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HomeMy WebLinkAbout14-1017 Supreme CourGor Pennsylvania Cour,of- .Comoro `leas For Prothonotary Use Only: 4 � C Sheet � s r. Docket No: / S; Cu beerl n r" County /� IdI The information collected on this fibrin is used solely for court administration purposes. This form does not supplement or replace the ling and .service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint El Writ of Summons Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Brittany Bower Penndot I Are money damages requested? Q Ix ❑ within arbitration limits O (check one) Yes No Dollar Amount Requested: I D outside arbitration limits N Is this a Class Action Suit? _ Yes El No Is this an MDJAppeal? El Yes !X No A Name of Plaintiff/Appellant's Attorney: i;x` 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 El Intentional El Buyer Plaintiff Administrative Agencies F7 Malicious Prosecution El Debt Collection: Credit Card 0 Board of Assessment E] Motor Vehicle 0 Debt Collection: Other ® Board of Elections M Nuisance z Dept. of Transportation Premises Liability (] Statutory Appeal: Other S © Product Liability (does not include E (] Employment Dispute: mass tort) rl Slander/Libel/ Defamation Discrimination El C 0 Other: Employment Dispute: Other Zoning Board T, El Other: I [] Other: O MASS TORT E] Asbestos N 0 Tobacco E] Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste El Ejectment M Common Law /Statutory Arbitration B 0 Other: Eminent Domain/Condemnation I❑ Declaratory Judgment (] Ground Rent 0 Mandamus (] Landlord/Tenant Dispute Non- Domestic Relations E] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental El Partition El Replevin El Legal ® Quiet Title l Other: E] Medical [C] Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brittany Bower y B No. (Type your name) c` Vs. Driver's License /Auto Registration AppeadcO M r n r° . VS r" N -^ 1 Commonwealth of Pennsylvania max' _. ca , Department of Transportation < Bureau of Drivers Licensing D C7 ... YJ APPEAL OF DRIVER'S LICENSE AUTO REGISTRATION SUSPENSION ;.,:r -< AND NOW, this (enter today's date) 02/21 20 , comes the Appellant, (Type your name) Brittany Bower , by his /her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert "mailing" date here) 01/28 , 20 to suspend Appellant's 7driving privileges Fl automobile registration for a period of (Insert length of suspension) 1 year pursuant to Section 1543a of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) 03/11 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:) did not know license was suspended. � P P 3 l .2/ 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, (Sign name here) Brittany Bower (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: B rittany Bower Address: 4 west main street apt 2 City / State / Zip Code: Nemille / PA/ 17241 Telephone Number: 717 - 798 -5595 Email address: bower brittany — @ yahoo.com 2 I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF..TRANSPORTATION. Bureau of Driver Licensing Mail Dace: FEBRUARY 04, 2014 BRITTANY NICOLE BOWER WID # 140289283513631 001 4 WEST MAIN ST PROCESSING DATE 01/28/2014 APT 2 DRIVER LICENSE # 30057766 NEWVILLE PA 17241 DATE OF BIRTH 02/25/1992 DeRr MS. BOWER: 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 01/12/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/11/2014 at 12:01 a.m. f Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE. You should follow ALL instructions very carefully. Even if you h, nve served all the time on the f suspensi.cn /revocation, we cannot restore your driving ` privilege until all the requirements are satisfied. F COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 03/11/2014. You may surrender these items before, 03/11/2014, for earlier credit; however, you may not drive after these items are surrendered. f 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. Y ou must present two (2) forms of proper identification (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. 140289283513631 Sylvania driver's licenses, 1. Return all current camera cards to PennDOT. If learner's permits an. f these items, send a swo You do not have any c,.. rn ' notarized letter stating you are aware of the suspension of your driving privilege. °u must specify in your letter why you are unable to�, return your driver's license. Remember: You may not retain your dr,iver's license for identification purposes. Please send these F items to: Pennsylvania :Department _ ,-- _- _ - - - -_ f Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106 -8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's licenses), learner's Permit(s), and /or a sworn J notarized letter, PennDOT will send you a receipt 1 confirming the date that credit began. 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 serv: this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. i t PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension /revocation of your driving privilege. To Day your restoration fee, complete the following steps: I. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the .check or money order to ensure proper credit. 3. Follow the payment and mailing instructions on the back of the application. Please note: Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension /revocation. If you have not acknowledged your suspension /revocation, Please follow the instructions listed under "Complying with this Suspension /Revocation ". 