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HomeMy WebLinkAbout13-4864 Supreme Couo P_.ennsylvania Cour' fecolmr10Y1'1 leas For Prothonotary Use Only; CivilCover S eet Docket No: �f 10Ot County 3 �s The information collected on this.forrn is used solely for court administration purposes. This forin does not supplement or replace the filing and service ofpleadings or other papers as required by Icnv or rules of court. Commencement of Action: S Complaint Writ of Summons Petition E] Transfer from Another Jurisdiction Declaration of Taking E:. C Ley PlaintiName: � � � Lead Defendant's Name" .11jj//��pn T . Dollar Amount Requested: Elwithin arbitration limits I .. Are money damages requested? 0 Yes 10 No (check one) outside arbitration limits O N Is this a Class Action Suit? EI Yes ?6—No Is this an MDJAppeal? 0 Yes No A. Name of Plaintiff/Appellant's Attorney: Check here if you have no attorney(are a Self-Represented [Pro Sel 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 Intentional M Buyer Plaintiff Administrative Agencies Malicious Prosecution n Debt Collection: Credit Card D Board of Assessment 0 Motor Vehicle F� Debt Collection: Other E] Board of Elections © Nuisance Dept.of Transportation Q Premises Liability ] Statutory Appeal:Other S 0 Product Liability (does not include mass tort) E] Employment Dispute: E Discrimination 0 Slander/Libel/Defamation El Employment Dispute: Other 0 Zoning Board C El Other: © Other: T. 1 F! Other: MASS TORT M Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Ejectment 0 Common Law/Statutory Arbitration B Other: Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent E] Mandamus F1 Landlord/Tenant Dispute r Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto El Dental 0 Partition El Replevin 0 Legal Q Quiet Title Other: © Medical Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r No. 13 %J (P ! G�•�r �I T�ik (Type our name) Vs. Driver's License/Auto Registration Appal Commonwealth of Pennsylvania �- �'' ­0 70 Department of Transportation ���' 01 � Bureau of Drivers Licensing 5 APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSIONS e . TC 7- AND NOW, this(enter today's date) , 20 , comes the Appellant, (Type yoJl` ame) y�, ,1(�r'-1r , by 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) k , 20 1 to suspend Appellant's driving privileges ® automobile registration for a period of(Insert length of suspension) pursuant to Section I-ITS10r— of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) , 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; 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:) 4 p Pfd cG-S 1 -OR- The suspension of Appellant's automobile registration is contrary to law in that: F1My 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:) Q16cb ca-"W1Q:�my i(\Z TN ��a51`3. t � V^no`,u� my ipNme +. 1 W\-td VIrw q 6vi toy asl�3 +�� �`1 0. le e c' YNor &,1iZ_i �`� iY�g , �S �!,�.t c �>��a(aev�-11 , j �''�y YES ��n is u5pe rtded , l 1 a bt WHEREFORE, Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, AJ C � (Si01 na a here) chr-l-Come)e) (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: V5\A�l ►�(rl,r r Address: QSLA0 1�-60 & City/State/Zip Code: V%f0 40tM1 CS bLkM .e /7055 Telephone Number: Email address: t�Yl @gym 2 To Whom It May Concern: In May 2013 my car insurance was cancelled. My life was pretty hectic then. My husband and I were getting married in June. There was a lot on my plate at the time. I had thought I made a payment for the insurance. Usually I'd get a phone call or letter from Geico. I received neither. I called Geico on June 25th to make a payment. I was informed then that my insurance was cancelled. I immediately reinstated it. Now I pay $600 more a year, because it was 31 days since I had insurance. I asked why they didn't call me. It was let known that they had some other number. Not mine and was never mine. On July 21st I received a letter from the Commonwealth of PA Dept. of Transportation Bureau of Motor Vehicles. it states that it is my final notice of suspension. I never received the first. I have many complaints in with our Post Master at the post office. There are many things that I have not received that I should have. If my registration is suspended for 3 months, I will lose my job. I work as a sales rep. and I go to at least 7-8 stores a day. I can't ask someone to drop me off and pick me up, it's not like that. Also, my husband is disabled. He has numerous appointments that he goes to go. We need to be able to have a vehicle for him for his appointments and incase of an emergency. So, I beg not to suspend my registration due to having to lose my job and not being able to give my husband the proper medical attention. Thank you kindly, Krystal Goodhart (Payne) 404 dvd"9:31— Attached is a copy of the letter that I received. