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HomeMy WebLinkAbout13-4935 Supreme Cou r f of�ennsylvania ` Cour�,` Pleas For Prothonotary Use Only: C vit o1er1Sheet � •- ::: y� f�-/ Docket No: i `fry Cu . '�= county Owl 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 0 Writ of Summons Wpetition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs N e: AD0116 Def dant's Ne:T Are mone dams es re uested? YesNo Amount R ested: ithin arb lion limits Y g 9 (check one) .outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes ,-No Is this an MDJAppeal? n"Yes r_7 No A Name of Plaintiff/Appellant's Attorney: t1 daXV1 DLAebhatV 1 A'WdkWft^ (' 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 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other and of Elections 0 Nuisance Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) 0 Employment Dispute: Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other Q Zoning Board T 0 Other: I © Other: O MASS TORT 0 Asbestos N ® Tobacco 0 Toxic Tort-DES _ 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Other: 0 Ejechnent 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent n Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin Legal 0 Quiet Title Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ao.vv�- No. 13-- (Type your name) Vs. Driver's License/Auto Registration Appeal c Commonwealth of Pennsylvania ---j Department of Transportation ;n- Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION c y-f AND NOW,this (enter today's date) 20 13 , comes the Appellant, (Type`ur name) Adam Itr ,aw►. ey, and state asri)lloa : 1. Appellant's PA o eratorIs number or automobile registration number is: 2. PennDOT proposes, by Notice dated(insert"mailing" date here) J4Z 19 2013 to suspend Appellant's 12driving privileges n automobile registration for a period of(Insert length of suspension) pursuant to Section �`13 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. aAppellant 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). xrOther(Specify reason:) All fines owed for traffic citations have been paid. I already received and served a 3 X03 7s',0% month suspension of my driver's license beginning 10/25/2011. I subsequently ffT surrendered my driver's license to Penn Dot on 3/22/2013. The suspension of July 19, 68776270 2013, is an additional, cumulative and increased penalty for a violation for which my —a--a license was previously suspended. 7 1 -OR- The suspension of Appellant's automobile registration is contrary to law in that: F] 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] 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, (S" n dame here) kdc)p-vx^- DtA rkn_m (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: Ad, D, t,,.x Address: SSSO e City/State/Zip Code: PA6e.4 i;K fife gsal�' Telephone Number: I($ - "0 — 2V�7 Email address: pw4,a.ol ( @ '""" Co.An 2 D.EPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : JULY 19 , 2013 ADAM DURHAM W * 1319392831062149 001 5330 E PALEMINO RD PROCESSING DATE ?/12/2 013 DRIVER LICENSE 27126765 PHOENIX AZ 85018 DATE OF BIRTH 07/14/1984 LICENSE IN BUREAU Dear MR DURHAM : This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code , As a result of your 07/11/2013 conviction of violatIng Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE an 09/16/2012: Your driving Privilege is SUSPENDED for a period of I 'YEA BSI effective 07/19/2013 at 12:01 a .m. This suspension is in addition to any other suspensions al- ready on your record . PR0V1QI.NGP.R00F OF INSURANCE, Within the last 30 days of your suspension/revocation , we will send you a letter asking that you provide Proof of in- surance at that time , This letter will list acceptable document nd . 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, JULY 19 , 2013, of t pis letter . If you file an appeal in the County Courtp 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 Depar-tment of Transportation Office of Chief Counsel Third Floor , :Riverfront Office Center Harrisburg , PA Remember ., this is a.h OFFICIAL OT. 'C SUSPENSION. Sincerelyp Janet L . Dolan , Director Bureau of Driver Licensing SEND .FE E/LICENSE/DL-16LC/TO .- INFORMATION (8 : 00 AM TO 5:00 PM) Department of Transportation IN STATE 1-809-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-t412-5300 'P . O . Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg , PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 ............... ................ HARRISBURG, PA 17123 04/10/13 ARAN DURHAM DRIVER ' S LICENSE NUMBER , 27128765 5330 E PALENINO RD BIRTH DATE : 07/14/84 PHOENIX AZ 85018 Dear MR . DURHAM This is a RESTORATION REQUIREMENTS LETTER . It lists what you must do to restore Your driving privilege , PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE . You will be notified by the Department of Transportation (PENNDOT) that your driving pr ivi Iege has been restored . Only after that maY You drive . The date when You are eligible to have Your driving Privilege restored has not been determined . To determine this ELIGIBILITY DATE , you rest resolve any issues Listed in this Letter as ORI `ER" S LICENSE RETURN, INDEFINITE SUSPENSION , INDEFINITE CANCEL , INDEFINITE RECALL , and/or PRISON RELEASE REQUIREMENT. 'lease read the following .information carefully and be sure to complete all requirements to have your driving Privilege restored . Unless another address is indicated , return any doca,srr-�ents and/or tees to the NAILING ADDRESS lasted at the end of this Letter . RESTORATION FEE --YOU must Pay a $50. 00 restoration fee to PEI=NLIOT. Write your driver ' s license number ( listed above) an the check or money order to ensure Proper credit . Your check or money order should be made: payable to PENNDOT. Please: note ! Paying the restoration fee DUES NOT satisfy the requirement to acknowledge your susPen-Sion/revocation , if you have not acknowledged Your suspension/revocation , please follow the instructions listed under "'Driver " s License Return" . PROOF OF INSURANCE. -Within 38 days of Your ELIGIBILITY DATE , Provide a copy of one of the following to PENNDOT to shops that all motor vehicles currently registered in Pennsylvania in Your name are insured : *Insurance ID card *Declaration Page of Your insurance Policy *Insurance Binder xAn a€ Plication of insurance to the PA Auto Insurance Plan If you do not € wn a motor vehicle currently registered in Penn yl.van'ia , send a signed statement of this fact to PENNDOT which reads "I day not own any motor vehicles currently registered in Pennsyl.varria" . 1 ........._._.............._._ ......_._......_._........ . __. _.._ _,...... .: , Please include your name , address , driver ' s license number and date of birth on the statement . DRIVER ' S LICENSE RETURN current PENNSYLVANIA driver ' s -you are required to return any and all ardCs) to PENNDOT . license( s) , learner ' s Permit ( s) and/or camera c If these are not in your possession , are expired , or you have never been issued a PENNSYLVANIA driver ' s license , complete and return an Acknowledgment Form (DL- 16LC) to PENNDOT . If you are an OUT OF STATE licensed driver or an OUT OF STATE resident: who has never been issued a driver ' s license * complete and return an Acknowledgment Form (DL- 16LC) to PE OT . An Acknowledgment Form CDL- 16LC1 may be obtained at any FENNDOT Driver ' s License Center . You may also write or call the address or phone number at the end of this letter to obtain this form . CX05302393) in the following -you did not respond to a traffic citation court : pHill PHILA TRAFFIC COURT S SPRING GARDEN ST . po BOX 56301 PHILADELPHIA PA 191232690 215-686-1675 Date of Violation : 07/08/11 Amount Owed : M4150 Contact the court to satisfy the citation . ( if the court information does not appear write or call PENNDOT at the address or phone number listed at the end of this letter) . Eus affic citation (X053024041 in the foll0wins -you did noi respond to a tr y court : pHjjI PHILA TRAFFIC COURT Boo SPRING GARDEN ST PO BOX 56301 215-686- 1675 PHILADELPHIA PA 191232690 Date of violation : 07/08/11 Amount Owed : 4M . 