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HomeMy WebLinkAbout13-6925 Supreme Coin of ; ennsylvania COu r COQ O Fleas For Prothonotary Use Only: C�i i1 Co�e�Sh,e�t r ; 4 Docket No: f C vM � er 1 ,I, .� County The information collected on this form is used solely 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 M Complaint 0 Writ of Summons 0 Petition E 3 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T D" C Co r l e „ Do Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes ( No O (check one) Ooutside arbitration limits � N Is this a Class Action Suit? 0 Yes [�F No Is this an MDJAppeal? ©Yes No k A NameofP laintiff /Appellant'sAttorney: � F, �,,tngs� F5gj irh 0 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 rJ Intentional f Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution O Debt Collection: Credit Card D Board of Assessment ri .! Motor Vehicle r-11 Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation E] Premises Liability - _ Statutory Appeal: Other S Product Liability (does not include � Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other ❑ Zoning Board T Other: I a Other: O MASS TORT Asbestos N - i Tobacco O Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste =i Other: 0 Ejectment Q Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation r.I Declaratory Judgment 0 Ground Rent 0 Mandamus O Landlord/Tenant Dispute 0 Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY O Mortgage Foreclosure: Commercial Quo Warranto 0 Dental I Partition Replevin i L ] Legal 0 Quiet Title Other: Medical ® Other: 0 Other Professional: Updated 1/112011 DUSTIN McCORKLE IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF LICENSE SUSPENSION APPEAL Zm PENNSYLVANIA,' cn r' PENNSYLVANIA DEPARTMENT r :Z OF TRANSPORTATION, BUREAU OF DRIVER C) LICENSING, .Q2^ Appellee APPEAL FROM SUSPENSION OF OPERATOR'S PRIVILEGE AND NOW comes the Appellant, Dustin McCorkle, by and through his attorney, Karl E. Rominger, Esquire, and avers the following: 1. Appellant whose mailing address is 290 Lincoln Street, Carlisle, Pennsylvania. 2. Appellant received Notice dated November 11, 2013, stating that as authorized by Section 1547BIll of the Pennsylvania Vehicle Code, as a result of violating Section 1547 of the Vehicle Code, his driving privilege is suspended for a period of 18 months effective December 16, 2013, at 12:01 a.m. A copy is attached hereto as Exhibit "A ". 3. The administrative order of the Pennsylvania Department of Transportation suspending his license is improper. 4. Petitioner did not refuse. 5. The Legislature did not intend for a suspension to apply in this instance. 6. Appellant appeals the November 11, 2013 Order of the Department of Transportation. to 3•�s-P� �'� WHEREFORE, your Appellant respectfully requests this Honorable Court schedule an evidentiary hearing on the matter and in the meantime to grant a Supersedeas pursuant to the Vehicle Code. Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241 -6070 Supreme Court ID # 81924 DUSTIN McCORKLE IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No. COMMONWEALTH OF LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that I this day served a copy of the Appeal From Suspension Of Operator's Privilege upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center, Harrisburg, PA 17104 -2516 Respectfully submitted, Rominger & Associates Date: arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241 -6070 Supreme Court ID # 81924 Attorney for Appellant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail .Date: NOVEMBER 11, 2013 DUSTIN CASEY MCCORKLE WID # 133086123060335 001 106 SOUTH WEST ST PROCESSING DATE 11/04/2013 DRIVER LICENSE # 28514323 CARLISLE PA 17013 DATE OF BIRTH 12/10/1987 Dear MR. MCCORKLE: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547BIII of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 10/27/2013: ■ Your driving privilege is SUSPENDED for a period of 18 MONTH(S).effective 12/16/2013 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 12/16/2013. You may surrender these items before, 12/16/2013, 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 identification card. 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: 133086123060335 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. otherwise, you will 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 ". 133086123060335 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, NOVEMBER 11, 2013, of this letter. If you file an appeal in the County Court, the Court will give you a time 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 Floor, Riverfront 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 12/16/2013. Sincerely, 9� �-. Z g Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8 :00 a.m. to 5:00 p.m. IN STATE 1- 800 - 932 -4600 TOO IN STATE 1- 800 - 228 -0676 OUT -OF -STATE 717 - 412 -5300 TOO OUT -OF -STATE 717- 412 -5380 WEB SITE ADDRESS www.dmv.state.pa.us DUSTIN McCORKLE : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 13 - �9 COMMONWEALTH OF : LICENSE SUSPENSION APPEAL PENNSYLVANIA, PENNSYLVANIA DEPARTMENT • OF TRANSPORTATION, • BUREAU OF DRIVER LICENSING, • Appellee • ORDER OF COURT AND NOW, this ar 7-4 day of 2,,tiednl ems, 2013, upon consideration of this Appeal From Suspension Of Operator's Privilege, it is Ordered that a hearing on the matter shall be held on the /7 4 day of , 074/Y , at 1 3C) o'clock Q . m. in Courtroom No. of the Cumberland County Courthouse. A Supersedeas is granted pursuant to Vehicle Code Section 1550(b) (1)until such time that this Honorable Court resolves this appeal. By the Court: 44 J. Distribution: • /Office of Chief Counsel PA DEPARTMENT OF TRANSPORTATION rn Third Floor, Riverfront Office Center 7"- iv ` Harrisburg, Pennsylvania 17104-2516 :1_ rr�Ft Via. : ...r Karl E. Rominger, Esquire �' 7 _ ROMINGER &ASSOCIATES 3' -- "- 155 South Hanover Street Carlisle, Pennsylvania 17013 SOP;es ,./ed 11/x7//3 1 DUSTIN McCORKLE, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA . THE NINTH JUDICIAL DISTRICT . CIVIL ACTION - LAW . 13-6925 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA: DEPARTMENT OF TRANSPORTATION, BUREAU OF : DRIVER LICENSING, Appellee LICENSE SUSPENSION APPEAL IN RE: APPEAL FROM SUSPENSION OF OPERATOR' S PRIVILEGE ORDER OF COURT AND NOW, this 17th day of January, 2014 , after hearing, the Court being prepared to resolve issues of credibility in favor of the Department of Transportation, the within Appeal from Suspension of Operator' s Privilege is dismissed. By the Court, M/44/1— Kevin 1 . Hess P.J. Philip Bricknell, Esquire Office of Chief Counsel PA Department of Transportation Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 Karl E. Rominger, Esquire - s 155 South Hanover Street - _ Carlisle, PA 17013 31. fin„ N ca :mae te Corl'es fregzs tEL xviz o4 41010 /AZ V/1(