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HomeMy WebLinkAbout14-0282 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: (.U✓4e#1'1c)157 0/ County Iq — a� (.l �✓i The ilrfot-n2atio17 collected on this form is used solely for court administration purposes. This form does not supplement or replace the fi1i17((Ind senVice of pleadirt;s or other papers as required by 1mv or rules of'court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T s zn­� Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? El Yes No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? ❑ Yes 7-y No A Name of Plaintiff/Appellant's Attorney: ® 1-wc.k I ­rk: tt 11 o htl c no ;1,tt{?3 net (i!re ;l 'See -Pe presunied, f Pro sel 1. a(7`:.:_n ) 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 inchide 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 E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other El Zoning Board ,h ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment El Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Quo Warranto Foreclosure: Commercial ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN YLVANIA ///— Cam I Michael J. Jamison No. A (Type your name) Vs. Driver's License/Auto Registration Appeals Commonwealth of Pennsylvania -M _ ;T c.0 Department of Transportation Bureau of Drivers Licensing �c W APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW,this (enter today's date) January 13 , 2014 , comes the Appellant, (Type your name) Michael J.Jamison , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: HTT-7371 2. PennDOT proposes, by Notice dated (insert"mailing" date here) December 15 , 2013 to suspend Appellant's driving privileges ✓❑ automobile registration for a period of(Insert length of suspension) 3 months pursuant to Section 1786(d) of the Vehicle Code,which suspension is to be effective (Insert suspension effective date) January 19 2014 ****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. 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:) Proof of insurance was provided as requested by mail in early November 2013.There was no lapse in insurance and proof was provided. ��300 87 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). F] 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, �K}__�L� S- - (Sign name here) Michael J. Jamison (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: Michael J.Jamison Address: 18 Hamilton Rd. City/State/Zip Code: Boiling Springs PA 17007 Telephone Number: 717-262-8588 Email address: hhiyankee -@yahoo.com 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael J. Jamison 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 January 13 12014 , 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:January 13 . 2014 Signature: Type your Name: Michael J.Jamison Address: 18 Hamilton Rd City/State/Zip Code: Boiling Springs, PA 17007 Telephone: 717-262-8588 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** CONIMONAIV'EALTH OF PENNSYLVANIA D1�PARTMENI' OF 1'RANSPOR'I'A'I'ION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRI.S'BURG, I'A 17106-8674 www.dnrvstate.pa.us WID# 133429999024741 001 TITLE# 69963469 PROCESSING DATE 131208 TRANSACTION CODE 00060 MICHAEL J JAMISON 6 BUCHANNON DR APT 303 CARLISLE, PA 17013 OFFICIAL NOTICE MAIL DATE: 12/15/13 Dear Customer: The Department recently requested that you provide us with proof of financial responsibility (insurance) for the following vehicle: MAKE: SUBARU YEAR: 2011 BODY TYPE: SEDAN LICENSE PLATE##: HTT7371 TITI,E#: 69963469 VIN#: 4S3BMIBJ62B3264298 This information was requested because GF.ICO GENERAL INSURANCE COMPANY notified us that the insurance policy covering the vehicle listed above was terminated on 10/24,113. 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 01/19/14 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 registration plate, stinker and card to the Department you do not receivc a tct cr 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 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael J. Jamison No ,28 (;};,, z •(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 /3t4 day of(I /11a1/4/ , 20/44a hearing is scheduled on the appeal of Petitioner for the ." � day of L44,t/L014 , 20i4at 9 :3 Q p 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 th- ourt, Sri i._)' r Judge _" r—Cw n ?el),..)131- l . . ('3 /11L//4/ MICHAEL J. JAMISON, : IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. • • COMMONWEALTH OF PENNSYLVANIA, NO. 14-0282 CIVIL TERM DEPARTMENT OF TRANSPORTATION, • c _Q BUREAU OF DRIVER LICENSING, • DRIVER LICENSE Respondent • SUSPENSION APPE „, a r-- W r*-t ORDER n ca x. AND NOW, this 31st day of January, 2014, the appeal filed in boe- 4 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. 4. CON UED -nd RESCHEDULED for the 2.y�C day of 014 d Room No. • he Cumberlan411141S4.- my C..►_ ouse, Carlisle, Pennsylvania. BY THE COURT: 4;le J. Attest: Michael J. Jamison, 18 Hamilton Road, Boiling Springs, PA 17007 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Ca t eS /2i1 //..1//1