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Home My WebLink About13-5978 Supreme Court of Pennsylvania Court of Common Pleas For Aothonolwy Use Only: C' ��^I__ Civil Cover Sheet Docket No: iu1711 ' County /3 -_07C Cry L-1 The inJin-mation collected on this spun is used soletvjor court administration purposes. This jornr does not supplement or re placce the filing and service ofirileadings in other popers as required by law or rules o 'Court. Commencement of Action: S .Complaint ,Writ of Summons. Petition for Registration Suspension (X) .Transfer from Another Jurisdiction .Declaration of Taking E Lead Plaintiff's Name:Commonwealth of Pennsylvania Lead Defendant's N. C Department of Transportation,Bureau of s h-2 L�AIZ A R L( e f] E T Are money damages requested? NO Dollar Amount Requested:N/A .within arbitration limits l the kone) .outside arbitration limits O Is this a Class Action Suir N o Is this an MOJAppeaf? N o N Name of Plaintiff/Appellant's Attorney: A k`�P : 2f'\ PROSE 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 nw include CIVIL APPEALS .Intentional Judgments).Buyer Plaintiff Administrative Agencies .Malicious Prosecution .Debt Collection: Credit Board of .Motor Vehicle Card.Debt Collection: Assessment Board .Nuisance Other of Elections .Premises Liability Dept. of S .Product Liability (doesnotinclude Transportation masaror!) Statutory Appeal: Other E .Employment Dispute: .Slander/Libel/ Defamation C . Discrimination Other: N/A Employment Dispute Other T Zonin g � I Board .Other: O MASS TORT .Other: N/A .Asbestos �- Tobacco .Toxic Tort - DES .Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS ..Toxic Waste .Ejectment .Common Law/Statutory ..Other: .Eminent Arbitration.Declaratory Judgment Domain/Condemnation. .Mandamus Ground Rent .Non-Domestic Relations .Landlord/Tenant Dispute Restraining Order PROFESSIONAL LIABLITY .Mortgage Foreclosure: Residential .Quo Warranto .Dental Mortgage Foreclosure: ..Replevin .Legal Commercial.Partition .Other: N/A .Medical .Quiet Title .Other Professional: n/a .Other: N/A Updated 1/1/1011 Barbara Ruppert Cumberland County 213 South Market,Street Court of Common Pleas Mechanicsburg, PA 171055 No. I3 - CV_ Vs. Commonwealth Of - Pennsylvania, Department of Transportation, Bureau of Drivers Vehicle Registration `- APPEAL FROM THE SUSPENSION OF VEHICLE REGISTRATION PRIVILEGES AND NOW,comes Petitioner,Barbara Ruppert appearing Pro Se respectfully avers as follows: 1. Petitioner resides in Cumberland County and is subject to the Jurisdiction of this Honorable Court. 2. Petitioners vehicle registration Number is: WID # 132089999010677011. 3. Petition has Vehicle Insurance coverage in place. 4. Pennsylvania Department of Transportation (Hereinafter"PennDot") proposed Notice to suspend Petitioner's Vehicle Registration for a period of 3 months pursuant to Section 1786(d) of the Vehicle Code, Effective October 17, 2013. See attached Exhibit"A" attached to Notice of Appeal and incorporated herein by reference. 5. The withdrawal and suspension of Petitioner's vehicle registration privileges is unlawful, arbitrary or in the Alternative caused by mistake or error. Petitioner actions does not warrant suspension. 6. Notice of Appeal pursuant to the PA. Rules Civil procedure and the riles of this honorable court,petitions will be served upon Plaintiff. �2 9�7s 7. Plaintiff Agency proposed notice of suspension bears a date of September 12, 2013. See Exhibit"A"attached hereto. WHEREFORE,Petitioner respectfully requests that this Honorable Court allow Plaintiff to take an appeal from the suspension her vehicle registration privileges. Respectfully subrnitted( L L Petitioner Barbara R Verification I verify that the statements made in this Petition are true and correct.I understand that false statements herein are made subject to the penalties of 18 Pa. GSA §4904,relating to unworn falsification to authorities. i Date:October 11,2013 By: Barbara Ruppert 213 South Market, Street Mechanicsburg, PA 171055 (717) 796-0699 (-ONFNIONWKAI:I IF OF PENNSYLVANIA — I)EPAR'FYIF.N F OF"IRANSPOR"I A ION [it REAL) OF MOTOR VEIIICLES PO BOX 68674 IIARRISBURO, PA 17106-8674 wwwalnv.stale.pa.us WID# 132489999026269 001 TITLE# 71180525 PROCESSING DATE 130905 TRANSACTION CODE 00060 BARBARA A RUPPERT 213 S MARKET ST MECHANICSBURG, PA 17055 OFFICIAL NO I ICE NIAD. DATE: 09/12113 Ucar Customer: I he Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle MAKE: MAZFA YEAR: 2006 BODY "IYPE: SEDAN I.RLNSE PLAIT./): ICN17035 'ITI'LE#: 71190525 VIN#: IM113K32G461438599 '[fits infnttnation was requested because (;ElCO INDliMVF1Y COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 07/17,'13. Either no response was received or the information You provided was not acceptable. As a result, the registration for the %chicle listed above will be suspended