HomeMy WebLinkAbout02-2821Commonwealth of Pennsylvania
Department of Transportation
Appellee
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
File No. 02,. 2.~,,z,I, ~
PETITION FOR APPEAL FROM A SUSPENSION OF OPERATING PRIVILEGE /
DENIAL OF DRIVER'S LICENSE / SUSPENSION OF MOTOR VEHICLE REGISTRATION
1. Appellant herein iS
residing at and having a m&iling address of: J~ ~oJJf, z~C H,'II RF)
2. Appellee herein is the Department of Transportation of the Commonwealth of
Pennsylvania, having a mai~ing address of:
~ Department of Transportation, Bureau of Driver Licensing, Harrisburg,
Pennsylvania 17123.
Departme.~t of Transportation, Bureau of Motor Vehicles, Harrisburg,
Pennsylvania 17123.
3. By letter or notice dated /~)~aL/~/: ~ (~?~ , a copy of which is attached
hereto as Exhibit A, the De;~artment of ~ransportation
~ ordered Appellant to surrender his / her o~at~ing licen~/ motor vehicle
registration for a period of
/
__ denied the issuance / renewal of a driver's license.
4. Supersedeas:
Pursuant to 75 Pa.C.S.A. § 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. § 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. § 1377(a), Appellant is retaining motor vehicle
regis .ration until final determination of the suspension of registration.
5. The said suspension of Appellant's operating privileges / registration is
improper or unlawful for the following reasons:
, ..~ , , - / / , ' ,
Appellant respectfully requests that this matter be set down for a hearing and that
the c¢der of suspension / order of denial be set aside.
Respectfully submitted by,
Appellant
-2-
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: MAY $1, 2002
MICHAEL R ALEXANDER
138 COLLEGE HILL RD
ENOLA PA 17025
WID ~ 021447162319591 001
PROCESSING DATE 05/24/2002
DRIVER LICENSE ~ 27410307
DATE OF BIRTH 08/31/1979
Dear MR. ALEXANDER:
This is an 0~tctal Notice o~ the suspension of your Driving
Privilege as authorized by Section 15~S of the Pennsylvania
Vehicle Code. As a result of your 05/17/2002 conviction of
violating Section 15qiA of the Vehicle Code DRIVING WHILE
SUSP/REVOKE on
Your driving privilege is SUSPENDED ~or a period of 1
YEAR(S) e~fectlve 05/31/2002 at 12:01 a.m.
This suspension is in addition to any other suspensions al-
ready on your record.
COMPLYING WITH THIS SUSPENSION
PennDOT records indicate that your driving privilege is
currently suspended. You N111 not recelve cpedtt toNaPd
serving any suspension untll we Pecelve your acknowledgment
form. Complete the following steps to acknowledge this sus-
pension:
1. Complete the enclosed DL-16LC acknowledgment form.
2. Be sure to sign the form.
$. Return the form to:
Pennsylvania Department of Transportation
Bureau of Driver Licensing
P.O. Box 68695
Harrisburg, PA 17106-8693
q. Upon receipt, review and acceptance of this acknowledg-
ment, PennDOT will send you a receipt confirming the
date that credit began. If you do not receive a receipt
from us within 3 weeks of mailing your documents, 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.
021~47162519591
PROVIDING PROOF OF INSURANCF
N/thin the last $0 days of your suspension/revocation, Ne
will send you a letter asking that you provide proof of
surance at that time. This letter will list acceptable
documents and what w111 be needed if you do not own a vehicle
registered in Pennsylvaniao '
Important: Please make sure that PennDOT is notified if you
move from your current address. You may net/fy 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, NAY $1, 2002, of this letter. Z~ you ~tle an appeal
in the County Court, the Court w111 glve you a time-stamped
certified cody o~ 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 1710~-2516
Remember, this is an OFFICIAL NOTXCE OF SUSPENSION. You
must return the enclosed DL-16LC acknowledgment form to
PennDOT ZHHEDZATELY.
SEND FEE/LICENSE/DL-16LC/TO:
Department of Transportation
Bureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA 17106-8695
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
INFORMATION (7=00 AM TO 9=00 PM)
IN STATE 1-800-932-q600
OUT-OF-STATE 717-$91-6190
TDD IN STATE 1-800-228-0676
TDD OUT-OF-STATE 717-$91-6191
APPELLANT
V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. o~-- 0.~';~ i ~ 'T-,-.-
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION BUREAU OF
DRIVER LICENSING
AND NOW, this Ill'day of
shall be held on ~b)5(day of
at the Cumberland County Courthouse.
ORDER OF COURT
,20 I~ based upon Appellant's Appeal, a hearing
,20~., in Courtroom [ at ,,9"dO o clock _~.m.
L
MICHAEL R. ALEXANDER, :
Appellant :
:
V. :
:
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION :
BUREAU OF DRIVER LICENSING, :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Appellee : 02-2821 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of August, 2002, upon
consideration of the 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 at which the evidence indicated that the present appeal
from license suspension is a collateral attack upon an underlying
conviction, which effected the suspension, the appeal is denied,
and the suspension of the Appellant's operating privileges noticed
by the Department of Transportation by written communication dated
May 31, 2002, is affirmed.
By the Court,
J.l/We-sley O1~ Jr. ~
Michael R. Alexander, Appellant Pro Se
138 College Hill Road
Enola, PA 17025
George H. Kabusk, Esquire
Office of Chief Counsel
1101 South Front Street - 3rd Floor
Harrisburg, PA 17104-2516
For the Appellee
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