The URL can be used to link to this page

Home My WebLink About14-0816 Supreme Co Pennsylvania _ ' leas COU Ofd Co For Prothonotary Use Only: C>< il Sheet a Docket No: / 1 County Uf L = II I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA, 1 (� G Nakia N. Byrd No. (Type your name) e�� Q Vs. Driver's License/Auto Registration Appe-Cb Commonwealth of Pennsylvania rte— ° ' Department of Transportation ` y>c-) Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION -; Fo AND NOW,this(enter today's date) 2014 .comes the Appellant, (Type yo�jr name)., Nakia N. Byrd ,by his/her attorney, Gregory H.Knight, Esquire and state as follows: 1: Appellant's PA operator's number or automobile registration number is: 27656573 . 2. PennDOT proposes, by Notice dated(insert"mailing" date here) November 21. , 20j3 •to suspend Appellant's 17driving privileges automobile registration for a period of(Insert length of suspension) i one year pursuant to Section 1543 A of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) December 26 2013 I ****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) i ❑ 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,bR is currently under appeal. (Attach a copy of the court docket this Appeal). Other(Specify reason:) i I I I 1 I -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 automo bile.registrMion: L Respectfully submitted, (Sign name he e) c Nakia N. Byrd (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: L C�j�t-P�w2 lCn% W-� Type Name: Nakia N.Byrd Address: 2141 Cedar Run Drive Apartment 302 City/State/Zip Code: Camp Hill, Pennsylvania 17011 Telephone Number: 717.608.0525 Email address: Nakia.Byrd @ mail.com 2 I PENNOOT CHIEF COUNSEL Fax 717+705+1122 Feb 10 2014 09:30am P002/004 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver licensing Mail Date: NOVEMBER 21, 2013 NAKIA NACOLE BYRD WID 13318 283753347 Doll 2141 CEDAR RUN DRIVE PROCESSING DATE 11/14/2013 APT 302 DRIVER LICENSE # 27656573 ; CAMP HILL PA 17011 DATE OF BIRTH 10/01/1985 Dear MS. BYRD: This is an Officia; Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code. As a result of your 11/13/2013 conviction of Violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 10/16/2013: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 12/26/2013 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 suspansion/revocation, . we cannot restore your driving priv- ilege until all the requiraments 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 12/26/2013. You may surrender , these items ',before, 12/26/2013, for earlier credit; however, yo'u . 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 (z) forms of proper iden- tification (e.g. , birth certificate, valid U .S. Passport , marriage certificate, etc. ) in order to obtain your photo identification card.. You will not rece.iv+i credit toward serving any suspension until we receive your . licenseCs) • Complete the following nowledge this suspens . Steps t0 ack ion , I i I PENNDOT CHIEF COUNSEL Fax 717+705+1122 Feb 10 2014 09:30am, P003/004 I 133189283753347 3 . 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 nota- rized 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 far identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P.U. 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 con- firming the date that credit began. if you do not re- ceive 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 Pro- ducts, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a) (4) of the Pennsylvania Vehicle Code. PAYINjo THE RESTORATION EE j 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". i i PENNDOT CHIEF COUNSEL Fax 717+705+1122 Feb 10 2014 09:31am Puu4luu4 133189283753347 PR01(IDI G PROOF OF INSURANCE__ Within the last 30 days of your suspensxonlrevocation, we will send You a letter asking that You provide proof of in- surance 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 charge by calling a ny 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, NOVEMBER 21, 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 stamped mail to: e to be valid, you must send this time-stamped certi- fied copy of the appeal by certifi Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, piverfront Office Center Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver licehse products to PennDOT by 12/2 Sincerely, Janet L, Dolan., Director Bureau of, Driver Licensing INFORMATION (8: 00 AM TO 5100 PM) S END FEE/LICENSE/DL-I6LC/TO: IN STATE 1-800-532-4600 Department of Transportation OUT-OF-STATE 717-412-5300 Bureau of .Driver Licensing TDD IN STATE 1-800-228-0676 p.4. Box 