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HomeMy WebLinkAbout13-4186 Supreme Co.titebf-Pennsylvania Court�(1f- dmm,oilr,Pleas For Prothonotary Use Only: Ckj +Cover Sheet Docket No: ,^ t� [A to �ef °�1 G �' County 113.� The information collected on this form is used solely for court administration purposes. This faun 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: r Complaint El Writ of Summons F! Petition S n Transfer from Another Jurisdiction F1 Declaration of Taking E C' Lead Plaintiff's Name: Lead Defendant's Name: T -3a ne {- O M► H- Yl �E hn 'D 6+ Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes Ef No (check one) ri outside arbitration limits d N Is this a Class Action Suit? n Yes EY"No Is this an AIDJAppeal? [] Yes S-No A Name of Plaint.,ifff// ppellant's Attorney: GT Check here if you have no attorney(tire a Self-Represented [Pro SeJ 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 F1 Intentional rl Buyer Plaintiff Administrative Agencies M Malicious Prosecution F1 Debt Collection: Credit Card ] Board of Assessment F1 Motor Vehicle ® Debt Collection: Other oard of Elections F1 Nuisance WE of Transportation n Premises Liability El Statutory Appeal:Other S Q Product Liability(does not include F1 mass tort) Employment Dispute: E Discrimination Slander/Libel/Defamation E] Employment Dispute:Other F1 Zoning Board C ® Other: � Other: T . Q Other: o MASS TORT F1 Asbestos N F1 Tobacco Q Toxic Tort-DES M Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS F1 Toxic Waste [I Ejectment E] Common Law/Statutory Arbitration B © Other: M Eminent Domain/Condemnation rl Declaratory Judgment F1 Ground Rent n Mandamus n Landlord/Tenant Dispute n Non-Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Q Quo Warranto ® Dental F1 Partition ©Replevin © Legal rl Quiet Title rl Other: © Medical Q Other: © Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jahe rYl • Harm Y1 No. /3 (Type your name) Vs. Driver's License/Auto Registration Appeal rM C--' Commonwealth of Pennsylvania > Co c Department of Transportation <177 Bureau of Drivers Licensing C, _ e APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION == AND NOW,this enter today's date J +y 8 ,20 1 3 _ ( y ) ,comes the Appellant, (Type your name) 1J avle �� �Qrni 1+6n y r-a# a rey, P),(5 S� and states as follows: 1. Appellant's PA operator's number or automobile registration number is: a ( 9 1 S 3-740 2. PennDOT proposes, by Notice dated(insert"mailing" date here) �U h� IQ ,20 13 to suspend Appellant's Odriving privileges Fl automobile registration for a period of(Insert length of suspension) 0,r pursuant to Section 15147 of the Vehicle Code,which suspension is to be effective(Insert suspension effective date) ju h e a 20 13 ****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; F] 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:) �o3 � � -a4 -3�- 1 -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, om� (Si name here) Jane (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. Signature: �--�- /�' Type Name: ,T one t YON 11-1-6 r7 Address: 33H S-I-6ne_hed6e_ `arw City/State/Zip Code: e #CS 11 17 0 55" Telephone Number: 71-1 �V3 — ) 15 Email address: iJOnt kahn f-ky)33 @ COM 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JUNE 19 , 2013 JANE M 4AMILTON WID # 131636746829323 001 334 STO EHEDGE LN PROCESSING DATE 06/12/2013 DRIVER LICENSE 21918376 MECHANI SBURG PA 17055 DATE OF BIRTH 07/30/1969 Dear MS HAMILTON : t This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BII of the Pennsylvania Vehicle Code . As a resuult of your violation of Section 1547 of the Vehicle Code , CHEMICAL TEST REFUSAL , on 06/0 6/2013 : ■ Your driving privilege is SUSPENDED for a period of 1 YEA (S) effective 07/24/2013 at 12: 01 a .m. COMPLYI G 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 07/24/2013 . You may surrender these items before , 07/24/2013 , for earlier credit ; however , you may not drive after these items are surrendered . YOU MAY 40T RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However , you may apply for and obtain a photo identifi ation card at any Driver License Center for a cost of $ 13 . 50 . You must present two (2) forms of proper identifi ation (e . g . , birth certificate , valid U . S . Passport marriage certificate , etc . ) in order to obtain -; y-o-u-r--p-h-o . --3-d-e.n ti f-i cat-i o-n 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 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 : 131636746 29323 Pennsylvania Department of Transportation Bureau of Driver Licensing P . O . Box 68693 Harrisburg , PA 17106-8693 2 . Upon eceipt , review and acceptance of your Pennsylvania drive ' s license ( s) , learner ' s permit ( s) , and/or a sworn notarized letter , PennDOT will send you a receipt confi ming the date that credit began . If you do not receive a receipt from us within three (3) weeks, please _ ._con.ta t__ our _office . Otherwise_, yon will—not be given credit toward serving this suspension . PennDOT phone numbe s are listed at the end of this letter . 3 . If y u do not return all current driver license produ ts , we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a ) (4) of the Pennsylvania Vehicle Code . PAYING TH RE-STORATION FEE You must pay a restoration fee to PenhDOT to be restored from a suspension/revocation of your driving privilege . To Pay your estoration fee , complete the following steps : I . Retur 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 credi t . 3 . Follod the payment and mailing instructions on the back of the application . Please _. note : t.he_ restoration flee DOES NOT satisfy the requirement to acknowledge your suspension/revocation . If you h ve not acknowledged your suspension/revocation , Please follow the instructions listed under "Complying with this Suspension/Revocation" . 131636746829323 APPEAL You hav the right to appeal this action to the Court of Common 'leas (Civil Division) within 30 days of the mail date , JtNE 19 , 2013 , of this letter . If you file an appeal in the ( aunty Court, the Court will give you a time-stamped certified copy of the appeal . In order for Your appeal to be valic , You must send this time-stamped certified copy of the appeal by certified mail to : FennsYlvania Department of Tranisportation ( ffice of Chief Counsel A h-i-r-d-T-1-mo r-,---R.i-v-e,r,f r-o-nt Harrisburg , PA 17104-2516 Remember , this i'!i an OFFICIAL NOTXCEI OF SUSPFENSIXON. You . must return all current Pennsylvania d 'iver license products to Penn OT by 07/24/2013 . Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 8: 00 a .m. to 5: 00 p .m . IN STATE 1-800-932-4600 TDD IN STATE 1-800-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www. dmv . state .pa .us' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA �QI'lZ M - Ram ,Qm I 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 y , 2013 , I 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: , 20 Signature: �w Type your Name: -3 a ne M . ffarn i Mm Address: 33H Sfooeked-!�4e L-0-h2 City/State/Zip Code: N-fChQyLiC.S hU-rz�i PA I"70 Telephone: -71-7— 495-- /651 **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 No. 13 (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 day of - 203, a hearing is scheduled on the appeal of Petitioner for the gW day of 2013 at go 0M in Courtroom # �r 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, Judge l A C�j 0-� =3= O (''^; <>- Ci! Ls..i U_ '7 Cn LtJ a- 3 (5 AZLE CIA,- 0 JANE M. HAMILTON, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4186 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. LZ 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. BY THE COURT: M <x>- I icy �� cad C�: J. Attest: Jane M. Hamilton, 334 Stonehedge Lane, Mechanicsburg, PA 17055 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 � ees P2klicit 13�P � /3