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HomeMy WebLinkAbout13-4130 Supreme COutt of Pennsylvania Cour '£of-..Common leas For Prothonotary Use Only. t_,r ClVil'CO.V` Docket No: h County 13 - 4130 The information collected on dais fibrin is used solely for court administration purposes. This forma does not supplement or replace the.faling and service ofpleadings or other papers as required kylaw or rules of court. Commencement of Action: S 0 Complaint ED Writ of Summons Petition Transfer from Another Jurisdiction "— Declaration of Taking E C Lead P lairtiff's Name: Lead Defendant's Name: ir-11 Co? T I Are money damages requested? D Yes No Dollar Amount Requested: Elwithin arbitration limits (check one) E]outside arbitration limits N Is this a Class Action Suit? [17 Yes No Is this an MDJAppeal? El Yes (, No A Naive of Plaintiff/Appellant's Attorney: fK . 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 Judgiiients) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies F1 Malicious Prosecution 0 Debt Collection:Credit Card ril Board of Assessment El Motor Vehicle Q Debt Collection: Other M Board of Elections FJ Nuisance Dept.of Transportation F1 Premises Liability EJ Statutory Appeal: Other S Q Product Liability(does not include Employment Dispute: E nnass tort) [] SlanderlLibel/Defamation Discrimination C n Other: Employment Dispute:Other F7 Zoning Board T Other: 1 E] Other: o MASS TORT Q Asbestos N 0 Tobacco Toxic Tort-DES [j Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste El u�"' Other: Ejectment Q Common Law/Statutory Arbitration B Q Eminent Domain/Condemnation n Declaratory Judgment Ground Rent © Mandamus Landlord/Tenant Dispute 0 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure:Commercial Qua Warranto E] Dental Q Partition El Replevin Legal E] Quiet Title Other: 0 Medical ] Other: n Other Professional: `� Updated 1/1/2011 ^ ' Awu 27 UN THE COURT OF COMMON PLEAS 0F CUMBERLAND COUNTY, PENNSYLVANIA : No. C-)� -` 11(Type ' - '- ' � / �� rnm x~ � �Vs� Driver's v ' -o r-- - > o� �� , � Con�nnonma�a�hpfPennsVkxan/a / -+c» QepartnmentmfTranspo�atiom : ���� �� zc-" Bureau of Drivers Licensing : =�CD �� - _ APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION -� W (Type your name) by and andstates aofollows: 1. Appellant's tor's number or automobile registration number is: 2 go q 2g I 2. PennDOT proposes, by Notice dated (insert"moi|ing" date here) 6 - 21 , 20_/,a,to suspend �� Appellant's privileges | / autonnobi/eregistration for a period of(Insert length ufsuspension) pursuant toSection ofthe Vehicle Code, which suspension istobe effective (insert suspension effective date) 20 . ****A copy of the Notice sent bvPennD<]T/s attached to this Appea7*~** 3. The suspension of Appellant's operating privil eges 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 orintelligently refuse a chemical test; | ! The conviction on which Appellant's suspension is based was overturned by successful appeal,OR is currently under appeal. (Attach o copy of the court docket this Appea/). Other(Specify. ' ' -VL 1 ' . -OR- The suspension of Appellant's automobile registration is contrary to law in that: F—� / / W1y failure to have insu'rance was for a period of less than 31 days AND [ did not drive nor permit anyone else to drive nmy 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). ' | | Oh WHEREFORE, Appellant� respectfully requests this_ Honorable Court ^" sustain the appeal from the suspension of operating privileges orautomobile registration. Respectfully submitted, J_ IL . (Sign n me here) TorA (Type Ame 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 toauthorities. Signature: Type Name. Address: City/State /Zip[ode: Telephone Number: Email address: . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JUNE 21 , 2013 ALYSHA MARIE TURNER WID( # 131659283740864 001 419 DIX HILL RD PROCESSING DATE 06/14/2013 DRIVER LICENSE # 28097125 NEW BLOOMFLD PA 17068 DATE OF BIRTH 08/16/1987 Dear MS. TURNER : This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code . As a result of your 06/13/2013 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG. SUSP/REVO on 06/01/2013 : ■ Your driving Privilege is SUSPENDED for a period of 3 MONTH(S) effective 07/26/2013 at 12: 01 a .m. Before PennDOT can restore your driving privilege , you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION , PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE . You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied . 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 an or before 07/26/2013. You may surrender these items before , 07/26/2013 , 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 $13 . 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 identification card . You will not receive credit toward serving any suspension until we receive your license(s) . Complete the following steps to acknowledge this suspension . 131659283740864 1 . Return all 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 : 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) , learner ' s permit (s) , 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 (a) (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 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" . 131659283740864 PROVIDING PROOF OF INSURANCE . Within the last 30 days of Your suspension/revocation , we will send you a letter asking that you Provide Proof of insurance at that time . This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania . IMPORTANT: Please make sure that PennDOT is notified if You move from Your current address . You may notify 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 , JUNE 21 , 2013 , of this letter . If you appeal in the County Court, the Court will give yob'' 6. *me-stamped certified COPY of the appeal . In order , W .T I YVified copy of ' appeal to - be valid , You must send this time-stampm C ee-Cl the appeal by certified mail to : Pennsylvania Department of Transportation Office of Chief Counsei Third Floor , Riverfront 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 07/26/2013 . Sincerely, 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 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P . O. Box 68693 TOO IN STATE 1-800-228-0676 Harrisburg , PA ' 17106-869.3 TDD OUT-OF-STATE 717-412-5380 to • �- •. I A m . y' M fir, P-i eft,ter tZI © lRetl Mont Requ3r�ed (Errtlo em qua..fir} e� P C 1Qd rtfttpoft d9e&Fel p ° d.i# APO.......... All D1fJ 1 `�lT a Clly IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r No. 41[JLJCl T 12S (Pri#to nam e) 1113,0 e,4a 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 day of 20/ a hearing is scheduled on the appeal of Petitioner for the a/ld day of �p7� ir/,c¢c� , 20 '3 at M l in Courtroom # of the Cumberland County Courthouse, One Courthouse Square, 4t" 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, ...III Z..iudg r-nCa c.... F:,-. c . F _r_crr CD CD CD-rj CD C.4 C' r i� .> ALYSHA M. TURNER, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4130 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 suspensions which are the basis of this appeal shall be REINSTATED. SUSTAINED and the suspensions which are the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspensions which are 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. =.. ' _iv.) BY THE COURT: t� UJ C, asUJ cs J. Attest: ■lysha M. Turner, 419 Dix Hill Road, New Bloomfield, PA 17068 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 CCI Es ilaa /O'1 t3