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HomeMy WebLinkAbout13-7018 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: County �3 �� �� Ctvi L The information collected on this form is used solely for court administration purposes. This form does not supplement or 1•eplace the filing and Service of pleadings or other papers cis required by lcnv or rules of court. Commencement of Action: S El Complaint El Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead P�tiff's Na :me Lead Defendant's Name: _ T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? El Yes r-4 No (check one) ❑outside arbitration limits O N Is this a Class Action Snit? ❑Yes No Is this an MDJAppeal? ❑ Yes P No A Name of Plaintiff/Appellant's Attorney: Check l.ere i#'sots hu%e no attorneN (are :r Self-Represented [I'rta wed l.,itigtant) 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 ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other Board of Elections ❑ Nuisance Dept.of Transportation ❑ Premises Liability Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination El C El El Employment Dispute:Other El Zoning Board ,I, El Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: E] Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus El Landlord/Tenant Dispute ❑Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephanie L. Limbert No. 13 r 10 /9 �ia Pam (Type your name) °= c: Vs. Driver's License/Auto Registration Appeal m -- CY? eV r Commonwealth of PennsylvaniaEL c^+ (40 Department of Transportation .,C Bureau of Drivers Licensing CD APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION (M AND NOW,this(enter today's date) November 26 2013 ,comes the Appellant, (Type your name) Stephanie L. Limbert , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 24 802 462 2. PennDOT proposes, by Notice dated (insert"mailing"date here) November 7 , 2013 to suspend Appellant's ❑driving privileges ✓❑ automobile registration for a period of(Insert length of suspension) 90 days pursuant to Section 1786(d) of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) 12/12 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. F1Appellant 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:) .;1o3 7 P O cg's h -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:) I was not properly notified of the lapse in insurance coverage until the lien holder to the car actually got in touch with me by phone. My computer account was hacked and closed down and I did all of my payments for Geico Car Insurance by automatic withdrawal and have for years.The very same day that I was informed of this, I took corrective action right away and renewed full and complete coverage to my truck again. WHEREFORE,Appellant respectfully requests this Honorable Court to sustain the appeal from the suspension of operating privileges or automobile registration. Respectfully submitted, i (Sign n me here) Stephanie L. Limbert (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: A�L Om j Type Name: Stephanie L. Limbert Address: 171 Tory Circle City/State/Zip Code: Enola, PA, 17025 Telephone Number: 717-329-6625 Email address: shinebeautiful79 (@gmail.com 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephanie Limbert 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 November 26 12013 , 1 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:November 26 12013 Signature: Type your Name: Stephanie Limbert Address: 171 Tory Circle City/State/Zip Code: Enola Pa, 17025 Telephone: 717-329-6625 **This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** COMMONNVEAI;TH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 www.dmvstate.pa.us WID# 133049999004187 001 TITLE# 52078166 PROCESSING DATE 131031 J / � TRA SACTION CODE 00060 UtAf J! STEPHANIE L LIMBERT r 3605 KOHLER PL APT 12 CAMP HILL, PA 17011 Z � 06 OFFICIAL NOTICE MAIL DATE: 11/07113 The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: FORD YEAR: 1998 BODY TYPE: STATION WAGON LICENSE PI.ATF,##: HPI,6883 TITLE##: 52078166 VIN##: 1FMPU18LXWI,B64236 This information was requested because GEICO INDEMNITY COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 08,113/13. Either no response was received or the information you provided was not acceptable. As a result, the registration for the vehicle listed above will be suspended for three months effective 12/12/13 at 12:01 A.M. as authorized by Section 1786(d) of the Vehicle Code. THIS IS A FINAL ORDER OF SUSPENSION. You are required to return your current registration plate, sticker and card to 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 restoration 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. Do not send cash. You can also pay by credit card online at www.dmv.state.pa.us by selecting "Pay Your Financial Responsibility Restoration Fee". Within 30 days of your eligibility date for restoration, you will also be required to show proof of insurance for this vehicle. We have enclosed a self-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 ftgistraiiorf JAWC, sticker and card to the Dcp rtment you do not receive a letter stating your registration products were received, please contact us immediately. You have the right to appeal this suspension to the Court of Common Pleas of the county of your residence within thirty(30) days of the mail date 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 Dept of Transportation Office of Chief Counsel 1101 S Front Street-3rd Floor Harrisburg, PA 17104-2516 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephanie L. Limbert No. 13 — 10 (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``S� AND NOW, this /L�day of�40 ryljg``J�, 2041, a hearing is scheduled /:r e on the appeal of Petitioner for the v j day ofV � ^'� 20 1Y at _9_:' R M in Courtroom # Sof 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 ourt, Judge Cam J{,ex ,-C.ctt U-CL r.> C- �_a `' CzJ M M F;i Cj C. r—"A-- <� STEPHANIE L. LIMBERT , : IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND : CUMBERLAND COUNTY v. . • COMMONWEALTH OF PENNSYLVANIA, : NO. 13-7018 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 C! _. 'T: Ale J. Attest: ✓ Ste hanie Limbert, 171 Tory Circle, Enola, PA 17025 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 eapiie_s 112,V.r.LEL C.) r+.3 .':-::'! //2///11 Cn 1--- W Gr STEPHANIE L. LIMBERT, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-7018 CIVIL TERM VEHICLE REGISTRATION : SUSPENSION APPEAL ORDER AND NOW, this 2nd day of June, 2014, the appeal filed in the above - captioned matter is: -i-� REMANDED to the Department of Transportation for correction of its records. DISMISSED and the suspension which is the basis of this appeal shall be REINSTATED. SUSTAINED and the suspension which is the basis of this appeal shall be RESCINDED. WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED. CONTINUED and RESCHEDULED for the day of Room No. , 2014, at .m., in Courtroom of the Cumberland County Courtho z71 Carlisle, Pennsylvania. BY THE COURT: Attest: Stephanie L. Limbert, 171 Tory Circle, Enola, PA 17025 ✓Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Cop i Es mt i issLd - qapy yr/