68693 TDD OUT-OF-STATE 717- 12-5380 Harrisburg, PA 17106-8693 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NrL V4 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 one I� 20Y 14 I 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: \Iv l , 2014 Signature: 1 V Type your Name: Gregory H.knight Address: 2 Northfield Way City/State/Zip Code: Mechanicsburg, Pennsylvania 17050 Telephone: 717.249.5373 **This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** i i In Forma Pauperis Form Na 0" N 1 k A IN THE COURT OF COMMON PLEAS OF Plaintiff��`(Q� CUMBERLAND COUNTY PENNSYLVANIA V. 1 NO.2014- �l� CIVIL TERM Cnwwo,twe"M Of�Qwr,)V;14 7gp&'n --6 F (�au�r� De ndan// qee IN - f�I-- PRAECIPE TO PROCEED IN FORMA PAUPERIS _' '`r"� CD To the Prothonotary: n !wy FA Kindly allow, 1 �� Plaintif efendant,to proceed in forma au eris. ` I, C7t/e (4- 1C`"1 5 attorney for the party proceeding in forma a�Uperis,certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. I Esquire Attorney for Plaintiff/Address y (�rVF-�•t& T'Ulk t City, State ZipUAedAQ% cs6UV`1��(AV(.f Vc�4t� Phone Number ( �(J 7(7 74-9- 373 z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Nakia N. Byrd /9 -9 /am/ e4), No. / � (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 vl� day;of , 20 IL( a hearing is scheduled on the appeal of Petitioner for the o'C-" day of 20 14 at Q :30 ,A M in Courtroom #o1-'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,3'1 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, I Judge lie, pal . t C r.s 044/ -P. ad LAC =1-11 rn a/a,On r-2t :.r." Ca cz rrl C, (J Nakia Byrd Vs. Commonwealth of Pennsylvania Department of Transportation In the Court of Common Pleasof Cumberland County, Pennslvania Docket # 2014-816 CIVIL CERTIFICATE OF SERVICE AND NOW, | confirm that | have served, on the date noted of the Order Scheduling Hearing on Appeal upon the following person by first class U.S. mail: Philip M. Bricknell, Assistant Counsel Department of Transportation Vehicle and Traffic Law Division Riverfront Office Center 1101 South Front Street 3rd Floor Harrisburg, Pennsylvania 17104-2516 6 *� ��v �' � �x • _� Gregory H. Knight, Esquire Knight & Associates, P.C. Attorne y. D. #. | D # 30622 2 Northfield Way Mechanicsburg, PA. 17050 Attorney for Appellant KN.GHr.. &&.:Assoc Es P.C. Attorney at Law Philip M. Bricknell, Assistant Counsel Pennsylvania Department of Transportation Vehicle and Traffic Law Division Office of the Chief Counsel 1101 South Front Street 3`d Floor Harrisburg, Pennsylvania 17104 -2516 March 6, 2014 Re: Nakia Byrd v. Commonwealth of Pennsylvania Department of Transportation (Docket 112014 -816 Civil)- Cumberland County Court of Common Pleas Dear Mr. Bricknell: In accordance with the attached Order of Court, a hearing has been scheduled for 9:30 a.m. on June 2, 2014 before Judge Ebert. Several weeks ago, I left you a voicemail about this pro bono referral from the Cumberland County Bar Association. As noted in that voicemail, I have also filed a Petition for a Nunc Pro Tunc Appeal, which if granted, and if amended as the affiant officer agreed to do so, would result in an amended notice to PennDot . I believe that amended notice would eliminate the need for the June 2, 2013 hearing as it would require that PennDot rescind the Notice of Suspension dated November 26, 2013. A hearing on that Petition has been scheduled for 2:00p.m.on March 25, 2014 before Judge Peck. Please contact me should you have any questions. Sincerely, Knight & Associates Attachment GHK /pac rt Gregor H.Kni ht 2 Northfield Way Mechanicsburg, PA 17050 0 717 -249 -5373 717 - 249 -0457 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA Nakia N. Byrd (Print your. name) ' Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No. Driver's License /Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL AND::NOW;•th s ..:` on the appeal of 'Petitioner for .the , o�"� day of , a hearing is ,scheduled,: ;20 f`J' 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. r , 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 ngthat service was made on the Commonwealth of Pennsylvania. ry rl rn ( r— < 0 CZ, Trn co NAKIA N. BYRD , Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 14-0816 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 2nd day of June, 2014, the appeal filed in the above - captioned matter is REMANDED to the Department of Transportation for correction of its records. BY THE COURT: Attest: /regory H. Knight, Knight & Associates P.C., 2 Northfield Way, Mechanicsburg, PA 17050 /Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 C- r