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HomeMy WebLinkAbout13-1677 cci ,. nnsylvania Supreme Co C011rof Comm0' leas For Prothonotary Use Only: C>< il Caner S t Docket No: County )3 - 11L77 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S rl Complaint 0 Writ of Summons El Petition E Transfer from Another Jurisdiction n Declaration of Taking Lead P tiff'�same: L Name: C C T ert C C J d C t Dollar Amount Requested: within arbitration limits I' Are money damages requested? Yes ( No (check one) Eloutside arbitration limits 0 N Is this a Class Action Suit? D Yes P No Is this an MDJAppeal? El Yes 12 No A Name of Plaintiff/Appel lant's Attorney: ! f Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ED Intentional n Buyer Plaintiff Administrative Agencies 17 Malicious Prosecution D Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance rl Dept. of Transportation Premises Liability El Statutory Appeal:Other S Product Liability(does not include E mass tort) n Employment Dispute: Discrimination Slander/Libel/Defamation Dispute:Other C El Other: Employment P Zoning Board T Other: I n Other: 0 MASS TORT 0 Asbestos N f-1 Tobacco n Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment 11 Common Law/Statutory Arbitration B Eminent Domain/Condemnation Declaratory Judgment El Ground Rent Mandamus Landlord/Tenant Dispute Non-Domestic Relations PROFESSIONAL LIABLITY Mortgage Foreclosure:Residential Restraining Order Mortgage Foreclosure:Commercial Quo Warranto El Dental Partition Replevin 17 Legal Quiet Title Other: 0 Medical n Other: ® Other Professional: Updated I/1/20.11 iI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EA,C �f1�1C_� No. �� ` /627 6G1-1 (Type your name) Vs. Drivler,'s�Liceense/Auto Registration Appeal Commonwealth of Pennsylvania )Q c��7 ?A) Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION A� NOW,this (enter today's date) APri C 1 20 comes the Appellant, (Type your name) f�(�der ; r?� �C 0 yC� , by his/her attorney, and states as follows: 1. Appellant's PA operator's umber or automobile registration number is: .jL 5C&� c� 2. PennDOT proposes, by Notice dated(insert"mailing" date here) fl� , 20 to suspend Appellant's driving privileges 1:1 automobile registration for a period of(Insert length of suspension) pursuant to Section of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) /T Pr,L 'S 20 l � ****A copy of the Notice sent by PennDOT is attached to this Appeal**** 3. The suspension of Appellant's operating privileges is contrary to law in that: (Check those which apply) © The police lacked reasonable grounds to stop Appellant and/or request Appellant to submit to a chemical test. Appellant did not knowingly or intelligently refuse a chemical test; The conviction on which Appellant's suspension is based was overturned by successful appeal, OR is currently under appeal. (Attach a copy of the court docket this Appeal). Other(Specify reason:) Cn e f-T C r( �T -OR- The suspension of Appellant's automobile registration is contrary to law in that: My failure to have insurance was for a period of less than 31 days AND I did not drive nor permit anyone else to drive my vehicle during the time it was without insurance. (Attach proof of insurance to this Appeal and either a notarized statement of PennDOT form MV-221 to document non-operation of the vehicle). Other(specify reason:) WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, n, t (Sign name here) f- 1;Ei r +Ck- (Type name here) VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AI Signature: Type Name: r rJck- ���'�' Address: 15VU 1.44 , H W, City/State/Zip Code: OR r Is10., Telephone Number: 7 �Jr 1�� (✓ 7� Email address: 2 130536746783400 You have the right to appeal the Department 's action to the Court of Common Pleas (Civil Division) within 30 days of the mail date (MARCH 01 , 2013) of this notice . You must still send in your license before the effective date of disquali- fication unless you show the Court that you have a reason- able likelihood of succeeding in the appeal and receive an order permitting you to continue to drive. PLEASE NOTE that this Civil Appeal is in addition to any appeal you have to file from the criminal conviction. AFTER THE APPEAL HAS BEEN FILED IN THE COUNTY COURT, A TIME-STAMPED CERTIFIED COPY OF THE APPEAL MUST BE SENT BY CERTIFIED MAIL TO: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104 Sincerely, 9�k�- , Z g Janet L . Dolan, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0: INFORMATION (8: 00 AM TO 5:00 PM) Department of Transportation IN STATE Bureau of Driver Licensing -800-932-4600 g OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE Harrisburg, PA 17106-8693 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Ha,rrisburg, PA 17123 MARCH 01, 2013 FREDERICK E JOYCE WID 130536746783400 002 1580 RITNER HWY APT 17 PROCESSING DATE 02/22/2013 DRIVER LICENSE # 26508672 CARLISLE PA 17013 DATE OF BIRTH 11/22/1953 Dear Motorist : This is an Official Notice of Disqualification of your com- mercial driving privilege as authorized by Section 1611C of the Pennsylvania Vehicle Code as a result of your pre- adjudication, conviction, administrative adjudication, or refusal in Pennsylvania. Your driving record reflects one of the above adjudications on 02/11/2013 of 1547, of the Pennsylvania Statutes, CHEMI- CAL TEST REFUSAL an 02/11/2013. Since this is your second adjudication of an offense in Section 1611A of Pennsylvania Vehicle Code, Your commercial driving Privilege is DISQUALIFIED FOR LIFE effective 04/05/2013 at 12:01 A.M. In order to comply with this sanction you are required to return any current driver's license, learner's permit and/or temporary driver's license Ccamera card) in Your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that you are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall result in this Bureau referring this matter to the Pennsylvania State Ve- hicle Code. