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
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?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
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