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HomeMy WebLinkAbout13-1606 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 13 -- lG 6 6 q/63 7s�� (Type your me) C,001L Vs. Driver's License/Auto Registration Appeal -"•1f6 Commonwealth of Pennsylvania Department of Transportation _ Bureau of Drivers Licensing rnr- � �C' APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION �� � CD AND NOW,this(enter today's date) W"��U . 20 1 - .comes the Appellant, (Typ�'gprwr n�`aa et; by his/her attorney, and states�Follgws: 1. Appellant's PA operator's number or automobile registration number is: 2a 15�,C) 2zz� 2. PennDOT proposes, by Notice dated (insert"mailing" date here) , 20 to suspend Appellant's driving privileges Fl automobile registration for a 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. F1Appellant 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:)O� SA-e- c3 66L C-- cvF 1 -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 submitted, qju�� ( ign na ere) 0 V�,C�, �Y,,O� (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: Ilk- ype Name: SLM 0a, Address: Sk 944, \Iz City/State/Zip Code: (/►�es�iccnFx,S Q� (_2 Telephone Number: 4f[0��+33— C�? Z Email address: 501Act KT- 2 ^ . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : FEBRUARY 27, 2013 31 BELLA VISTA DR PROCESSING DATE 0212012013 DRIVER LICENSE # 29010772 MECHANICSBURG PA 17050 DATE OF BIRTH 07/11/1987 This is an Official Notice of the Suspension of Your driving privilege as authorized by Section 1533D of the Pennsylvania Vehicle Code . Your driving privilege will be suspended ef- fective 03/20/2013 at 12: 01 a.m. for failing to make regular payments on fines , costso and restitution for citation num- ber S02491016 (Amount Owed $126.50) issued on 09/26/2009. This citation is a result of your violation of Section 1511A of the Pennsylvania Vehicle Code. This suspension means that you will not be allowed to drive a motor vehicle on or after 03/20/2013 unless you are noti- fied in writing by PennDOT that your driving privilege is PLEASE READ THIS LETTER IN ITS ENTIRETY. THIS IS A FINAL ORDER OF SUSPENSION. THE ONLY WAY TO AVOID THIS SUSPENSION IS TO COMPLETELY FOLLOW THE DIRECTIONS BELOW FOR RESUMING YOUR PAYMENT SCHEDULE BEFORE THE EFFECTIVE DATE. IF YOU DO NOT FOLLOW THESE DIRECTIONS, THIS SUSPENSION WILL GO INTO EFFECT ON 03/20/2013. Before PennDOT can restore your driving Privilege, You must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION and PAYING THE RESTORATION FEE . You should follow ALL instructions very carefully. Even If you have served all the time on the suspension/nevocation, we cannot restore your driving privilege until all the requirements are satisfied. RESPONDING TO PHILADELPHIA TRAFFIC COURT In order to have your driving privilege restored you must follow the steps below: 1 . You must contact Philadelphia Traffic Court in Person(no phone calls) at : 800 Spring Garden Street Philadelphia , PA 19123-2690 t 130519232262931 2. Philadelphia Traffic Court will not notify PENNDOT to restore your driving privilege until the remaining bal- ance is paid in full . a . It is your responsibility to contact the Court and pay the remaining balance in full BEFORE 03/20/2^013 b. Do not mail or bring your payment to PENNDOT,. c. Do not mail or bring an 3L1-26 from Philadelphia Traffic Court to PENNDOT. Proof of payment must come directly from the court . 3. Contact the Court if this letter does not list an amount owed for this violation. 4. If your payment in full is accepted by the Court BEFORE 03/2012013, you will receive notice from PENNDOT re- garding the restoration of your driving privilege . COMPLYING WITH THIS SUSPENSION You must return any current Pennsylvania driver 's license, learner' s permit or temporary driver 's license (camera card) in your possession. You will not receive credit toward serving any suspension until we receive your documents . Complete the following steps to acknowledge this suspension: 1 . Return your current license , permit or camera card to the address below. If you do not have any of these items , complete and return one of the following : • A DL-16LC Acknowledgment form (available at any driver license center) • A notarized affidavit (letter) stating that you are aware of the suspension of your driving privilege 2. Be sure to sign the form or affidavit . 3. Return all items to : Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg , PA 17106-8693 4. If you do not receive a receipt from us within 3 weeks of mailing your documents , call our office immediately. PING THE RESTORATION FEE If you do not pay the balance in full to the Court §EFORE the suspension date, you will be suspended and must pay a restoration fee to PENNDOT to be restored. Complete the following steps to pay the restoration fee: 1 . Complete the enclosed Application for Restoration. The amount due is listed on the application. 130519232262931 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/revocat ion, Please follow the instructions listed under "Complying with this Suspension/Revocation" . APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, FEBRUARY 27, 2013, 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 certi- fied 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 Pay the balance in full to the court before 03/20/2013. Sincerely, � Z g et) Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION —:00 a .m._ to S:oo p.m. IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www.dmv . state .pa .us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J 10 a,-., No. 13-- I& Y (Type yo 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 M&-ck 2(- , 20 t3 �, 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,3rd Floor 1101 South Front Street Harrisburg,PA 17104-2516 Date: AAO_vc(,_ Z , 20(� Signature: ��✓` Type your Name: ©� Address: City/State/Zip Code: Telephone: 4(o 3oz, 0-22_ **This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,kNNSYLVANIA S(-)V\CA O _u No. i V Ll to {Print y our e} 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 day of 20 /: , a hearing is scheduled an the appeal of Petitioner for the day of ,24 /-� at 4? :60 AM in Courtroom # of the Cumberland County Courthouse, One Coulouse Square, 4t" Floor, Carlisle, v 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,P 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 -O:X w —t MCC! MM ? t!YAY1cj )>C- r l 4al SUNG HYEON NOH, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 13-1606 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, DRIVER LICENSE Respondent SUSPENSION APPEAL ORDER AND NOW, this 31't day of May, 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 —.m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: cr CL Attest: ✓Sung H. Noh, 31 Bella Vista Drive, Mechanicsburg, PA 17055 ✓�Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Va