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HomeMy WebLinkAbout13-4361 Supreme Co»i o Pennsylvania Cour OPcomnlo leas For Prothonotary Use Only: C'v>li}Comer Sheet Docket No: '�t u.Y►'� 'an t -`I County _ t� I r� 3 , Z C� 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 0 Complaint A-1 Writ of Summons Petition © Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: 1. �0 SGO ��J ,� I Are money damages requested? Yes (�1 No Dollar Amount Requested: ©within arbitration limits Y g 9 (check one) Ooutside arbitration limits O ,� N Is this a Class Action Suit? l Yes l� No Is this an MDJAppeal? ❑ Yes i( No A Name of Plaintiff/Appellant's Attorney: 5Gkmt s 0 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 0 Intentional ❑ Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle 0 Debt Collection:Other FA Board of Elections Nuisance [Dept.of Transportation S Premises.Liability Statutory Appeal:Other Product Liability(does not include mass tort) ❑ Employment Dispute: E Discrimination Slander/Libel/Defamation C Other: © Employment Dispute:Other Zoning Board T 0 Other: I 3 Other: O MASS TORT 0 Asbestos N D Tobacco 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Other: 0 Ejectment ®J Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment hJ Ground Rent [ Mandamus 0 Landlord/Tenant Dispute E Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental ❑ Partition 0 Replevin ❑ Legal ® Quiet Title 0 Other: Medical ❑ Other: Other Professional: Updated 1/112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA 70-11 Tk- No. Q=3 (Type your name) � rri r r 0s. Driver's Registration Appe pm Commonwealth of Pennsylvania `^ Department mfTransportation (:-5 ��-� Bureau uY Drivers Licensing APPEAL OF DRUVER'SWCENSE/AUTO REGISTRATION SUSPENSION — ...D .."," this (enter today's date) (Type your name) oy his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert"mailing" date here) 10 ,20 13 to suspend [ul �—� ' Appellant's L�^ |drivinQprivileges | |automobUercgistratiun for a period of(Insert length ofsuspension) pursuant toSection 15472ill of the Vehicle Code,which suspension istobe effective(insert suspension effective daLe) . v ****A copy of the Notice sent by PemnD[TUs attached tm this Appemy**** � 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. F\7 I^ | 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 Appea|). | | �� Other(Specify neason:) 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, iruoc 14 1 (Sign name her 76s$C6e- ,,of /C- (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: Zta� Type Name: Kc N Q Address: AJ .2'J S1 City/State/Zip Code: gQtCiS,�iu�G . �f� 17142 Telephone Number: 27 8.2 9 ISIS- Email address: SC05815 @ AOL co 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JULY 10 , 2013 ROSCOE ROY JR WID # 131846180598833 002 1114 N 2ND ST PROCESSING DATE 07/03/2013 DRIVER LICENSE # 28131784 HARRISBURG PA 17102 DATE OF BIRTH 01/20/1981 Dear MR . ROY: 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 06/20/2013 : ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 08/14/2013 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 an or before 08/14/2013. You may surrender these items before , 08/14/2013, 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 . 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 : 131846180598833 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 pa.ge) 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" . 131846180598833 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date , JULY 10 , 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 copy of the appeal by certified mail to : Pennsylvania Department of Transportation Office of Chief Counsel 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 08/14/2013. 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 Roscoe Roy 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 Judy 25 , 2013 , 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 Date:July 25 12013 Signature: Type your Name: Roscoe Roy Address: 1114 North 2nd st. City/State/Zip Code: Harrisburg, PA 17102 Telephone: 717 829 7565 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA 165( u S No. /3 — c1361 (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 (ou day of 20_Z-,3, a hearing is scheduled on the appeal of Petitioner for the a 114Y day of 20Z at M 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,3rd 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 _A Fri ILV A2 ROSCOE ROY, JR., • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-4361 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 CONTINUED and RESCHEDULED for the 13th day of November, 2013, at 1:30 p.m., in Courtroom 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: (-1/144,-) rev( J. Attest: Edward Spreha, Esq., Wagner & Spreha, 2233 North Front Street, Harrisburg, PA 17110 ." Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Cori.es ,rye` 'i-r rr,C7,.7 C.4 r° -_t �j__ /0/3//3 r ca JI C IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ROSCOE ROY, JR. : • NO. 13-4361 CIgIL v. :- ca c......› ; rn co .M Z7C - -17i-._, } COMMONWEALTH OF PENNSYLVANIA, • use"' _._ w r-, DEPARTMENT OF TRANSPORTATION, r-. --1 CD BUREAU OF DRIVER LICENSING •� ° c )- ? � Cat, 4, c 4 i ORDER - -4 AND NOW, this 1' day of I ) CA , 2013, the appeal filed in the above referenced matter is: DISMISSED and the suspension/disqualification shall be REINSTATED. SUSTAINED and the suspension/disqualification shall be RESCINDED. REMANDED to the Department to update its records and to rescind the appealed suspension/disqualification. DRAWN. CON INUED AND RESCHEDULED for the day of , 2011 at 1 '40 P .m., in Courtroom No. 1' of the Cumberl nd County Courthouse. :Y THE COURT: -- ATTEST: lirrb ! - A- 0 �r J. Kelly Edward Solomon, Esq., Office of Chief Counsel, Department of Transportation, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Edward Spreha, Esq., 2233 North Front Street, Harrisburg, PA 17110 is )&tSCsUy @ oc � J.)[41e.€7 11 l te... /03//3 ROSCOE ROY, JR., • IN THE COURT OF Petitioner • COMMON PLEAS OF CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-4361 CIVIL TERM DEPARTMENT OF TRANSPORTATION, • BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent • SUSPENSION APPEAL ORDER AND NOW, this 17TH day of January, 2014, the appeal filed in the above- captioned matter is WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED, effective July 17, 2014. BY THE COURT: J. Attest: ward Spreha, Esq., Wagner & Spreha, 2233 North Front Street, Harrisburg, PA 17110 ✓ Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516