HomeMy WebLinkAbout06-4059
tJAiI-IW D. (0'(
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Appellant
vs.
File No. 0(,. 405'1 ~ T~
Commonwealth of Pennsyb/ania
Department of Transportatian
Appellee
PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE /
DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION
1. Appellant herein is Al~l'\ ~, c..o't
residing at and having a mc:i1ing address of:..J Ie n SClIkA-\-, ~ C\oJdel\ <3t.
C.c.rllsl, ) ~~ nO\;)
2. Appellee herein i, the Department of Transportation of the Commonvvealth of
Pennsylvania, having a maUng address of:
A Department of Transportation,
Pennsylvania 1:' 1 2i':' 1710Lf
_ Departmelt of Transportation, Bureau of Motor Vehicles, Harrisburg,
oo;(€ Clf <:'hi€.F CQ\)'l\$~1 Third .\=\ll()('}giv((-fw,
iwr99u sf Elri ...." L....BRSiR8, Harrisburg, 'O(f\(.(
UMt.r
Pennsylvania 17123.
3. By letter or notice dated "S'u.).( '2..3) 2t()L, , a copy of which is attached
hereto as Exhibit A, the Department of Transportation _I..
Qfllll^~
X ordered Appellant to surrender his / her i, L~ license / motor vehicle
registration for a period of _ 0 MOf't\.hS
denied the if;suance / renewal of a driver's license.
.
4. Supersedeas:
X--& Pursuant to 75 Pa.C.S.A. !j 1550(b)(1)(i!, Appellant is retaining driver's
licem.e until final determination of the suspension of operating privilege.
Pursuant to 75 Pa.C.S.A. !j 1550(b)(1 )(ii), a hearing attended by the
-~
Appellant 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. !j 1377(a), Appellant is retaining motor vehicle
regisration until final determination of the suspension of registration.
5. The said suspension of Appellant's operating privileges I registration is
impn,per or unlawful for the following reasons:
bid l\/}.LIlI\I\\Ll 1:.. hlt>.S It)."il'\b M.\L---.dr\v~('I.1 \\c.ef\SP.
6'
Appellant respectfully requests that this matter be set down for a hearing and that
the cder of suspension I order of denial be set aside.
Respectfully submitted by,
/fldjA,.} -iCY ~
ppellant
-2-
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JUNE 23. 2006
NATHAN D COY
1105 S SPRING GARDEN ST
CARLISLE PA 17013
WID. 061676194943133 DOL
PROCESSING DATE 06/16/2006
DRIVER LICENSE. 26592567
DATE OF BIRTH 08/01/1981
Dear MR. COY:
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 OS/23/2006 conviction of
violating Section 3743 of the Vehicle Code LEAVING SCENE OF
ACCIDENT on 11/04/2004:
. Your driving privilege is SUSPENDED fo~ a pe~iod of 6
MONTH(S) effective 07/28/2006 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. PAYING THE RESTORATION FEE and PROVIDING
PROOF OF INSURANCE. 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~iv-
ilege until all the ~equi~ements a~e 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 07/28/2006. You may
surrender these items before. 07/28/2006. 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 iden-
tification (e.g.. birth certificate. valid U.S. passport,
marriage certificate. etc.) in order to obtain Your photo
identification card.
You will not ~eceive c~edit towa~d se~ving any suspension
until we ~eceive YOU~ license(s). Complete the following
steps to acknowledge this suspension.
061676194943133
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 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 for
identification purposes. Please send these items to:
Pennsylvania Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your PennsYlvania
driver's licenseCs), learner's permitCs), 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 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 Ca) (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 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 Clisted 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.
061676194943133
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 nota-
rized letter stating yOU are aware of the suspension of
your driving privilege. Vou must specify in your letter
why yOU are unable to return your driver' s license.
Remember: Vou may not retain your driver's license for
identification purposes. Please send these items to:
PennsYlvania Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8693
2. Upon receipt, review and acceptance of your. PennsYlvania
driver's licensees), 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 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.
PAVING THE RESTORATION FEE
Vou 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.
061676194943133
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 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 change by calling any 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, JUNE 23, 2006, 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
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 07/28/2006.
Sincerely,
i;)re~
Janet L. Dolan, 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 (8:00
IN STATE
OUT-OF-STATE
TOO IN STATE
TOO OUT-OF-STATE
AM TO 6:00 PM)
1-800-932-4600
717-412-5300
1-800-228-0676
717-412-5380
. ,
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing PETITION FOR APPEAL
FROM LICENSE SUSPENSION by U.S. Mail, certified, return receipt requested, a true and
exact copy addressed to the following:
Date:~
OlJ 1I10~
DEPARTMENT OF TRANSPORTATION
Office of Chief Counsel
Third Floor, River Front Office Center
Harrisburg,PA 17104
Respectfully submitted,
~~~/
-~
~
DEPARTMENT OF TRANSPORTATION :
COMMONWEALTH OF PA,
Appellee
JUll 9 2006r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
VS
)JAfHAJJ D, CO Y
Appellant
NO. DC.. 40~c, ~ T~
ORDER OF COURT
AND NOW, this ;;>/I.... day of h . 200b, upon
consideration of the within Petition For Appeal From License Suspension, a
hearing is set for the ;If/I day of () ~
, 2004 at
L'-\ &) 0' clock ---L..m. In Courtroom No.
d.- of Cumberland County
Courthouse.
FURTHERMORE, the..motor vehicle license suspension in this case is
stayed pending the disposition of the appeal hearing.
J.
cc: George Kabusk, Esquire
For the Commonwealth
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COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NATHAN D. COY
06-4059 CIVIL TERM
ORDER OF COURT
AND NOW, this ~~ day of October, 2006, the petition for appeal from a
suspension of operating privilege/denial of driver's license/suspension of motor vehicle
registration, IS DISMISSED.
~orge H. Kabusk, Esquire
Office of Chief Counsel
Vehicle & Traffic Law Division
1101 S. Front Street
Harrisburg, PA 17104-2516
Aathan D. Coy, Pro se I:
1105 South Spring Garden Street .
Carlisle, PA 17013 4
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