for three months effective 10117/13 al 12:01 A VI. as authorized by Section 1786(d) of the Vehicle Code. 17115 IS A FINAL ORDF;R OF St1SI'ENSION. Yen are required In return )'our current registration plate, slicker and card In 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 restorahon 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. On not send cash. You can also pay by credit card online at wwwArm. state.pa.us by selecting 'Pay Your Financial Responsibility Restoration Fee'. Within 30 days of your eligibility date lot rcsteralion, you will also be required to show proof of insurance for this vehicle. We have enclosed a sell 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 plabq sfie4cr and card to the Department you do not receive a letter slating tour registration products were received, please contact us immediately. You have the right to appeal this suspension to the Court of Common fleas of the county of your residence within Ihirtv(30) days of the mail dale 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 Depl of'Iransportalion Office of Chief Counsel 1101 S Front Street-3rd Fluor flarrisburg, PA 17104-2516 Barbara Ruppert : Cumberland County 213 South Market, Street • Court of Common Pleas Mechanicsburg, PA 171055 • rr i CZ, 1�, -° : No. 13-5978 CV �!'? c r _ Vs. cn r _ Commonwealth Of { e`' Pennsylvania, Department f of Transportation,Bureau of Drivers Vehicle Registration TM mo MOTION TO ACCEPT SECOND PROPOSED ORDER FOR SCHEDULING AND SUPERSEDEAS AND NOW,comes Petitioner,Barbara Ruppert appearing Pro Se respectfully files this Motion to Accept second proposed order for Scheduling and Supersedes herby avers as follows: 1. Plaintiff filed a timely petition on the above captioned matter on October 11, 2013 in Office of Prothonotary of this court. 2. Plaintiff served copy of Petition on October 15, 2013, via Certified Mail. . 3. The Plaintiff, in her Petition attacked a proposed order, that first proposed order did not present a request for supersedeas. 4. Plaintiff has received no decision by this court on the petition's first proposed order for appeal. 5. Petitioner now request this court accept the second proposed order for hearing and supersedes as petitioners order for the Petition. 6. The second proposed order with a request for supersedeas is herby attached. 7. Petitioner is requesting the court approve the order by setting a hearing date and order for supersedes. WHEREFORE, Petitioner respectfully request that this Honorable Court accept the second proposed order, and approve that order for hearing and supersedeas. Respectfully submitted. TOR k //Ma r Date:October 15,2013 fir') By: Barbara Ruppert 213 South Market, Street Mechanicsburg, PA 171055 (717) 796-0699 PLAINTIFF'S SECOND PROPOSED ORDER FOR SCHEDULING AND SUPERSEDEAS 0 Barbara Ruppert Cumberland County 213 South Market, Street Court of Common Pleas Mechanicsburg, PA 171055 No. 13-5978 CV Vs. Commonwealth Of Pennsylvania, Department • of Transportation,Bureau of Drivers Vehicle Registration j CERTIFICATE OF SERVICE AND NOW, thisday of October 2013, I Barbara Ruppert,Petitioner in the above titled action hereby certify that a copy of the within Motion for Second Proposed Order for Scheduling And Supersedeas was served by United States First Class Mail pre-paid, addressed to the following: Pennsylvania Department of transportation Office of chief Counsel 1101 South Front Street, 3rd Floor Harrisburg, PA 17104-2516 iirr ►416 J; Date: October 15,2013 Barbara Ruppert I I 213 South Market, Street Mechanicsburg, PA 171055 (717) 796-0699 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA '671 r ica . ‘r4-- • (Print your name) •• • Vs. • Driver's License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation . l Bureau of Driver Licensing ORDER SCHEDULING HEARING ON APPEAL AND NOW, this /S day of , 20/ 3, a hearing is scheduled on the appeal of Petitioner for the /7 day of , 20/5/ at 9 : 3d AM in Courtroom # 9 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, /f7 / Judge ieS ir6-1&EL 'Po .Sietfef2± , r Barbara Ruppert • THE COURT OF COMMON 213 South Market Street PLEAS CUMBERLAND COUNTY Mechanicsburg,PA. 17055 • NO. 13-5978-CV Petitioner • v. • • Pennsylvania Department • DRIVERS VEHICAL - Transportation REGISTRATION APPEAL ' Bureau of Drivers Licensing • a 1101 South Front Street : Harrisburg, PA. 17104-2516 (Dr- ""} MOTION TO RESCHEDULE HEARING =c5 AND NOW, comes Plaintiff and Petitioner Barbara Ruppert("Petitioner"), appearing Pro Se,moves this court pursuant to Pa.R.C. P. 208.1 et al.,to grant its proposed Order attached hereto, and assert is support as follows: 1. Petitioner brought this action as a petitioner to this Honorable Court for judicial review and trial of Pennsylvania department of Transportation(hereinafter"PENNDOT") suspension of Petitioner's vehicle registration. 