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HomeMy WebLinkAbout14-1377Supreme Court ofTennsylvania Court-of Common:Pleas Civil COTO Sne'et • ' .• County For Prothonotary Use Only: Petition Declaration of Taking Docket No: 77 The formation collected on this ,form is used solely for court administration purposes. This form does not supplement or replace tlwfiling and service o 'pleadin s or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking o Complaint • Writ of Summons 0 0 Transfer from Another Jurisdiction 0 Lea Plaintiff's Na e: 0, Lead Defendant's Na • n 1 n Are money damages requested? 0 Yes Dollar Amount Requested: 0 within arbitration limits (check one) 0 outside arbitration limits Is this a Class Action Suit? 0 Yes o Is this an NIDJ Appeal? 0 Yes No Name of Plaintiff/Appellant's Attorney: P-- Cheek 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) o Intentional 0 Malicious Prosecution 0 Motor Vehicle 0 Nuisance O Premises Liability 0 Product Liability (does not include mass tort) 12 Slander/Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY O Dental O Legal 0 Medical O Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other 0 Employment Dispute: Discrimination o Employment Dispute: Other O Other: REAL PROPERTY O Ejectment 0 Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial 0 Partition O Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections ga, Dept. of Transportation 0 Statutory Appeal: Other 0 Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration O Declaratory Judgment o Mandamus 0 Non-Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY VANIA Ike_L\ QQ \VOW. : No. /1"/" /371 (Type your name - Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Drivers Licensing Driver's License/Auto Registration Appeal -1- rri rri cf) r- -<> APPEAL OF DRIVER'S LICENSE/AUTO REGISTRATION SUSPENSION AND NOW, this (enter today's date) Muck , 2014 Ypecir Ciwcrt , by his/her attorney, <c) c-) =c) 37. r\.) comes the Appellant, (Type your Erne): and states is'f6116-ws: 1. Appellant's PA operator's number or automobile registration number is: a R0( 27—P-ennDOT proposes, by Notice dated (insert "mailing" date here) Mac CAN, , 20 , to suspend (Tp. Appellant's y— driving privileges rhon4-15 Comp 'rision is to be effective (Insert suspension effective date) Ord\ 13 .44-; 20 A`T P automobile registration for a period of (Insert length of suspension) pursuant to Section 9 .7 6 ITT of the Vehicle Code, which ****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). s. Other (Specify reason:) • 105. spci Ro-lt Mg 7 a 38 y g6-3? -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. TII s!. Respectfully submitted, ?bol(L bge_Aconp (Type name ire) VERIFICATION ,off 0i. 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 I. iunsworn falsification to authorities. Signature: Type Name: Address: City / State / Zip Code: Telephone Number: Email address: A o; f,s RegJ�: �wrs• 3 (0 vti 6 I. Le, 10b0Q O e 'Q 70- -08 /7 ipeci6dpoitv..op 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Type your n e) No. 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 , 20 , I caused to be mailed by regular mail, postage prepaid, a copy of the Appeal, Order Scheduling Hearing, and all attachments, to: Date: , 20 Office of Chief Counsel Vehicle and Traffic Law Division Riverfront Office Center, 3`d Floor 1101 South Front Street Harrisburg, PA 17104 -2516 Signature: Type your Name: Address: City / State / Zip Code: Telephone: @Liven 0_ 35(0 SGIorni 11 rd Mccuifle Pa./202yi 71-7 -f3oq -off r-2 ** This form must be completely filled out and filed in the Prothonotary's office promptly after mailing the documents to PennDOT ** � COMMON��"=°LTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: FEBRUARY 06, 2014 BECKY A DECHENE 356 SAWMILL RD NEWVILLE PA 17241 WID it 140306739807245 001 PROCESSING DATE 01/30/201 DRIVER LICENSE # 22201481 DATE OF BIRTH 05/24/1967 ^:.., Dear MS. DECHENE: This is an Official Notice of the Suspension of your Driving Privilege as authorized by Section I54781II of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 01y11/2014: Your driving privilege is SUSPENDED for a period of 18 MONTH(S) effective 03/13/20I4 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 oosoession on or before 03/13y2014, You may surrender these items before, 03/I3/2014, 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 a cost of *13.50, You must present two ( ) forms of proper identification (e.g., birth certificate, valid U.S. __--_:_-^ .,~ tetc.` ) in order in your photo identificatioh�ta-ed ~ You will not receive credit towardterving any suspension until we receive your licens 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: 140306739807245 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 ". 140306739807245 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 08,, 2014' of this letter. If yoW 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, P4 17104-2518 Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license products to PennDOT by 03/13/3014. Sincerely, ‘A. Douglas Haines, Acting Director Bureau of Driver Licensing INFORMATION 8:00 a.m. to 5:00 p.m. IN STATE 1-800-933-4600 TDD IN STATE 1-800-228-0678 OUT-OF-STATE 717-412-5380 TDD OUT-OF-STATE 717-412-5300 WEB SITE ADDRESS www.dmv.state.pa.us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA e...6sg-re (Print your name Vs. Commonwealth of Pennsylvania Department of Transportation Bureau of Driver Licensing No /q-/377 Driver's License/Auto Registration Appeal ORDER SCHEDULING HEARING ON APPEAL , 20 4 hearing is scheduled AND NOW, this -r- day of MIN-42-1.44-- on the appeal of Petitioner for the c2 day of ,20 14 at in Courtroom 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. BECKY A. DECHENE, 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. 14-1377 CIVIL TERM DRIVER LICENSE SUSPENSION APPEAL AND NOW, this 2nd day of June, 2014, the appeal filed in the above - captioned matter is CONTINUED and RESCHEDULED for the 16th day of October, 2014, at 1:30 p.m., in Courtroom 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Attest: Becky A. Dechene, 356 Sawmill Road, Newville, PA 17241 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 Q. t es LL � 3 � 9,2, :0 C— ,{lr hfilc' BECKY A. DECHENE, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-1377 CIVIL TERM APPEAL OF DRIVER LICENSE SUSPENSION ORDER AND NOW, this 16th day of October, 2014, the appeal filed in the above - captioned matter is: Attest: 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/ ec>4; pr -r 16 .-194-7 CONTINUED and RESCHEDULED for the r -r1 F , 20_, at .m., in Courtrgp Room No. of the Cumberland County Courthou Carlisle, Pennsylvania. BY THE COURT: Becky A. Dechene, 356 Sawmill Road, Newville, PA 17241 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 eop r C5- *ad d 1°101/9 k?