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Home My WebLink About05-3904 COMMONWEALTH OF PENNSYLVANIA DEP ARTMENT OF TRANSPORT A TION BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ; NO, Os-- J1o( u:;J, ~ vs. : APPEAL FROM DRIVER LICENSE SUSPENSION RACHEAL LYN BENNETT, Appellant PETITION FOR APPEAL FROM DRIVER LICENSE SUSPENSION I. Appellant Racheal Lyn Bennett is an adult resident of Pennsylvania residing at 29 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 2. By letter dated June 29, 2005, Appellee sent notice to Appellant that her driving privileges would be suspended for 365 days as mandated by ~1539 of Vehicle Code. A copy of this letter is attached hereto, 3. This sanction was imposed on the basis that Appellant had accumulated II points and had three previous suspensions of her driving privileges. 4. Appellant had no previous suspensions. 5. Appellee apparently imposed three suspensions for failure to respond to the same traffic citation without justification. 6. The two additional suspensions were actually duplicates of the original suspension and therefore should not be considered additional suspensions. WHEREFORE. Appellant Racheal Lyn Bennett requests this Court to reverse the decision of Appellee. Respectfully submitted, ones, Esquir At 0 ey for Appell 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 Fax (717) 240-0066 ikiones@pa.net VERFICATlON 1 verify that the facts set forth in the foregoing Petition for Appeal from Driver License Suspension are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. '\'S> ~ COMMONWEALTH OF PENNSYLVANIA ~()~ DEPARTMENT OF TRANSPORTATION \~~ Bureau of Driver Licensing / \~ Harrisburg, PA 17123 JUNE 29, 2005 ;,0 - ~- \"':JJ RACHEAL LYN BENNETT 29 FAITH CIRCLE CARLISLE PA 17013 WID. 051739283024019 001 PROCESSING DATE 06/22/2005 DRIVER LICENSE * 25350432 DATE OF BIRTH 04/09/1973 uear Motorist: As a result of your conviction of violating section 3362 of the Vehicle Code EXCEEDING MAXIMUM SPEED on 06/21/2005. 4 points have been assigned to your record. Your total point accumulation is 11 points. Since your point record shows an points, a sanction of 365 DAY(S) is mandated bY Section 1539 of the Vehicle accumulation of herebY imposed Code. 11 as In order to comply with this sanction YOU are required to return any current driver's license, learner's permit and/or temporary driver's license (camera card) in Your possession no later than the effective date listed. If YOU cannot complY with the requirements stated above, YOU are required to submit a DL16LC Form or a sworn affidavit stating that YOU are aware of the sanction against your driving privilege. Failure to complY with this notice shall result in this Bureau referring this matter to the PennsYlvania State Police for prosecution under SECTION 1571(a)(4) of the Vehicle Code. Although the law mandates that your driving privilege is under suspension even if YOU do not surrender your license, Cl'edit will not begin until all current driver's license product(s), the DL16LC Form, or a letter acknowledging Your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGEMENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The effective date of suspension is 08/03/2005, 12:01 a.m. 051739283024019 Please see the enclosed application for restoration fee information. You will be notified of any outstanding restoration requirements approximatelY 30 days before the eligibility date of the restoration of your driving privilege. You must follow those instructions very carefully in order to have your driving privilege restored. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, JUNE 29, 2005, of this letter. If you file an appeal in the County Cou~t, the Cou~t will give you a time-stamped ce~tified 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 SincerelY, ~~.~ Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TDD IN STATE TDD OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 ): ;.. '\ ~ .ia 0\ -- '^ ~ ~ \ {)- ~. v 4, ..... Cj ~ (;.. \ ,-..., . --~ 0 -'-, -'0'1 c.n C_~ --1 , ~r: 1 n'1 ~ r--,) I..J.-) ...,,: _....~ CD ::<. 'J.-. RfCFI'!c'l,JUG OJ t: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appel1ee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNT, PENNSYLVANIA vs. : NO. .05"- 3101 : APPEAL FROM DRIVER LICENSE : SUSPENSION RACHEAL L YN BENNETT, Appel1ant ORDER AND NOW, this :yd day of ~ ' 2005, upon consideration of Appel1ant's Petition for Appeal from Driver License Suspension, a hearing on the matter is scheduled ~tffJ. dayof &--~ ,2005 at 1.'3tJ for the -{2. m. in Courtroom Number ~ of the Cumberland County Courthouse. Pending said hearing, Appel1ee is directed to reinstate Appel1ant's d ' . / BY TtW'COURT,// / '<< ~~ J. ~ ~~ ;}~), co <'" N (.'1.- '~~. ~~....U~. '? ...... ....L- <"'~'- ....- LI_ C) r,9 ~.:::~ \~ E., ,-" 4j fl 'f{ ~~ , ~ ~~~ w .\, ir, . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0).- J '70 If vs. : APPEAL FROM DRIVER LICENSE : SUSPENSION RACHEAL LYN BENNETT, Appellant CERTIFICATE OF SERVICE I certify that I am more than 18 years of age and that on August I., 2005, I served a copy of Petition for Appeal from Driver License Suspension on the following parties in this matter: Name and Address Mode oj[ Service Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Certified mail, P08tage pre-paid I certifY under penalty of perjury that the foregoing i8 true and correct. Date: August 16, 200' J . Jones, Esqui rvine Row Carlisle, PA 17013-3019 (717) 240-0296 Fax (717) 240-0066 jkjones@pa.net , <0 CJ Ul ru U.S. Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mati Only; No Insurance Coverage Provided) ru .:t' ru . ~ LRwm=: $ ::: c orsement Required) o Restrlcted Dellvety Fee ....=t (Endoraement Required) Ul ru lbtaJ_&F... $ $~.65 wQ.r;/; '71Q,211AL ~~ / , $0.00 05/ .:t' g I .PA Dept. of Transportation I'- llmiitAjj;:J'liir.....srd...r>i...1tiverfTtmt...Of"f...Ce orPOBoxNo. Q+f ' " . Ci6r;.SitiiO;Zi........ ..... .J.~...Q........Chl.e.L.c.OUrL5.eL. Harr~sburg, PA 17104-25 \ . Complete items 1. 2, and 3, Also complete nem 4 ff Restrtcted Delivery Is desired, . Print your name and address on the reverse so that we can retum the card to you, . Attaeh this card to the back of the mallplece. or on the front It space pennits. enter a Agent 0_ gf 1.ArtI~_tO: PA pt. of ~ansportation Off! e of Chief Counsel 3rd 1., Riverfront Office Harrisburg, ,PA 17104-2516 Of~.~~_l? Vel... ,IWIlIPl'lllnll_relow: 3, Servlce"JYpe QI( certffIed Mail Cl ex",... Mail Cl Reglstenld Cl Retum Receipt for ~handlse Cllnsured Mail Cl C,O,D, 4. Restricted Delivery? (ExfnI Fee) Cl Yes 2. MeleNumOor 7004 2510 0003 1242 2508 (Tf8nsfer from SElrvice 1ibiI) PS Form 3811. March 2001 Domestic Return Receipt 10259&OH.H424 ( ! ~ ( , \ i ) , J G s:~ -t) i::\ \J;F Uj ~ i~~~ :~ "-' = = <J"' :0>" C C-, ~ :t!, ::n nlTi 119 (:)0 --',!-,; ':l..-n G)o orn -4 ~ '< -' ::P' :::E: Cl COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF TRANSPORTATION : CUMBERLAND COUNTY, PENNSYLVANIA BUREAU OF DRIVER LICENSING, Appellee : NO. 05-3904 CIVIL vs. : APPEAL FROM DRIVER LICENSE SUSPENSION RACHEAL L YN BENNETT, Appellant PRAECIPE Appellant Racheal Lyn Bennett withdraws the Appeal From Driver License Suspension filed in the above matter. Respectfully submitted, s K. Jones, Es e tomey for Appe lant 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 1-' "-I C:':J