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY, OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. The above mentioned sanction is in addition to any pre- viously issued sanction(s) . | N | m COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 03/26/13 FREDERICK E JOYCE DRIVER' S LICENSE NUMBER: 26508672 1580 RITNER HWY APT 17 BIRTH DATE: 11/22/53 CARLISLE PA 17013 Dear MR. JOYCE : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PENNDOT) that your driving privilege has been restored. Only after that may you drive. The date when you are eligible to have your driving privilege restored has not been determined. To determine this ELIGIBILITY DATE, you must resolve any issues listed in this letter as DRIVER' S LICENSE RETURN, INDEFINITE SUSPENSION, INDEFINITE CANCEL, 'INDEFINITE RECALL, and/or PRISON RELEASE REQUIREMENT. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. RESTORATION FEE -You must pay a $25 . 00 restoration fee to PENNDOT. Write your driver' s license number (listed above) on the check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Driver' s License Return" . RESTORATION FEE -You must pay a $50. 00 CDL restoration fee. Please write your driver' s license number (listed above) on your check or money order to ensure proper credit. Your check or money order should be made payable to PENNDOT. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Driver' s License Return" . LICENSE NO. 26508672 PAGE 2 DRIVER' S LICENSE RETURN -You are required to return any and all current PENNSYLVANIA driver' s license(s) , learner' s permit (s) and/or camera card (s) to PENNDOT. If these are not in your possession, are expired, or you have never been issued a PENNSYLVANIA driver' s license, complete and return an Acknowledgment Form (DL- 16LC) to PENNDOT. If you are an OUT OF STATE licensed driver or an OUT OF STATE resident who has never been issued a driver' s license, complete and return an Acknowledgment Form (DL-16LC) to PENNDOT. An Acknowledgment Form (DL-16LC) may be obtained at any PENNDOT Driver' s License Center. You may also write or call the address or phone number at the end of this letter to obtain this form. TERM SUSPENSION/REVOCATION -You have a 18 MONTH(S) suspension/revocation that began (or will begin) on 04/05/13 . Refer to the DRIVER' S LICENSE RETURN section in this letter for information on getting credit started for serving this suspension/revocation. The suspension/revocation is a result of 1547B1II, REFUSAL VIOLATION WITH PRIOR OFFENSE TERM DISQUALIFICATION -You have a 1 LIFETIME disqualification that began (or will begin) on 04/05/13 . Refer to the DRIVER'S LICENSE RETURN section in this letter for information on getting credit started for serving this disqualification. The disqualification resulted from a violation on 02/11/13 of Section 1547, CHEMICAL TEST REFUSAL LICENSE NO. 26508672 PAGE 3 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this . Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your driver' s license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank you. MAILING ADDRESS: INFORMATION (8 : 00 AM to 5 : 00 PM) PENNDOT IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O. Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg, PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 e Jeri* C k No. (Type your name) Vs. Driver's License/Auto Registratio Appeal Commonwealth of Pennsylvania S 6 - l �) Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on 120 , 1 caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center,3'd Floor 1101 South Front Street Harrisburg, PA 17104-2516 71-1 Date: , 20 Signature: Type your Name: r Address: �.� RAoik H O� C City/State/Zip Code: ��f l&j �' ��6/! Telephone: 71)•- 656 C)�7y ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA eQCe ! No. /3 /C07� (4LIZ (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing i ORDER SCHEDULING HEARI NG ON APPEAL AND NOW, this 3"�' day of 47,,71 - 20/.�, a hearing is scheduled rl on the appeal of Petitioner for the 14-k day of 20 (3 at -L:3e) -EM in Courtroom #I of the Cumberland County Courthouse, One Courti4ouse Square, 4th Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. i A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve Ili a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the lit following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center,P Floor 1101 South Front Street I,. Harrisburg, PA 17104-2516 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary service was made on the Commonwealth of stating that se Pennsylvania. c Y g By the—urt, Judge _> -j:ZZ w - r rn 11ta, /eta FREDERICK E. JOYCE, IN THE COURT OF COMMON Petitioner PLEAS OF CUMBERLAND CUMBERLAND COUNTY V. COMMONWEALTH OF PENNSYLVANIA, NO. 13-1677 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, DRIVER LICENSE • Respondent SUSPENSION APPEAL ORDER AND NOW, this 14t' day of August, 2013, the appeal filed in the above- captioned matter is* REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. z= CONTINUED and RESCHEDULED for the day of D2013, at _.m., in Courtroom Room No. of the Cumberland County Courthouse, CD <>- (.D Carlisle, Pennsylvania. = LL,2-- - C­j BY THE COURT: Attest: Frederick E. Joyce, 1580 Ritner Hwy, Apt. 17, Carlisle, PA 17013 u,,--Kilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3'd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516