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HomeMy WebLinkAbout13-6795 Supreme C r df Pennsylvania CourMA,111:�f o Commo ' leas For Prothonotary Use Only; it yCove°rySheet , Docket No: _ �` \ County >; The information collected on this form is used solely for court administration purposes. This forth does not supplement or replace the filing and service ofpleadings or other papers as required by 1mv or rules ofcourt. Commencement of Action: F Complaint El Writ of Summons Petition S 0 Transfer from Another Jurisdiction F7 Declaration of Taking Lead Plaintiff s Na Ke: Lead Defendant's Name:c 1 f e d o T ;: Dollar Amount Requested: Flwithin arbitration limits I Are money damages requested? Q Yeso (check one) F1 outside arbitration limits O N. Is this a Class Action Suit? E]Yes No Is this an MDJAppeal? D Yes 1 0 A Name of Plaintiff/Appellant's Attorney: Check here if you have no attorreN'(are a Self-Represented r ro 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,Class Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution El Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other Board of Elections Nuisance ept.of Transportation Premises Liability Statutory Appeal:Other 0 Product Liability (does not include mass tort) 11 Employment Dispute: E Slander/Libel/Defamation Discrimination C Other: El Employment Dispute: Other Q Zoning Board 0 Other: T� i' 17 Other: MASS TORT F Asbestos N. 0 Tobacco FJ Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: El Ejectment E] Common Law/Statutory Arbitration BQ Eminent Domain/Condemnation 1] Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non-Domestic Relations F1 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mort gage Foreclosure: Commercial 0 Quo Warranto F Dental n Partition Replevin 1] Legal M Quiet Title 0 Other: F Medical 0 Other: M Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 13 -b'7 9S' w (Type your name) G� ° - . Vs. Driver's License/Auto Registration Appe7,0 0 Commonwealth of Pennsylvania Department of Transportation bC%o Bureau of Drivers Licensings .} APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) , 20 13 , comes the Appellant, (Type your name) e'; Q 0 rX)WOL-, 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) - 13, 20__-L3 ,to suspend Appellant's 'driving privileges Fl automobile registration for a period of(Insert length of suspension) y q pursuant to Section of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) /V P3Y l 20 ****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:) n 0 r °L�U S 1° G vl wl, 1,e,3. 25 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, (Sign name here k e,'11 I 6 a b C) L) �2 (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: �J Type Name: K t°! 1 VI r/ 6(i0 / 0 U Address: City/State/Zip Code: U2 Telephone Number: Email address: @ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9C) a&(3 u 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 NOV /O , 20 13 , I 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: AV I Oc, , 20 13 Signature: Type your Name: f r a 12-10 0 V l� Address: (Le5 LU e LNC 2—. City/State/Zip Code: t° G hl �v 7 / t)sO Telephone: 7 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** vL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ;411 £arou No. 13. (072‘ /� (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 ctQ14 day of .tpt/ , 20/s , a hearing is scheduled on the appeal of Petitioner for the /7 day of , 20/y at 1 : 30 /}OM in Courtroom # 1 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, /(04. A aro Ces..c � ` 11-1k - "Oa' Judge / . 13aAcw.L__ Ll: r.r f K- -t,4 ///a.c)/(3 ›, -19 C ) KEITH BARBOUR, • IN THE COURT OF Petitioner • COMMON PLEAS OF CUMBERLAND COUNTY v. : COMMONWEALTH OF PENNSYLVANIA, : NO. 13-6795 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 7, 2014. BY THE COURT: J. Attest: ✓Douglas K. Marsico, Esq., Caldwell & Kearns, P.C., 3631 North Front Street, Harrisburg, PA 17110 4- Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 1 ES' l t Lk/