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HomeMy WebLinkAbout13-6908 ns lvania Supreme C Y 0011 T leas A!rPrp7Jignotary ys�.QttTY? D4cki eta: u j County :�•�"� -•• The i eollecteaf on this fdrm 'is used•sotely'for totirt administration :purposes, This form does not su 'cement or replace the :tin and.service ofpteddiri s.or other a ets as. n b :14WOr rules D s9urt. Co mencamentof Action: ❑ petitipn Complaint ,❑ Writ pf Summons of Takin 0 Transfer from.Anothcx Jurisdiction , d Declaratoo• g ;E ;' ead Defendant's Name �tiff s a a TT,� Aollar Am ucst ount Ii eqt d: d -.aiithin al6AS Are money damages requested? 13 Yes: ' No Ccheck one) ❑ oatside lim+ts - 1tT=. Is this s Class Aceloic Suit? d Yes No Is this an MDJAppea!? (� Yes LIdo Namc of plainliEf/.Appellant's Attornay: p -:. ;Cheek ftere if yd►1• bave no attorney (are a Self - Represented (pro Se) Lltlgw) 1`1gture of the•Ca e; :.'•Place an "X" to the left Qf the ONY case category that most accttrately t9e$cn'bes your PRl1KfIR•Y eA§X' If j!a�u are makitlg more than one typa'of c]aim + check the one that you considcr moat important. TORT (do not include Mass Tors! CONTRACT (do not to aude JudgmcnLo C]<YII+ APPEALS ❑••Intentional Cl •Buyer plaintiff Admittistr4veAgencies •Q Malicious Prosecution d Dcbt Collection: Credit Card O Board of Assessment ❑ Motor vehicle 'D Debt Collection: Other . 'd Board of Elections ❑ Nuisance Dept. of Transportation , 0 Premises Liability 0 Statutory Appeal: Other ❑ .Product Liability. (does not Include mass tort) O Employment Dispute%: E ` d Slander/Libel/ Defamation Discrimination• - - ' ❑ pd, - d Employment Ditapute:Other ❑ zoning Board MASS TORT ❑ Off q ' ❑ Asbecion O Tobacco O Toxic Tort - DES. C7 Toxic •fort - Implant ❑ Toxic Waste 7nnt RTY r LtANPOUS b Other: mmon Law /StatutoryArbitration matn /Condemnation laratory Judgment Ground t Ma ndamus . enant Dispute - Domestic Relations ' PRO FESSIONAL LIABLITY ❑ Mortgage Foreclosure: Residential Restraining Order O Dental Q , Mortgage Foreclosure: Commercial q • Pattit{on ' Q Quo Warranio D Legal l7 Quibt Title t] Replevin Medical 4 Ot6ot: ❑ Other; © Other Professional: . • Updated I/1%lt)11' SSOtt9 ONd 3IH18 _ -- LLLZ8b8�lZ XVd Wb6Z :ol EIOZ /lZ /ll 1000 /LOOOI�I _ -_ - - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael S. Danilshenko : No.: Appellant t' C3 - c COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Appellee , APPEAL OF DRIVER'S LICENSE AUTO REGISTRATION SUSPENSION AND NOW, this day of ! " , 2013, comes the Appellant, Michael S. Danilshenko, with his attorney, Kurt A. Blake, Esquire, and files the within License Suspension Appeal; to wit: 1. Appellant's Pennsylvania operator's number or automobile registration number is 23272231. 2. PennDOT proposes, by Notice dated November 5` 2013, sent regular mail to the Appellant's home address of 706 Front Street, Enola, PA 17025, to recall Appellant's driving privileges for an undetermined period of time, until he has demonstrated his condition meets PennDOT's minimum medical requirements, effective November 12', 2013, pursuant to Section 1519 ( c ) of the Vehicle Code. Attached hereto as Exhibit "A" is a copy of the notice. 3. The suspension of Appellant's operating privileges is contrary to law in that: ❑ 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 to this Appeal) BLAKE a GROSS, L.L.C. ATTORNEYS AND. COUNSELORS AT LAW 1 29 East Philadelphia � Street York, PA 17401 717 - 848 - 3078" �� �•� FAX 717 - 848 -2777 � � I J -�aq���s Other ec (s i ) N J�q reaso �LCA I : O Cc NI J 0 (,o ryn Is -OR- 0 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 or 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 and grant the Appellant a Supersedseas to operate her vehicle during the pendency of the herein appeal. Respectfully s ed, BLAKE ROSS, LLC BY: A. 43lake, Esquire ATTORNEY FOR APPELLANT 29 E. Philadelphia Street York, Pennsylvania 17401 (717) 848 -3078 I.D. #68791 BLAKE it GROSS, L.L.C. ATTORNEYS AND COUNSELORS AT LAW 29 East Philadelphia Street York, PA 17401 717 -848 -3078 FAX 717 - 848.2777 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael S. Danilshenko : No.: Appellant Vs. