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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 ~ ~ G' ~~'5 ""7'." , - ,:-=:J t-,'J '... .~..... _ _J --) "" 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 :sal r--:> = c;;:> C-, o C) o '"1'1 -l ::r.:~ rn-!...! ,_. -om --S.! 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