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HomeMy WebLinkAbout13-6207 Supreme Co.A •o Pennsylvania C011rOrCommo leas For Prothonotary Use Only: Civil Cbver'Sheet t Docket No: Cu �eerr Countyt f� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the.fili.ng and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [I Complaint El Writ of Summons Ix Petition nF Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Ryan E. Campbell PennDOT T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? 0 Yes Z No (check one) Qoutside arbitration limits O N Is this a Class Action Suit? Yes x No Is this an MDJAppeal? F-1 Yes 17x No A. Name of Plaintiff/Appellant's Attorney: M 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 [I Buyer Plaintiff Administrative Agencies Q Malicious Prosecution El Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections E] Nuisance ❑x Dept.of Transportation Premises Liability El Statutory Appeal:Other S 0 Product Liability(does not include mass tort) Dispute: E Discrimination El Slander/Libel/Defamation C Q Other: � Employment Dispute:Other El Zoning Board El ,I, I Other: O MASS TORT 0 Asbestos N [] Tobacco 0 Toxic Tort-DES n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Ejectment Q Common Law/Statutory Arbitration Other: 1 Eminent Domain/Condemnation E] Declaratory Judgment B 0 Ground Rent Q Mandamus M Landlord/Tenant Dispute Non-Domestic Relations LJ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY I❑— Mortgage Foreclosure:Commercial Quo Warranto 0 Dental in Partition El Replevin 0 Legal E] Quiet Title l Other: C,' Medical E] Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ryan E. Campbell No. /3— fir2 ? 01'a (Type your name) tw�:5 Vs. Driver's License/Auto Registration Appr w Commonwealth of Pennsylvania �;r_ c �% Department of Transportation r,3 CD Bureau of Drivers Licensing C7J —=�• -T APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION., AND NOW,this (enter today's date) October 21 2013 ,comes the Appellant, (Type'yoa-F arrie) Ryan E. Campbell , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 26340445 2. PennDOT proposes, by Notice dated (insert"mailing" date here) October 2 , 2013 ,to suspend Appellant's driving privileges 1-1 automobile registration for a period of(Insert length of suspension) 18 Months pursuant to Section 1547B111 of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) November 6 12013 ****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:) 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). 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, (Sign name here) Ryan E. Campbell (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: <y Type Name: Ryan E.Campbell Address: 169 E. Pomfret Street City/State/Zip Code: Carlisle, PA 17013 Telephone Number: 717-226-4296 Email address: rcwrestle141 Ca gmail.com 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : OCTOBER 02, 2013 RYAN EDWARD CAMPBELL WID # 132686180629648 001 169 E POMFRET ST PROCESSING DATE 09/25/2013 DRIVER LICENSE # 26340445 CARLISLE PA 17013 DATE OF BIRTH 03/05/1983 Dear MR. CAMPBELL : This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1II of the Pennsylvania Vehicle Code . As a result of your violation of Section 1547 of the Vehicle Code , CHEMICAL TEST REFUSAL , on 08/24/2013: ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 11/06/2013 .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 on or before 11/06/2013. You may surrender these items before , 11/06/2013, 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 iaentification °care,-. 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 : 132686180629648 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. otherwi-se, you wi ] I 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 page) 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" . 132686180629648 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, OCTOBER 02 , 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 Rivnrfront 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 11/06/2013. Sincerely, 9�j�- - Z g �/'V Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 8: 00 a .m. to 5 : 00 p .m. IN STATE 1-800-932-4600 TOD 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 Ryan E. Campbell No. L (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 a9V day of JftOT��QhJ , 20Z_j , a hearing is scheduled on the appeal of Petitioner for the /7q day of 2015;4 at /: 3d /0 M in Courtroom # I/ 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 e d&S #&b -, 6sL iolac4ll2i Ir-C. �� RYAN E. CAMPBELL, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY • v. • COMMONWEALTH OF PENNSYLVANIA, • NO. 13-6207 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 REMANDED to the Department of Transportation for correction of its records. BY THE COURT: /14. J. Attest: / Ryan E. Campbell, 169 East Pomfret Street, Carlisle, PA 17013 ✓ 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 Cc?ik,s /frzAy _