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HomeMy WebLinkAbout14-1134 Supreme Co nsylvania C011r OIt1i110 V leas For Prothonotary Use Only: Tf C it Docket No: d11 `s1: - C oun t y 113 1 14,- C0 „ Ian ' ds COU11 The information collected on this form 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 law or rules of court. Commencement of Action: Complaint Writ of Summons Petition S r] Transfer from Another Jurisdiction 13 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Erica Morrison Comm. of PA/Dept. of Trans /Bur. of Drivers' Licensing T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? [3 Yes J No (check one) n outside arbitration limits O N Is this a Class Action Suit? Q Yes ix No Is this an MDJAppeal? 0 Yes M No A Name of Plaintiff /Appellant's Attorney: John A. Abom, Esquire ® Check here if you have no attorney (are a Self - Represented [Pro Sel 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 C Malicious Prosecution ® Debt Collection: Credit Card [3 Board of Assessment 13 Motor Vehicle Debt Collection: Other Board of Elections ® Nuisance x9 Dept. of Transportation Premises Liability ❑ Statutory Appeal: Other S Product Liability (does not include Employment Dispute: mass tort) E ®Slander/Libel /Defamation Discrimination ©J C M Other: Employment Dispute: Other r_J1 Zoning Board , Other: I Other: O MASS TORT ® Asbestos N [3 Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS r-il Toxic Waste 01 Ejectment O Common Law /Statutory Arbitration Other: B � Eminent Domain /Condemnation � Declaratory Judgment O Ground Rent Mandamus Q] Landlord /Tenant Dispute Q Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial Ml Quo Warranto 0 Dental 13 Partition ® Replevin Legal 0 Quiet Title Other: 13 Medical ® Other: Other Professional: Updated 1/112011 ` �` TN K OM & 2014 FEB 25 PH 3.1, 9 ULAKIS John A. Abom, Esquire CUMBERLAND COUNTY Attorney 1, D. No.: 77961 2 West High Street Carlisle, Penn ylvania 17013 (717) 249 -0900 COMMONWEALTH OF PENNSYLVANIA,: IN THE COURT OF COMMON PLEAS DEPARTMENT OF TRANSPORTATION, CUMBERLAND COUNTY, PA BUREAU OF DRIVERS' LICENSING, j ' . I APPELLEE G r v V. Driver License No.: 25992610 ERICA MORRISON, APPELLANT NOTICE OF APPEAL OF LICENSE SUSPENSION AND NOW, this a S day of February, 2014, the Appellant, Erica Morrison, by and through her attorney, John A. Abom, of Abom & Kutulakis, LLP, hereby files the foregoing Notice of Appeal of License Suspension: 1. Appellant, Erica Morrison, is an adult individual who currently resides at 12 Belvedere Drive, Mechanicsburg, PA 17055. 2. Appellee, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Drivers' Licensing is a Commonwealth agency with offices in Cumberland County, Pennsylvania. 3. It has been alleged that Appellant violated § 1547BIl of the Vehicle Code on or about January 19, 2014. 4. Appellant denies that she violated § 1547BIl of the Vehicle Code. 5. By letter dated February 13, 2014, Appellee notified Appellant that her driving Y 75 4 �9 privilege would be suspended for a period of one (1) year effective March 20, 2014. A true and correct copy of Appellee's official Notice of Suspension is attached as "Exhibit A ". 6. Appellant denies that the Appellee is authorized to suspend her driving privileges. WHEREFORE, your appellant respectfully requests This Honorable Court to set a hearing and deny the Commonwealth's request that her license be suspended and that her driving privileges be reinstated pending this Appeal. Respectfully submitted, ABOM & KUTULA"s, LLP DATE a John A. Abo9treet uire Attorney for llant 2 West High Carlisle, PA 17013 (717) 249 -0900 ID No. 77961 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 13, 2014 ERICA R MORRISON WID # 140376396766800 001 12 BELVEDERE DR PROCESSING DATE 02/06/2014 DRIVER LICENSE # 25992610 MECHANICSBURG PA 17055 DATE OF BIRTH 03/29/1982 Dear MS. MORRISON: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section 1547B1I of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 01/19/2014: ■ Your driving privilege is SUSPENDED for a period of 1 YEAR(S) effective 03/20/2014 at 12:01 a.m. 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 03/20/2014. You may surrender these items before, 03/20/2014, for earlier credit; however, you may not drive after these items are surrendered. 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 cost of 513.50. 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. 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 notarized 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. Remember: You may not retain your driver's license for identification purposes. Please send these items to: EXHIBIT A- 140376396766800 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 13, 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 03/20/2014. Sincerely, Douglas Haines, Acting Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1- 800 - 932 -4600 TDD IN STATE 1 -800- 228 -0676 OUT -OF -STATE 717 - 412 -5300 TDD OUT -OF -STATE 717 - 412 -5380 WEB SITE ADDRESS www.dmv.state.pa.us 140376396766800 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), 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 serving 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. 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: 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 ". CERTIFICATE OF SERVICE I, Emily J. Filiberd, hereby certify that I did serve a copy of the within Notice of Appeal of License Suspension upon the Appellee, by mailing a copy of said Notice by certified mail addressed as follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 -2516 ABOM & KUTmAKIS, LLP r DITE a s Emily J. F9 erti COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVERS' LICENSING, APPET LEE V. ERICA MORRISON, APPELLANT AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA o 1'1 i13 : Driver License No.: 25992610 ORDER K(1/41-1,\A , 2014, upon consideration of the Appellant's Notice of Appeal of License Suspension, a Hearing is set for the() day of ,31-114- 2014, at ° .2174-/PM, in Courtroom # e>/—, of the Cumberland County Courthouse. FURTHERMORE, Appellee is hereby ordered to reinstate Appellant's driving privilege supersedeas pursuant to Title 75 Pa. C.S. §1550(b) pending said hearing. BY THE COURT 4rin A. Abom, Esquire 2 West High Street Carlisle, PA 17013 nsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104-2516 QS 3pLf 1-2 St. Cr■ ERICA MORRISON, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 14-1134 CIVIL TERM : APPEAL FROM LICENSE SUSPENSION COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellee IN RE: APPEAL FROM LICENSE SUSPENSION ORDER OF COURT AND NOW, this 2nd day of June, 2014, this being the time and place set for a hearing on an appeal from a suspension of license, and the defendant now appearing together with counsel and having indicated a desire to withdraw the appeal, IT IS HEREBY ORDERED AND DIRECTED that the appeal is deemed withdrawn. The previous suspension is reinstated. By the Court, M. L. Ebert, Jr., J. John A. Abom, Esquire For the Appellant Philip M. Bricknell, Esquire For PennDOT :mtf Cao yes /24-t4'N/Y �.