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HomeMy WebLinkAbout12-7270IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L 111f~ y I~ ~~ E~~"~ 2~~ No. / a- 7a.7~ _C (Type your name) ~` :~ ~a Vs. Driver's License/Auto Registration App ~ .. ....., r ~, n _;,- Commonwealth of Pennsylvania `~'~ c ~`; -4 •~: w Department of Transportation ~" -° _- ~ ~~: .~; ~_. Bureau of Drivers Licensing =1=~ r- ~ -' ~: - ~> .. J~'D l,w. ~ , __ , APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION ~- "~' "~ . ~:; AND NOW, this (enter today's date) / ~' ~ b - , 20 12- ,comes the Appellant, (Type your name) ~~IJC_ /~F! T by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: Z7 ZO ''~ ~ ~.Z 2. PennDOT proposes, by Notice dated (insert "mailing" date here) ~ ~ -'~ ~'~ , 20 ~ ~ , to suspend Appellant's driving privileges ~ automobile registration for a period of (Insert length of suspension) pursuant to Section ~ S ~ 1--- of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) / ~ ~ L ~ J 20 1 ~-- ****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; 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:) 1 X03- ?SP~• -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). utner (specity reason: WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeai from the suspension of operating privileges or automobile registration. Respectfully submitted, (Sign n me here) GiNi~y I~~ac~e~2T~ (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: ~.~i ~~,..,/v,~, Type Name: C INr~Y l)nCH t;~-~ _ Address: ~/v SRN i 6~ ~ ~ 1~(. hl ~ P c".3r/t..l~ A v~ . City /State /Zip Code: IVI P r:,{~ ~ i~Jr G~ !3 yt p 17 c~ Sw Telephone Number: ~ k U ~ L2 ~ - ~ u0 ~ 7l ~ < ~~ G ~- 3y ~ Email address: CYa)yt~oc~~-c' RTC @ R rM C a;.i1 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 NOVEMBER 07, 2012 CINDY DOCHERTY WID # ],23[]56294712340 001 1507 GRIM RD PROCESSING DATE 10/31/2012 DRIVER LICENSE # 27204442 KUTZTOWN PA 19_`i30 DATE OF BIfZTH 05; 27]1960 Dear Motorist: Upan receipt of evidence that you are not entitled to the iss~.rance of a driver's license, learner's permit or identification card, this department .is hereby cancelling any driver's license, learner's permit or identification card in your possession as authorized by section 1572 of t:he vehicle code. In order to comply with this sanction you are required ~ko return any current driver's license, learner's permit andior temporary driver's license (camera card) in your possession no later than t:he efifiective date listed. If you cannot comply with the requirements stated above, you are required to submit. a DL16LC Farm or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Fa:i].ure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania Mate Police for prosecution under SECTION 1.57.1(a)(4) of the tl,r.- hicle Code. WiSt it ~3 t'i~ Vi_PN~i Ta9LNT t2ECEI'JES YOUR !_I Cf_t!S'E ri4 /!,rKNnt•!~ FT_)(:; t._ MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT F'ECEIVE THIS RECEIPT WITHIN 7.5 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING TFIIS SANCTION, The effective date of cancellation is 10i24s2012;. 12:01 a.m. You have the right to appeal the Department's action to the Court of Common Pleas (Civil Division) within 30 days of tl~e mail date (NOVEMBER 07, 2012) of this notice. You must still. send in your license before the effective date ~;~f cancellation unless you appear in person hefore a Judge anti receive ~~+~ order permitting you to continue to drive. 1230562'4712340 AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTAT:[ON OFFICE OF CHIEF COUNSEL THIR[) FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, Janet L. Dna.an, Director Bureau Safi Driver Li. f;-ens~raw~ INFORMATIQPJ 18:"10 AM to 5:00 PM) IN ~T?~TF~ 1-800-932-~+600 QUT-O~~-STATE 717-412-5300 TDI) ItJ STATE 1-800-228-0676 ~,DI) il~fT i~~=:_.STA1~~: 717-412-5380 CINDY DOCHERTY, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 12-7270 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, DRIVER LICENSE Respondent CANCELLATION APPEAL ORDER AND NOW, this 15" day of March, 2013, the appeal filed in the above- captioned matter is: REMANDED to the Department of Transportation for correction of its records. 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 9--jt> A .m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. c a -p 3 w --1 rn BY THE n.. m z c �' xM ZQ 3 ©� z Attest: ' a � Cindy Docherty, c/o Stanley, 12 White Birch Ave., Mechanicsburg, PA 1'7050 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 a,pl eS Ma, 1 t'tl -311x113 A116 « F!L E 0-0F 1C LAW OFFICE OF LAURENCE C. KRESS y LAURENCE C. KRESS, ESQ. 2913 MAY 3 I AM 8 1 PA Bar No. 93137 105 North Front Street, Suite 303 L"UMBERLAND COUNTY Harrisburg, PA 17101 PENNSYLVANIA T (717) 972-0889 F (717) 972-0586 lckress @yahoo.com Attorney for Cindy Docherty, Petitioner IN THE COURT OF COMMON PLEAS FOR THE 9`''JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CINDY DOCHERTY, No. 12-7270 CIVIL TERM Petitioner V. DRIVER'S LICENSE CANCELLATION APPEAL COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for the Petitioner in the above-captioned matter. Dated: �y 3/r / �--� G- �—• oo LAURENCE C.KRESS, ESQ. CERTIFICATE OF SERVICE I certify that I have this day served the foregoing document by first-class mail, postage pre-paid upon the following: PHILLIP M. BRICKNELL, ESQ. PennDOT Riverfront Office Office of Chief Counsel 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Dated: S zs_//13 AURENCE C. KRE S, ESQ. CINDY DOCHERTY, IN THE COURT OF COMMON aka CYNTHIA L. COOPER PLEAS OF CUMBERLAND Petitioner CUMBERLAND COUNTY V. NO. 12-7270 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, DRIVER LICENSE BUREAU OF DRIVER LICENSING, CANCELLATION APPEAL Respondent ORDER AND NOW, this 27 ih day of June, 2013, following a hearing and with the agreement of the parties, the appeal of the cancellation of the driver license of Cynthia L. Cooper, OLN 25047124, is SUSTAINED and the cancellation of that driver license is RESCINDED. The appeal of the cancellation of the driver license of Cindy Docherty, OLN 27204442, is DISMISSED and the cancellation of that license will be REINSTATED. BY THE COURT: J\ Attest: .ALaurence C. Kress, Esq., 105 N. Front Street, Suite 303, Harrisburg, PA 17101 ,ZPhilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 rnm ri "CA M CD -<> nj c:_: r%j