HomeMy WebLinkAbout13-3614 Supreme Co 'nnsylvania
Cour_ :Commo Pleas For Prothonotary Use Only:
x.11 ilferh et Docket No: p f,
j'. County
141
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Commencement of Action:
S Complaint 7 Writ of Summons 0 Petition
0 Transfer from Another Jurisdiction L.l Declaration'of Taking
E
C Lead Plain if's Name: Lead Defendant's Name:
T Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? 0 Yes No (check one) outside arbitration limits
O
N Is this a Class Action Suit? Yes 5 , No Is this an MDJAppeal? Yes No
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Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
VA M D No. )-3 - 3 &xJ
(Type your name C-)
C=
Vs. Driver's License/Auto Registration Appn�
Commonwealth of Pennsylvania n cz)
Department of Transportation <C:)
> C�
C-)
Bureau of Drivers Licensing
APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION
AND NOW, this (enter today's date) 20 comes the Appellant, (Type your name)
b4is her attorney, and states as follows:
1. Appellant's PA operator's number or automobile registration number is:
2. PennDOT proposes, by Notice dated (insert "mailing" date here) 20—a to suspend
Appellant's 'driving privileges 1-1 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 Z —Z,
****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)
F1The police lacked reasonable grounds to stop Appellant and/or request Appellant to submit to a chemical
test.
F-1 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).
DOther(Specify reason:)
-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,
(Sign name here)
VA-IJ Y)AAM
(Type name herd)
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: V gntl a
Address: e? I V D 6 h 64 C 1-4.Iv C
City/State/Zip Code: 6 OL vA 4-►' U � A -1710 t
Telephone Number:
Email address:
0�
7_5�-- (-,* <A Utter }
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MAY 27, 2013
I
VAN TN PHAM WID # 131409283360539 001
214 ST JOHNS CHURCH RD PROCESSING DATE 05/20/2013
DRIVER LICENSE # 24387715
CAMP HILL PA 17011 DATE OF BIRTH 09/01/1943
1
I
Dear MS. PHAM: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 05/17/2013 conviction of
violating Section 3736 of the Vehicle Code RECKLESS DRIVING
on 05/11/2013:
■ Your driving privilege is SUSPENDED for a period of 6
MONTH(S) effective 07/012013 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 07/01-/20-1-3—. You- may.- -- ----- _
surrender these items before , 07/01/2013, 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.
F
131409283360539
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--Tra-n-s-p-o-rtat3-on - -- --
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 three (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_youur _restorat.ion_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" .
.3
131409283360539
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 -o-f—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, MAY 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 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 07/01/2013.
Sincerely,
Ww
Janet L. Dolan, Director
Bureau of Driver Licensing
SEND FEE/'LICENSE/DL-16LC/T0: INFORMATION (8:00 AM TO 5:00 PM)
Department of Transportation IN STATE 1-800-932-4600
Bureau of Driver Licensing OUT-OF-STATE 717-412-5300
P.O. Box 68693 TDD IN STATE 1-800-228-0676
Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
fA�j �n in No. /2-31olV
(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
j LLAS C.
AND NOW, this -day ot7 , 20 a hearing is scheduled
7��.
on the appeal of Petitioner for the 0��& -day of �
20a at M
in Courtroom # b 1-1 of the Cumberland County Courthouse, One Courthouse Square, 4`h 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,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
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VAN TN PHAM, i IN THE COURT OF COMMON
Petitioner • PLEAS OF CUMBERLAND
: CUMBERLAND COUNTY
v.
•
COMMONWEALTH OF PENNSYLVANIA, : NO. 13-3614 CIVIL TERM
DEPARTMENT OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING, : DRIVER LICENSE
Respondent SUSPENSION APPEAL
ORDER
AND NOW, this 2nd day of October, 2013, the appeal filed in the above-
captioned matter is:
REMANDED to the Department of Transportation for
correction of its records.
DISMISSED and the suspensions which are the basis of this
appeal shall be REINSTATED.
SUSTAINED and the suspensions which are the basis of
• this appeal shall be RESCINDED.
WITHDRAWN and the suspensions which are the basis of
this appeal shall be REINSTATED.
CONTINUED and RESCHEDULED for the day of
, 2013, at .m., in Courtroom
cp ' Room No. of the Cumberland County Courthouse,
D= Carlisle, Pennsylvania.
Lt cn
= • BY THE COURT:
, °e—e/C
J.
Attest:
Xan Tn Pham, 214 St. John's Church Road, Camp Hill, PA 17011
✓Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel,
3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516
P 14€.3 Yr&LEL
/0/3/a
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