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Appellee CERTIFICATE OF SERVICE The undersigned hereby certifies that on I I day November, 2013,I caused to be mailed by certified mail # 70103090000038381.201 and 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 1.7104 -2516 Date: B m w—Aa� Y Lorena M. Wiser Legal Assistant to Kurt A. Blake, Esquire 29 E. Philadelphia Street York, Pennsylvania 17401 (717) 848 -3078 BLAKE & GROSS, L.L.C. ATFORNEYS AND ' COUNSELORS AT LAW 29 East Philadelphia Street' York, PA 17401 717 - 848 -3078 FAX 717- 848 -2777 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 ct to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to aut 'ties. Dated: y: Michael . Danilshenko BLAKE 8 GROSS, L.L.C. ATTORNEYS AND COUNSELORS AT LAW 29 East Philadelphia Street York, PA 17401 717 - 848 -3078 FAX 717 - 848 -2777 1 rcindef COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: 11/45/2013 MICHAEL S DANILSHENKO 706 FRONT ST ENOLA PA 17025 Dear Mr. MICHAEL S DANILSHENKO : This is an official Notice of the Recall of your Driving Privilege as authorized by Section 1519(c) of the Pennsylvania Vehicle Code. PennDOT has received medical information indicating you have a SeiGUre condition, which prevents you from safely operating a motor vehicle. As of 11/12/2013, you may no longer drive. Your driving privilege is hereby recalled. until you have demonstrated your condition meets PennDOT's nlii]iinuin medical standards. This decision has been made by comparing your medical. information with the standards recommended by our Medical Advisory Board and adopted by PennDOT. This action will remain in effeCt Until PennDOT receives medical information indicating that your condition has improved, and you ,ire able to safely operate a► motor vehicle. If you feel our records are incorrect., you may have your health care provider submit updated information detailing your medical condition. In order to comply with the medical recall, you must return all valid Pennsylvania driver license products. including your driver's license, endorsement card, learner permits, temporary driver's license, and camera cards in your possession on or before the effective date listed above. If you cannot comply with the requirements stated above, a sworn affidavit stating you are aware of the action against your driving privilege must be submitted. When PennDOT receives all, of your valid products or a sworn affidavit, you will be mailed a receipt.. If you do not receive this receipt within 15 days, contact .PennDOT's Driver and Vehicle Services Customer Caine Center at 1- 800 -932 -4600 immediately. If you do not return all current driver's license products, this matter will be referred to the Pennsylvania State Police for prosecution under ,Section 1571 (a) (4) of the Pennsylvania Vehicle Code. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a free photo identification card. The initial issuance of the photo identification card will be tree by completing and following the instructions on the Application for Initial Photo Identification Card (DL -54A), which is available on PennDOT's Driver and Vehicle Services website at www.dmv.state.ha , us. The photo identification card will be valid for four years; however, you will be required to pay the renewal fee after the initial issuance, if you wish to continue to hold a photo identification card. You have the right to appeal to the Court of Common Pleas (Civil Division) within thirty (30) days of the inail elate of this notice. If you file an appeal in the County Court, the Court will give you a tinlc- stamped certified copy of the appeal. In orcicr for your appeal. to be valid, you mist 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 F+ You still must send in your Pennsylvania driver's license products by the effective date of recall unless you appear in person before a judge and receive an order permitting you to continue driving. 1f you have any questions, please contact the Medical Unit at (71.7) 787 -9664, Monday through Friday, between the hours of 8 a.m. and 4:15 p.m. Sincerely, Janet L Dolan, Director Bureau of Driver Licensing Driver License # 23272231. Enclosure: DL -121 : Seizure Reporting Form IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael S. Danilshenko : No.: Appellant VS. rnrn , j...� COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION 71 C , C—. BUREAU OF DRIVER LICENSING Appellee a ORDER SCHEDULING HEARING ON APPEAL AND NOW,this AS day of ,2013,a hearing is scheduled on the appeal of the Petitioner for ,the r? day of ,2Q& at 40 a.m. in the , Carlisle, Pennsylvania, at which time testimony will be taken and argument heard. Pending his appeal,the Appellant shall continue to have his driving privilege. 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 Co , BLAKE ft GROSS,L.L.C. ATTORNEYS AND �J COUNSELORS AT LAW `y' 29 East Philadelphia /ge Street York,PA 17401 717-848-3078 / FAX 717-848-2777 ✓�/Q�C� (��OSs, �iL C ✓! 'c�aF' Cf;cf' o-/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael S. Danilshenko : No.: 13-6908 S -�. Appellant , p - 4 i d • VS. �rt COMMONWEALTH OF PENNSYLVANIA i DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING Appellee PROOF OF SERVICE The undersigned hereby certifies that on December 2nd, 2013, I caused to be mailed by certified mail # 70103090000038381300,postage prepaid, a copy of the Appeal, Signed 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 Attached hereto as Exhibit"A" is the signed certified mail green card as proof of service. Date: `^ " I By I 1 • • ♦ Lorena M. Wiser Legal Assistant to Kurt A. Blake, Esquire 29 E. Philadelphia Street York, Pennsylvania 17401 (717) 848-3078 BLAKE&GROSS,L.L.C. ATTORNEYS AND COUNSELORS AT LAW 29 East Philadelphia Street York,PA 17401 717-848-3078 FAX 717-848-2777 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete item 1,2,and 3.Also complete A. ire ❑Agent item 4 if Restricted Delivery is desired. X 0 Addressee • Print your name and address on the reverse C.Date A dr so that we can return the card to you. B.Received by(Printed Delivery • Attach this card to the back of the malipiece, c r or on the front If space permits. D. Is deuvey address different from item 1? ■ Yee 1, Article Addressed to: H YES,enter deliver"address below' 0 No Office of Chief Counsel 4(19f—j Vehicle and Traffic Law Division Re. Office Center,3rd Floor 3. llpe 1101 South Front Street Certified Mall 0 Express Mall Harrisburg,PA 17104-2516 Refired 0 Return Receipt for Mme 0 :. Mall ❑C.O.D. 4. Reddf lcted DeMeryr(extra Fee) 0 tills 2. Article Number 7010 a90 ;0000 3838 1300 , it` 1 ,IF: E •-. 664 10260606W164o 1 ) 1\,‘t MICHAEL S. DANILSHENKO, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. : COMMONWEALTH OF PENNSYLVANIA, • NO. 13-6908 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: J. /Attest: Kurt A. Blake, Esq., Blake & Gross, L.L.C., 29 East Philadelphia Street, York, PA 17401 - Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 aOpt c mss' c _f .41Avicf z ; c, 7-7, -� l.n