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HomeMy WebLinkAbout13-3553 Supreme Cof3 Pennsylvania Cour:Hof-Cornirno leas For Prothonotary Use Only: 4tZ11 Civer3Sh et FS �� V - Docket No: T CuiSberla dam' a ? ' 9 .berl :!r' County J '3 s� 3 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. i Commencement of Action: S © Complaint ® Writ of Summons ® Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: j Dean Rusciolelli Commonwealth of PA, Dept. of Transportation, Bureau�t T I Are money damages requested? ©Yes J No Dollar Amount Requested: ®within arbitration limits (check one) ®outside arbitration limits O N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Douglas H. Clifton, Esquire E ® Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) F 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 ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card 0 Board of Assessment ® Motor Vehicle Debt Collection: Other [3 Board of Elections ® Nuisance Dept.of Transportation j ® Premises Liability Statutory Appeal: Other S ® Product Liability(does not include mass tort) E3 Employment Dispute: E 0 Slander/Libel/Defamation Discrimination C ® Other: ® Employment Dispute: Other l3 Zoning Board El Other: T License Suspension I ® Other: O MASS TORT ® Asbestos N ® Tobacco © Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Ejectment [3 Common Law/Statutory Arbitration B ® Other: 0 Eminent Domain/Condemnation [3 Declaratory Judgment ® Ground Rent n Mandamus 0 Landlord/Tenant Dispute ©Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial 0 Quo Warranto Dental ® Partition ®Replevin ® Legal ❑ Quiet Title 0 Other: ® Medical © Other: © Other Professional: i j Updated 1/1/2011 0� THE PRGTHONC-,;;t y 2.013 JUN 18 Pn . 39 CUMBERLAND COUNTY 'PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS'LICENSING, APPELLEE MJ-09301-CR-202-2013 V. Driver License No.: 29959398 DEAN MICHAEL RUSCIOLELLI, Docket No.: APPELLANT NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this 18th day of June, 2013, the Defendant, Dean Michael Rusciolelli, by and through her attorney, Douglas Clifton, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Dean M. Rusciolelli, is an adult individual who currently resides at 4233 Stump Rd Doylestown, Pennsylvania 18902. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated § 1547 of the Vehicle code on or about May 10, 2013. �-` 417 4. Appellant denies that he violated § 1547 of the Vehicle Code. 5. By letter dated May 23, 2013, Appellee notified Appellant that his driving privilege would be suspended for a period of one (1) year effective June 27, 2013. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A". 6. Appellant denies that the Appellee is authorized to suspend her driving privileges. 7. Counsel avers a reasonable likelihood of success in this appeal. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that her license be suspended. Respectfully submitted, r DATE Y115 Douglas H. Clifton, ___ Attorney for Appellant 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 307865 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau - of Driver Licensing Mail Date : MAY 23 , 2013 DEAN MICHAEL RUSCIOLELLI WID # 131366226061944 001 4233 STUMP ROAD PROCESSING DATE 05/16/2013 DRIVER LICENSE * 29959398 DOYLESTOWN PA 18902 DATE OF BIRTH 01/30/1993 Dear MR . RUSCIOLELLI : This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section_ 1547B1I of the Pennsylvania Vehicle Code . As a result of your violation of Section 1547 of the Vehicle Code , CHEMICAL TEST REFUSAL , on 05/10/2013 : ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 06/27/2013 at 12: 01 a.m. 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 06/27/2013 . You may surrender these items before , 06/27/2013 , 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 S13 .50 . You must present two (2) forms of proper identification (e . g . , birth certificate , valid U . S. passport , marriage certificate , etc . ) in order to obtain Your photo ? dentificat_ion card . You will not receive credit toward serving any suspension until we receive your license(s) . Complete the following steps to acknowledge this suspension . 1 . Return 611 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 notarized 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 : EXHIBIT 131366226061944 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 license (s) I learner Is Permit(s) I and/or a sworn notarized letter : PennDOT will send you a receipt confirming the date that credit began . If you do not receive a receipt from us within three (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 Products, we must refer this matter to the Pennsylvania State Police for Prosecution under SECTION 1571 (x) (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 (listed .on the first Page) on the check or money order to ensure proper i credit , 3. Follow the payment and mailing .instructions on the back of the application . 