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HomeMy WebLinkAbout14-0380 Supreme C'OUo 'Pennsylvania COUP f=Comoro >Pleas For Prothonotary Use Only: C vil���'�� CovrShet Docket No: `�T� , ?. 1 Ct�rterlaPid x` County �f (PQ rn o :r The information collected on this fora: 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 lam,or rules of court. Commencement of Action: S [I Complaint ❑ Writ of Summons ❑ Petition E F1 Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: Dolores J. Drews Commonwealth of Pennsylvania, Dept. of Transportatior T I Are money damages requested? Dollar Amount Requested: ❑within arbitration limits El Yes © No O 1 (check one) [:]outside arbitration limits N Is this a Class Action Suit? ❑Yes © No Is this an MDJAppeal? ❑ Yes ❑ No A Name of Plaintiff/Appellant's Attorney: Robert G. Frey ❑ 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 ❑ 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: mass tort) E Slander/Libel/Defamation Discrimination C e Other: ❑Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑Other: o MASS TORT ❑ Asbestos. N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑Ejectment ❑Common Law/Statutory Arbitration B Eminent Domain/Condemnation ❑Declaratory Judgment Ground Rent ❑Mandamus _ ❑Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY HMortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑Partition ❑Replevin ❑ Legal ❑Quiet Title ❑Other: ❑ Medical ❑Other: ❑ Other Professional: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DOLORES J. DREWS No. 2014- (Type your name) ;Z a'?7 - _D Vs. Driver's License/Auto Registration Appeal-< Commonwealth of Pennsylvania �7_5 Department of Transportation Bureau of Drivers Licensing r APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW,.this(enter today's date) January 20 ,20 14 'comes the Appellant, (Type your name) Dolores J. Drews .by his/her attorney, Robert G. Frey and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 22054310 2. PennDOT proposes,by Notice dated(insert"mailing"date here) January 10 ,20 14 to suspend Appellant's driving privileges ❑automobile registration for a period of(Insert length of suspension) Indefinite pursuant to Section 1519(c) of the Vehicle Code,which suspension is to be effective(Insert suspension effective date) January 17 .20 14 ****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; F1The 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:) The suspension was based on medical information received indicating a Cognitive Impairment. Appellant believes that subsequent medical informa- tion provided or to be provided demonstrates that Appellant does not have Cognitive Impairment that prevents her from safely operating a motor vehicle. C�i.2 43 12#3oo6yb -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 I- (SHobert here)Frey Pa. Supreme Court ID No. 46397 5 South Hanover Street (Type name here) Carlisle, PA 17013 (717) 243-5838 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: Dolores J`. Drews Address: 1 Burgundy Circle City/State/zip code: Carlisle, PA 17013 Telephone Number: (717) 249-4609 Email address: @ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DOLORES J. DREWS No. 2014- . (Type your name) Vs. Drivers License/Auto Registration Appeal Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing CERTIFICATE OF SERVICE The undersigned hereby certifies that on January 21 2014 , 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: January 21 '2014 Signature: Type your Name: Robert G. Frey Address: 5 South Hanover Street City/State/Zip Code: Carlisle, PA 17013 Telephone: (717) 243-5838 **This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT** DOLORES J.DREWS, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA NO. 2014-00380 CIVIL TERM DEPARTMENT OF TRANSPORTATION : BUREAU OF DRIVERS LICENSING DRIVERS' LICENSE APPEAL Appellee ORDER AND NOW, upon consideration of the the Appeal of Suspension filed by the Appellant, a hearinc, is scheduled for/'Z'. , l/AA!• 3 / ,2014 at 36 h-1210 IF in Courtroom No. of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,Pennsylvania 17013. BY THE COURT: L/A IaA AY J. �F 444 _ C) GAY DOLORES DREWS, • IN THE COURT OF COMMON Petitioner • PLEAS OF CUMBERLAND • CUMBERLAND COUNTY v. COMMONWEALTH OF PENNSYLVANIA, • NO. 14-0380 CIVIL TERM DEPARTMENT OF TRANSPORTATION, • • DRIVERS LICENSE 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 COU • J. Attest: /1(obert G. Frey, 5 South Hanover Street, Carlisle, PA 17013 ./Philip M. Bricknell, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, Riverfront Office Center, 3`d Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 Ptts' ipipy PICO .17:"" ) X re, 2„, rn Dc DOLORES DREWS, 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. 14-0380 CIVIL TERM DRIVER LICENSE RECALL APPEAL AND NOW, this 2"d 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: ✓ Kobert G. Frey, Esq., 5 South Hanover Street, Carlisle, PA 17013 ./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 Cop i ss /�2�., CL L1a�iy CP OD