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Home My WebLink About10-67855 r ACT 2 61010 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE v. NIVERTITI GEAITH, APPELLANT Driver License No.: 29890224 :.~ ~~ " lX~ 0 S ORDER AND NOW, this ~ d y of , 20010, upon consideration of the -f.~ Appellant's Notice of Appeal of License Suspension, a Hearing is set for the ~ day of 20~ ~a , at '~ 30 ~/PM, in Courtroom # ~ , of the Cumberland County Courthouse. FURTHERMORE, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. ~1550(b) pending said hearing. Crai E. Kauzlarich, Es uire g q 2 West High Street Carlisle, PA 17013 ennsylvania Department of Transportation Office of Chief Counsel Third Floor, Rivexfront Office Center Harrisburg, PA 17104-2516 /~ I •V/ Y`.v/i V BY THE COURT J~ C :r N ~ ~ ~ ~=, ;-- ~ " A ~ i~ a . . ~ r~ a : ~ c- -.~ 7 f . " . ~ ? ~~ . ... 1 F.ti -- ~ A~ -`` o -< 1 N HE PROTUHO dCOT OF T AR' OM' A ULAKIS Craig E. Kautilarich, Esquire Attorney I.D. No.: 208858 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 2010 DEC -7 PM 2: 25 OUMBERLAND COUNT` PENN'SYLVA?-fl A COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE V. NIVERTITI GEAITH, APPELLANT Driver License No.: 29890224 Docket No. 10-6785 TO THE HONORABLE ALBERT MASLAND, JUDGE OF THE SAID COURT: AMENDED MOTION FOR INSTALLATION OF PAYMENT PLAN PURSUANT TO 75 Pa.C.S. 1775 a? AND NOW, this 7t'' day of December, 2010, comes the Appellant, Nivertiti Geaith, by and through her attorney, Craig E. Kauzlarich, of Abom & Kutulakis, LLP, and files the foregoing Motion for Installation of Payment Plan, pursuant to 75 Pa.C.S.A. 51775(a). 1. Appellant, Nivertiti Geaith, is an adult individual who currently resides at 836 N. West Street, Carlisle, PA 17013. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. The Department of Transportation is seeking suspension of Appellant's operating privilege pursuant to §1772 of the Vehicle Code. 4. Suspension of operating privilege is being sought by the Department of Transportation due the alleged non-payment of a judgment of $1246.48 at judgment number 6147 of 2009. The creditor of that judgment is listed as Parker W. Shughart c/o Erie Insurance Group, P.O. Box 2013, Mechanicsburg, PA 17055. 5. By letter dated September 24, 2010, Appellee notified Appellant that her driving privilege would be suspended effective October 29, 2010. 6. Appellant filed a Notice of Appeal to the Court of Common Pleas of Cumberland County on October 25th, 2010. 7. On October 28, 2010, the Court scheduled a hearing on this appeal and ordered the Department of Transportation to re-instate the Appellant's driving privilege supersedeas pending the hearing, pursuant to 75 Pa.C.S. §1550(b). 8. §1775(a) of the Pennsylvania Vehicle Code permits a judgment debtor to apply to the court in which the judgment was rendered for the privilege of paying a judgment in installments. The court may fix the amounts and times of the payment the judgment in installments. 9. §1775(6) of the Pennsylvania Vehicle Code prohibits PennDOT from suspending a judgment debtor's operating privilege during such time as a payment plan order is in place and the installments are not in default. 10. Appellant is receiving disability as her sole income. Appellant is on a very modest, fixed income. 11. Appellant's driving privilege is essential to her livelihood, health and care of her son, Omar. 12. Appellant anticipates receiving her American citizenship during the month of December, 2010. 13. Pursuant to §1775(a) and (b), Appellant respectfully requests installation of a payment plan, requiring payments of $50 per month or less until satisfaction of the judgment, or in amounts and installments as the Court otherwise sees fit. 14. Due to Appellant's modest means and fees associated with her pending citizenship, the Appellant requests that she be granted no less than thirty (30) days grace period between installation of payment plan and the first required installment. WHEREFORE, Appellant, Ms. Geaith, respectfully requests This Honorable Court Grant the herein Motion for Installation of Payment Plan, Pursuant to 75 Pa.C.S.A. §1775(a). DATE la ?-/o Respectfully submitted, ABom & KUTULA ws, LLP r Craig E. Kauzlarich, Esquire Attorney for Appellant 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 208858 CERTIFICATE OF SERVICE I, Sally J. Evans, hereby certify that I did serve a copy of the within Motion for Installation of Payment Plan pursuant to 75 Pa.C.S.A. §1775(a), by mailing a copy of said Motion by certified mail addressed as follows: Pennsylvania Department of Transportation (Appellee) Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Parker W. Shughart c/o Erie Insurance Company (Judgment Creditor) PO Box 2013 Mechanicsburg, PA 17055 DATE • , ?