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HomeMy WebLinkAbout14-1081 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: C u.r?b" P lf ie- ri County /y.—JO ( C The information collected on this,fbrrn is used solely for court administration purposes. This farm does not supplement or replace the filing and service of pleadings or other papers as required be law or rules of court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: TASjQmornS �jUtG> 4,i,„9 Pe n c10 tl I Are money damages requested? 0 ❑ No Dollar Amount Requested: 0 within arbitration limits Y g re a (check one) ❑outside arbitration limits 0 N Is this a Class Action Suit? ❑Yes LI No Is this an MDJAppeal? ❑ Yes 171 No A Name of Plaintiff/Appellant's Attorney: / Gf eiYl(.l 9 13 K Gt d ca.,19 0 Check here if on ha‘e e no attorrrev(are a Self-Represented [Pro Set I.iti2ant) 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 0 Employment Dispute: E mass tort) ❑ Slander/Libel/Defamation Discrimination C ❑ 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 O Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 4',03- 5- oust, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A 30-d`t ef (Type your name) • Vs. • Driver's License/Auto Registration Angst rn ;-- Commonwealth of Pennsylvania _< Department of Transportation • " ' - Bureau of Drivers Licensing N • APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION :,3 AND NOW, this (enter today's date) eta/a 7/ , 20 , comes the Appellant, (Type your name) ".e 1n1 jj , by his/her attorney, and states as follows: 1. Appellant's P,operator's number or automobile registration number is: ° 3 .11/ . .a0 2. PennDOT proposes, by Notice dated (insert "mailing" date here) 00/05 , 20 , to suspend Appellant's Kdriving privileges automobile registration for a period of(Insert length of suspension) y-ea.Y pursuant to Section /J 1/3 >9" of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) d=2/ e2 , 20 / ****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:) 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date : FEBRUARY 05 , 2014 AGYEMANG BUABANG VJID * 140299283521797 001 17 EAST KING ST PROCESSING DATE 01/29/2014 APT 8 DRIVER LICENSE * 30594220 SHIPPENSBURG PA 17257 DATE OF BIRTH 06/10/1981 Dear MR . BUABANG: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1543 of the Pennsylvania Vehicle Code . As a result of your 01/27/2014 conviction of violating Section 1543A of the Vehicle Code DRIVING WHILE SUSP/REVOKE on 01/19/2014 : • Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 02/05/2014 at 12: 01 a .m. 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 $ 13. 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 . 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 . 140299283521797 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 . 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 in- surance 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 , FEBRUARY 05, 2014, 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 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 140299283521797 Remember , this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT IMMEDIATELY. Sincerely, 44410N.,/'. Douglas Haines, Acting 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 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA / 9 pX41/2 WG oti'LC'i No. name �� • Vs. Driver's License/Auto Registration Appeal • • Commonwealth of Pennsylvania Department of Transportation -0 " Bureau of Driver Licensing moo ;1(fi i- f.) CERTIFICATE OF SERVICE -< < �..., The undersigned hereby certifies that on/off , 20 /`l , I cause 1 tae 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: 10a/o2. , 20 / Signature: Type your Name: /9-S -6,2/1/Nat 11,9 Address: / 7 /6 ni5 se J 4'e-- City/State/Zip Code: �p s' ar3 Pig / 7as7 Telephone: -5 ? — 70S- /? ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** G� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA m —ems uG Jul✓J No. I 1 !16p G,`W` 'I to& (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 day of A , 20,�, a hearing is scheduled on the appeal of Petitioner for the C)- day of �I� h¢— 20 ILA at Q[ :&Q A M in Courtroom # t)� of the Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, PA 17013, at which time testimony will be taken and argument hearth. 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 the Court, Judge A. r,n co m M rn-_ �_ c� 1""o - AGYEMANG BUABANG, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-1081 CIVIL TERM VEHICLE REGISTRATION SUSPENSION APPEAL ORDER AND NOW, this 2nd day of June, 2014, the appeal filed in the above - captioned matter .is: r - C. n_, Q._ +7' Attest: twat / 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 , 2014, at .m., in Courtroom Room No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: ✓Agyemang Buabang, 17 East King Street, Apt 8, Shippensburg, PA 17257 /'hilip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516