Loading...
HomeMy WebLinkAbout13-4030 Supreme Cou o Pennsylvania Coud 0011mo leas For Prothonotary Use Only: C r S t Docket No: County ti The information collected on this form is used soleljjfior court administration purposes. This form does not supplement or replace the filing and service qfpleadings or other papers as required by low or rules of court. Commencement of Action: E3Complaint . Eil Writ of Summons Ell Petition S E] Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes C�No (check one) Qoutside arbitration limits 0 0NoN I s this a Class Action Suit? 0 Yes Q�No Is this an MDJAppeal? Yes o A Name of Plaintiff/Appellant's Attorney: 0e C_1*,hec1k 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 Ton) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional [3 Buyer Plaintiff Administrative Agencies M Malicious Prosecution El Debt Collection:Credit Card r] Board of Assessment 0 Motor Vehicle E3 Debt Collection: Other B of Elections Nuisance HZept.of Transportation E3 Premises Liability [3 Statutory Appeal:Other S El Product Liability(does not include M Employment Dispute: E mass tort) Discrimination n Slander/Libel/Defamation FD Employment Dispute:Other [3Zoning Board C ME Other: other: T Other: 0 MASS TORT El Asbestos N f_' Tobacco rEl Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste El Ejectment 0 Common Law/Statutory Arbitration B 0 Other: FLI Eminent Domain/Condemnation n Declaratory Judgment D Ground Rent Mandamus 0 Landlord/Tenant Dispute R Non-Domestic Relations r1i Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY FLA Mortgage Foreclosure:Commercial J Quo Warranto 0 Dental M Partition 0 Replevin [3 Legal 0 Quiet Title Other: F-1 Medical [3Other: Other Professional: _j Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Christen V Wells No. L q0 30 (Type your name) Vs, Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW,this(enter today's date) July 15 12013 comes the Appellant, (Type your name) Christen V Wells , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 131659283731326 001 2. PennDOT proposes, by Notice dated (insert"mailing"date here) July 21 20.13 to suspend Appellant's Flautomobile registration for a period of(Insert length of suspension) IV7]driving privileges 1 yr pursuant to Section 1543 of the Vehicle Code w 1 h suspension is to be effective(Insert suspension effective date) July 26 2013 2:M C= M ****A copy of the Notice sent by PennDOT is attached to this Appeal**** C 3. The suspension of Appellant's operating privileges is contrary to law in that: pt-) (Check those which apply) The police lacked reasonable grounds to stop Appellant and/or request Appellant to submit.to a 0iyemid:7a1 F1 test. F-1 Appellant did not knowingly or intelligently refuse a chemical test; F-1 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). u (Specify reason:) Appellant was in the process of getting help for Drug and Alcohol Treatment and was unaware of her license being suspended for a restoration fee that she received back in 2011. -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). F-1 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, ( 0 11 It� (Sign name here) Christen V Wells (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. (A Signature: ( SU Type P Christen V Wells Address: 55 Audubon Park City/State/Zip Code: Dillsbum,PA 17019 Telephone Number: 17173299815 Email address: SoSophisti85 (cp msn.com 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christen V Wells No. (Type your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on July 15 2013 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 Date:July 15 2013 Signature: aQ Qjr� Type your Name: Christen V Wells Address- 55 Audubon Park City/State/Zip Code: Dillsburg, PA 17019 Telephone: 17173299815 This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PermDOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christen V Wells No. /3 (Print your name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, this 120t, day of , 201j. a hearing is scheduled on the appeal of Petitioner for the _day of 42f� , 2043— at D in Courtroom # of the Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, PA 17013, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant's responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center,3`d Floor 1101 South Front Street Harrisburg, PA 17104-2516 It shall further be Appellant's responsibility to file a Certificate of Service with the Prothonotary stating that service was made on the Commonwealth of Pennsylvania. By the Court, co yew _ r O CHRISTEN V. WELLS, : IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4030 CIVIL TERM DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent • SUSPENSION APPEAL ORDER AND NOW, this 2nd day of October, 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. CONTINUED and RESCHEDULED for the day of , 2013, at .m., in Courtroom Room No. of the Cumberland County Courthouse, �� Carlisle, Pennsylvania. ,L .z>- BY THE COURT: P a"7 J. Attest: hristen V. Wells, 55 Audubon Park, Dillsburg, PA 17019 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 !eV/a