S~i vi /~ /JQHw.~r ~'~~2s ~~~~~~~ ~0~~~/J ,r?/GL ..__ .: .;;~ - _. -~ ,,., __ . 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: cC-..a J. 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 s/a 0/a