2. By a prior ruling this Honorable Court granted Petitioner's petition and set a date for a hearing on the instant matter,the court hearing is now scheduled for January 17, 2014. 3. The Court has held no hearing on this matter,nor have any briefs been filed. 4. Petitioner has filed no prior motion for continuance before this Honorable Court. 5. Petitioner now files this motion for a rescheduling beyond the hearing scheduled on January 17, 2013. 6. The reason for the request rescheduling is for good cause,that cause is a recent medical problem that the petitioner is experiencing. 7. The Pa.R Civ. Procedures vest this Honorable Court with discretional power to command the time and date of hearing. 8. At present the Petitioner vehicle is lawfully insured and registered. Any order granting the continuance of the hearing January 17, 2014,will not cause any prejudice on to PENNDOT. WHERFORE, Plaintiffs prays this Honorable Court grant Petitioner the relief requested herein by rescheduling the January 17, 2013 hearing. Submitted By'/44 44, �C Barbara Ruppert, Pro Se �, 213 South Market Street Mechanicsburg, PA. 17055 (717) 796-0699 C) Barbara Ruppert • THE COURT OF COMMON 213 South Market Street : PLEAS CUMBERLAND COUNTY Mechanicsburg PA. 17055 • NO. 13-5978-CV Plaintiff • v. • Pennsylvania Department • DRIVERS VEHICAL Transportation REGISTRATION APPEAL Bureau of Drivers Licensing 1101 South Front Street • Harrisburg, PA. 17104-2516 Defendant CERTIFICATE FOR SERVICE I do herby state that on the 15 day of December 2013, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first class,postage prepaid, in Harrisburg, Pennsylvania, addressed to: Pennsylvania Department Transportation Bureau of Drivers Licensing 1101 South Front Street Harrisburg,PA. 17104-2516 Defendant Prothonotary Cumberland County Cumberland County Courthouse One Court House Square Carlisle, Pa. 17013 Submitted By ' A cy Barbara Ruppert 213 South Market Street Mechanicsburg,PA. 17055 7 j ti Barbara Ruppert THE COURT OF COMMON 213 South Market Street : PLEAS CUMBERLAND COUNTY Mechanicsburg PA. 15055 NO. 13-5978-CV • Plaintiff . • • • v. , Pennsylvania Department • DRIVERS VEHICAL 7 Transportation 'N a Bureau of Drivers Licensing r---:_: --- c..;' , 1101 South Front Street : 4 Harrisburg,PA. 17104-2516 2:',---,-. ' ` Defendant j . __ ORDER AND NOW, DAIjyrnivit/ 31 02 6/3 , upon consideration of Plaintiff's Motion to Reschedule this Court's January 17, 2014, hearing, it is ordered that: Plaintiffs Motion is granted and hearing shall be held on 3 , d 0/iL in courtroom 3 of the Cumberland County Courthouse 91 <36 a . rii • BY THE COURT: _.----/c4. ,7;, iZ4 / Distribution: ✓Pennsylvania Department Transportation Bureau of Drivers Licensing 1101 South Front Street • • Harrisburg,PA. 17104-2516 J • ;��`: `i • ✓Brbara Ruppert � \ 213 South Market Street , Mechanicsburg, PA. 17055 BARBARA RUPPERT , • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, : NO. 13-5978 CIVIL TERM DEPARTMENT OF TRANSPORTATION, • REGISTRATION Respondent • SUSPENSION APPEAL ORDER AND NOW, this 31ST day of January, 2014, the appeal filed in the above- captioned matter is CONTINUED and RESCHEDULED for the 2nd day of June, 2014, at 1:30 p.m., in Courtroom 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE Co . J. Attest: Barbara Ruppert, Pro Se, 213 South Market Street, Mechanicsburg, PA 17055 ✓ 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 ', eS r-Zt a . INO BARBARA RUPPERT, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 13-5978 CIVIL TERM : APPEAL FROM LICENSE SUSPENSION COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN RE: ADMISSION OF COMMONWEALTH EXHIBIT ORDER OF COURT AND NOW, this 2nd day of June, 2014, this being the time and place set for a hearing in the above -captioned appeal, and the Commonwealth having moved for admission of its Exhibit Number 1, Commonwealth Exhibit Number 1 is admitted to the record. By the Court, M. L. Ebert, Jr., J. Barbara Ruppert, Pro Se Appellant 213 S. Market St. Mechanicsburg, Pa. 17055 Philip M. Bricknell, Esquire For PennDOT .mtf CO 1. / ' L1 liCb &ph BARBARA RUPPERT, Appellant V COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-5978 CIVIL TERM : APPEAL FROM LICENSE SUSPENSION IN RE: APPEAL OF DRIVING SUSPENSION ORDER OF COURT AND NOW, this 2nd day of June, 2014, this being the time and place set for a hearing on appeal of driving privilege suspension, and the defendant having failed to appear, it is hereby ordered and directed that the appeal is dismissed. The previous suspension is reinstated. You. have 30 days from today's date to file an appeal of this Order. By the Court, \\ C:A>:). M. L. Ebert, Jr., J. ,/Barbara Ruppert, Pro Se Appellant 213 S. Market St. Mechanicsburg, Pa. 17055 hilip M. Bricknell, Esquire For PennDOT :mtf 1 ES p rel