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HomeMy WebLinkAbout06-1319 -:::Tl,,( 1.-:;:: FT ;::uU ell. Appellant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA vs. File No. eJG, - /3/" /J"". .,--,-. 7 ~u I~,. Commonwealth of Pennsyl'Jania Department of Transportati:m Appellee PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE I DENIAL OF DRIVER'S LICENSE I SUSPENSION OF MOTOR VEHICLE REGISTF:ATION 1. Appellant herein is -:StALl: ET FLIr /..-/...ffR- residing at and having a mc.iling address of: 5 [11 Fil2S t stIce t: C/t(2./\Sle.- I PA IrDI3 2. Appellee herein i -; the Department of Transportation of the Commonv\ealth of Pennsylvania, having a mai ing address of: 'f.,. Departme, It of Transportation, Bureau of Driver Licensing, Harrisburg, Pennsylvania 17123. Departmelt of Transportation, Bureau of Motor Vehicles, Harrisburg, Pennsylvania 17123. 3. By letter or notice dated ':1/IO/oL1 ( , , a copy of which is attached hereto as Exhibit A, the De::>artment of Transportation X ordered Appellant to surrender his / her operating license I mot::>r vehicle registration for a period of 15 -'DC\."j~ denied the issuance / renewal of a driver's license. ! \ ~COM:ONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver licensing Mail Date: FEBRUARY 10, 2006 JULIET A M FULLER 547 FIRST ST WID. 060346543005160 002 PROCESSING DATE 02/03/2006 DRIVER LICENSE. 25810207 DATE OF BIRT~ 05/14/1958 CARLISLE FA 17013 Dear MS. FULLER: u This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1538 of the Pennsylvania Vehicle Code. As a result of your departmental hearing: . Your driving privilege is SUSPENDED fo~ a pe~iod of 15 DAYlS) effective 03/17/2006 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 and PAYING THE RESTORATION FEE. You should follow ALL inst~uctions ve~y ca~efully. Even if you have se~ved all the time on the suspension/~evocation, we cannot ~esto~e YOu~ d~iving p~ivilege until all the ~equi~ements a~e satisfied. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driverls licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 03/17/2006. You may surrender these items before, 03/17/2006. 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 10.00. You must present two (2) forms of proper identification le.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You will not ~eceive credit towa~d se~ving any suspension until we ~eceive you~ license Is) . Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver 's licenses, learner's permits and/or camera cards to PennDOT. If 060346543005160 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: 3. Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 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 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. 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. .~ .-, ~ 2. oi 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 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. f'\ \\y r \ / 060346543005160 -r 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 10,2006, of this letter. If you file an appeal in the county Cour-t J the Cour-t will give yOU a time-stamped cer-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 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return al~ -".-- eMt P~nsYlvania driver license products to PennDOT bY~.2000 'i' Sincerely, , :6reVJJ /Janet L. Dolan, Acting Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 6:00 p.m. 1-800-932-4600 TDD IN STATE 717-412-5300 TDD OUT-OF-STATE www.dmv.state.pa.us 1-800-228-0676 717-412-5380 IN STATE OUT-OF-STATE · WEB SITE ADDRESS ) 4. Supersedeas: 1 Pursuant to 75 Pa.C.S.A. fj 1 550(bIl1) (i!, Appellant is retaininq driver's licence until final determination of the suspension of operating privilege. Pursuant to 75 Pa.C.S.A. fj 1550(b)(1 Hii), a hearing attended by the Appe,lant must be held before the Court of Common Pleas before an order of supe sedeas can be issued. Pursuant to 75 Pa.C.S.A. fj 1377(a), Appellant is retaining motor vehicle regisration until final determination of the suspension of registration. 5. The said suspension of Appellant's operating-privil~ I regiscration is ~ impr!per or unlawful for the following reasons: r.t....c (!) J:: kA-J e.. NO /J'c<:u;u~tJ tJh n~ ~ i21..{~U, ~^1toe",- 'ffa~' ilL ~cW-t- w~ ~ (;.):r. f.M}t,. htl'YV li~~~ ~ .~ ~ <fl'~ (,v.ctL~4 Q ~~() ~d~. IJ-d tltL ~Rut; I bhX~~ . ~_-H- ~.. ~.v.u~~ a~~} ct~l1. ko~ ;-f-(5o~.-_Qj:;uZu~~I ,," . -." .- , ...... - AppeITantrespectfully requests tnilf this mattei'be Jet down fora' h'earing and i:'f1at"- the cder of suspension I order of denial be set aside. Respectfully submitted by, ~k () \~ Appellant -2- L~t-bL~i~ ~ Pev;y aLe;) S (~~~J fVJ. .~ l\J.-~l 4. 'l.u.. ~ ~ .~L ~(..1 Iff~~ .~ E;l.C.i.M.cA.,'Nj :;L~~......s. )".. /J .~ ).lL{.~ ~~^tdw ~,t.