1.4.02892835-13631 i 1 i i i 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 insurance at that time. This letter will list acceptable documents and what will be needed if you do not own a vehicle i registered in Pennsylvania. i i 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 04, 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 certified 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 by 03/11/2014. Sincerely, ` Douglas Haines, Acting Director Bureau of Driver Licensing SEND FEE /LICENSE /DL- 16LC /T0: 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 Brittany Bower 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 02/21 , 2014 , 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 i Date: 02/21 , 2014 i Signature: Type your Name: Brittany Bower Address: 4 west main street apt 2 City / State / Zip Code: newville /PA /17241 Telephone: 717- 798 -5595 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** ] y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brittany Bower 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 0741— day of t 201_4_, a hearing is scheduled on the appeal of Petitioner for the� day of_ �EJ`-�� , 20I_ at �J_: 3D 4% M in Courtroom #-4- 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 the Court, Judge Co F Ins m-WCLL 3 C- N c zz r� •z c-, --t cry IN THE COURT OF COMMON PLEAS OF CUM>BERLAND)CO/UNTY, PENNSYLVANIA Brittany Bower No. ! �� / 0/ ��� L v7 (Type your name) c c� Vs. Driver's License/Auto Registration Appe*w m rTj Fri r Commonwealth of Pennsylvania > cad' Department of Transportation .rcc� , Bureau of Drivers Licensing APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION :; AND NOW, this (enter today's date) 02/21 2014 , comes the Appellant, (Type your name) Brittany Bower , by his/her attorney, and states as follows: 1. Appellant's PA operator's number or automobile registration number is: 2. PennDOT proposes, by Notice dated (insert"mailing" date here) 01/28 , 2014 to suspend Appellant's 7driving privileges ❑ automobile registration for a period of(Insert length of suspension) 1 year pursuant to Section 1543a of the Vehicle Code, which suspension is to be effective (Insert suspension effective date) 03/11 12014 ****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:) did not know license was suspended. /03. 7 al / Cash 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, _ &!-2-- (Sign name here) Brittany Bower (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: Brittany Bower Address: 4 west main street apt 2 City/State/Zip Code: Newville/PA/17241 Telephone Number: 717-798-5595 Email address: bower brittany -@yahoo.com 2 i I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dare : FEBRUARY 04 , 2014 BRITTANY NICOLE BOWER WID # 140289283513631 001 4 WEST MAIN ST PROCESSING DATE 01/28/2014 APT 2 DRIVER LICENSE # 30057766 NEWVILLE PA 17241 DATE OF BIRTH 02/25/1992 I near MS . BOWER : 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 01/12/2014 : ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/11/2014 at 12: 01 a .m. Before PennDOT can restore your driving privilege , you must follow the instructions in this letter for COMPLYING WITH THIS SUSPENSION, PAYING THE RESTORATION FEE and PROVIDING PROOF OF INSURANCE . You should follow ALL instructions very tart carefully. Even if you have served all the time on the ' suspension/revocation, we cannot restore your driving privilege until all the requirements are satisfied . "f COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver 's licenses , learner ' s permits , temporary driver' s licenses (camera cards) in your possession on or before 03/11/2014 . You may surrender these items before , 03/11/2014 , for earlier i credit; however , you may not drive after these items are surrendered . YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION I 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 identification (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 . f'r' 140289283513631 i i sylvania driver 's licenses , 1 . Return all current camera cards to PennDOT. If learner 's permits an. f these items , send a sworn ? ' you do not have any c. . . are aware of the suspension notarized letter stating you , >ou must specify in your of your driving privilege . 1�, return your driver 's _ letter why you are unable to retain your dr.iver 's license . Remember : You may not ' Please send these license for identification purposes . items to : Pennsylvania :D,epartment of Bureau of Driver Licensing P .O . Box 68693 Harrisburg , PA 17106-8693 2 . Upon receipt , review and acceptance of your Pennsylvania driver ' s licensek's) , learner ' s permit (s) , and/or a sworn notarized letter , PennDOT will send you a receipt confirming the date that credit began . 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 sere -ng this suspension. PennDOT phone numbers are listed at the end of this letter . 3 . If you do not return all current driver license products , we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania Vehicle Code . s PAYING THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege . To pay your restoration fee , complete the following steps : I' 1 . Return the enclosed Application for Restoration . The amount due is listed on the application . 2 . Write your driver 's license number (listed on the first page) on the . check or money order to ensure proper credit . 3 . Follow the payment and mailing instructions on the back of the application . Please note : Paying the restoration fee DOES NOT satisfy the requirement to acknowledge your suspension/revocation . If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation" . _.._14.028.928351.3631 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 insurance at that time . This letter will list acceptable documents and what will be needed if you do not own a vehicle registered in Pennsylvania . i 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 04 , 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 certified 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 by 03/11/2014 . Sincerely, Douglas Haines , Acting Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/T0 : 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 Brittany Bower 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 02/21 , 2014 , 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, 3rd Floor 1101 South Front Street Harrisburg, PA 17104-2516 Date:02/21 , 2014 Signature: Type your Name: Brittany Bower Address: 4 west main street apt 2 City/State/Zip Code: newville/PA/17241 Telephone: 717-798-5595 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT **