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Home My WebLink About13-7487 Supreme Court of Pennsylvania Cour of Common leas For Prothonotary Use Only: Cv i1 Cover Sleet Docket No: UCounty / 3---Nei 0,`1 ,,,„„_,,,,,...,,,.40.., ,, The information collected on this form is used solely for 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 El Complaint El Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E CLead Plaintiff's Name: Lead Defendant's Name: Dollar Amount Requested: 0within arbitration limits I Are money damages requested? El Yes EIXo (check one) 0outside arbitration limits O — / N Is this a Class Action Suit? D Yes N' Is this an MDJAppeal? El Yes 0 1 o A Name of Plaintiff/Appellant's Attorney: Caheck here if you har e no attorney (are a Self-Represented aPro 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies D Malicious Prosecution 0 Debt Collection: Credit Card El Board of Assessment O Motor Vehicle 0 Debt Collection: Other 0 Board of Elections O Nuisance Ekllept. of Transportation D Premises Liability El Statutory Appeal: Other 0 Product Liability(does not include � 'j mass tort) 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: D Employment Dispute: Other 0 Zoning Board T El Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort Implant REAL PROPERTY MISCELLANEOUS El Toxic Waste D Other: El Ejectment 0 Common Law/Statutory Arbitration B El Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus El Landlord/Tenant Dispute 0 Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental El Partition El Replevin El Legal 0 Quiet Title 0 Other: D Medical 0 Other: O Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /�- 0C-A0 y Ch 7— I cN44e No. /37q7i1 y (Type your name) w Vs. • Driver's License/Auto Registration Ap ]' r` (,)r" ' Commonwealth of Pennsylvania • rte— Department of Transportation • ,> c Bureau of Drivers Licensing g c= APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION -ry L_D AND NOW, this (enter today's date) GkC. Z6, 20 I T , comes the Appellant, (Type your name) 1,Q c tom t`--&.C— rI0.NR.,by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2:7 G76 /9 . 2. PennDOT proposes, by Notice dated (insert "mailing" date here) (\o U ZU , 20 13 ,to suspend Appellant's riving privileges n automobile registration for a period of(Insert length of suspension) 3 rto AAA 5 pursuant to Section O 5 32_B of the Vehicle Code, which suspension is to be effective (Insert suspension effective date)Ct , 20 13 ****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) nThe 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; QThe 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:) d'103- 5 24 01 all -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 s . itted, .,iidoe) W (Sign name here) /0-16(la_ --7— r/c...1 ,,,,e___ (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. Signat Appro-/ Type Name: A GZI O,- Ale `„ 00 Address: 62.-() C/x e b//- e - ,Q&/ 44- i �? i City/State/Zip Code: P71(4)_ 74- / 7 U ZS Telephone Number: Email address: tic o✓!e—_/a/fG.@ ctalc o . Cool 2 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : NOVEMBER 20 , 2013 LATOYA TANESIA MCFARLANE WID t 133179283731420 001 920 CHESTER RD APT B PROCESSING DATE 11/13/2013 DRIVER LICENSE t 27676193 ENOLA PA 17025 DATE OF BIRTH 12/19/1984 Dear MS. MCFARLANE : This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1532B of the Pennsylvania Vehicle Code . As a result of your 11/12/2013 conviction of violating Section 1371 of the Vehicle Code DRIVE WHILE REG. SUSP/REVO on 08/12/2013 : • Your driving privilege is SUSPENDED for a period of 3 MONTH(S) effective 12/25/2013 at 12: 01 a .m. Before PennDOT can restore your driving privilege , you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION , PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE . You should follow ALL instructions very carefully. Even if you have served all the time on the suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied. 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 12/25/2013 . You may surrender these items before , 12/25/2013, 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 . 133179283731420 PROVIDING PROOF OF INSURANCE Within the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time . This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania . IMPORTANT: Please make sure that PennDOT is notified if you move from your current address . You may notify PennDOT of your address change by calling any of the phone numbers listed at the end of this letter : 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 20 , 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 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 12/25/2013. Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO : INFORMATION (8: 00 AM TO 5 : 00 PM) Department of Transportation IN STATE 1-800-932-4600 Bureau of Driver Licensing OUT-OF-STATE 717-412-5300 P.O . Box 68693 TDD IN STATE 1-800-228-0676 Harrisburg , PA 17106-8693 TDD OUT-OF-STATE 717-412-5380 133179283731420 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 : 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" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gk- • No. /3 " 7 (Type your Name) • Vs. Driver's License/Auto Registration Appeal • Commonwealth of Pennsylvania Department of Transportation • Bureau of Driver Licensing • rr CERTIFICATE OF SERVICE r— .... Fo -- The undersigned hereby certifies that on dec._ ZO, 2013 , 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,3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date: 06.4. ZD , 20 /3 Signatu e: Type your Name: dc-iyu-- ""/"-- /7Gh/e e Address: q2o OA.at. aJ City/State/Zip Code: .77)06- P4 /7 O Z S Telephone: 7 / 7 - 602. - 0576 **This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1,640 C/Ok rkfatIOVIe No. 3 - 7W7 1 (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 Ja 01 AND NOW, this — day of 11,1 Anal al , a hearing is scheduled on the appeal of Petitioner for the .. / 57 day of %AAA/A , 20 14, at 9 : .3dAm in Courtroom #a_ 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 th- •ourt, a:Pile& /Ma Judge 1-1 -r rri r r--- LATOYA T. MCFARLANE, : IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND CUMBERLAND COUNTY] = , : v. ate'. - - -- • z t: COMMONWEALTH OF PENNSYLVANIA, • NO. 13-7487 CIVIL TERIVF w DEPARTMENT OF TRANSPORTATION, • c , BUREAU OF DRIVER LICENSING, • DRIVER LICENSE D �• --'' Respondent : SUSPENSION APPEA 6 ;c. ORDER AND NOW, this 31st day of January, 2014, the appeal filed in the above- captioned matter is: 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 e-fFecAi. - y /� &,1q, CONTINUED and RESCHEDULED for the day of , 2014, at .m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COUR • J. Attest: /CaToya McFarlane, 920 chester Road, Apt. B, 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 C-410 t LC, 1/2/Iy