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 "Complying, with this Suspension/Revocation" . 131366226061944 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 23 , 2013 , of this letter . If you file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified cop the appeal by certified mail to : y of Pennsylvania Department of Transportation Office of Chief Counsel T-hi-rd Floor , River•fr-o-nt 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 06/27/2013. Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 8 : 00 a .m. to 5: 00 .m . IN STATE OUT-OF-STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www. dmv - state .pa . us COMMONWEALTH OF PENNSYLVANIA. : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS'LICENSING, APPELLEE MJ-09301-CR-202-2013 V. Driver License No.: 29959398 DEAN MICHAEL RUSCIOLELLI, APPELLANT CERTIFICATE ' SERVICE I, Douglas Clifton, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension, that was filed on June 18, 2013, upon the Appellee, by certified, return receipt mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 AB0'UH. DATE ouglae At torney for Appellant 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 307865 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY,PA BUREAU OF DRIVERS'LICENSING, APPELLEE 'i\4j-09301-CR-202-2013 V. Driver License No.: 29959398 3 DEAN MICHAEL RUSCIOLELLI, Docket No.. -35 5- APPELLANT ORDER AND NOW, this 'k16Cday of 2013,upon consideration of the Appellant's Notice of Appeal of License Suspension,a Hearing is set for the-Jt2k-,day of Y&v 2013, at l,f 3e A-WPM,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. BY THE COURT C= MCC -I'-<ouglas H. Clifton,Esquire :U= 2 West High Street Carlisle,PA 17013 c- ,., P .*°' C 3 Pennsylvania Department of Transportation " Office of Chief Counsel Third Floor,Riverfront Office Center Harrisburg,PA 17104-2516 LL OM & 2013 SEr 23 P 3. t,3 &U ULAKIS e � U T �,�f�,��f�LA:I�D �0� '7 Y Donglasx.clfton PENNSYLVANIA Attorney I.D.No.:307865 2 West High Street Carlisle,Pennsylvania 17013 (717)249-0900 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY,PA BUREAU OF DRIVERS'LICENSING, APPELLEE V. Driver License No.: 29959398 DEAN MICHAEL RUSCIOLELLI, APPELLANT e� M PRAECIPE TO WITHDRAW LICENSE SUSPENSION APPEAL AND MOTION TO CANCEL COURT HEARING Kindly withdraw the instant appeal. Furthermore, the Appellant,Mr. Rusciolelli respectfully requests that a hearing presently scheduled before the Honorable Court of October 2, 2013 at 1:30 p.m. be cancelled. Respectfully submitted, Asom&Ku s DATE h-3),�203 Douglas H. Clifton,Esquire Attorney for Appellant 2 West High Street Carlisle,PA 17013 (717) 249-0900 ID No. 307865 CERTIFICATE OF SERVICE I,Douglas H. Clifton,Esquire of Abom&Kutulakis,LLP,hereby certify that I did serve a copy of the within Praecipe to Withdraw License Suspension Appeal and Motion to Cancel Court Hearing,by depositing, or causing to be deposited,in the United States Mail,First-class Mail, postage prepaid addressed to the following: Honorable Christylee L. Peck Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Philip Bricknell, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17.104-2516 r DATE ` 1.2 Douglas H. Clifton, COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF OF PENNSYLVANIA, : CUMBERLAND COUNTY, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU : OF DRIVER LICENSING, • Appellee • v. : CIVIL ACTION—LAW • • DEAN MICHAEL • RUSCIOLELLI, Appellant : NO. 13-3553 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 27th day of September, 2013, upon consideration of the Praecipe To Withdraw License Suspension Appeal and Motion to Cancel Court Hearing, the hearing previously scheduled for October 2, 2013, is cancelled and the License Suspension Appeal is hereby withdrawn. BY THE COURT, et-6(4,7'6,4A_ 7r.:17C ChristylIe L. Peck, J. Philip Bricknell, Esq. Assistant Counsel PA. Department of Transportation Office of Chief Counsel n, Riverfront Office Center 1101 South Front Street yl Harrisburg, PA 17104-2830 1 Attorney for Appellee r--- �uglas H. Clifton, Esq. >c - 2 West High Street Carlisle, PA 17013 Attorney for Appellant i :rc an? es 02% mil___ /61/1 /12 =I