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPOR'T'ATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmv.state.pa.us WID,# .131959999018998 001 TITLE# 62497359 PROCESSING DATE 130714 TRANSACTION CODE 00060 KRYSTAL ANNE PAYNE 4540 ROLO CT MECHANICSBURG41 PA 17055 OFFICIAL NOTICE MAIL DATE: 07/21/13 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: ' MAKE: CIIEVROLET YEAR: 2006 BODY TYPE: SEDAN LICENSE PLATE,#: GMV8696 TITI E#: 62497359 VIN##: 2GIWT58K469 1 33 1 1 4 This information was requested because GEICO CASULTY CO notified us that the insurance policy covering the vehicle listed above was terminated on 05/25/13. Either no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 08/25/13 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to the Department immediately. Credit toward serving this suspension will not begin until the Department receives your registration products. Additionally, you are required to pay a restoration fee in the amount of $50 to the Department in accordance with Section 1960 of the Vehicle Code. Please make check or money order payable to the PA Department of Transportation. Do not send cash. You can also pay by credit card online at www.dmv.state.pa.us by selecting "Pay Your Financial Responsibility Restoration Fee". Within 30 days of your eligibility date f'or restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self-addressed envelope for your use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. When the Department receives your registration products, we will send you a letter within 3 weeks confirming that they were received. If, after 3 weeks of mailing-your registration plate, sticker and card to the Department you do not receive a letter stating your registration products were received, please contact us immediately. You have the right to appeal this suspension,to the Court of Common Pleas of the county of your residence within thirty(30) days of the mail date 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 the appeal to be valid, you must send this time stamped certified copy of the appeal.by certified mail to: Pennsylvania Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. (Type your name) /J Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing - M OD 72W r-n s�r C-- F C3 n W , CERTIFICATE OF SERVICE ;r— a; -Ctz) The undersigned hereby certifies that on �j. to , 20 13 , I cau C b _ mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling He7a'ring,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: Type your Name: krT 1 Address: L45LA0 P=an City/State/Zip Code: ffiedwyllc�s�L�ra _ IP14 I�D55 Telephone: '11'7--5S`1 -LUDO ** 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 I b[00�Yff J I or, No. y)i _f 4 �Print our name) Vs. Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing ORDER SCHEDULING-HEARING ON APPEAL ,r) T-4- AND NOW, this &j day of LJO,gL<j]r 20_d, a hearing is scheduled on the appeal of Petitioner for the day of 1k10Qe-#1L61j2-,, 20 at " km 1*�L 21) 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, 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 Thomas A.PlaceY Judge t Common Pleas Judg'D C: MAD -0 C) < th IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA KRYSTAL PAYNE GOODHART • • NO. 13-4864 CIVIL v. • COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES • ORDER �- c 1 �► AND NOW, this �3� day of IvoLRu `. , 2013, the appeal filed in they a above referenced matter is: DISMISSED and the suspension shall be REINSTATED. SUSTAINED and the suspension shall be RESCINDED. REMANDED to the Department to update its records and to rescind the appealed suspension. � R:: RAWN. CO TINUED AND RESCHEDULED for the 11" day of , 2014i at 1:SO A .m., in Courtroom No. 4 of the Cumberland County Courthouse. t l-kPI A.M42- tO L ,'PSE. c I Si.,aA R-t. t ti w itizo E- CO 4,t tuts& BYT • ; • ATTEST: 1 iaou t'�5 .A • pLACLct.{ J. �elly Edward Solomon, Esq., Office of Chief Counsel, Department of Transportation, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 . Krystal Payne Goodhart, 4540 Rolo Court, Mechanicsburg, PA 17055 s es ? sa L giaro 67 J. s off'- ., ,,1,2//3 KRYSTAL P. GOODHART, • IN THE COURT OF Petitioner : COMMON PLEAS OF : CUMBERLAND COUNTY v. • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-4864 CIVIL TERM DEPARTMENT OF TRANSPORTATION, : BUREAU OF MOTOR VEHICLES, : VEHICLE REGISTRATION Respondent : SUSPENSION APPEAL ORDER AND NOW, this 17th day of January, 2014, 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 , 2014, at .m., in Courtroom >`.. ' Cr) x (J.< Room No. of the Cumberland County Courthouse, D c Carlisle, Pennsylvania. —' . L.) cFiW BY THE COURT: .` AL J. Attest: .rystal P. Goodhart, 4540 Rolo Court, Mechanicsburg, PA 17055 �hilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 fl i