-7 CS ABom & KUTULAKIS, LL P COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, DEPARTMENT OF CUMBERLAND COUNTY, PENNSYLVANIA TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE V. NIVERTITI GEAITH, APPELLANT 10-6785 CIVIL TERM ORDER OF COURT AND NOW, this / '?' day of December, 2010, upon agreement of counsel, the hearing scheduled this date is continued to Friday, February 11, 2011, at 9:30 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Phillip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 g E. Kauzlarich, Esquire 2? West High Street Carlisle, PA 17013 saa IT 6 ES mat&z-ct 6ZI Albert H. Masland, J. 7- 2 . , c_ C7 73 o > ?- --ice ?? CA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, DEPARTMENT OF CUMBERLAND COUNTY, PENNSYLVANIA TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE V. NIVERTITI GEAITH, APPELLANT 10-6785 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2010, upon consideration of appellant's amended motion for installation of a payment plan pursuant to 75 Pa.C.S. Section 1775(a), a hearing is scheduled for Friday, February 11, 2011, at 9:30 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Appellant is directed to serve notice of this hearing upon the judgment creditor. By the Court, Al rt . Masla d, J. ? Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Craig E. Kauzlarich, Esquire 2 West High Street Carlisle, PA 17013 saa (26 P t . E.S iz141i,6 c D? N cm 0 w -p N CZ) N C) x rn - -urn :10 rn C) -+o o-T xn om D -C FILED-OFFICE _ ? THE PROTHONOTARY OM CSC' &U ULAKIS Craig E. Kautilarich, Esquire Attorney I.D. No.: 208858 2 West High Street Car&sle, Pennsylvania 17013 (717) 249-0900 2010 DEC 13 PM 3: q 2 CUMBERLAND COUNT PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVERS' LICENSING, APPELLEE V. NIVERTITI GEAITH, APPELLANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Driver License No.: 29890224 Docket No. 10-6785 TO THE HONORABLE ALBERT H. MASLAND, JUDGE OF THE SAID COURT: CERTIFICATE OF SERVICE AND NOW, this 13t' day of December, 2010, pursuant to this Court's scheduling Order of December 9th, 2010, I, Craig E. Kauzlarich, hereby certify that I did serve a true and correct copy of that Order upon the judgment creditor, by mailing a copy of said Order by certified mail addressed as follows: Parker W. Shughart c/o Erie Insurance Company (Judgment Creditor) PO Box 2013 Mechanicsburg, PA 17055 DATE I J-13-l0 Respectfully submitted, ABOM & KUTu.L4MS, LLP Craig E. Kauzlarich, Esquire Attorney for Appellant 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 208858 CERTIFICATE OF SERVICE AND NOW, this 13 day of December, 2010, I, Sally J. Evans, hereby certify that I did serve a true and correct copy of the foregoing certificate of service, by mailing a copy of said certificate by certified mail addressed as follows: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of the Chief Counsel 'T'hird Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Respectfully submitted, Vj,?c Cain-,q Sally J. Evans COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLEE V. NIVERTITI GEAITH, APPELLANT Cn- IN THE COURT OF COMMON EAS OE!-n CUMBERLAND COUNTY, PE YWA iy?.?ry _ W '' ^^ m r 10-6785 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2011, upon consideration of appellant's motion for installation of a payment plan pursuant to 75 Pa.C.S. Section 1775(a), and there being no objection from the Insurance Group or the Pennsylvania Department of Transportation, the same is hereby GRANTED. Appellant shall pay the Cumberland County judgment docketed at 6147 of 2009 in monthly installments of $30.00 with payments beginning no later than March 11, 2011. Should the appellant default on this payment plan, the Pennsylvania Department of Transportation may again suspend the appellant's driving privilege, pursuant to 75 Pa.C.S. Section 1775(c). By the Court, Albert H. Maslan , J. Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Craig E. Kauzlarich, Esquire 2 West High Street Carlisle, PA 17013 .le Hat COP'egI I DO :saa II AOM & uTULnicis Craig E. Kautilarich, Esquire Attorng, I.D. No.: 208858 2 6Y est High Street Carlisle, Peuuglvaaia 17013 (717) 249-0900 i r. -1~ROTHO?1OT 2011 FEB -3 PM 3' 13 Cll 'PMBEERLAW ' Y COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, APPELLEE Driver License No.: 29890224 V. NIVERTITI GEAITH, APPELLANT Docket No. 10-6785 TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW Kindly withdraw the License Suspension Appeal in the above-captioned action with prejudice. A License Suspension Hearing is scheduled to occur on February 11, 2011. Respectfully submitted, ABOM & KUTULA"S, LLP DATE Craig E. Kauzlarich, Esquire Attorney for Appellant 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 208858 I CERTIFICATE OF SERVICE I, Sally J. Evans, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Praecipe to Withdraw by First Class U.S. Mail as follows: Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office (:enter Harrisburg, PA 17104-2516 ABOM & KUTUL.4"s, LLP DATE sally J. Evans