00 court to satisfy the citation . ( if the court information does Contact the appear , write or call PENNDOT at the address or phone number not listed at the end of this letter) . citation (XO5302415) in the follOwin -you did not respond to a traffic court ; PHI 11 PHILA TRAFFIC COURT 800 SPRING GARDEN ST PO BOX 56301 PHILADELPHIA PA 191232690 215-686-1675 2 . .... ..... ...... ............. Date of ,violation 07/08111 Amount owed : 1017 . CU Contact the court to satisfy the citation . ( if the court information does not appear , write or call PE.NNDOT at the address or phone number lj. t..e..d—Wt thW..._.an,d...of this letter) . INDEFINITE SUSPENSIO14 -_-"- -You did not respn A a tr'aff'ic citation (TI3794395) in the fallowin� 09305 DISTRICT COURT 507 N YORK STREET ARCL Y BUILDING MECHANICS BURG A 17055 717-766-4575 Date of Violation : 09/16/12 Amount Owed: *0 , 00 Contact the court to satisfy the citation = ( If the court information cues not appear , write or call PEN DOT at the address or phone number listed at the end of this Letterm TERM SUSPENSION/REVOCATION --You have a 3 MONTH (S) suspension re�rocation hat began Ear will begin) on 13/25110 Refer to the DRIVER' S LICENSE RETURN section in this letter for information on getting credit started for serving this suspension/revocation. The suspension/revocation is a result of 178€x', FAILURE TO MAINTAIN FR TERM SUSPENSION/REVOCATION -Your have a 20 DAY(S) suspension/revocation that began (or will begin) on 10/22/12 . Refer to the DRIVER ' S LICENSE RETURN section in this letter for information on getting credit started for serving this suspension/revocation . The suspension/revocation is a result of 1544 , ADD ON SUSPENSION This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to 00 this . Unless another address was indicated , return any documents and/ frees to the MAILING ADDRESS listed below, Phone numbers are provided for your use . To ensure prompt customer service , please write your driver ' s license number , Listed at the beginning of this letter , an al documents You send to PEi NDOT a Thank you . MAILING ADDRESS: INFORMATI ON (8 : 00 AM to 5 = PM) PENNDOT IN STATE. 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O . Box 68693 TIID IN STATE 1-800-228°-0676 Harrisburg , PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 3 I*;t'1U11CVfr_A L I M Ut" rtNN�Y L VAN I A DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg , PA 17123 Oci/10/2013 ADAM DURHAM (SID 1, 130878022001398 002 5330 E PALEMINO RD PROCESSING DATE 04/10/2013 DRIVER LICENSE It 27128765 PHOENIX AZ 815018 DATE OF BIRTH D7/14/19A4 Dear Motorist , This letter will acknowledge receipt of the LIC . AFFI- DAVIT You surrendered 03/22/2013 to serve your suspension , revocation or disqualification period . Our records indicate that your LIC. AFFIDAVIT was returned to the Department by the MAIL . Credit toward serving your sanction began on 03/22/2013. Sincerely , Janet L .. Dolan , Director Bureau of Driver Licensing INFORMATION ( 8:00 AM to 5 : 00 P.M) IN SIAIE 1 -800-932-4600 OUT-OF-STATE 717-412-5300 TOO IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 ....................... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Aafa.w, 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 14li)tt&� �y , 20 1$ , 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,3rd Floor 1101 South Front Street Harrisburg,PA 17104-2516 Date: 14tAg �Y , 20 /3 Signature: Z)--c� Type your Name: Ncho--, DLA. In a-m- Address: ,6590 e - ,,,c, r-S City/State/Zip Code: Fln,; n%i. , A � 3 g5 6"i8' Telephone: 21 9CM - ziDu-4 **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 Aam )I (Ar rr.. No.I (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__A_4 as 20 a hearing is scheduled ab on the appeal of Petitioner for the_ day of 20 13 at -f--;au ILM in Courtroom #k of the Cumberland County Courthouse, One Courthouse Square, 4"' 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,P 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. � e ourt, Judge Thomas A.Placey Common Pleas-Judge C`) in iEs IrL0111 44_ rrlcn b. _x ) CJ? - �{ z z —�►' "/ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ADAM DURHAM • • NO. 13-4935 CgIL t - v. . .•., �' COMMONWEALTH OF PENNSYLVANIA, • (C — o DEPARTMENT OF TRANSPORTATION, : r- y±�} BUREAU OF DRIVER LICENSING • r, 2C) ..�. Z (-, 3 ORDER -` -. AND NOW, this I3 day of N)0044-44 , 2013, the appeal filed in the above refer ced 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. WITHDRAWN. CONTINUED AND RESCHEDULED for the day of , 20_, at .m., in Courtroom No. of the Cumberland County Courthouse. BY THE iO R • . ATTEST: Kelly Edward Solomon, Esq., Office of Chief Counsel, Department of Transportation, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516 Adam Durham, 5330 E. Palamino Road, Phoenix, AZ 85018 eopie_S -4rasoA),:qty ?i o€J 4i .f Air-Ey �c ALE_ r ////3143