( Gt~~Ld~-t . b>> h Ff..v\-~~ vYv ft.,.v; C<;ta.t-- I verify that the statements made in this Petition are true and correct. unde stand that false statements herein are made subject to the penalties of 18 Pa.C S.A. ~ 4904, relating to unsworn falsification to authorities. Date 3/0 fo Iv 6 I ' ck&J JzJW () Appellant -3- " " ~ R,; ~ ~ '..'.) 'v'- IJ.... ' \~ ~""" ;", \'\ '\5 ~ \p, ~ \,,) \j."*-.'), '\.. .' "-. \' \t' 1. l~. ~ tL ~ ~ l j-;/ I l'-' DEPARTMENT OF TRANSPORTATION PLEAS COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA IN THE COURT OF COMMON CUMBERLAND COUNTY, v. NO. IJ" 13 If CwJ -::sL1 t- rEI Full u2.. Appellant CERTIFICATE OF SERVICE I hereby certifY that on this date a true and exact copy of the foregoing Petition for Appeal from License Suspension was sent to the following address by United States Mail, certified, return receipt requested: DEPARTMENT OF TRANSPORTATION Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, P A 17104 Date >1 (1) c ~~ I ( R4:::rM. " ~ ,~" ,'] ___1, --_..-_.-~--- COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appe\1ee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JULIET FULLER, Appe\1ant NO. 06-1319 CIVIL TERM ORDER OF COURT AND NOW, this 17'h day of March, 2006, upon consideration of the Petition for Appeal from a Suspension of Operating Privilege/Denial of Driver's License/Suspension of Motor Vehicle Registration, a hearing is scheduled for Monday, May 22, 2006, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. APPELLANT IS ORDERED to file and serve upon Appe\1ee a supplement to the petition indicating in what respect the suspension is unlawful. This supplement must be filed within 20 days of the date of this order. If such a supplement is not timely filed, the appeal wi\1 be deemed automatica\1y dismissed. BY THE COURT, ,'j/~f!jl ~WeSley Oler; Jr., J. George Kabusk, Esq. Office of Chief Counsel vP'a. Dept. of Transportation 3rd Floor, Riverfront Office Center ~ 1101 South Front Street Harrisburg, PA 17104-2516 f)\o . ;)~ o " <' . COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JULIET FULLER, Appellant NO. 06-1319 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of May, 2006, upon consideration of the Petition for Appeal from a Suspension of Operating Privilege/Denial of Driver's License/Suspension of Motor Vehicle Registration filed by Juliet Fuller in the above-captioned case, and it appearing that the basis for her appeal is contained on a page which was out of proper sequence in the petition, the paragraph of the order dated March 17, 2006, directing Petitioner to supplement the petition with respect to the basis for her appeal is vacated. THE HEARING DATE and time of May 22,2006, at 1:30 p.m., shall remain as scheduled. ~orge Kabusk, Esq. Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office Cente\ 1101 South Front Street Harrisburg, PA 17104-2516 ~ -~\) ~\Y o ~ .. ~, VlNV^1ASNN3d A.J.N{1('(J (1~:If1>338r<<lO 8016 \old S- AYW 900Z AHV1ONOH.l0l:Jd 3H.1. :lO 30l:l:KXl31l:l . ~ '- ~iiet Fuller 547 First Street Carlisle, PA 17013 :rc . , "., ..- 'A~ ~ COMMONWEAL TH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JULIET FULLER, Appellant NO. 06-1319 CIVIL TERM ORDER OF COURT AND NOW, this lOth day of May, 2006, upon request of Appellant and with the agreement of Appellee, the hearing previously scheduled for May 22, 2006, on the Petition for Appeal from a Suspension of Operating Privilege/Denial of Driver's License/Suspension of Motor Vehicle Registration, is rescheduled to Thursday, July 6, 2006, at 11 :00 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. ~rge Kabusk, Esq. Office of Chief Counsel Pa. Dept. of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, P A 17104-2516 ~ ^ ~ 't/\N'1t\lASNN3d I 11\ i\-Ie{\ .....,.1. "-,", '.....r;IA.\!V\ I\J...Pi I.., ,.."r" ",: /~..t:1tJ~ 'fl hJ ,,2 :8 ~M "AVW 9GUl A. rwj Oi~ ,;,,' 'i '\'..ld :l.UI .10 bv..l. 1\'Vrl...t..i..... ....ru.... -,.." '-\1" O-J1U :l...)tt1j- :J 0 '" ' . vlUliet Fuller 547 First Street Carlisle, PA 17013 :rc COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v JULIET FULLER, Appellant NO, 06-1319 CIVIL TERM IN RE: PETITION FOR APPEAL ORDER OF COURT AND NOW, this 6th day of July, 2006, upon consideration of Appellant's Petition for Appeal from a Suspension of Operating Privilege/Denial of Driver's License/Suspension of Motor Vehicle Registration, and following a hearing held on this date, the appeal is dismissed, and the suspension imposed by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing is affirmed, By the Court, ~ Wesley ~rge Kabusk, Esquire Office of Chief Counsel Pa, Dept, Of Transportation 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For Appellee ~uliet Fuller 547 First Street Carlisle, PA 17013 Appellant :mae ~ ~ o ~ 9 \:2 L\ 9- "