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HomeMy WebLinkAbout13-7714 Supreme Co .. Pennsylvania Coul, PCd nrno Pleas For Prothonotary Use Only: r Cil 11 COVer�S�hee't Docket No: n < 1 County —- 7 1 The h?,formation collected on this form is used solely for court administration.purposes. This fibrin does not supplement or replace the filing and.service of pleaditngs or other papers as required by law or rules of court. Commencement of Action: S D Complaint D Writ of Summons D Petition Transfer from Another Jurisdiction D Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T, 7 yn l C. A G-►J o t_U Tta , 9 E,1V 0 -0 C>� Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? D Yes ER No check one)) outside arbitration limits O N Is this a Class Action Suit? D Yes. B No Is this an MDJAppeal? . Yes A Name of Plaintiff/Appellant's Attorney: 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 D Intentional E] Buyer Plaintiff Administrative Agencies D Malicious Prosecution D Debt Collection: Credit Card D Board of Assessment Motor Vehicle Q Debt Collection: Other Board of cti ns Nuisance — Dept.of Transportation Premises Liability atutory ppeal: ter S Product Liability(does not include El Employment Dispute: E mass tort) D Slander/Libel/Defamation Discrimination D C D Other: Employment Dispute: Other Q Zoning Board D Other: T I D Other: O MASS TORT D Asbestos N ❑ Tobacco D Toxic Tort-DES D Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS DToxic Waste Other: D Ejectment D Common Law/Statutory Arbitration B El Eminent I omain/Condemnation D Declaratory Judgment D Ground Rent - 3 Mandamus ❑- `Landlord/Tenant Dispute D Non-Domestic Relations D Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial D Quo Warranto D Dental El Partition D Replevin D Legal D Quiet Title D Other: D Medical D Other: D Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Arnu C . AGn) atvTr'0 No. (Type your name) f� T) J 1-/ GJ} T�_.. Vs. Driver's License/Auto Registration Appeal 7., Cr-1-a J r �—r Ca? f 0 C`7 Commonwealth of Pennsylvania 7.0 Department of Transportation a Bureau of Drivers Licensing ,:Y ry c=' W APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION ' ls� AND NOW,this(enter today's date) OeC.- ✓ , 2008 , comes the Appellant, (Type your name) Am4 A"otom-p , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 31a� 6ti0� tu 2. PennDOT proposes, by Notice dated (insert"mailing" date here) 1Decern4tr , 20 13 ,to suspend Appellant's ©driving privileges ❑ automobile registration for a period of(Insert length of suspension) 115 DAys pursuant to Section 11544 of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) J)?-Corr 1W- 2--1 , 2013 ****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) F] 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:) T 00 �u.11 S4-4 dler) -:L-7 utw t I cu.d S' 1. �►�2�;c� ��.sl� Qyj00inbr.e*.t1 ynW -- R4kj%j in �11ul P+4 Qnd CQwrw�-- �J�9 7 be %,VA1, act' ct i tense 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, C (Sign name here) Arni C. A (-,n1 o t uT ry (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: ^ Type Name: C• Address: Or;c A- S7'a--ger- City/State/Zip Code: i u 1�lr sQ R.t n�lr5 t ?(� 1-700-7 Telephone Number: Email address: �' a- @ Carn Q.L 18 3 @ messI4 ti. edu. 2 COMMONWEALTH OF PENNSYLVANIA S� DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : DECEMBER 19, 2013 AMY C AGNOLUTTO WID # 133469283090035 001 27 HIGH ST PROCESSING DATE 1211212013 DRIVER LICENSE # 31071104 BOILING SPRGS PA 17007 DATE OF BIRTH 10/14/1985 Dear MS. AGNOLUTTO : This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1544 of the Pennsylvania Vehicle Code . As a result of your 12/11/2013 conviction of violating Section 3323B of the Vehicle Code , STOP SIGN VIO- LATION , on 11/25/2013 : ■ Your driving privilege is SUSPENDED for a period of 15 DAY(S) effective 02/27/2014 at 12: 01 a .m. Instead of assigning points to your driver 's license record, Section 1544 of the Vehicle Code requires PennDOT to extend any existing suspension 5 days for each point that would have been assigned to your driver ' s license record . There- fore , PennDOT is assigning this additional 15 DAY(S) SUS- pension to your current suspension . This suspension is in addition to any other suspensions al- ready on your record . COMPLYING WITH THIS SUSPENSION PennDOT records indicate that your driving privilege is currently suspended/revoked . You must return all current Pennsylvania driver 's licenses , learner ' s permits , tempo- rary driver 's licenses (camera cards) in your possession IMMEDIATELY. 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 513 . 50 . You must present two (2) forms of proper iden- tification (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 . 133469283090035 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 nota- rized 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) , camera card(s) , and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit be- gan. 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 . sus- pension . PennDOT phone numbers are listed at the end of this letter . 3. If you do not return all current driver license pro- ducts , we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code . APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, DECEMBER 1-9 , 2013, of this letter . if you f ile 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 certi- fied 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 IMMEDIATELY. 133469283090035 Sincerely, Janet L . Dolan , Director Bureau of Driver Licensing INFORMATION 8 : 00 a .m . to 5 : 00 p .m. iN CAI 1 1-800-932-{x600 TDD IN STATE 1-810-228-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE 717-412-5380 WEB SITE ADDRESS www. dmv . state . pa . us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ir C - AC7ti1OLVTM No. (Type your name) C-o �iIM Vs. Driver's License/Auto Registry `Apal Commonwealth of Pennsylvania Department of Transportation �`- � ' :-� � _gin•.. Bureau of Driver Licensing :7-"c-' CERTIFICATE OF SERVICE The undersigned hereby certifies that on �ece,,,yjber 31'� 20 IS , 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: 7, 2cernber 3Is t, 2013 Signature: Type your Name: r1 M' C A9rLo�u Address: (�rH ST-R City/State/Zip Code: go���^I SpR,(3&s PA 1-7U0-7 Telephone: ` q3 q o q — q, 3 S ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** x_. � 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A en y C . Pt G. oLV7�� /3- 77/Y cov/ • No. (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 Z. 4 day of VA , 20/d11, a hearing is scheduled on the appeal of Petitioner for the J/ day of LiA/alite. , 20/Tat `7:3 elA M in Courtroom #.-3 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 - - Court, Judge ic_ct c- C-6'1£S "u�.� rrl C4raT Any 117AJOLA.416 ii)//1/. , AMY C. AGNOLUTTO, • IN THE COURT OF COMMON Petitioner : PLEAS OF CUMBERLAND CUMBERLAND COUNTY-, v. • -13Z rri to rri COMMONWEALTH OF PENNSYLVANIA, • NO. 13-7714 CIVIL TWA' DEPARTMENT OF TRANSPORTATION, • BUREAU OF DRIVER LICENSING, : DRIVER LICENSE �o Respondent : SUSPENSION APPS kD ORDER - r r -'( N 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. CONTINUED and RESCHEDULED for the day of �vn 4- , 2014, at at' .5d °i .m., in Courtroom Room No. Z of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: ° 74 J. Attest: my C. Agnolutto, 27 High Street, Boiling Springs, PA 17007 hilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eCr /73V - `- r)(1 AMY AGNOLUTTO , Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUMBERLAND COUNTY NO. 13-7714 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 2nd day of June, 2014, the appeal filed in the above - captioned matter is REMANDED to the Department of Transportation for correction of its records. BY THE COURT: Attest: ,Amy Agnolutto, 27 High Street, Boiling Spring, PA 17007 (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 P1 - C) C- c N C)